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HomeMy WebLinkAbout05082008 ZPC Minutes (LMN) City of West University Place A Neighborhood City ® Recycled Paper ZONING & PLANNING COMMISSION BILL WATSON CONFERENCE ROOM 3800 UNIVERSITY BLVD MEETING MINUTES May 8, 2008 MEMBERS PRESENT: Steve Brown, Selby Clark, Patric Stafshede, Dick Yehle, Mac McManus, Allan Elkowitz and Janet Duncan. MEMBERS ABSENT: none COUNCIL: none STAFF PRESENT: Debbie Scarcella, City Planner; Sallye Clark, Planning Assistant and James Dougherty, City Legal Counsel Call to Order - With quorum present at 6:20 p.m., Steve Brown called the meeting to order. 1. Minutes. April 10, 2008: Mac McManus made a motion to approve as amended. Dick Yehle seconded. Ayes: Steve Brown, Selby Clark, Patric Stafshede, Dick Yehle, Mac Noes: none. Abstain: Janet Duncan and Allan Elkowitz. Motion passed. Minutes approved. 2. Miscellaneous Amendments/Updates. Steve Brown stated that all five amendments (Mechanical Equipment, Garages in Side Yards, Buildings in Rear Yards, Old Stock Housing and Structures) passed the first and second readings on April 14 and April 28 unanimously and will be published May 14, 2008 and will be in effect ten days after. Driveways and Parking; Garages and Maneuvering Area: After discussion, ZPC requested that Jim Dougherty make the corrections to the vote on both of the items and then Steve Brown will sign the amendments and request that staff forward them on to City Council. 3. Variances and special exceptions. Debbie Scarcella, City Planner and Jim Dougherty stated that the amendments were forwarded to Zoning Board of Adjustment members and they appreciated that ZPC was keeping them informed and that there were no other comments in reference to these items. After discussion of both amendments ZPC requested that Staff revise the Special Exceptions for work under permit, dated May 8, 2008 and bring back to next month's meeting. There were no revisions requested for the amendment relating to Variances, etc, dated May 8, 2008. 3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning & Planning Commission Minutes May 8, 2008 Meeting Page 2 of 2 4. Excavations and Underground Structures. Debbie Scarcella gave a brief overview that there have been several requests for building basements and wanted to bring up this item for discussion to look at requirements for excavations. BSC will also have this item on their agenda for June. After discussion, ZPC requested that Debbie Scarcella prepare a list that identifies the key issues, suggest assignment of each to the BSC or the ZPC and points to those sections of the existing city code that can provide background or may need to be changed. ZPC also requested that this item be put back on next month's agenda. Adjournment. Mac McManus made a motion to adjourn. Patric Stafshede seconded. Ayes: Steve Brown, Selby Clark, Patric Stafshede, Dick Yehle, Mac McManus, Allan Elkowitz and Janet Duncan. Noes: none. Motion passed. Meeting adjourned at 8:21 p.m. Attachments: Amendment relating to Special Exceptions, etc, dated 05-08-2008 Amendment relating to Variances, dated 05-08-2008 PASSED THIS DAY, OF , 2008. C~~n, 4 Steve Brown, Presiding Officer 0 AT T: allye A. Clark, lanning Assistant City of West University Place r ~i se✓ Harris County, Texas ~.~V Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A bda PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING SPECIAL EXCEPTIONS FOR WORK UNDER PERMIT; 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 . 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, unless rescheduled. The City Manger 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. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 AttesVSeal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney 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 May 8, 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 SPECIAL EXCEPTIONS FOR WORK UNDER PERMIT 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. Under the current zoning ordinance, a structure can acquire prior-non-conforming status (PNC status) if it is "constructed or established in conformance with the zoning ordinance." On the other hand, if a structure violates the ordinance "when built," it usually cannot obtain PNC status, even if the violation is minor or temporary. Example: Because of a mistake in roof pitch, a new house gets built with a roof ridge that violates the maximum height limit by 12 inches. The mistake is not discovered until the house is almost completed. Sometimes, owners try to obtain relief for "when-built" violations by seeking variances. State zoning law makes this very difficult---even impossible. The law requires both "special conditions" and an "unnecessary hardship" to support the granting of any variance. A "personal" or "self-created" condition usually does not count. In a 2006 variance case (called City of Dallas v. Vanesko), the Texas Supreme Court ruled that building a house in violation of a height limit was a "personal" or "self-created" condition that could not support the granting of a variance. (Note: In a companion report, the Commission is recommending that the City recognize this Supreme Court ruling by amending the ordinance section on variances.) This proposed amendment would allow the zoning board of adjustment to grant relief for an item built in violation of the ordinance, but only if certain circumstances are present, including all of the following: (1) the violation must have been shown in plans and specifications submitted to the City; (2) neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the violation; (3) the violation was covered by a City permit; (4) the owner promptly and voluntarily halted the non- conforming work and conferred with City staff, upon / learning about the violation; (5) granting relief will not cause a health or safety hazard, or any significant impact upon another person or property; (6) the violation can be cured (by bringing it into conformance with the ordinance) within a set t' period. cucr~ ~P~ If all these circumstances are present, the board could issue a special exception granting PNC status for the item built in violation of the ordinance. The special exception would have to specify a time period within which the item would have to be brought into conformance with the ordinance. Such a special exception could also require reduction of the violation, mitigation, etc. Normal PNC rules would also apply. They require that non-conforming items be brought into compliance when certain events occur, e.g., when a new house is built. This proposal would provide some flexibility for dealing with inadvertent violations of the zoning ordinance, but only if all the listed circumstances are present. Perhaps the most important circumstance is that the violation may not have a significant impact upon others. The proposal would also require that the violation be cured within a set time period, so it would have to be temporary to win approval from the board. 