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HomeMy WebLinkAbout09142006 ZPC Minutes 0 City of West University Place A Neighborhood City ® Recycled Paper ZONING & PLANNING COMMISSION BILL WATSON CONFERENCE ROOM 3800 UNIVERSITY BOULEVARD MEETING MINUTES September 14, 2006 MEMBERS PRESENT: Steve Brown, Beth Beloff, Michael Silver, Les Albin, Bob Inaba and Mac McManus (arrived at 6:25 p.m. during agenda item 2) COUNCIL: none MEMBERS ABSENT: Jeffrey Horowitz STAFF PRESENT: Chris Peifer, Public Works Director/ACM, Debbie Scarcella, Chief Building Official, Sallye A. Clark, Planning Assistant and James Dougherty, City Legal Counsel Call to Order - With quorum present at 6:00 p.m., Steve Brown called the meeting to order. 1. Minutes. July 13, 2006: Les Albin made a motion to approve the minutes as written. Michael Silver seconded. Ayes: Steve Brown, Beth Beloff, Michael Silver, Les Albin and Bob Inaba: none. Motion passed. Minutes approved. 2. Town Center and Commercial Areas; PDD's. Beth Beloff gave background and history of design guidance. In 12-5-2004 Potential Objectives were created (see attached document). It was suggested that the design criteria, objectives and sketches be forwarded with the amendment. The Resolution by the ZPC relating to QPEDS was discussed. James Dougherty, City Legal Counsel handed out a revision that he made to number seven, Landscaping, of the resolution document. There was also discussion of a possible charette to take place in the future to get citizen input. After continued discussion, ZPC requested that James Dougherty, City Legal Counsel recast the amendments to require pedestrian oriented features, but allow the older, suburban type development with special permission. Jim will revise the resolution by removing the "Whereas's" and redraft the amendment with a different approach. Steve Brown requested that any documents that need to go into next month's packets be forwarded to Sallye within a reasonable time. 3. Framed Area and Related Regulations; Amendments. Steve Brown asked if there were any comments from commission members on Front Porches and Buildings in Rear Yards. Sallye Clark, Planning Assistant informed ZPC that Steve Ralls, Fire Chief would be forwarding his comments to them on Buildings in Rear Yards. 3800 University Boulevard • West University Place, Texas 77005-2899 0 7130668441 0 www.westu.org Zoning & Planning Commission Minutes September 14, 2006 Meeting Page 2 of 2 James Dougherty, City Legal Counsel stated that the last comments that were made by Chief Ralls indicated that if you have a breezeway that he would want fire blocking and that it is required by the Fire code. ZPC requested that staff move forward to have Front Porch and Buildings in Rear Yard amendments put on City Council's agenda to request for a Joint Public Hearing. James Dougherty, City Legal Counsel went over both versions of the amendments to "add plate height" limit dated 5-4-2006. The first one adds detail about roof surfaces, dormers and gables. The alternate version uses a sloped height limit and greater architectural freedom. Chris Peifer, Public Works Director/ACM, informed ZPC that he met with Jonathan Smulian a Senior Associate, Director of Planning at Wallace, Roberts and Todd, LLC, about Framed Area and should have input from him by next month's ZPC meeting. It was a consensus that this item would be put on hold until ZPC gets the comments from the consultant. Lot Area vs. Framed area and old stock housing was postponed and not discussed at this time. 4. Flood Protection and Prevention Ordinance. Debbie Scarcella let ZPC know that BSC is waiting on a draft report from her that they can look at and take to City Council. Steve Brown, Chairman discussed with ZPC the items that they need to cover in reference to this ordinance amendment and are as follows: Site grade raising and drainage. Steve requested that ZPC read Section 18-56 before the next ZPC meeting to discuss further. The discussion would be about limiting grade-raising and looking at net fill. It was a consensus of ZPC that the Building Height limit would stay as is at 35 feet. 5. Topics for review for 2006 - 2007. No discussion took place for this agenda item unless it was addressed under agenda items two or three. 6. Environmental and "Green" Development. Bob Inaba, after consulting with the USGBC stated that it was difficult for a local government entity to be LEED certified. It is targeted towards larger private developments. After discussion, it was a consensus of the ZPC that this item should be forwarded to BSC. Michael Silver left at 8:16 p.m. during agenda item 6 and a quorum was still present. Adjournment. Les Albin made a motion to adjourn. Mac McManus seconded. Ayes: Bob Inaba, Les Albin, Steve Brown, Beth Beloff, and Mac McManus. Noes: none. Motion passed. Meeting adjourned at 8:20 p.m. Attachments: Preliminary report and Amendment to provide for "Qualified Pedestrian-Enhancement Developments" or "QPED's" dated 9-14-2006 Resolution by the ZPC relating to QPEDS with Subcommittee and Inserts by JLD, dated 9-11-2006 #7 Landscaping revision handed out at meeting by JLD to resolution Qualified Pedestrian -Enhanced Development Drawing by Bob Inaba City Center Redevelopment Options dated 7-14-2005 Zoning & Planning Commission Minutes September 14, 2006 Meeting Page 3 of 3 Potential Objectives for Town Center, revised 12-5-2004 handed out by Beth Beloff at the meeting Preliminary report and Amendment relating to front porch height dated 7-13-2006 Preliminary report and Amendment relating to buildings in rear yard (Table 7-6) dated 7- 13-2006 Amendment to add, "plate height" limit dated 5-4-06 (adds detail about roof surfaces, dormers and gables) Amendment to add, "plate height" limit dated 5-4-06 (alternate version using sloped height limit) Figure HRD Sloped Height limit in Residential Districts Scale Based Zoning Study by Bill May dated April 2001 Lot Area vs. Framed Area handed out by Les Albin at 4-8-04 ZPC meeting Chapter 18, Section 18-56 Site Drainage; drainage plans, West University Place Municipal Code PASSED THIS DAY, OF , 2006. Steve Brown, Presiding Officer ATT T: 0- Sallye'A. Clarg Planning Assistant Attachment to 9-14-2006 ZPC minutes r~. 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 QUALIFIED PEDESTRIAN-ENHANCED DEVELOPMENTS; 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 Attachment to 9-14-2006 ZPC minutes 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 Attest/Seal: Signed: City Secretary Mayor Attachment to 9-14-2006 ZPC minutes Recommended: Prepared: City Manager Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Attachment to 9-14-2006 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 September 14, 2006 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 qualified pedestrian-enhanced developments ("QPED's") 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. The proposal would add provisions to the Zoning Ordinance for QPED's in the Commercial District of the City. The proposal includes definitions, platting and application criteria and provisions for special use permits for QPED's. (Existing provisions for PDD's, which are similar to special use permits, would be combined with the provisions for special use permits in a new Section 14-103.) A special use permit could allow the following for a QPED: (i) reduced and shared off-street parking; (ii) reduced or zero- width front yards, if necessary to allow a building to connect to a sidewalk; and (iii) reduced or relocated landscaping strips and provisions for qualified trees. A permit must include findings and may include conditions. The principal purpose of the amendment is to stimulate creative approaches to "pedestrian friendly" development on appropriate parcels in the Commercial District. Generally, such development could include buildings close to pedestrian Attachment to 9-14-2006 ZPC minutes sidewalks, with separate provisions for parking and vehicles. 