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ORD 2010-22 - Amending Ch1 and 2 Development Code Purpose, Building Codes 02-16-2010 ORDINANCE 2010-22 AN ORDINANCE AMENDING CHAPTER 1 AND CHAPTER 2 OF THE CITY OF HUNTSVILLE, TEXAS DEVELOPMENT CODE CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE AND MAKING OTHER FINDINGS AND PROVISIONS. i i WHEREAS, the City of Huntsville is a home rule city acting under its charter adopted by the electorate pursuant to the Texas Constitution and the Local Government Code; and WHEREAS, the City of Huntsville finds it necessary to provide for regulations concerning development in the City; and WHEREAS, the City of Huntsville wishes to continually review and update the Development Code; and I WHEREAS, the Planning and Zoning Commission of the City of Huntsville at their meeting on January 7th, 2010 held a public hearing and has approved the recommended amendments; and WHEREAS, notice of the hearings was published in the Huntsville Item on December 22, 2009, January 17th, and January 31St 2010; i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS: i I. FINDINGS OF FACT All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. II. AMENDMENTS A. Subsection(1) of Section 101.2 entitled "Purpose" of Chapter 1 of the Development Code is amended to read as follows: (1) The purpose of this Code is for the protection of the health, safety and general welfare of existing and future residents of the City. B. Section 209.1, entitled "Building Codes affecting development in the City" of Chapter 2 of the Development Code is amended to read as follows: 209.1 Building codes affecting development in the City Nothing in this Code shall relieve the developer of the additional responsibility of obtaining any other permits required by the City Council in enforcing its rules and regulations. Article II of Chapter 12, Buildings and Building Regulations of the Code of Ordinances of the City of Huntsville contains the current building codes adopted by reference and all local amendments. i Page 1 of 2 i I III. REPEALER All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this " x Ordinance are hereby repealed only to the extent of any such conflict. I � IV. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences or sections of this ordinance, and the remainder of this Ordinance shall be enforced as written. V. EFFECTIVE DATE This Ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. VI. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 1 of the City of Huntsville Development Code. PASSED AND APPROVED on this the 16th day of February 2010. I i THE CITY OF HUNTSVILLE, TEXAS J. Turner, Mayor (5Leeoodward, APPROVED AS TO FORM: i I City Secretary Le and Schneider, City Attorney i Page 2 of 2 i PLANNING AND ZONING COMMISSION AGENDA ITEM DISCUSSION FORM Prepared by: Aron Kulhavy, AICP, City Planner Rose Kader, Planner SUBJECT: Development Code Changes — Purpose and Building Codes MEETING DATE: January 7, 2010 TYPE OF REVIEW: APPLICANT: Staff OWNER: NA LOCATION: NA FACTS, CODE REQUIREMENTS AND CONDITIONS At the November 19, 2009, P&Z meeting, staff informed the Commission that minor administrative changes to the Development Code would be brought forth for consideration: A. Conflict with enforcement in Chapter 1 regarding the stated purpose; and, B. Updating references to the Building Codes to reflect what has been adopted by separate ordinances). The first change changes the purpose statement to one that is more broad in scope and removes some of the direct ties to the Comprehensive Plan. Because of the recent revisions to the Comprehensive Plan, this revised statement will more accurately reflect the broad purpose of the entire Development Code. This purpose statement is an important part of the Code in which all regulations presented in the Code should strive to meet. The second change removes the direct references to Building Codes included in the Development Code. The codes referenced currently are no longer in use and the City is currently under the 2003 International Building Code, which is in conflict with those stated in the Development Code. The proposed changes would only reference the Building Codes adopted by the City in the Code of Ordinances. This