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Home My WebLink AboutORD 1863 Joint Public Hearing for Definitions of Structures City of West University Place Harris County, Texas Ordinance No. 1863 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DEFINITION OF STRUCTURES; 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 fi.h. ,95. ;;2no'ir' . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on (rIM>.Pjf /O.~ at the same place, unless rescheduled. The City Manger may reschedule eithe'r 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. PASSED, APPROVED, ADOPTED AND SIGNED on f- J.- 8 . Attest/Seal: Signed: 13~((~ Recommended: ~~~ City Manage P,epa"d \ ~ "- ~lAfi J~ James L. Dougherty, Jr. Approved as to legal form: ~ /? P-~ . City Attorney forms/ORD 54 0 calling zoning hearing 7-06 ,20mL. Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 January 10, 2008 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 DEFINITION OF STRUCTURES 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. In the current ordinance, certain functional criteria define "structure" (e.g., something not portable, usually left in one place, fixed to the ground, etc.) The proposal adds a specific category to this definition: "A canopy or similar object designed or used to shelter a motor vehicle, a boat or similarly-sized items. ., regardless of whether it is readily portable, frequently moved or unattached." The proposal also specifies that any such objects will lose "PNC status" (prior non-conforming status) after October 1, 2008. The principal purpose is to regulate awnings, canopies and similar objects that can resemble carports (and provide a reasonable period of time for existing objects to be brought into conformance) . 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 as, follows: Commissioners i3t'o-.;n, 1'.l1J.YK.,uuntu1, E./I<D'"d'z/1CMOJJ/ls)5/QMd:-i'f'hv'6ted ~aye;" no ~noes;" NO ONE absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: c----9uC; -.~ For the Commission < Amendment relating to definition of "structures" As recommended by ZPC, 1-10-08 Amend the definition of "structure" as follows: Structure. Anything made by humans which: (i) is not readily portable; (ii) is usually left in one location for an indefinite period of time; or (iii) requires either permanent or fixed location on or in the ground or attachment to something having a permanent or fixed location on or in the ground for its use. Examples of structures, which do not limit this definition, are: sculptures; lampposts; sidewalks; driveways; playground equipment and facilities; buildings; flagpoles; antennas and pools. A canopy or similar obiect designed or used to shelter a motor vehicle. a boat or similarly-sized items is deemed to be a structure. regardless of whether it is readily portable. frequently moved or unattached. Amend the chart in Section 12-103, subsection (h), by adding the following as the last row: Nonconformance with building Time period ending on October regulations by a canopy or 1, 2008. similar obiect designed or used to shelter a motor yehicle. a boat or similarly-sized items. [Note: Under this amendment, the described objects lose "PNC status" (prior non- conforming status) after October 1, 2008J 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: Definition of Structures. In the current ordinance, certain functional criteria define "structure" (e.g., something not portable, usually left in one place, fixed to the ground, etc.) The proposal adds a specific category to this definition: "A canopy or similar object designed or used to shelter a motor vehicle, a boat or similarly-sized items . , regardless of whether it is readily portable, frequently moved or unattached." The proposal also specifies that any such objects will lose "PNC status" (prior non-conforming status) after October 1, 2008. Additional details on the proposa1(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