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 Attachment to 9-14-2006 ZPC minutes Amendment to provide for "Qualified Pedestrian-Enhanced Developments" or "QPED's" 9-14-06 (preliminary report version) Add two definitions as follows: Oualifed Pedestrian-Enhanced Development (or "APED") means a development established by plat or replat that meets all the following criteria: W Commercial District. The area lies within the C District. Rear Shared ParkinZ. The plat includes the following provisions for off-street parking areas: (i) the areas are located generally at the rear of the affected building sites, so that interference with pedestrian access is minimized (ii) the parking is located in a reserve and designated to be shared to serve all building sites in the platted area and (iii) there are appropriate reserves for landscaping, screening, etc. and maintenance of all common areas Streets, allevs sidewalks etc The plat creates or dedicates appropriate easements, if necessary for: (i) streets or alleys to serve the off-street parking areas and connect to current or future streets or alleys to serve rear parking areas on adjacent tracts, and (ii) sidewalks. (44,) Area Plans. The plat complies with all applicable City plans for sidewalks parking, street lighting pedestrian amenities etc (55,) Title Block: Restrictions. The title block designates it a "qualified pedestrian- enhanced subdivision" and incorporates the applicable provisions of the Zoning Ordinance and Chapter 20. It must recite that all restrictions on the plat or incorporated into the plat shall "run with the land" and shall be independently enforceable b an person or entity having an interest in property in the plat (which may include the City and by any property owner's association that may be created. Any such enforcement by the City is an additional alternative remedy for the City. Special Use Permit (or "SUP") means the limited type of amendment described in Article 14. Generally, an SUP may only be adopted in those circumstances prescribed by this ordinan ce and each SUP must comply with limitations prescribed in this ordinance. Add a new Section 8-116, as follows: Section 8-116. Qualified Pedestrian-Enhanced Developments For a APED, a special use permit may allow i) reduced and shared off-street parking if the permit includes findings that the available off-street Parking, when combined with other available parking, will provide sufficient total parking; (ii) reduced or zero-width front yards if necessary to allow a building to connect to a sidewalk; and (iii) reduced or relocated landscaping strips and provisions for qualified trees. In each case the permit must include findings that the proposed development will comply with applicable City plans for sidewalks parkin street lighting, signs pedestrian amenities etc The permit may require construction and maintenance Attachment to 9-14-2006 ZPC minutes of covered sidewalks and SF privacy protection (as described in Note 8 of Table 7-4b). The permit may contain conditions to assure continuing compliance. Amend Section 9-103 as follows: Section 9-103. Procedures. (a) Submissions. The applioant must submit a develepmeR4 pla4 (w-hieh may be the same as a plat submitted under- a-mether- or-dinanee of the City, if ailewed by sueh other- or-dinanee) an analysis of tr-affie pattems, street areas, drainage, utilities, and fnain4enanee of publie , together- with any additional items the building effieial or the Z&PC may reasonably fequest. amended to show the PDD betmdar-ies, and a PDD sehedule shall be added to this or-dinanee to pr-ovide the neeessai=y regulations. /cj ) A zc~z'~7 I\'TTV trGtttl ~`Z'G The review of PDD, like all miiaiimir endeirco~ ~ to ~~~L~'~-~r ~ivir'riab eensider-a4ions. Therefore, no per-son is guar-apAeed or- assured tha4 a PDD either- vvill or- will not be aetedupen favor-ably or- withi )er-iod of time, to the approval of a PDD under- aft), Procedures and standards for consideration of PDD's are prescribed elsewhere in this ordinance. See, e.y-., Article 14. Add a new Section 14-103, as follows: Section 14-103. Planned Development Districts, Special Use Permits (a) Generally. Both planned development districts(PDD's and special use permits (SUP's) are amendments to this ordinance. They may only be adopted in those circumstances prescribed by this ordinance and each PDD or SUP must comply with limitations prescribed for them in this ordinance. A written application by the owner of the affected prop-ert inquired. (b) Submissions. The applicant for a PDD or SUP must submit: (i) a development plan and a development report describing the proposed development and discussing traffic patterns, street areas sidewalks drainage utilities and maintenance of common and public spaces; (ii) any other items prescribed by this ordinance; and (iii) additional items and details the administrative official or the Z&PC may reasonably request (Examples: traffic impact analysis, detailed drainage analysis, etc.). (c) Platting. A subdivision plat (or rgplat) may be submitted and considered concurrently. A PDD or SUP may be adopted subject to approval and recordation of a subdivision plat (or replat). (d) Procedure; Consideration. The procedures for considering a PDD or SUP shall be the same as for other amendments to this ordinance. The review of a PDD or an SUP, like other amendments involves extensive procedures and legislative weighing of policy considerations. Therefore no person is guaranteed or assured that a PDD or SUP either will or will not be acted upon favorably or within M given period of time. No person shall ever be entitled to the approval of a PDD or SUP under any circumstances. Attachment to 9-14-2006 ZPC minutes (e) Map Notation. If a PDD or SUP is finally adopted the administrative official shall add a notation to the Zoning District Map to indicate the affected area Attachment to 9-14-2006 ZPC minutes Exhibit 8 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: Qualified Pedestrian-Enhanced Developments (QPED's) . This proposal would add provisions to the Zoning Ordinance for QPED's in the Commercial District of the City. The proposal includes definitions, platting and application criteria and provisions for special use permits for QPED's. (Existing provisions for PDD's, which are similar to special use permits, would be combined with the provisions for special use permits). A special use permit could allow the following for a QPED: (i) reduced and shared off-street parking; (ii) reduced or zero-width front yards, if necessary to allow a building to connect to a sidewalk; and (iii) reduced or relocated landscaping strips and provisions for qualified trees. A permit must include findings and may include conditions. [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/ Kay Holloway, City Secretary Attachment to 9-14-2006 ZPC minutes Subcommittee Comment: How do we assure that these guidelines are Published... add to the amendment, report to council, web site? S4gested inserts by JLR 9-11-06 A RESOLUTION by The Zoning and Planning Commission of the City of West University Place, Texas relating to Qualified Pedestrian-Enhanced Developments August 2006 WHEREAS, the Zoning and Planning Commission of the City of West University Place, Texas ("ZPC") has approved a preliminary report (the "Report") on a proposal to amend the Zoning Ordinance of the City of West University Place relating to qualified pedestrian-enhanced developments ("QPEDs" WHEREAS, the Report addresses the ZPC's proposal to add a new Section 8-116 to the Zoning Ordinance which would alley allow the City to issue Special Use