HomeMy WebLinkAboutORD 1889 Calling Joint Public Hearing for Fences Visibility and Emergency AccessCity of West University Place
Harris County, Texas
Ordinance No. 1889
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A
PROPOSAL TO AMEND THE ZONING ORDINANCE AND CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
REGARDING FENCES, VISIBILITY AND EMERGENCY ACCESS;
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 preliminary report also proposes amendments to the Code of
Ordinances of the City; 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 March 23, 2009. The hearing may be recessed and continued to
the City Council meeting set to begin at 6:30 p.m. on April 13, 2009 at the same place,
unless rescheduled. The City Manager 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.
1
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e
ASSED, AP VED, ADOATED AND SIGNED on 201) .
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w 01,0, - Signed: 22 -Y" P- Secretary ayo
Spa
mended:
AT
City Mana ` r
Approved as to legal form:
City Attorney
Prepared:
James L. Dougherty, Jr.
forms/ORD 54 o calling zoning hearing 7-06
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
February 12, 2009
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 and Code of Ordinances of the
City of West University Place, Texas ("City")
relating to FENCES, VISIBILITY AND EMERGENCY
ACCESS
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. This proposal amends Chapter 18 of the
Code of Ordinances to require "emergency portals" in fences,
walls and other obstructions. The main purpose is to allow
access to all sides of each building within the City, so that
firefighters and emergency personnel can enter the building,
place ladders, fight fires, etc. Emergency portals could be:
(i) gates or doors with key boxes allowed by the International
Fire Code, or (ii) breachable gates or fence segments (usually
wood or wrought iron). This proposal maintains some access to
utility easements where they intersect streets by requiring one
such portal in the easement area (this would most often apply at
the rear of corner lot).
Existing ordinances restrict fences, trees and other
obstructions in so-called "visibility triangles." There are two
types. The larger type (with 20-foot sides) is located where
two streets intersect. The smaller type (with five-foot sides)
is located where a driveway and a sidewalk intersect. The
restrictions for each type are different, and they are found in
different ordinances. This proposal consolidates the rules for
both types into Chapter 82 of the Code of ordinances, and it
harmonizes them. The proposal defines a new "front yard
visibility area" and restricts "fence-like hedges" in that area.
There are conforming amendments for the zoning ordinance,
including amendments of definitions and cross-references to the
new provisions in Chapters 18 and 82 of the Code of Ordinances.
The exact wording of the proposal is attached. The
Commission believes that this proposal would enhance public
safety and help protect visibility and "streetscapes" in the
City's neighborhoods.
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 Brown, Clark, Elkowitz, Frankel,
McManus,Yehle voted "aye;" no "noes;" None absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By.
For the Commission
Proposal relating to
fences, visibility and
emergency access
2-12-09
Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows:
Sec. 18-208. Ememency portals; visibility areasgtW.
(a) Generally; location. The primary purpose of this subsection is to provide access to
all sides of each building, so that firefi)zhters and emergency personnel can enter the building,
place ladders, fight fires, etc. If such access is blocked by fences, walls or other obstructions,
there must at least two emergency portals, each with a minimum width of 30 inches and they
must be located to allow access to the sides and rear of the building, as follows:
(1) Usually there must be one portal on each side of the buildin fg acing
front street line, but on corner sites, one may face the side street line.
(2) If there is a fully or partially-enclosed utility easement that intersects a
street area adjacent to the site, there must be an emergency, portal to allow
emergency access to the easement area from the street area.
(b) Allowed types of portals. An emergency portal may be either: (i) a gate or door with
a key box complying with the International Fire Code (see §506.1), or (ii) a breachable fence
segment or gate. A segment or gate is "breachable" if it is primarily made of wood or wood
substitute (not thicker than one inch, in either case) or wrought iron.
(c) Certain existing obstructions. Until May 1, 2014, it is an affirmative defense to
prosecution for lack of emergency portals that: (i) existing fences walls or other obstructions
blocked the required access on May 1, 2009, and (ii) they were not replaced or structurally
altered thereafter.
