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HomeMy WebLinkAbout08092007 ZPC Minutes City of West University Place A Neighborhood City ® Recycled Paper ZONING & PLANNING COMMISSION BILL WATSON CONFERENCE ROOM 3800 UNIVERSITY BOULEVARD MEETING MINUTES August 9, 2007 MEMBERS PRESENT: Steve Brown, Robert Inaba, Jeffrey Horowitz, Les Albin, and Michael Silver MEMBERS ABSENT: Mac McManus and Beth Beloff COUNCIL: Chuck Guffey STAFF PRESENT: Debbie Scarcella, City Planner, Sallye A. Clark, Planning Assistant and James Dougherty, City Legal Counsel Call to Order - With quorum present at 6:06 p.m., Steve Brown called the meeting to order. 1. Minutes. July 12, 2007: Jeffrey Horowitz made a motion to approve as written. Robert Inaba seconded. Ayes: Steve Brown, Robert Inaba, Jeffrey Horowitz, and Michael Silver. Noes: none. Les Albin abstained. Motion passed. Minutes approved. 2. Topics for review for 2006 - 2007. Jim Dougherty, City Legal Counsel gave an overview on his email that he sent out on July 9 on 2007 Texas Legislature. Neither Housebill 1732 nor 1736 reached the House floor. Apparently, they died in the Calendars Committee (where many bills die). House Bill 1067, relating to subdivision replatting by certain municipalities' amends Local Government Code, Title, Chapter 212, by adding Section 212.0146. It applies only within city limits (and extraterritorial jurisdiction) of a city with a population of 1.9 million or more (e.g., Houston). Allows such a city to adopt rules setting criteria for amending or removing "covenants, restrictions, or plat notations" contained only in a preceding plat, "without reference in" a separate recorded instrument. Allows replats amending or removing such on-the-plat-only covenants or restrictions, if- (i) the owners of the replatted property sign, (ii) the city holds a public hearing, (iii) utility companies consent to changes in easements affecting them, and (iv) city determines the replat complies with the law and city's rules. Appears to validate broadly many replats approved (by a city with a population of 1.9 million or more) before the effective date. The effective date of this bill is immediate upon approval by the Governor. House Bill 2281 relating to administrative approval of replats involving minor plat revisions amends Local Government Code, Title, Chapter 212, Section 212.0065. This bill expressly expands city authority to delegate minor plat approval power (to officers or employees), to include minor replats. (Note: Arguably, cities already 3800 University Boulevard 9 West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org Zoning & Planning Commission Minutes August 9, 2007 Meeting Page 2 of 2 have such authority; see Section 212.001 which defines "plat" to include "replat.") The effective date of this bill is immediate upon approval by the Governor. ZPC discussed the preliminary report and amendment relating to mechanical equipment in rear yard or side yard dated 8-6-2007 previously approved by ZPC on July 12, 2007. Steve Brown requested that ZPC vote on the preliminary report again. Robert Inaba made a motion to approve the Preliminary report to forward to City Council. Michael Silver seconded the motion. Ayes: Steve Brown, Les Albin, Robert Inaba, Jeffrey Horowitz and Michael Silver. Noes: none. Motion passed. James Dougherty went over the amendment relating to driveways and loading areas, dated 7-10-2007. Debbie Scarcella requested to amend page 3 (subsection (g) of section 12-103) to add `parking area, driveways or loading area" regulations. After discussion, ZPC requested that staff revise the amendment and back test wording for unintended consequences and redraft for next month's meeting. James Dougherty went over the proposed changes in the amendment relating to Table 7-4a: Garage Space dated 7-10-2007. Jeffrey Horowitz requested to add `parking space" after each of the places that reads, "garage. " Remove under TH, GR-1, GR- 2, and C: "1.0 per DU for old stock housing." Add "and each must adjoin a driveway, " after "must be enclosed or semi-enclosed" under garage parking spaces. Revise wording in Note. 2 and bring back revised draft to next month's meeting. ZPC discussed the preliminary report and amendment relating to Garages in Side Yards as well as the email that was sent to the Building Official by Steve Ralls, Fire Chief. Revise (a) to add " 24 inches." ZPC requested that staff invite Steve Ralls, Fire Chief to next month's meeting and bring back revised draft to next months meeting. After discussion, Les Albin made a motion to approve the Preliminary Report and amendment to forward