Permits for QPEDs; WHEREAS, per the Report, QPEDs would be limited to the City's C District (i.e., Commercial District), and would require a plat or re-plat that addressed, among other things, (a) off street parking (located generally at the rear of the affected building sites), and (b) reserves for landscaping and screening; WHEREAS, per the Report a4se addresses the use of Special Use Permits with-for a I QPED could plat-~ permit, in certain approved site specific situations, (a) shared or reduced parking, (b) reduced or zero-width front yards, or (c) other accommodations to the Zoning Ordinance; WHEREAS, the ZPC has discussed and formulated a list of overall site objectives and I design criteria which reflects its intent current vision for the appliceatien e€a-QPEDs in to-the City's C District located along Edloe between Rice Blvd. and University Blvd, commonly known as the West University Town Center (the "QPED Design Guidelines"); WHEREAS, although not a part of the Report or an amendment to the Zoning Ordinance, the QPED Design Guidelines reflect the ZPC's current vision for the development of the West University Town Center as a QPED; Attachment to 9-14-2006 ZPC minutes WHEREAS, the ZPC desires to formally memorialize these QPED Design Guidelines as of r-eee -a r to assist the Building Official, the Administrative Official, the Citv Council, future members of the ZPC, and owners or prospective developers of the West University Town Center. NOW, THEREFORE, BE IT RESOLVED that the ZPC hereby accepts the following as the QPED Design Guidelines: 1. Overall Site Objectives. The Overall Site Objectives of the QPED are set forth on Attachment 1 to these APED Design Guidelines. [to be prepared and attached] 2-1. Pedestrian Easements. By its name, the QPED contemplates a pedestrian oriented development. To ensure this goal, the QPED plat should provide for dedications of sidewalk and pedestrian easements to the public. 32. Yards or "Setbacks." Setbacks from the front street line of-as small as 8' cwould be allowed if the following conditions are met: (a) Within the front setback, there must be a continuous pedestrian walkway area (dedicated to the public)-to connect with adjacent properties. Walkway material must be br-iek pave - ~match existing material (e.g, brick pavers) in vicinity (or City I Center area) and a minimum of 8 feet in width. (b) Overhead building projections into the front setback would be allewed required from the front building line to provide cover over walkway area (See Fig. 1). Only open spaee-deck area would be allowed over any overhead projection; however, the overhead projections may be able to support open-air uses such as open, patio style seating. (c) To accommodate the landscape buffer, a driveway, and at least one-sided head in parking, the building setback should at least 50'. 43. Height. A buildm height greater t the maximum allowed in a C District 35 feet may be allowed, provided (a) maximum height does not exceed 40 feet, (b) the privacy, noise, lighting and other matters which could impaet.--affect residential areas to the east of the West University Town Center Allow are adequately addressed. an (e) ^ gfeate~ (rent ^~a feat ffent setbaek for- the buildine vafts- that exeeed a heieht of feet rt-~eWt would be inVesed t 54. Parking. Attachment to 9-14-2006 ZPC minutes (a) The QPED would provide for rear access parking to be located behind the principal building, in either head-in double row or angle double row arrays. Parking should be designed to connect in the future with adjacent properties' rear parking and eventually with the-anti. pate otential outlets to Rice and University Boulevards. (b) Rear- par-king shettid be ser-eened by 8' epaque fenees and ' wide sheuld be leeated inside all sefeening, with the finished side of ftneing f4eing feside~ti areas leeated te the east 4_4 the West Un iu.2rcity 'Fe (c) In order to ensure that rear parking will be able to serve adjacent development and the public, the QPED plat would dedicate appropriate public easements. (d) With an 8' front setback front parking along the QPED should be limited to parallel parking. (ed) The exploration of private/public parking initiatives for the West I University Town Center should be encouraged. 5. Screening. Rear parkiniz should be screened by 8' opaque fences and 6' to 8' wide landscape strips with evergreen tall shrubs/small trees located on 6' centers Landscaping should be located inside all screening with the finished side of fencing facing residential areas located to the east of the West University Town Center (See Fig 65. Common Walls. Zero-width side yards or paw-common walls between adjoining building sites may be allowed with the following: (a) special exception issued by the ZBA, (b) agreement and joint application by all affected property owners, and (c) agfeement with LI with the City to eenst and maintain a common wall or continuously abutting separate walls (in either case with a four-hour fire rating or better). 76. Landscaping. Landscaping areas should be required in the front for every 50 feet of building site width. Landscaping areas must be at least 502-5 square feet in size and include low shrubs or plants and at least one qualified tree. Landscape areas can - and are encouraged to include artwork, benches, fountains, and other pedestrian oriented amenities. [does this work I with parallel parking? Head in parking?'?] 87. Miscellaneous Projections. Tables, chairs, benches, sculpture or fountains placed in the front setback should be allowed if they do not Week significantly impair pedestrian traffic flow and comply with applicable ordinances. These amenities may also be allowed to project into the City's right of wa street areas, provided they do not block vehicular or pedestrian traffic, cause any safety concerns, and are approved in advance by the D a Publie `x e ~ as may be required b~City ordinances re ug_lating the use of street areas Attachment to 9-14-2006 ZPC minutes 89. Signs. All signs must conform to current City codes and, if located on or above I publicly-dedicated areas (streets or sidewalks), they should be are subject to coordinated design guidelines for the entire West University Town Center, as well as a master sign plan as required by Section 3.207 of the Code of Ordinances. For example, s,Signs should be constructed with visible elements made of the same material and use coordinated design features. 109. Lighting. Lighting standards should be restricted to 15' in height, with full "cut- off' features angled.-to prevent direct light trespass to adjoining SF Districts. The design, color, and other lighting elements should be compatible with public lighting in the West University Town Center. The approval of the Director of Public Works should be obtained with respect to all lighting plans. 11. Sustainability. QPED development should encourage sustainable development an d building; design, and environmentally friendly site and building objectives. 1120. Illustration; Plans. Attached hereto as Figure 1 is an illustration approved by the ZPC illustrating the application of some of the QPED Design Guidelines. Plans for each APED must be submitted for review an approval with the plat and Special Use Permit. BE IT FURTHER RESOLVED, that the foregoing QPED Design Guidelines are illustrative and aspirational, and shall not be binding on the City, the ZPC, the Administrative Official, the City Council or the Building Official. These Guidelines may be amended or supplemented from time to time. Approved this day of , 2006 ZONING AND PLANNING CON MISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission MXAM"Lt Zit 7. Landscaping. Landscaping areas should be required in the front for every 50 feet of building site width. Landscaping areas must be at least 50 square feet in size and include low shrubs or plants and at least one qualified tree. Landscape areas can - and are encouraged to include artwork, benches, fountains, and other pedestrian oriented amenities. Landscape areas may be located within the front part of the site or (with permission of the City Council in the adjacent street area or partly in each area. [does this work with parallel parking? Head in parking??] , 9w tta hment to 9-14-2006 ZPC i 0 0 0 REAR FMK1AIC7 ACGF5S 0 0 0 SrAwer CDMMtRC/AL A~RK/NK IdwM W O c ~o&STi?