change would negate the need to update the Development Code each and every time changes are made to the Building Code. Staff has provided a redline version of Section 101 .2 Purpose and Section 209.1 Building Codes Affecting Development in the City for your review and consideration_ STAFF RECOMMENDATION: As the proposed changes would update and simplify the Development Code without any negative impacts on the community, Staff recommends approval of the proposed changes. ATTACHMENTS: Redline Version of proposed changes t Proposed Development Code Changes - Redline Version 1'&ZMeeting OI-07-2010_L� )�)tlt)N 101.2 Purpose 0 ) The jAirywe or this Code is OW i"WOMHOH41 Of 40 ( %qTlJhMMVV J?W. qqYOOW 111C •Aiak ol>jccwxvN, aml dl'-re-i+i. rtpid loo the Protection of the health. safety, and general welhuv of existing and future rCSiC1CntS of the: City. 209.1 Building codes affecting development in the City Nothing in this C'eode shall relieve the developer of Me additional responsibility ofolitaining ant other permits required by the City Council in enforcing its ruts and regulations. I hc ( w !*i-il4,-,�A-4"---t4t-)ti+iiiev,;,+ehiaI w, hudliq mhl ctm,nnown i,cc i lmt"n, flic latc"l addowfl, iifld Chamm 12. 1 Building RegJawn, & the GKO OC t 41111alki-, id 111W conWn the curivni hutkhnQ mk, lkh-- A h, in,1 �dl lo,,il I S R(J'): i-2 l- Vht­��tiH+di ii1d 14, tA­,i i I o,i" 14(-4 4�,he sqi+w4i+Kl­ OiittfintG Oo (SlW(',: E44 The ptF04!Htle. 15) The SI'mW1 NkThww"d (Ado t SHO h-1 I I w `Stand ud ( 0, (Ado i SH( 1: Vlmnbill-! (A dc' I C ode' I i'tf I�t I I=i P i( \".,k wi'I It I I +N 01 pity-S1 a if-liif"i j-flit- I'I:(,,\C W 1,It 1 1,lc. i-"�j 4 Dev. Code legal notice - 'att.net Mail' Dev. Code legal notice Page 1 of 1 Wednesday, February 17, 2010 2:37 PM am: "Lee Woodward" <LWoodward©huntsvilletx.gov> To: "nina hansen" <nina2hansen@yahoo.com> Cc: "Kristin Edwards" <KEdwards@huntsviiletx.gov>, "Rose Kader" <RKader@huntsvilletx.gov>, "Carrie Wells" <CWells@huntsvilletx.gov>, "Aron Kulhavy" <akul havy@huntsvilletx.gov> Nina — I believe Rose is out of town today, but if for some reason you have already been given notification of running this legal notice, could you please let me know? Need it to run twice in ten days. Here's the wording: AN ORDINANCE AMENDING CHAPTER 1 AND CHAPTER 2 OF THE CITY OF HUNTSVILLE, TEXAS DEVELOPMENT CODE CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE AND MAKING OTHER FINDINGS AND PROVISIONS. Approved by Huntsville City Council on Feb. 16, 2010. Lee Woodward, City Secretary Thanks!! Lee Woodward City Secretary City of Huntsville 936-291-5403 Iwoodward@huntsvilletx.gov 1212 Avenue M Huntsville, TX 77340 The material in this e-mail is intended only for the use of the individual to whom it is addressed and may contain information that is confidential, privileged, and exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized review, use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this e-mail in error, please notify the sender by return email and destroy all electronic and paper copies of the original message and any attachments immediately. Please note that neither City of Huntsville nor the sender accepts any responsibility for viruses and it is your responsibility to scan attachments (if any). Thank you. [v.1.e] .AO http://us.mc817.mail.yahoo.com/mc/showMessage?sMid=O&filterBy=&.rand=195752094... 2/17/2010 PUBLISHER'S AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS, County of Walker I, Dennis Garrison, of the aforsaid County and State, do solemnly swear that I am publisher of The Huntsville Item, a daily newspaper of general circulation which has been continuously and regularly published at Huntsville, Walker County, Texas, and is a legal newspaper and the attached notice was published in said newspaper. City of Huntsville 2 consecutive/subsquent dates previous to the return day therof to wit: On 21 -Feb 2010 On 24 -Feb 2010 On 2010 On 2010 On 2010 On 2010 A° a.---. O Publisher Subscribed and sworn to this 24th (Seal) day of Feb 2010 otez„ 0,4_02-7,--, Notary Public, Walker County, Texas NINA HANSEN My Commission Expires January 27, 2013 0 OO)a,pCDw.rOn�m— V co 0 0 7 a, CDD a) O C :p cn(0om=0w o z w(oo v c� m.Q-o w o (n3 O?