to City Council relating to Buildings in the Rear yard dated 8- 9-2007. Robert Inaba seconded the motion. Ayes: Steve Brown, Les Albin, Robert Inaba, Jeffrey Horowitz and Michael Silver. Noes: none. Motion passed. James Dougherty went over the preliminary report and amendment relating to the definition of Structures, dated 8-9-07. ZPC requested that staff check with the Building Official to verify 90 versus 180 days and bring back to next month's meeting. James Dougherty went over the Preliminary reports and amendments relating to Old Stock Housing dated 8-9-07. After discussion ZPC requested staff to add to the preliminary report in both versions ` preserve and promote renovation of old stock housing. " In addition, ZPC requested in both versions of the amendments to add "applicable in single family district only." The revised preliminary reports and amendments are to be brought back to next month's meeting. 3. Framed Area and Other Building Regulations; Amendments. This item was not discussed. Zoning & Planning Commission Minutes August 9, 2007 Meeting Page 3 of 3 Adjournment. Les Albin made a motion to adjourn. Jeffrey Horowitz seconded. Ayes: Steve Brown, Les Albin, Robert Inaba, Jeffrey Horowitz and Michael Silver. Noes: none. Motion passed. Meeting adjourned at 8:30 p.m. Attachments: Email from James Dougherty, city Legal Counsel on 2007 Texas Legislation, dated 7- 9-2007 Preliminary report (8-9-2007) and amendment (8-6-07) relating to mechanical equipment in rear yard or side yard (Table 7-6) Preliminary report (7-12-07) and amendment (7-10-07) relating to driveways and loading areas, Table 7-5a Preliminary report and amendment relating to garages and maneuvering areas, dated 7-10-2007 Preliminary report and amendment relating to garages in side yards, dated 8-9-2007 Email from Steve Ralls, Fire Chief in reference to Garages in Side Yards dated 8-7- 2007 Preliminary report and amendment relating to buildings in rear yards, dated 8-9-2007 Preliminary report and amendment relating to the definition of structures, dated 8-9- 2007 Preliminary reports and amendments relating to Old Stock housing (base and alternate versions), dated 8-9-2007 PASSED THIS DAY, OF I , 2007. Steve rown, Presiding Officer ATT T• 1 Sallye A. Cla , Planning Assistant Sallye Clark From: James L. Dougherty, Jr. odough8@sbcglobal.net] Sent: Monday, July 09, 2007 6:44 PM To: sgbrown@hal-pc.org; Robert Inaba; Beth Beloff; Mac McManus; Michael Silver; Les Albin; Jeffrey Horowitz; jhorowitz@ccj-law.com; Sallye Clark; Michael Ross; Debbie Scarcella; Sean Landis; Chris Peifer; Kay Holloway Subject: Land-use bills, 2007 Texas Legislature 54 restrictive zoning 54 bill with vertical bill, HB... setback,... TO: ZPC Folks FROM: James L. Dougherty, Jr. Attorney at Law 5177 Richmond, Suite 740 Houston, Texas 77056-6709 Phone 713-880-8808, Fax 281-220-8984 E-Mail:jdough8@sbcglobal.net Hello, ZPC Folks, As requested, I checked on two two bills that would sharply impair newer types of zoning regulations (e.g., imprevious cover limits, "vertical setbacks" and floor-area ratios). It appeared they were aimed at un-doing Austin's new rstrictions on "McMansions," including a "buidling envelope" size limit. The House Land & Resource Management Committee held hearings on both bills and reported both out favorably. However, neither bill reached the House floor. Apparently they died in the Calendars Committee (where many bills die). Pasted at the foot of this email are some write-ups I did on land-use bills that did pass and might affect this part of the State. Only a couple might apply inside the City of WUP, both minor. /s/ Jim CONFIDENTIALITY NOTICE: THIS COMMUNICATION, INCLUDING ANY ATTACHMENTS, IS INTENDED ONLY FOR THE NAMED ADDRESSEE(S). IF YOU ARE NOT A NAMED ADDRESSEE (OR AN EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO A NAMED ADDRESSEE), YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY CALL THE SENDER AT 713-880-8808 AND DESTROY THE COMMUNICATION. CIRCULAR 230 NOTICE: Rules imposed by IRS Circular 230 require the sender to inform you that, unless expressly stated above or in an attachment hereto, this communication including any attachments, is not intended or written to be used, and it cannot be used, by you or any person or entity for the purpose of avoiding any penalties that may or could be imposed under the United States Internal Revenue Code, nor for the promoting, marketing or recommending to another party any transaction or tax-related matter(s). House Bill 1067 Relating to subdivision replatting by certain municipalities. Amends Local Government Code, Title , Chapter 212, by adding Section 212.0146. Applies only within city limits (and extraterritorial jurisdiction) of a city with a population of 1.9 million or more (e.g., Houston). Allows such a city to adopt rules 1 OL,ftL -hurl~ fo B-q-D7 Z P6 M I kI&S setting criteria for amending or removing "covenants, restrictions, or plat notations" contained only in a preceding plat, "without reference in" a separate recorded instrument. Allows replats amending or removing such on-the-plat-only covenants or restrictions, if: (i) the owners of the replatted property sign, (ii) the city holds a public hearing, (iii) utility companies consent to changes in easements affecting them, and (iv) city determines the replat complies with the law and city's rules. Appears to validate broadly many replats approved (by a city with a population of 1.9 million or more) before the effective date. Effective Date: Immediately upon approval by the Governor House Bill 1311 Relating to requiring certain municipalities to disannex land owned by a navigation district. Amends Local Government Code, Title Chapter 43, by adding Section 43.083 Compels a city (e.g., Freeport) to disannex land owned by a navigation district (e.g., Port of Freeport) if the land was annexed without the district's consent. Applies only to a city: (i) with population less than 30,000, and (ii) in a county bordering both the Gulf of Mexico and another county with a population of one million or more. Requires continued city utility service "at the same rate" until mid-2008. Expires January 1, 2010. (Note: Narrow legislative categories of this sort can violate Art. 3, Sec. 56, TEX. CONST., which restricts "local and special" laws.) Effective Date: Immediately upon approval by the Governor House Bill 1472 Relating to the annexation of land for which property taxes are imposed based on the land's value for agricultural or wildlife management purposes or timber production. Amends Local Government Code, Title , Chapter 43, adding Section 43.035. Applies only to an area that is eligible for a development agreement (these are certain extraterritorial jurisdiction areas; see Section 212.171, Local Government Code) and appraised as agricultural, wildlife management or timber land (see Tax Code, Chapter 23). Prohibits city annexation of such an area unless the landowner declines an offer to enter into a city development agreement that: (i) exempts the area from annexation and (ii) allows city to regulate, but not to interfere with the appraised use. If landowner enters such an agreement for a tract, areas "adjacent or contiguous" to the tract are considered "adjacent or contiguous" to the city (i.e., those areas might be annexed by the city, even if physically separated from the city limits). Landowner loses exemption from annexation by filing "any type of subdivision plat or related development document." Such development agreements do not "freeze" regulations under Local Government Code, Chapter 245. Effective Date: Immediately upon approval by the Governor House Bill 1852 Relating to the authority of a county to regulate the installation and use of lighting in certain areas. Amends Local Government Code, Title Chapter 240; amends Section 240.031 and adds Section 240.0325. Expands the scope of county authority to regulate outdoor lighting to include unincorporated areas within five miles of "a United States military installation, base, or camp" (in addition to areas near observatories, previously allowed). Allows permits and limits fees. Grandfathers (or exempts) many types of facilities, owners, activities and land uses, e.g. electrical facilities, agricultural use, etc. Effective Date: Immediately upon approval by the Governor House Bill 2281 2 O'-ftc,half4t b O-q-az -ZTC rni rbdr5 Relating to administrative approval of replats involving minor plat revisions. Amends Local Government Code, Title , Chapter 212, Section 212.0065. Expressly expands city authority to delegate minor plat approval power (to officers or employees), to include minor replats. (Note: Arguably, cities already have such authority; see Section 212.001 which defines "plat" to include "replat.") Effective Date: Immediately upon approval by the Governor House Bill 2591 Relating to county improvement of subdivision roads. Amends Transportation Code, Title Chapter 253; amends Section 253.001 and adds Section 253.012. Existing Chapter 253 allows commissioners courts to improve "a road in a subdivision or an access road to a subdivision" and assess the cost against the owners of land in the subdivision (if, after a hearing, they vote in favor of the assessment). HB 