/sW WALxWAY pmrwr/s}Ljk PARwwn o 0 0 Pt AN R.O. W. MiNJMAL OR N03LLk5 SETBAC,C REAR PAoe r/NG RW PROP. L/NE 40 R6~R,SuFFER FFrvGE ' L/M~DSCAO.dV6 35FT. H~Y6HT L/M/T P~OyS~SIA965 S6CpU i ~n 1 D A419OR SEGT/O/V QUAL /F/ED FFaSTR/AN fNNAWC.D D"-r4ORWh7:5 0 2.0 40 60 so 100FT //a0/Y ZOO& Attachment to 9-14-2006 ZPC minutes City Center Redevelopment Options 7-14-2005 Option A) Commercial District Zoning Restrictions Option B) Possible PDD (see below for possible guidelines) Option C) City Center Commercial (Qualified Pedestrian Oriented District-QPOD) Applicable only to area zoned commercial along Edloe from north of Rice Blvd. south to University Blvd. Setbacks - Allow setback of 8' if meets following conditions: a) Within the front setback there must be a continuous pedestrian walkway area to connect with adjacent properties, walkway material must be brick paver to match existing brick pavers in vicinity (or City Center area) and a minimum of 8 feet in width. b) Projection allowed from front building line for structure to provide cover over walkway area (only open space above allowed). Height - Allow height of 40 feet if step back from front-street line 20 feet, for example. Parking - Option 1 - Rear access parking To be located behind principal building in rear 66 feet for head-in double row parking, 55 feet for angle double row parking. Parking must be designed to connect in the future with adjacent properties' rear parking and eventually with the anticipated outlets to Rice and University Boulevards. Need some type of parking calculation depending on size of lot. a) Parking must be screened in rear by 8' opaque fence and 4' wide landscape strip with evergreen tall shrubs/small trees located 6' on center. Landscape strip must be located on inside of wall. Finished side of fence must face residences across ditch b) Parking and access easements must be granted to City of West University Place. Option 2 - Parking Garage Private/Public Partnership Needs to be investigated with City Officials Common Walls - the ZBA may issue a special exception for a zero-width side yard, but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously Attachment to 9-14-2006 ZPC minutes abutting separate walls (in either case with a four-hour fire rating or better) along the property line. Landscaping - Landscaping areas are required for every 50 feet of building site width, area must be at least 25 sq feet and include low shrubs or plants and one qualified tree. Landscape area can also include artwork, benches and/or fountains. Misc. Projections - Allow tables, chairs, benches, sculpture or fountains to be placed in front setback, if do not block pedestrian traffic flow. These may also be allowed to project into city right of way if do not block vehicular or pedestrian traffic and with permission of Director of Public Works. Signs - Signs must conform to current city codes and are subject to coordinated design guidelines of the shopping center/ Town Center area. Signs would be constructed with visible elements made of the same material and use coordinated design features, a master sign plan is required, see Section 3.207 of the Code of Ordinances for requirements of master sign plan. Lights - Lights to be restricted to 15'(depends on City Center lighting) in height, full cut off angled to prevent direct light trespass to adjoining SF district. Design, color, etc. to be compatible with public lighting in City Center area (concurrence by Director of Public Works is required). *Any easements required for public sidewalks or street parking must be issued to City of West University Place. -~Lf - ZPC POTENTIAL OBJECTIVES THE CITY OF WEST UNIVERSITY PLACE TOWN CENTER From the June, 10-2004 ZPC Meeting Revised 12-05-2004 Create a pedestrian friendly environment 1. Provide uses compatible with and enhancing of the quality of life of the community. 2. Minimize the strip center parking arrangement of typical shopping centers, which emphasizes the image of the car and detracts from the pedestrian or sidewalk cafe quality environment. This could mean locating on-street parallel parking in front, or angled parking with intermittent tree islands. 3. Employee and/or overflow parking could be located behind the retail buildings along and/or on the ditch. 4. Encourage the use of landscaping and covered or arcaded sidewalks in front of retail to further encourage pedestrian use. This could mean a common feature (covered pedestrian/landscape zone) that links all of the building sites. 5. Encourage parking in the back by providing convenient, covered passageways from the back to the pedestrian arcades in front of the retail buildings. 6. Encourage the development of a rear service and parking area along the ditch to reduce pedestrian/traffic conflicts. Provide a gathering place for the community Design the street as an urban plaza for congregating, strolling, special events, etc. The design can accommodate the closing of the street during special events and celebrations. Provide a framework for Right-of-way development Include considerations for landscaping, signage, canopies and/or arcades, walks, lighting Be Compatible with adjacent existing uses 1. Single family residential 2. Maintain existing landscape buffer and provide additional screening/buffer for residential directly across Poor Farm ditch 3. West U Elementary School 4. Park, play fields, Scout House 5. Service, government Provide appropriate parking An incentive for redevelopment would be minimizing the parking requirement through a shared parking plan with other uses, such as the school, and/or creating a parking area over the ditch. Provide the framework for orderly, planned and phased development The City could create the features and/or provide incentives, special exemptions, or variances for the developer to create the features that would support the kind of development desired, such as: 1. A gathering place in front of the structures through landscaping, pavement/street materials, etc. and providing the ability to close the street for special events. 2. Extend its sidewalk planning to include a common landscaped, covered walkway feature to encourage pedestrian use. 3. Use of common landscaping/building features such as signage, lighting, awnings, etc. that could visually integrate the development. 