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 voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Amendment relating to special exceptions for work under permit Draft 5-8-08 Add a new Section 12-106, as follows: Section 12-106. Special Exception, Certain Work Under Permit. (a) Generally. The ZBA may issue a special exception to jzrant PNC status for a structural item that did not conform to this ordinance when it was constructed or established if the ZBA finds: (i) the non-conformance was clearly and specifically shown in plans and specifications duly submitted to obtain a City permit; (ii) before the work was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the non-compliance; (iii) the non-conformance was clearly covered by the City permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued; (iv) after learning of the non-conformance, the owner promptly and voluntarily halted the non-conforming work and conferred with the administrative official; (v) the item will cause no health or safety hazard and no significant impact upon another person or property; and (vi) the item can be brought into conformance with this ordinance within the time period specified in the special exception. (b) Time to comply; conditions. No such special exception is effective unless it specifies a time period within which the item must be brought into conformance with this ordinance. Upon expiration of that time period, PNC status granted by the special exception is lost. Any such special exception may contain conditions designed to: (i) reduce non-conformance, (ii) mitigate (or compensate for) the effects of non-conformance, (iii) achieve conformance sooner than the specified time period, or (iv) any combination of the foregoing. (c) Scope of exception. For good cause shown, such a special exception may allow completion, minor modification and occupancy of the structural item without losing PNC status. 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: Special Exceptions For Work Under Permit. This proposal would allow the zoning board of adjustment to issue a special exception granting prior non-conforming status for items built in violation of the zoning ordinance, but only if certain circumstances are present, including all of the following: (1) the violation must have been shown in plans and specifications submitted to the City; (2) neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the violation; (3) the violation was covered by a City permit; (4) the owner promptly and voluntarily halted the non- conforming work and conferred with City staff, upon learning about the violation; (5) granting relief will not cause a health or safety hazard, or any significant impact upon another person or property; (6) the violation can be cured (by bringing it into conformance with the ordinance) within a set time period. [Insert others] Additional details on the proposal(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/City Secretary 41 • City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING VARIANCE LIMITATIONS; 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 . 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, unless rescheduled. The City Manger 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. 0 r 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 , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney 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 May 8, 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 VARIANCE LIMITATIONS 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. Sometimes, owners try to obtain variances for structures built in violation of a zoning ordinance. State zoning law makes this very difficult---even impossible. The law requires both "special conditions" and an "unnecessary hardship" to support the granting of any variance. A "personal" or "self-created" condition usually does not count. In a 2006 variance case (called City of Dallas v. Vanesko), the Texas Supreme Court ruled that building a house in violation of a height limit was a "personal" or "self-created" condition that could not support the granting of a variance. In part, the Supreme Court relied upon language limiting variances in the Dallas zoning ordinance. This proposal would recognize the Supreme Court's ruling by putting similar language into the City's zoning ordinance. The new language would be as follows: A "special condition" or "hardship" that is self- created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. This language reflects the traditional approach taken by the zoning board of adjustment in this City. The proposal would also clarify that the applicant carries the burden of proof when seeking a variance (or special exception). This, too, reflects actual practice at zoning board of adjustment hearings. 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 voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Amendment relating to variances, etc. Draft 5-8-08 Amend Section 11-102 as follows: Section 11-102. Findings; burden of proof. (a) Variances. The ZBA may not issue or modify a variance unless all of the following circumstances are present: (1) The ZBA has made all findings and determinations required by state law for the granting of a variance. A "special condition" or "hardship" that is self- created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. (2) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance which relates to the variance. (3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the variance in question. (b) Special exceptions. The ZBA may not issue or modify a special exception unless all of the following circumstances are present: (1) The ZBA has determined that the proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of this ordinance. (3) If the proposed special exception involves a bar, the ZBA has found that the applicant has clearly demonstrated that there is a readiness, willingness and ability to comply with all applicable laws, rules, regulations and ordinances relating to alcoholic beverages. (4) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance. (5) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the special exception in question. (c) Burden of proof The applicant has the burden of presenting evidence to the ZBA and persuading the ZBA that: (1) each circumstance required for a variance or special exception is present; and (2) each required finding and determination is supported by substantial evidence. 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: Variance Limitations. This proposal would limit variances by adding the following language: "A `special condition" or `hardship' that is self-created, personal or based only on financial reasons is not sufficient to support the issuance of a variance." The proposal would also clarify that the applicant carries the burden of proof when seeking a variance (or special exception). [Insert others] Additional details on the proposal(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/City Secretary