(d) Visibility areas. Fences, walls and other things are forbidden in certain visibility
areas. See Chapter 82 of this Code.
~~er-e a fenee is eenstmeted, improved of stfuetur-ally altered alang aft easement afea, a gate
with a mi * 4ig of 30 inehes ffittst be built for- ingress and egress inte the easeffient
crews:
Sec. 18-210. Masonry construction.
Masonry fences must be made of brick, vitrified clay tile, concrete tile, or monolithic reinforced
concrete, and must be built according to the following specifications:
(1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified
clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be
only of brick or monolithic reinforced concrete construction.
(2) Pilasters shall be placed on not more than 12-foot centers, or adequate steel reinforcing shall
be placed in the whole fence.
(3) Expansion joints shall be placed on not more than 24-foot centers.
(4) The fence shall have a foundation which shall rest on drilled footings sunk to approved
bearing soil. Such footings shall be not less than 12 inches in diameter, and each footing shall
have not less than four one-half-inch ties on three-foot centers. Foundation beams shall be not
less than 12 inches wide and not less than 18 inches deep with not less than four five-eighths-
inch reinforcing rods and three-eighths-inch ties, on not less than 30-inch centers.
(5)
pr Emergency portals may be required; see above.
Amend Section 82-7 of the Code of Ordinances as follows.
areas; trees, hedges. etc.
Sec. 82-7. Visibility trian *s
(a) Obstructions prohibited. Obstructions are prohibited in visibility areas as indicated in
the following table:
Area
Obstructions prohibited
]point for vertical
rne• ure ent
Driveway v_isibility~
Any part of a fence, wall.
GrQt4id level at the
triangles
plant. or other thing; above
base of the
three feet,
obstruction
Front yard visibility
Any fence-like hedge with
Ground level at the
areas
branches or foliage above four
base of the
feet and b lo«- ei t feet,
obstruction
Street visibility
triarII
Tree branches or foliage
below eight feet and any part
Nearest edge of
roadway paveunent
of any other plant above three
or dlter
feet.
(b) Conduct unlawful. It shall be unlawful for any person toLW plant, grow, construct,
install or maintain any obstruction prohibited by this section, or (ii) allow any such obstruction
on property the person owns or controls. , if thee
plant has (of pfebably will have) a height gr-eatef than difee feet above the street gutter- fiew lifie-
foliage within E* abeve a visibility tr-iatigle at a height lewef than 15 feet above the stfeet guttef
femove gfewths pt:ehibited by this seefieii, and there shall be tie liability to EAher-s fef "ing a
fiat taking stteh aetiop,
(c) Certain trees. It is an affirmative defense to prosecution for a tree in a driveway
visibility area that the tree was planted before July 1, 1992 and has no limbs or foliage below six
feet.
(d) Certain fence-like hedges. Until May 1, 2011, it is an affirmative defense to
prosecution related to a fence-like hedge that: (i) the hedge was in existence and not in
compliance with this section on the date this section became effective. and (ii) it did not become
more non-compliant after that effective date.
In Section 82-1 of the Code of Ordinances, delete the
existing definition of "visibility triangle"
and insert the following new definitions
(to be inserted in alphabetical order with the others):
Driveway visibility triangle means the area within a triangle beginning at the intersection
of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the
roadway). From the intersection point, the first side of the triangle extends five feet inward
(away from the roadway) along the edge of the driveway, the second side of the triangle extends
five feet along the edge of the sidewalk away from the driveway, and the third side is a straight
line connecting the extended ends of the first two sides. If there is no sidewalk, the building
official shall designate the probable location of a future sidewalk, which shall then be used as if
it were an existing sidewalk. A typical driveway will have two such triangles, one on each side.
The visibility triangle may include both public and private property. The building official may
prepare example diagrams showing driveway visibility triangles.
Fence-like hedge means a linear arrangement of trees, shrubs or other plants with trunks,
branches or foliage overlapping or touching within eight feet of the ground. The arrangement
can be a single or multiple line, straight or curved.