2591 extends Chapter 253 to include areas within cities, if: (i) the city and the county agree that the county may improve the road and designate the road as either a city road or a county road, and (ii) the commissioners court finds that the improvement "serves a county purpose." Effective Date: Immediately upon approval by the Governor House Bill 3232 Relating to certain subdivision golf courses. Amends Local Government Code, Chapter 212, Section 212.0155 and Property Code, Chapter 82, Section 82.051 Author: Smith, Wayne Sponsor: Janek Restricts changing the land use of certain golf course land. Applies only to land located wholly or partly in the city limits of a city (e.g, Missouri City): (1) with a population of more than 50,000; and (2) wholly or partly in a county with a population of more than three million (or a county with a population of more than 275,000 that is adjacent to a county with a population of more than three million). Contains elaborate provisions for hearing, plats, etc. Effective Date: Immediately upon approval by the Governor. House Bill 3410 Relating to alternative procedures for plat revision of residential areas by a county. Amends Local Government Code, Title Chapter 232, Section 232.0095. Allows counties to approve "an amended plat" creating six or few lots in an existing subdivision, if "(1) the changes do not affect applicable county regulations, including zoning regulations . . . and (2) the changes do not attempt to amend or remove any covenants or restrictions." Applies only in counties that have adopted certain municipal plat statutes and only to real property: (i) outside city limits and (ii) outside the extraterritorial jurisdiction of cities with a population of 1.5 million or more. (Note: Potentially could apply in the extraterritorial jurisdictions of all other cities.) Effective Date: Immediately upon approval by the Governor. 3 Attachment to 8-9-2007 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2007 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 MECHANICAL EQUUIPMENT 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 current ordinance requires mechanical equipment (e.g., air conditioning equipment) located in a rear yard to be installed near the ground. Before the current ordinance took effect, some equipment was lawfully installed above the ground (e.g. on an elevated structure). The proposal would allow replacement of such equipment on the same structure and in the same location. The proposal would require a wall (at least 50% solid, such as lattice) to separate the equipment from the rear lot line. The principal purpose is to allow replacement equipment to be installed where there is existing equipment, which should help to avoid expensive retrofitting and help to save energy (retrofitting generally involves longer coolant lines, which are less efficient). 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 Attachment to 8-9-2007 ZPC minutes 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 8-9-2007 ZPC minutes Amendment relating to mechanical equipment in rear yard or side yard (Table 7-6) 8-6-07 Amend Note 6 of Table 7-6 as follows: Note 6. Equipment In Rear or Side Yard. LAIREAR YARD: Indicated equipment may project into a rear yard only if. (a) separating the equipment from any building site across the rear lot line, there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City, the City has issued a separate acquiescence or consent to the occupancy of the easement; (c) there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official; (d) the base of the equipment is not higher than 14 inches above the ground (Exception: the base may be elevated to the minimum level of the lowest floor of the principal building, as established by the City's flood damage prevention ordinance, if that level is higher than 14 inches above the ground.), and (e) if located within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 of the Code of Ordinances. (B) SIDE YARD: Indicated equipment may project into an interior or street side yard (but not closer than three feet to a property line) only if it is fully encased in a sound-absorbing cabinet, or is otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 of the Code of Ordinances. However, equipment replacing older equipment in a side yard may project as close as 18 inches to a property line, if the fire marshal determines that such projection will not significantly interfere with emergency access, either on the same site or on another site CaNEW AND REPLACEMENT EQUIPMENT: These rules apply to all new and replacement equipment. Exception: If older equipment was lawfully installed on an elevated structure in a rear yard replacement equipment may be installed on the same structure in the same location.If the older equipment was lawfully installed without the required separating wall the wall must be provided but it may be either solid or at least 50% solid (e lattice). All other rules apply. Attachment to 8-9-2007 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 July 12, 2007 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 DRIVEWAYS 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: (i) specify a minimum driveway width of 10 feet; (ii) require a driveway loading area at least 18 feet long; and (iii) require hard surfaced pavement for most vehicular areas. The proposal mainly applies to single-family detached houses (SFD uses), and it includes details for measurement and locations. There is a special provision for prior non-conformities (PNC's). The principal purposes are to make driveways easy to use, particularly for large vehicles, and to provide driveway loading areas that can be used without blocking sidewalks. 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. r Attachment to 8-9-2007 ZPC minutes 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 8-9-2007 ZPC minutes Amendment relating to driveways 7-10-07 Amend table 7-5a as follows: General Rule Every building site, vehicular area and related structure must Table 7-5a: 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 Parking, driveways, etc. table. (3) See Article 9 regarding Planned Development Districts. (3) See Note 7 regarding special exceptions. (4) See Article 10. Item Regulation SF-I SF-2 SF-3 TH GR-1 GR-2 C Off-street parking Number, Depends on land use, layout, etc. See this Table, Table 7-4a, and Article 10 spaces and location, size, (including maneuvering areas, design requirements, "same site"rule, yards, street parking areas design areas, loading spaces, etc.). Grouping or Not allowed, except in a QMDS platted parking reserve serving two or more DU's. Other regulations sharing. But see Note 2. apply; see, e.g. Article 10 Use of parking Parking spaces for non-SFD uses may only be used for motor vehicle parking. See areas Note 3. Minimum 20 ft, via public or private street, to each principal building and each DU (or to an Emergency adjacent open area accessible to firefighters and equipment). Other regulations also accessway width. See Note 1. apply, e.g, fire code. For SFD use.: (i.) the minimuni width is 1.0 ft., and tii.) there must be a dri.i ewav Minimum loading area at least 18 feet long either on the buildin site or in the adiac ,nt; street; width. length area or partly. in each but not encroaching upon any art of a public sidewalk See Note 1. (ezxistina or vroposed) or roadway. For non-SFD residential use the ininia.lun) width is ; 10 feet, or 17 feet if two-way and serving three or more DU's. For SFD use: (i) Driveway serving any single-bay garage: 12 feet. (ii) Driveway in a Driveways and Maximum front yard serving rear garage or side-facing garage: 12 feet. (iii) Driveway in side private streets width street area of a corner site serving a side-facing garage with three or more bays: 30 See Note 1. feet; (iv) Any other driveway: 20 feet. For other residential uses: 24 ft. (or 35 feet if connecting to a major thoroughfare). For any other use: 30 feet (or 35 feet if Other regulations connecting to a major thoroughfare). apply,* see, e.g. Article 10. For non-SFD uses: 160 feet, driving distance to the nearest street area, measured Maximum along centerline from farthest end point. A longer driveway is allowed if there is an length approved turnaround or second means of egress, or if the drive-way is platted as part of the common area in a QMDS. Route, location See Note 6. N/A Spacing For non-SFD uses: There must be at least 40 feet between the "inside" apron edges (at their narrowest points) of driveways serving the same building site. For SFD use: Hard-surfaced pavement required for ae °^^t^°^a par-king all Pavement Required type vehicular areas; twin "ribbons" of pavement are permitted for driveways. 