<oa omo.m _11) 0�� am COCO / C VJ CD N C10 X1. 0� (D 2 to fn N 0.:. N. N"f�p� m Cy:_. G. G - :a V�m e S m 0.< m.0 0 X 3 0 wN Qc oo �. s. - — 0 CD 1 Cn -711 m v ) cr 0 N • 0 =.-^ fl o o c0 Oro H N K 0-4,4 OO' c c0 0 0 N O: 0 < g A) 0 0 0-0 0 0 0 0 Ol .0.. A) m- 3 o o_ o a3---(°°-353 c 3- _3 CD ) 0 (D m, 0, N —i 0 .O NV N m CD (0 -0 * CD . O ,0.0_0 Qy.4 .N_.cD 0 Iv. 0 —0 ) .�mOm=y -'� 0�o 0n—)00a,0(n. ).7 c0 O C O QN 7 co n, cc?-, 00 O m sN •Orµ � N cri 5O_co Qco b,_-, 7 a Oram] 0-# m CD 0-C1 m 53 _O O 0 _0 (D 0 0 ��..`G. C S N U) N K 0 0 D W D 0 O ) NO_ F Q_ W. Q1 Z Q7.OO 000 - Ca 0012' L N N 0 cp O 0 W V 0 0 ,< <— 0 3 O S 3 -11-0 < 0 -P.ik (7 .m W= 0 to m O W i 1.ti o 9 Q0 � Co it. y 3 y m =w �(n o (o(n ) E K3 cD . W N0., A) NO O Er, a) . W( NO rn m -O 0 p* y 0 0 0 0 — 0.0 0 O --.0 0 - SCI) *. N )C)a3m,mf7C-- �cnm—�w'mo� 'o O c0 p (n a O Nwor5°-NCOVmoOmmmoo—I5 -<w i0�om�N. NO om S.moT: 0.GNt<-.nNv= PUBLISHER'S AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS, County of Walker I, Dennis Garrison, of the aforsaid County and State, do solemnly swear that I am publisher of The Huntsville Item, a daily newspaper of general circulation which has been continuously and regularly published at Huntsville, Walker County, Texas, and is a legal newspaper and the attached notice was published in said newspaper. City of Huntsville 1 consecutive/subsquent dates previous to the return day therof to wit: On 31 -Jan 2010 On 2010 On 2010 On 2010 On 2010 On 2010 Subscribed and sworn to this 1st day of (Seal) February 2010 Notary Public, Walker County, Texas NINA HANSEN My Commission Expires January 27, 2013 Legal Ad - Public Hearing Notice - Development Code - 'att.net Mail' AIEIOOF MAIL Classic Legal Ad - Public Hearing Notice - Development Code om: "Rose Kader" <RKader@huntsvilletx.gov> To: "nine hansen" <nina2hansen©yahoo.com>, "Lee Woodward" < LW oodwa rd @ h u ntsvi l i etx. gov> Cc: "Kristin Edwards" <KEdwards@huntsvilletx.gov>, "Frances Hurd" <FHurd@huntsvilletx.gov> 1 File (23KB) purpose ... Page 1 of 1 Tuesday, January 26, 2010 4:05 PM Nina: See attached Legal Add (public hearing for 2-16-2010) to be published on Sunday, January 31, 2010 in the Item. Please let me know that you received this. Invoice the City. Lee/Kristin: FYI for Affidavit of Publication. Also, this is the public hearing notice for the second reading for this. Frances: FYI for invoice. Thanks all! Rose Rose Kader Planner City of Huntsville 448 State Highway 75 North Huntsville, TX 77320 936-294-5782 (o) 936-294-5795 (f) The material in this e-mail is intended only for the use of the individual to whom it is addressed and may contain information that is confidential, privileged, and exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized review, use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this e-mail in error, please notify the sender by return email and destroy all electronic and paper copies of the original message and any attachments immediately. Please note that neither City of Huntsville nor the sender accepts any responsibility for viruses and it is your responsibility to scan attachments (if any). Thank you. [v.1.eJ http://us.mc817.mail.yahoo.com/mc/showMessage?sMid=1 &filterBy=&.rand=114191328... 1/26/2010 PUBLIC HEARING On February 16, 2010 at 6:OOPM, the Huntsville City Council will hold a public hearing in the Council Chambers at City Hall located at 1212 Avenue M, Huntsville, Texas, 77340 to consider amendments to the City of Huntsville Development Code: • Chapter 1 Section 101.2 Purpose • Chapter 2 Section 209.1 Building codes affecting development in the City You are hereby notified in accordance with the City of Huntsville Development Code, the Council plans to take action on this matter. The written documents may be examined and written comments will be accepted during normal business hours in the office of the Planning Division located at the City Service Center, 448 State Highway 75 North, Huntsville, TX 77320 or you may call Rose Kader 936-294-5782. THE HUNTSVILLE ITEM 3D UNDAY, JANUARY 31, 2010 CD CD 0) LP = Lei 0) PUBLIC HEARING LEGAL NOTICE N N 5 0 cyr p F 2 -� o N LO-. c -co °' o 6 d U 'cis" O co > O 7 5 .6• 43>Xp CLCO 2 ...,,,:.6„52 „T, N r >. N O 0 - 245 c C L -c0�-'0 00-- (0.= 2 c OU 'V 'V �,r02=