Front-yard visibility area includes the front yard of each site, except for the part within
ten feet of the inside edge of the front yard (the inside edge is sometimes referred to as the
"building line"). Normally, the front-yard visibility area is a rectangle. Example: If a front yard
is twenty feet deep, the front yard visibility area is ten feet deep. The building official may
prepare example diagrams showing front yard visibility areas.
Street visibility triangle means the area at a street corner lying within a triangular area
beginning at the intersection point of the curbs of the two streets forming the corner (which will
normally be a tangent point on a curved curbline). Sides of the triangle extend 20 feet along
each curb line (away from the intersection point, following any curves in the curb). The third
side is a straight line connecting the extended ends of such 20-foot curb-line sides. If there is no
curb on such a street, the central flow line of the gutter or ditch is used instead. The triangle may
include both public and private property. The building official may prepare example diagrams
showing street visibility triangles.
Visibility area includes a street visibility triangle, a driveway visibility triangle and front-
yard visibility area.
Visibility triangle includes a street visibility triangle and a driveway visibility triangle.
Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway
visibility triangle" and amending the definition of "visibility triangle," as follows:
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Visibility triangle. This term includes both "driveway visibility triangle" as defined ifl
this Ofdin fie° and "street visibility triangle" as defined in Chapter 82 of the Code of Ordinances.
Amend both pages of Table 7-5a of the Zoning Ordinance as follows:
ibili
Vi
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in
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ll
f
bid
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Th
f
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ter 82 of the
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.
Code of Ordinances.
Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows:
Note 8. Fences. Fences may project into front and side yards to the extent expressly required or
authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring
front fences for temporary construction purposes and to screen nonresidential uses; provisions in
PDD schedules for front fences). Also in the Code of Ordinances, there are: (i) requirements for
emeraencv portals in fences (Chanter 18) and (ii) restrictions on fences, "fence-like hedges" and
other things in visibility areas (Chapter 82). -In a QMDS low fences (3.5 feet or lower) may be
located anywhere, if made of ornamental metal or white pickets.
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 a joint
public hearing 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 . The
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 hearing is to provide an
opportunity for parties in interest and citizens to be heard in
relation to proposals to amend the City's Zoning Ordinance (and
Code of ordinances), as follows:
Fences, Visibility and Emergency Access. This proposal amends Chapter
18 of the Code of Ordinances to require "emergency portals" in fences,
walls and other obstructions. The main purpose is to allow access to
all sides of each building within the City, so that firefighters and
emergency personnel can enter the building, place ladders, fight fires,
etc. Emergency portals could be: (i) gates or doors with key boxes
allowed by the International Fire Code, or (ii) breachable gates or
fence segments (usually wood or wrought iron). This proposal maintains
some access to utility easements where they intersect streets by
requiring one such portal in the easement area (this would most often
apply at the rear of corner lot).
Existing ordinances restrict fences, trees and other obstructions
in so-called "visibility triangles." There are two types. The larger
type (with 20-foot sides) is located where two streets intersect. The
smaller type (with five-foot sides) is located where a driveway and a
sidewalk intersect. The restrictions for each type are different, and
they are found in different ordinances. This proposal consolidates the
rules for both types into Chapter 82 of the Code of ordinances, and it
harmonizes them. The proposal defines a new "front yard visibility
area" and restricts "fence-like hedges" in that area.
There are conforming amendments for the Zoning Ordinance,
including amendments of definitions and cross-references to the new
provisions in Chapters 18 and 82 of the Code of Ordinances.
Additional details on the proposals as well as the Zoning
Ordinance and Code of ordinances are all available for public
inspection in the municipal Building, 3800 University Boulevard,
Houston, Texas 77005. The proposed changes to the Zoning
Ordinance and Code of ordinances would apply generally within
the City, and any person interested in such matters should
attend the hearings. The proposals may be adopted only after
notice and hearing and would control over anything inconsistent
in the current Zoning Ordinance or Code of Ordinances.
Date: /s/City Secretary