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HomeMy WebLinkAboutORD 1871 Buildings in Rear Yards City of West University Place Harris County, Texas Ordinance No. 1871 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING BUILDINGS IN REAR YARDS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last re-formatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001 and as subsequently amended ("Zoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC and now formally approves and adopts that report; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the Z&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a 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 Texas Open Meetings Act, as amended, and that each 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. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED AND APPROVED on first reading on April 14. 2008. Councilmembers Voting Aye: Kelly, Cohen, Fry, Guffey, Talianchich Councilmembers Voting No: None Councilmembers Absent: None CONSIDERED, PASSED AND APPROVED on second reading, AND SIGNED, on April 28. 2008. Councilmembers Voting Aye: KELLY, COHEN, GUFFEY, TALlANCHICH Councilmembers Voting No: NONE Councilmembers Absent: FRY Recommended: g~ft/ rvFi(yor Auest:CitY fZ~~ 1,!t-,4 Signed: j'tYM Prepared by: . James L. Dougherty, Jr. Approved as to legal form: 0---- ~ ~~ City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 March 13, 2008 Honorable Mayor & Members of the City Council City of West University Place 3 8 08 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to BUILDINGS IN REAR YARDS To the Honorable Mayor & Members of City Council: The zoning & Planning Commission of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. Note 3 of Table 7-6 of the current zoning ordinance allows some building space (e.g., accessory buildings, garage space) to "project" into a rear yard. This proposal would revise Note 3 to provide that certain openings may be "translucent (but not transparent)." It would also eliminate a reference to "skylights. " The principal purpose is to clarify Note 3. proceedings After preliminary Report. Pursuant to public notices, the Zoning & Planning Commission and the City Council held a joint public hearing on February 25, 2 008. The hearing provided an opportunity for parties in interest and citizens to be heard in relation to the proposal. At the hearing, City staff explained the proposal, and at least one witness commented. The Commission has considered all of this information and the Comprehensive Plan. The Commission recommends no amendments to the proposal. Recommendation. Based on the review given this proposal, the Commission: (i) finds that the proposal would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal, as shown in the attachment to this report. The Vote. This report was authorized by the Commission at its meeting held on the date of this report. The vote was as follows: Commissioners Brown, Duncan, Stafshede, McManus and Elkowitz voted nayen i no II noes II i Conunissioners Clark and Yehle absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~ For the Commission Amendment relating to buildings in rear yard (Table 7-6) 12-13-2007 Amend Note 3 of Table 7-6 as follows: Note 3. Buildings In Rear Yard or SF Bufferyard. A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria: (a) No part of it the building may be closer than five feet to the rear property line (or to any SF District, if in a SF Bufferyard). (b) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), it may have no window, door or other opening above the ground floor (and facing the property line of the other building site), except for opaque translucent (but not transparent), non-operable openings or skylights. (c) Space in any projecting building may only be used for single- family (detached) use. (d) A principal building may not project unless the ground floor of the projecting part is at least 51 % garage space, and there is no more than 600 square feet of building space, other than garage space, in the projecting part. See garage restrictions in Article 10. NOTICE OF ENACTMENT OF ORDINANCE Tli~ following is the cnpliun and p~n[jlt~ clause ~f 1lll, ordimll1ce filially pJs:;td ,nn~ ~p. proved by the City Council orthe City otWest Umvers,l!Y Place, Tcxa$, 10 rc~uln~ 5.e~SI?n on Monday, April 28, 2U08. This ordinance takes eftcct on the tenth day following I!s publication. HOUST COMMI. NEWSP AFFIDAVIT OF PU STATE Of TEXAS COUNTY OF HARRIS Personally appeared before the undersigned, a N County and State. Anaela Holman publisher of the West Universitv Examiner, a ne County of Harris, State of Texas. Who being duly report of Leaal Notices, a true copy of which is said newspapers in its issue(s) of the JLI day of ~ day of OJ aay or I \I \( J\. \/ ,2008. - f My commission expires on 1\'2 \. U ~~~\\IV~""" ':-".:.~';, f\~~:~) ~~;;Of\""t~$ "'/lU"\\' LESLIE A. SYRING Notary Public, State of :exas My CommissIon ExpIres February 02, 2011