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Home My WebLink AboutORD 1872 Old Stock Housing City of West University Place Harris County, Texas Ordinance No. 1872 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 Attest:~A;:I/_~~ City Se tary (Seal) Signed: ;l/flf/ Mayor Recommended: Approved as to legal formV /? K 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 OLD STOCK HOUSING 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. 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, as presented at the hearing, 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. proceedings After Preliminary Report. Pursuant to public notices, the zoning & Planning Commission and the City Council held a joint public hearing on February 25, 2008. 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 several witnesses commented. The Commission has considered all of this information and the Comprehensive Plan. The Commission recommends the proposal with a minor amendment. The amendment would allow old stock housing to include up to 3,400 square feet in gross floor area, or "200% of the gross floor area of all the buildings on the site when the principal building was built", whichever is greater. This amendment would allow some houses to be remodeled and still qualify, even if they were very small when built. 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, with the amendment discussed above, 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, Yehle, Stafshede, McManus and Elkowitz voted lIayelli Commissioner Duncan voted Unoil! Commissioner Clark was absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: c:;:J?i? ~ For the Commission Amendment relating to definition of "old stock housing" (alternate version) As amended, 3-13-08 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. mOrEl tHan 10 years previollsly v:ith a gross floor area of 1.700 squaw feet or le8s, and (ii) the gross floor area of all buildings on the site (at the given time) does not eurrently exceed the greater of 3,400 square feet or 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 the greater of 3,400 square feet or 200% of the gross floor area of all the buildings on the site when the principal building was built. before 1980); of 3,100 squffi"e feet); and (ii) there will be no substantial adverse impact upon nearby properties. 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 the greater of 3,400 square feet or 200% of the gross floor area of all the buildings on the site when the principal building was built. before 1980): of 3,100 squffi"e 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, of3,100 squffi"e fect). 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 ffi"ea, for all buildings, of 3,100 square feet). HOUST COMMl NEWSP AFFIDAVIT OF PU STATE OF TEXAS COUNTY OF HARRIS Personally appeared before the undersigned, a N County and State. AnQela Holman , Represe Publisher of the West Universitv Examiner, a ne County of Harris, State of Texas. Who being duly report of LeQal Notices, a true copy of which is he said newspapers in its issue(s) of the }II day of ~ day of A DI My commission expires on NOTICE OFENACTMENT OF ORDINANCE The tollowing is the caption and penalty clause of :10 ordinance linally lXlsscd and ap- proved by the City Council orlhe City of West UniversityPlnce, Texas. in rc!!.ularsession on Monday, April 28, 2008. This ordinance tnkes effect on the tenth day lolluwinl.! its publication. - CITY OF WEST UNIVERSITY PLACE, TEXAS ORDINANCE NUMBER 1869 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITV OF WEST UNIVERSITY PLACE, TEXAS REGARDING MECHANICAL EQlJTPI~ENT IN REAR VAROS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, cn:v OF WEST UNIVERSITY PLACE, TEXAS ORDINANCE NUMBER 1870 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING GARAGES IN SIDE YARDS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, CITY OF WEST UNIVERSITY PLACE. TEXAS ORDINANCE NUMBER 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. CITY OF WEST UNIVERSITY PLACE. TEXAS ORDINANCE NUMBER 1872 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. 'CITY OF WEST UNIVERSITY PLACE, TEXAS ORDINANCE NUMBER 1873 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS REGARDING DEFINITION OF STRUC- TURES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, PenaltVforVici]atiOns: Whenever int~js'. ~ode()rilla~Y ordi~an.c~ofth~. City imact is, pr~hibit~48nd. i~~a4~..or decl.ar~dto beuilla\Vfulor anoffenseorarnisdernean%.orw~~Ile'{er ill S~c1IC~deor or~ 4inftIlce. ',thed~ing.'..of~.ny a~t:is...,r~quire4~r.' the .failuretoi 4oi~ny.~~t,i.~...,.. declare4....to... ~e \l~la~vful or ~n., ~ffens~, 'alldn~.. ~p~d~S penaltyisproyided:~herefor~;th~.yi.ol~ti~n ,of any such. P~9yisioIl'. of this c:ode orallY' such ordillftIls~shall.pep\lnished:bya~1l~..N9fine shall~xc~~d~\l{o, th9\l~and4?11~rs($2,OqO.OOl f()rvi()l~ti()lls or,aUsuc~rules;o~~illances and " policeregul~tion~ that gov~l1l.. fire, safety;;zoflingorpubHc health aIld. sallitatij)n, in~ cl\l4ing d\lmpingofrefus~'llorexceed.~ve,~un4r~4Ao1Jars; ($500.00).. rorallo~h~ryiola~ tions. f\!j) penalty shall..~. great~r orJessthan t~~.. pe~~ltypr9yided.. for thesaJ11e. ora'sill1i~. la~ offense un.4er, t~e.'.I~.\l{~{)flhe.~tate."...'.Ea9h, daY~flyyi()I~li()fl.()t"thjs...C()4.e.()r()f,all~..or~i" nancecontillues shall constitute a separate.offense, /s/CiayleS9h~lti... Gayle SChultz,City Secret~rY WestUniversity Place; Texa~ May I4.2008G aay or I 'iJ. \I f\. \1 , 2008. - I ,\tlllll,/" ~~',+VlY "/l4"~~ . ':X:f'. (4;_~~:~) .",,*riD;\\.~~~~ 'I//lmt\\ LESLIE A. SYRING Notary Public. State of !exas My Commission Expires February 02, 2011