4. Relaxing of building setbacks to allow building to street right-of-ways and allow common walls for neighboring developments to maximize buildable space and reinforce the uniformity and continuity of development. Create aesthetics consistent with an inner city urban single-family neighborhood 4~AW Create Design Guidelines for development as a condition for special exemptions and/or variances. The Guidelines should prevent a typical suburban strip-center appearance. )~d Encourage buildings that reduce environmental impacts and meet green building standards Plan with input from the community Suggestions could include design charettes, mail-out public opinion poll, Town Center "Hotline" Website Coordinate with City of Southside Place Project Possible integration/compatibility with City of Southside Place project on southeast comer of Edloe and University Generate tax revenue for the community Real Estate taxes Sales tax Create a mixed-use environment Potentially retail, office, residential and community service Recognize structures of historic significance To the extent that any of the building structures on the existing site have significance, they could be preserved, partially incorporated or replicated thematically. Attachment to 9-14-2006 ZPC minutes- 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 FRONT PORCHES; 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. Attachment to 9-14-2006 ZPC minutes 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: Attachment to 9-14-2006 ZPC minutes City Manager Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Attachment to 9-14-2006 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 July 13, 2006 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 FRONT PORCHES 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. The proposal would add a separate limit on the height of porches that project into front yard areas. The height limit would be the same as the depth of the front yard. For example, on a site with a 20-foot front yard depth, the maximum height of a projecting front porch would also be 20 feet. (Note: The Zoning Ordinance already limits the volume and design of porches in front yards.) The proposal would clarify that such front-yard porches are only allowed on a building site in a residential district with a front-yard depth of 20 feet or more. One of the principal purposes of the amendment is to impose a height limit based on the size and scale of the site. The limit should help prevent overcrowding and help provide adequate light and air. Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) tinds 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 Attachment to 9-14-2006 ZPC minutes 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 Attachment to 9-14-2006 ZPC minutes Amendment relating to front porch height 7-13-06 (preliminary report version) Amend Note 1.2 of Table 7-6 as follows: Note 1.2. Porch In Front Yard. On a building site in a residential district with a front yard depth of 20 feet or more, a porch may project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line (Example: the maximum projecting volume on a 521/2-foot wide site would be 50 cubic feet x 52.5, or 2,625 cubic feet). (iii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens. (b) A solid or partially open safety rail not higher than 3.5 feet above the porch floor. (c) Supporting vertical columns, if the total width of the outer faces of the columns does not exceed either 50% of the outside perimeter of the porch or 25% of the theoretical outside perimeter of a maximum-sized porch. The width of a column is measured at its thickest point above 3.5 feet above the porch floor. The "maximum-sized porch" is 120 inches deep and extends from one side yard line to the other, but it is limited by the open area requirement for the front yard. The "outside perimeter" of a porch is the portion of the perimeter out in the front yard; it does not include the portion of the perimeter adjacent to a building or lying along the front setback line. (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard (Example: If the depth of the front yard is 20 feet the maximum height in the front yard is also 20 feet.) Attachment to 9-14-2006 ZPC minutes 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: Front Porches. The proposal would add a separate limit on the height of porches that project into front yard areas. The height limit would be the same as the depth of the front yard. For example, on a site with a 20-foot front yard depth, the maximum height of a projecting front porch would also be 20 feet. The proposal would clarify that such front-yard porches are only allowed on a building site in a residential district with a front-yard depth of 20 feet or more. [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/ Kay Holloway, City Secretary Attachment to 9-14-2006 ZPC minutes ~ XA 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 BUILDINGS IN REAR YARDS, ETC.; 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. Attachment to 9-14-2006 ZPC minutes 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: Attachment to 9-14-2006 ZPC minutes City Manager Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Attachment to 9-14-2006 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 July 13, 2006 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 BUILDINGS IN REAR YARDS 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. The proposal would amend Note 3 of table 7-6 to allow only detached accessory buildings to be located in rear yards or SF Bufferyards. The proposal would also require minimum separations between a building in a rear yard and other buildings outside the rear yard. The minimum separations would be 70 of the building site depth (measured from main wall to main wall) and 5% of the building site depth (measured between the closest parts of the buildings). Example: If the depth were 100 feet, the minimum separations would be seven and five feet, respectively. The proposal allows connection of buildings by "breezeways," within specified limits. The principal purpose is building separation. Today, some homes are built with a high, solid structure extending from the front yard to the rear, encompassing not only the main house but also garage areas. Requiring separation should: (i) help firefighters control house fires (particularly those originating in rear garages), (ii) provide better emergency access to areas behind houses, (iii) help prevent overcrowding, and (iv) allow more light and air to reach rear yards and adjacent properties. Attachment to 9-14-2006 ZPC minutes 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 Attachment to 9-14-2006 ZPC minutes Amendment relating to buildings in rear yard (Table 7-6) 7-13-06 (preliminary report version, with proportional building separations) Amend Note 3 of Table 7-6 as follows: Note 3. Buildings In Rear Yard or SFBufferyard. A detached accessory building maybe 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) The minimum horizontal separations between the building and all other buildings on the building site (other than those located completely within the rear yard or SF Bufferyard) are 7% of the building site depth (measured from main wall to main wall) and 5% of the building site depth (measured between the closest parts of the buildings). Example: If the depth is 100 feet, the minimum separations are seven and five feet, respectively. ft Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), + the building may have no window, door or other opening above the ground floor (and facing the property line of the other building site), except for fie-translucent (but not transparent), non- operable openings or skylights. (e)- Space in the any-prejeeti q-, building may only be used for single-family (detached) use. W (e) If there is a "breezeway" connecting the building to any other building, it must be unenclosed, with a walkway no higher than three feet and a roof no higher than 14 feet. A principal. building may not project urAess the ground floor of the pr j 'ting p=t is at least 51% garage space, ~f [T]here is no more than 600 square feet of building space, other than garage space, in the part of the building in the rear yard or SF Buffe and part. )rojecting See garage restrictions in Article 10. Attachment to 9-14-2006 ZPC minutes Exhibit 8 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: Buildings in Rear Yards, Etc. This proposal would allow only detached accessory buildings to be located in rear yards (or SF Bufferyards). The proposal would also require minimum separations between such a building and other buildings outside the yard area. The minimum separations would be 70 of the building site depth (measured from main wall to main wall) and 50 of the building site depth (measured between the closest parts of the buildings). Example: If the depth were 100 feet, the minimum separations would be seven and five feet, respectively. The proposal allows connection of buildings by "breezeways,": within specified limits. The proposal would amend Note 3 of Table 7-6. [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/ Kay Holloway, City Secretary Attachment to 9-14-2006 ZPC minutes Amendment to add "plate height" limit 5-4-06 (adds detail about roof surfaces, dormers and gables) Amend Table 7-4b (both pages) as follows: Table 7-4b: Buildings General Rule: Every structure must conform to the applicable regulations shown, by District, in this table.