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HomeMy WebLinkAboutORD 1862 Joint Public Hearing for Old Stock Housing City of West University Place Harris County, Texas Ordinance No. 1862 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; 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 on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance 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: 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. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on r; A;K C).ro't . The hearing may be recessed and continued to the City Council meeting set'to begin at 6:30 p.m. on m~/.J 10, .7",6' at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. 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 Secretary 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 the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. 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. 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. Attest/Seal: Signed: / -J?J ,20Di. PfiI- Mayor PASSED, APPROVED, ADOPTED AND SIGNED on Recommended: ~fk City Manag r p,e'J James L. Dougherty, Jr. Approved as to legal form: U ;?/~ City Attorney forms/ORD 54 0 calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 December 13, 2007 Honorable Mayor & Members of the City Council City of West University place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to OLD STOCK HOUSING 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. Scope of Proposal. Under the existing definition of "old stock housing," housing does not qualify if it: (i) had more than 1,700 square feet of gross floor area when built, (ii) is less than 40 years old, or (iii) currently has more than 3,400 square feet of gross floor area. This proposal would: (a) eliminate the 1,700-square-foot original size restriction, (b) change the "rolling" 40-year age test to a date certain (pre- 1980), and (c) change the size restriction from 3,400 square feet to "200% of the gross floor area of all the buildings on the site when the principal building was built." Changing this definition would affect three provisions in the zoning ordinance and other building-related ordinances (see Section 18-20 of the Code of Ordinances). The proposal includes conforming amendments to those provisions and Section 18-20. The principal purpose is to expand the definition to encourage the preservation and renovation of old stock housing. Amendment relating to definition of "old stock housing" (alternate version) 12-13-07 Amend the definition of "old stock housing" in the Zoning Ordinance as follows: Old stock housing. One or more buildings on a SFD site meeting all the following criteria. at any given time: (i) the principal building was built before 1980. more thall 40 years previously with a gross floor area of 1,700 square feet or less, and (ii) the gross floor area of all buildings on the site (at the given time) does not currently exceed 3,400 square feet exceed 200% of the gross floor area of all the buildings on the site when the principal building was built. Amend Note 6 of Table 7-3 in the Zoning Ordinance as follows: Note 6. Old Stock Housing. The ZBA may issue a special exception to reduce the open area requirement in the rear yard, if the ZBA determines: (i) the reduction is reasonably necessary to preserve or protect old stock housing; as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings on the site. that does not exceed 200% of the gross floor area of all the buildings on the site when the principal building was built. before 1980). of 3,400 square feet);-and (ii) there will be no substantial adverse impact upon nearby propelties. Amend Note 13 of Table 7-6 in the Zoning Ordinance as follows: Note 13. Old Stock Housing. The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the ZBA determines: (i) the projection is reasonably necessary to preserve or protect old stock housing; as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings on the site. that does not exceed 200% of the gross floor area of all the buildings on the site when the principal building was built. before 1980), of 3,400 square feet); and (ii) there will be no substantial adverse impact upon nearby properties. Amend Section 11-104 of the Zoning Ordinance as follows: Section 11-104. Variances for old stock housing. The ZBA may consider protection or preservation of old stock housing as a factor in determining whether the "hardship" test for a variance is met, either for such housing as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings, of 3,100 square feet). Amend paragraph (1) of subsection (d) of Section 18-20 of the Code of Ordinances as follows: (d) Permissive factors. In considering a variance, the BSe may take the following into account: (1) Whether the variance will assist in the protection or preservation of historic structures or in the protection or preservation of old stock housing (as such housing then exists or as it may be proposed to be remodeled or expanded}., up to a total gross floor area, for all buildings, of 3,400 square feet). *" '" 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 proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) 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 vote on approval of this report was qS~AkhpdL follows: Commissioners BfDltOJ Dun.t.ll1l McJ'vbn\6, EI Vw..HzJyeh1t )eJ/.lrl<~ -\1etea "aye i II no "noes i 1/ nu one.. ) absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS c---~ .~G~ By: (" For the Commission 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 set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , 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 proposal(s) to amend the City's Zoning Ordinance, as follows: Old Stock Housing. Under the existing definition of "old stock housing," housing does not qualify if it: (i) had more than 1,700 square feet of gross floor area when built, (ii) is less than 40 years old, or (iii) currently has more than 3,400 square feet of gross floor area. This proposal would: (a) eliminate the 1,700-square-foot original-size restriction, (b) change the "rolling" 40-year age test to a date certain (pre-1980), and (c) change the size restriction from 3,400 square feet to "200% of the gross floor area of all the buildings on the site when the principal building was built." Changing this definition would affect three provisions in the zoning ordinance and other building-related ordinances (see Section 18-20 of the Code of Ordinances). The proposal includes conforming amendments to those provisions and Section 18-20. Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current zoning Ordinance. Date: /s/ Gayle Schultz, Assistant City Secretary