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HomeMy WebLinkAboutOrd 1574 - zoning; extend "sunset" provisions for certain ORDINANCE NO. 1574 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO EXTEND "SUNSET" PROVISIONS FOR CERTAIN NON- CONFORMING USES; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report ona proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and readopted by Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance"), which report is attached as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. The hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on January 12, 1998. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on January 26, 1998. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4 The City Council shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in a newspaper of general circulation in the City at least once on or before the fifteenth day preceding the date of the hearing. The notice shall also be posted at five public places in the City, one of which must be the place used for posting notices of City Council meetings. The notices shall be posted on or before the tenth day preceding the date of the hearing. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. I ~-_.~._--- ----- F..--=---==-!'"....:::....==-~ Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a-state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED AND APPROVED on first reading, this~day of ~ , 1917 Voting Aye: Voting Nay: Absent: ~- ATTEST: (Seal) ~~- R~ City Attorney ~ r- ."- C'T"';"' -'-~---r-- -~ .~.jIn IHI~ IW"Il mrmr 1 ExhibitA Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 December 18, 1997 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on proposal to amend the zoning ordinance of the City of West University Place, Texas (~City") to extend the ~sunset" -provisions for certain prior non-conforming uses. To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. ScoDe of ProDosal. The proposal is to amend Section 12.103(i) as indicated below: (i) Passage of Time. The following PNC items lose PNC status upon the expiration of the time . d . d. d peno . SIn lCate PNC Item Ulle of a building site in an SF Distri~ for business activities Presence of more dwelling uriits than allowed in an SF District. Use of a building site by more than one family in violation of SF District use regulations High output lighting devices in violation of Article 8 Lack of special screens in violation of Article 8 (waste storage or loading) Non-compliance with pervious. area requirement in theCDistrict. - Time Period Special Conditions =fcIt Twentv years from the 1987 effective. date =fcIt Twentv yearsfroll1 the 1987 PNC status for space which qualifies as effective date confonning accessory quarters is not necessarily lost. =fcIt Twentv years from the 1987 effeCtive date 180days following the 1987 effective qate 180 days following the 1987 effective date Ten years following the 1987 effective date . This amendment would only apply to existing non-conforming uses that are old, that is, uses that have been in existence since 1987 or perhaps earlier. Under the existing section, these uses would lose - '---.-..---------'--r'~~C~,~"'T=r_J---'-------r"-oc---c----- ---c__ ,1' , Tr-'"iiIrr- C' -- IHIWm"'TI1H1f1lll' : prior non~conforming status (sometimes referred to as ~grandfather" status) in October 1997. The proposal would extend prior non- conforming status for these old uses to October 2007. However, any prior non"":conforming use can lose its status by conversion, casualty, etc., and this would not be affected by the amendment. Preliminary Recommendation. Based on the limited review given this matter so far, -and subject to further review following public hearing, the Commission: (i) finds that the proposed amendment, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the amendment, and (iii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. ' The Vote. The following members of the Commission approve this preliminary report: Commissioners Ross, Musher, Cass-Shively, Watson and Day all voted ~Aye", with no Commissioners voting ~No". (Nelson and Griffin absent.) Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS J1Jf;,v- the Co:rrunission By: For ------.-'-------'---~-- r"~-'~~~~r~'-=-T1---'----.---.--r-'."',~.."--~----.----''-11-'-- ~r.~.i1TTF -'mm~m'''TI::rnrmr : Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting setto begin at 7:30 p.m. on January 12, 1998. Each hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on January 26, 1998, at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City' sZoning. Ordinance and subdivision-ordinance, as follows: . (1) An amendment to 'allow "garden-style" single-family use in the Bellaire Boulevard Townhouse P.D.D. (pDD-THl District). Basic townhouse regulations from the TH District would apply, except: (i) dwelling units could not be attached, (ii) private streets could be used, (iii) three parking spaces per dwelling unit would be required, with one being available for guest parking, and parking spaces could be located in common areas for shared use, (iv) one interior sideyard per building site could be zero width, if there were an adjacent maintenance easement platted and restricted as open area, and (iv) the minimum rear yard depth would be five feet adjacent to a major thoroughfare (but the required SF Bufferyardadjacent to any single-family district would remain at 20 feet). A teplat would also be required. Thereplatting rules would require "fee~simple" building sites (with only one dwelling unit per site) and numerous site plan details, and they would require that the replat incorporate restrictions and maintenance provisions. A cross- reference would be added to the City's subdivision ordinance (Chapter 20 of the Code of Ordinances) to incorporate the new replatting -rules. (2) An amendment to extend the "sunset" provisions for certain prior non~conforming uses from ten years to twenty years. The amendment would only affect existing non-conforming uses which acquired prior non-conforming status in 1987, or earlier. See Section 12-103(i) of the Zoning Ordinance. The affected uses would be: (i) use of a building site in an SF District for business . activities, (ii). presence of more dwelling units. than allowed in an SF District, (iii) use of a building site by more thap. one familyin an SF District. Additional details on the proposals as well as the Zoning Ordinance and subdivision ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the affected districts and the City, and any person interested in such matters should attend the hearings. Each proposal may be adopted only after notice and hearing, and it would control over any inconsistent provision in the current Zoning Ordinance or subdivision ordinance. ~~_._~~~-- -:E"",:-~~:~O;::=:-':"""='''~=''=T'~':-=>:r~'~3-.'-----~-F'''~'-'~=~-='=-,,"'-'_"-~'=C"'C=-"'_'="'nr.~