("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) See special rules noted in table. 2 See Article 9 regarding Planned Develo ment Districts. Item Regulation SF-I SF-2 SF-3 TH GR-1 GR-2 C Dwelling units Maximum number per One, plus one accessory quarters (AQ) 17.5 per Two 24 per See Uses building site acre. See acre. table and _ Note 8 Art. 9 Framed area, all Maximum area as a 80% 100% See Note 4. N/A buildings on a building percentage of building site site area Length or width, any Maximum horizontal N/A 130 feet. See Note 3. N/A building dimension Exterior materials, any Type N/A Must be of equal grade and quality, all sides. See building. Section 8-104. Separation of DU's Fire-rated wall N/A A four-hour fire wall, or its equivalent, must separate adjoining dwelling units. See Notes 3 and 5. SF privacy protection See Note 7. N/A Applies. N/A Accessory buildings Maximum number per Three N/A building site See Article 10 regarding garage space. Height, maximum 25 ft. 35 ft. See Note 2. Principal buildings Stories, maximum Two and one-half. Three. See Note 6. N/A See Article 10 regarding garage space. Height, maximum 35- 25 feet Sre Aloie . Note: This is a "plate height" limit. See Notes 1 and 10. 35 ft. or less. See Note 2. Minimum gross floor 1,400 square feet, if used for residential 1,200 sq. 750 sq. ft, each DU 1,400 sq. area purposes ft., each ft. DU. Width, minimum N/A 16 ft., each N/A But see QMDS N/A Note 1. Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above the roof. The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof. Note 10. Pitched Roofs in Residential Districts. The following may have a height up to 35 feet: (i) a roof surface (e.g., a plane, a cone) with a pitch not greater than "12-in-12" (45 degrees) which begins at a height below 25 feet and either rises to a peak point or rises to meet another such roof surface at a ridgeline or peak point, (ii) structures and building space beneath such roof surfaces, and (iii) dormers and gables with no more than square feet of penetrating area (each) and no more than square feet of penetrating area in the aggregate (all dormers and gables on the building site). In this note, "penetrating area" means the area beneath any part of the dormer or gable that exceeds 29 feet in height). See Figure PR. Attachment to 9-14-2006 ZPC minutes Amendment to add "Plate height" ►imif 1 ' 5-4-06 (alternate version using a sloped height limit) Amend Table 7-4b (both pages) as follows: Table 7-4b• Buildings General Rule: Iivcry structure must conform to the applicable regulations shown, by Iistrict. in this tahle.('-N/A- means the rude does not apply.) I::rceplinns>Sjxcia/ Rides: (I) See special rules Holed in table. 2) See Article 9 re ardin Planned Develo anent Districts. Item IZegnlation SF-I SF-2 .4F'-3 771 GR-1 GR-2 Dwelling units Maximum number per One, plus one accessory quarters (AQ) 17.5 per fwu 24 per acre. See Uses building site acre. See table and Note 8 ,41•1. 9 ['rallied area, all buildings Maximum area as a 801/0 1o0% S'ee Not,, 4. N/A on a building site percentage of building site area Length or width. any Maxintllln horizontal NIA 130 feet. See Note 3. N/A building dimension Exterior materials, any Type N/A Must be of equal greade and quality, all sides. S'ee building, Section 8-104. Separation of D(J's Fire-rated wall NIA A tour-hour fire wall- or its equivalent, must separate adjoinin dwcllin * units. See Motes 3 and 5. SI: privacy protection See Note 7. N/A Applies. N/A Accessory buildings Maximum number per Three N/A building site See Irtick 10 regarding guruge.cpuce. [[eight, maximum 2i-41.- Net Bart ofan acccssor _ buildii rnaN he ItighCr Lhan..20 licl.ltlus lute. 35 R. See httri .gal it dislancc__liom (hat.atprt ter the ne,rost r 12 rty line nO_L cxcccd 2ti_Icel Note 2. total See I •i^m'c I IRI)This is a "slop l' height [mutt .See also Notes l armed J0. Principal buildings Stories, maximum Two and one-hall'. 1'I1ree. See ;'Nate 6. N/A See ilrticle In regarding _ , he 35 ft. or garage space. I Icight, maximum 35-filet 5 tsct itrrea+-yatt-l:~eerite ! Nu tart of a sin ta[ hiti___g m•t 1_ higher than 20 IcIrlus the h0rizrrn_lal distance front that part to the nearest less. Yee properly lint not l0 exceed 35 lcct total). See J'i ere [ IKIl't his is T "sloned7 Note 2. height limit. See also Nate_s lI_ and 1(},. Minimum gloss floor 1,400 square feel., If 0sed ter residential 1.200 sq. 750 sq. JI, each DU 1,400 sq. area purposes ft., each IT. DU. Width, minimum N/A lG It., each N/A But see QMDS N/A I )t 1. 4rhedule. Note 1. Antennas and Chittitaeys. R00f-mounted radio or television antennas on a principal building in a residential (Iistrict may prgicet up to lieu' feet above the roof. The maximum height ol'chimneys attached to a principal building is the greater of 35 feet or flour feet above the r(x)l'. #+M .k Nate !0. Dormers and Gables. An ordinary dormer or-gable in a residential district may excecd,Yhe tilupcd [lei Ili. limit i(`. -ti) it does not exceed the maxintitm Nei ht 35 feel L21 feet in scar yard): (ii dtc pcnclratint arcs rl0cti not exceed square feet a~nd._Jii the peiieLtatin,, at•eas of all dormers an ables(on the building site) do not cxcccd s(luare feet, in_Lh ag;grcgate. In his notg,._pcnetratina area~ttteans the area beneath 4 Ui_pad crf the dormer or_„ahle that exceeds the sloped height limit b, four Icel or more. Attachment to 9-14-2006 ZPC minutTiigure HRD Sloped Height Limit in Residential Districts i i i i Height limit (non-yard areas); see Table 7-41) i I j i r------------ ---------------------1 35 feet (height) j I I I j I j I 45-degree angle 20 feet (height) i------ I j i i i Side property line Side uoverty line i I I j I I I rstandard base level Conceptual view from front street line. Lower height limit applies in rear yard. Not to scale. Note: Many other regulations apply, in addition to those shown in this figure. Nothing in this figure allows structures to be located in yards or "setbacks." See Tables 7-2 and 7-6. ,Feb 09 04 10:38a Emloyee 7133492769 p-1 Attachment to 9-14-2006 ZPC minutes i• Scale Based Zoning Study City of West University Place, Texas Prepared by Councilman Bill May April 2001 BILL MAY Arch i t e c t F e,b 09 04 10: 39a Em l ogee 7133492769 p-2 Attachment to 9-14-2006 ZPC minutes Scale Based Zoning Study April 2001 - Bill May Architect Introduction: Our Comprehensive Plan makes reference to scale- Ordinances place restrictions on property owners, often without addressing the issues of scale. We can restrict a property owner with respect to square footage, but this does little to insure that the scale of what he builds is compatible with his neighbors. Scale Based Zoning: Our interests might be well served to rethink our entire zoning approach. As the basis of a new approach, We should investigate a visual rather than a legal model. The concept of scale is largely perceptual and can be expressed quite well graphically. From our pedestrian perspective, the height of the roof is most critical in establishing the vertical scale of a house. Adjacent comers of neighboring homes provide the most obvious view of their comparative Line of sight for perspective view Objects appear smaller if they are farther from the ' - - - - viewer, therefore, taller homes will look more in scale with existing, smaller homes if moved from ' the building line, farther from the viewer. The visual mass of elements which extend above the eaves at the building line should be limited. Effect of greater set-back ® W mm m IDmp 10 D Contrasting height at building line Greater set-back of taper house e,b U5 04 10: 39a Em 1 ogee 7133492769 p.3 Attachment to 9-14-2006 ZPC minutes Allowable Heights: A maximum eave height at the building line should be established based on eave height of existing two story X building stock or approximately twenty feet. A maximum building height of thirty five feet could be maintained. Higher eaves should be allowed if setback from the building line. This could apply to both front and side yards. building! tine Eave height increase with set-back - - - - - - - Eave Height Increases: An allowable height M increase of one foot for each foot of set-back from building line would create an allowable ° building envelope relative to a 12 on 12 roof slope with a maximum height of thirty five feet. Maximum allowable heights Side Setbacks and Eave heights: Set-backs and eave height at side yards are also critical scale factors to be consid- fEl ered. We should be considerate of light, air circulation and access. Fire department would prefer a 5' set back for access to property in case of an emergency. A typical five foot set-back with protruding eaves limits light and creates a fire hazard. Canyon effect Set-backs should be five feet to eaves, exclusive of removable gutters and fascia. ; Taller buildings create a greater canyon effect. Higher build- ings should be set back further to open side yards to light and ® air, thus limiting the canyon effect. With greater set-back Rear Yard Height: In order to create more open space at rear yards, a we should investigate a one story restriction at the rear building line. This might M 1---preclude the canyon effect which often occurs be- tween two story garages with "accessory quarters - o We should also investigate a limited width at the rear building line. Rear yard height limits e,b uy 04 10:39a Em Ioyee 7133492769 p.4 i Attachment to 9-14-2006 ZPC minutes Allowable Building Envelope: i The sum of front, side, rear and height \ restrictions creates a three _ dimen- sional envelope of allowable building. Building within this envelope would allow for large structures with limited impact on adjacent properties. Exist- ing area limitations could be retained with control of insured by adherence to scale based criteria. Allowable Building Envelope Eave Height Variations: In order to ac- commodate architectural features such as dormers while limiting the impact on adjacent properties, a variation zone with strict rules for application should be es- voriation tablished from the allowable building en- zone velope to the building line and maximum allowable height. i` - - " Elements in front or rear variation zones should not be allowed to penetrate the side variation zones and vice-versa in or- N der to limit visual mass at the corners. This will have the maximum effect at maintaining a scale consistent with the scale of the existing building stock. Side variation zones (front view) Size and number of dormers originating at the eave line is controlled. Elements wei°u°n ,06060„ originating above the eave are more zO stringently controlled as illustrated on the following page. - - ---------I n LF Front and rear variation zones (side view) reo u,,j ug 1U:39a Emloyee 7133492769 p_5 Attachment to 9-14-2006 ZPC minutes Single elements originat- ing at the allowable eave line, should not to exceed 1'-'-- 24 feet wide. The total (LP i - width of multiple elements - _ should be limited to 30 feet. , J,The width of elements with eaves or parapets _ above the allowable eave ~line can be up to 30 feet less the distance the eave J mm ; or parapet is above the allowable eave line. ' Elements on the side, originating at the allow- able eave line, should not - 3w to exceed 30 feet wide each. The width of multi- - _ _ _ _ p e elements will be limited by the number and pitch. Side elements originating above eave line are lim- ited to 30 feet less the______, distance their eave or i parapet exceeds the al- z - lowable eave line. - ' Multiple elements above eave line should be sepa- rated by amount equal to highest eave. West University Place t ~afu CILAI V Lot Area 80% 40009gft+.5(lot area-5000) 70% 6327 Vanderbilt 3011 UniverstiY 3617 Albans 6314 Brompton 5,000 4,000 4,000 3,500 7,500 6,000 5,250 5,250 10,000 8,000 6,500 7,000 12,500 10,00 7,750 8,750 15,000 12,000 9,000 10,500 17,500 14,000 10,250 12,250 20,000 16,000 11,500 14,000 8,000 8,800 22,500 18,000 12,750 15,750 10,600 14,0 N O O Lot Area vs. Framed Area b 20,000 777, 18,(00 16,000 r a r- fi 80% rA 14,000 r 4000sgft+.50ot area-5000) 12,000 y ` ---70% 8 10,000 ti + a -x-6327 VanderbiR 8,000 - 3011 Universtiy 6,000 N L 4000 3617 Albans ~ 2,000 6314 Brampton 0 lb? Cop Lot Area Attachment to 9-14-2006 ZPC minutes § 18-54 WEST UNIVERSITY PLACE MUNICIPAL CODE f. No final occupancy permit'or similar approval may be issued (except a temporary certificate of occupancy) until the "as built" site plan is approved. (6) Filing and recording. The building official shall maintain files for site plans, as approved. The files may be electronic. The building official shall record "as built" site plans (or notices of same) in the county real property records. (7) Amendments. Amendments to site plans are handled in the same manner as original plans. Exception: The building official shall provide an expedited, low-cost procedure for amendments that, in the judgment of the building official, will have no impact, or very minor impact, upon yards required by the zoning ordinance, neighboring property and drainage patterns. (f) Compliance required. It shall be unlawful for any person to erect, construct, alter, use, own, possess or control any structure or grade-raising project without: (1) Providing the surveys and site plans required by this section; and (2) Otherwise complying with this section. (Code 2003, § 6.403; Ord. No. 1748, § 1(6.403), 8-11-2003) Sec. 18-55. Contractor's disclosure to neighbors. (a) Disclosure. For any project where a contractor will be responsible for a substantial part of the work, and either the value of the work exceeds $10,000.00, or there is substantial outdoor activity contemplated, the building official shall require that the contractor: (1) Show, before a permit is issued, that a disclosure notice has been sent to the owners of all sites adjoining the site where the work will occur and to the owners of any sites in the city located directly across a street; or (2) Cause a sign to be continuously posted at the work site from the start of work until its completion which provides the required disclosure (such sign being plainly legible from the street area and also in compliance with all ordinances regulating signs and advertising if it contains anything other than the required disclosure). (b) Form and content. The required disclosure shall be in a form prescribed by the building official and include the identity, address, telephone number and responsible officer of the contractor as well as a description of ordinances and regulations that governing the control and clean-up of the site. (Code 2003, § 6.404) Sec. 18-56. Site drainage; drainage plans. (a) Basic drainage requirements. For each impact area (see definition in subsection (b)), the permittee must prepare a drainage plan and obtain the approval of the building official, as required by this section. Exception: No drainage plan is required for a project if the building official issues a "low impact" certification after determin- CD18:26 • Attachment to 9-14-2006 ZPC minutes BUILDINGS AND DEVELOPMENT § 18-56 ing that the project will probably have no drainage impact, or very low impact, upon neighboring property. In addition, each permittee, each successive owner and each successive person in control of an impact area has a continuing duty to: (1) Provide basic site drainage (see definition below) at all times, unless otherwise specified in an approved drainage plan or an approved amendment; and (2) Comply with the approved drainage plan (if the plan was required by this Code or any prior city ordinance) or an approved amendment at all times. (b) Definitions. In this section, the following terms have the meanings shown, unless the context clearly indicates a different meaning: (1) Basic site drainage means drainage that: a. Captures substantially all of the rainwater that would fall onto the impact area, assuming a rainfall of one inch in one hour; and b. Causes that rainwater to be absorbed within the same building site or conveyed to a lawful receiving place for rainwater, without escaping onto any other site and without washing detectable quantities of soil or debris off the building site. Rainwater may be conveyed across another site, if properly authorized by perpetual, recorded easement or a similar interest in the land. (2) Impact area means the area where grade-raising or major development occurs (or occurred after July 7, 1991). In the case of major development, the entire building site is included in the impact area. (c) Drainage plans; content, types, etc. The applicant must prepare each drainage plan in two versions: "as designed" and "as built." The requirements are as follows: "As Designed" Version (1) A topographic survey drawing (with sufficient "spot" -the impact area and the receiving points for run4 elevations and flow directions, as determined by the "as-is," before work on the site begins building official) sho - -established drain patterns across pro lines (2) Clear drawings and descriptions of temporary and -provide basic site drainage permanent drainage measures "as designed" that - -m-inimize the amount of fill and tree damage -provides drainage away from building foundations as required b applicable regulations -mitigate significant interference with established drain- age patterns across property lines toward the impact area (up to the capacity of a four-inch drain pipe-or its equiv- alent-from the rear of the site to the street) -provides for basic stormwater quality protection as may be required by applicable regulations (3) A written certification, signed and sealed by the permittee that the "as-designed" drainage measures will meet the requirements set out above (4) Additional information requested by the building official CD18:27 Attachment to 9-14-2006 ZPC minutes $ 18-56 WEST UNIVERSITY PLACE MUNICIPAL CODE "As built" Version (1) Clear drawings and descriptions of -substantially conform to the "as-de- permanent drainage measures "as built" signed" version of the drainage plan, in- that - eluding the topographic survey data -provide basic site drain e -minimize the amount of fill and tree damage -provide drainage away from building foundations as required by applicable reg- ulations -mitigate significant interference with established drainage patterns across prop- erty lines toward the impact area (up to the capacity of a four-inch drain pipe-or its equivalent-from the rear of the site to the street) -provides for basic stormwater quality protection as may be required by applica- We re ations (2) A written certification that the "as-built" drainage measures meet the require- ments set out above signed b the ermittee (3) Additional information requested b the building official (d) Drainage plans; preparation, etc. (1) Preparation and processing, "as designed" plans: a. The "as designed" version of the drainage plan must be filed with the building official before issuance of the initial permit for the project. As provided by this Code, the drainage plan may be submitted as a compo- nent of a site plan. b. The building official shall approve the "as designed" plan, unless the building official notices some non-compliance with this section or other applicable regulations. C. No permit may be issued until the "as designed" site plan is approved. (2) Preparation and processing, "as built" plans: a. Each permittee must deliver the "as built" version of the drainage plan to the building official by the sooner of: 1. The 30th day following completion of the project (including final ground cover and landscaping); or 2. The 30th day following the expiration of the permit. As provided by this Code, the drainage plan may be submitted as a component of a site plan. CD18:28 r Attachment to 9-14-2006 ZPC minutes BUILDINGS AND DEVELOPMENT § 18-57 b. The building official shall review and approve the "as built" plan, unless the building official notices some non-compliance with this section or other applicable regulations. c. Any fee charged by the city for reviewing the "as built" drainage plan may be waived if the building official determines that the "as built" plan is not substantially different from the approved "as designed" plan and can be readily compared. d. No final occupancy permit or similar approval (except a temporary certificate of occupancy) may be issued until the "as built" drainage plan is approved. (3) Amendments. Amendments to drainage plans are handled in the same manner as original plans. Exception: No amended drainage plan is required for a project if the building official issues a "low impact" certification after determining that the project will probably have no drainage impact, or very low impact, upon neighboring property. (e) Drainage plans; implementation. Either temporary or permanent measures to achieve basic site drainage must be put into effect before grade-raising work or major development starts. Any temporary measures must remain in effect until permanent measures are installed and are operating as designed. Temporary measures may incorporate all or part of the permanent measures. Permanent measures must be installed and operating as designed as soon as practicable after grade-raising work or major development is completed. (f) Other rights and duties. Some persons may have state-created or recognized rights and duties with respect to surface water and drainage. For example, under state water laws, a property owner may have the right to allow water to drain naturally onto neighboring property, and the owner of the neighboring property may have the duty to receive the water. Neither this Code nor any actions taken by city officials shall ever be interpreted to diminish any other rights or duties arising under state water laws. Any person receiving a city permit or other approval remains obligated to carry out all state-created duties and to respect all state-created rights, whether compelled to do so by the city, or not. Every property owner remains free to pursue all state-created rights and remedies against other property owners, and it is neither required nor appropriate to involve the city in any such proceeding. (Code 2003, § 6.405; Ord. No. 1748, § 1(6.405), 8-11-2003) Sec. 18-57. Trenching and excavations. For any trench excavation exceeding a depth of five feet, each applicant for a permit must certify in writing that the applicable requirements of the Texas Health and Safety Code have been, and will be, satisfied. The applicable requirements including, but not limited to the following, are: (1) V.T.C.A., Health and Safety Code § 756.021 et seq., for construction contracts generally, where a contractor is employed; and CD18:29