1or all See Note 4. other uses: Reinforced concrete, with curbs and drains required for all vehicular areas. Exceptions: See Table 7-3 (pervious pavement) and Note 4. Markings; wheel Required type For non-SFD uses: Parking spaces must be clearly marked on the pavement, and stops. wheel stops are required. See Note 12. t Attachment to 8-9-2007 ZPC minutes Curb cuts Number For SFD use: Maximum one per subdivided lot abutting the street. For non-SFD use: Maximum one per 50-ft. segment of street line.See Note 5. Otherregulations Max. width per Four feet (for aprons) plus the maximum driveway width allowed. Each curb cut apply,'see, e.g. 50-ft. segment must be confined to the part of the street area that directly abuts the building site(s) Article 10. of street line served. See Note 1. Visibility triangles Forbidden The following are forbidden on parts of a building site within a visibility triangle: See definitions structures, plants and structures, plants or other things taller than 2.0 ft. or shorter than 8.0 ft. This does in Article 2 other things not require removal of trees in existence on July 1, 1992, if kept pruned. Note 1. Width measurement methods. Minimum driveway width refers to ho## unobstructed vehicular access path and, or norn-SFD use. -pavement. Maximum driveway width refers to maximum width of pavement in a front yard or street area, excluding complying curb cut aprons. Maximum curb cut width refers to the width of the driveway plus aprons, measured at the edge of the roadway. Note 2. Grouped or shared parking . Article 10 also provides for a special exception, in certain circumstances. Note 3. Parking exclusivity (non-SFD uses). Required parking spaces must be kept open, readily accessible and used for parking only, with no sales, dead storage, display, repair work, dismantling or servicing of any kind. Required guest parking spaces must be kept open and reserved for that use only. Note 4. Pavement. The ZBA may issue a special exception to allow other materials if it finds that they will provide equal or better durability. Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Circular driveways specifically allowed by another ordinance are not prohibited. Note 6. Route; Alternating Driveways. Each driveway must connect garage space to the street by the most direct route. On narrow sites where alternate side yard areas apply (see "Yards" table), the following special restrictions also apply: (A) there must be a driveway located as nearly as practicable to one side of the site; (B) the side is determined in accordance with the established driveway pattern for the block face in question, if there is such a pattern; and (C) if there is no such pattern, and if there is an adjacent driveway on one adjoining building site but not the other, the driveway must be on the side farthest from the adjoining driveway. Exceptions: (i) this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City, and (ii) a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7 Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway (or other maneuvering area) in another location or with a different design than prescribed by this ordinance, if it finds that: (i) the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for firefighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations. Note 8. Curb Cuts in PDD-THI. (i) If a building site abuts both Bellaire Boulevard and another street, then all vehicular access shall be from the other street, and no more than two curb cuts shall be allowed. However, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Addition, if Lot 6 is included in the same building site or in a joint development with the other lots, vehicular access shall be limited to one curb cut on Mercer Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to two curb cuts. Note 9. Curb Cuts in PDD-TH5. (i) If a building site abuts both Academy and Bissonnet, no curb cuts on Bissonnet and no more than two curb cuts on Academy are permitted. (ii) If a building site abuts only Bissonnet, there may be no more than two curb cuts. Note 10. Driveways in PDD-TH7. Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in length, or 200 feet if a terminus is provided with dimensions adequate for turning. Note 11. Curb Cuts in PDD-TH2. (i) If a building site abuts both Kirby Drive and another street, there may be one curb cut on Kirby Drive and on each other abutting street. (ii) If a building site abuts only Kirby Drive, vehicular access shall be limited to two curb cuts. Note 12. Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop counts toward minimum parking space dimensions if actually usable as "overhang" and not needed for maneuvering area. Attachment to 8-9-2007 ZPC minutes Amend the second page of Table 7-5a in the same manner as shown above, so that each change also applies to each PDD. Amend subsection (g) of Section 12-103 as follows: (g) Driveways. If the PNC item is non-compliance with driveway regulations in an SF District other than minimum width., inaneuverina area or loading area regulations), PNC status is lost if: (i) a new driveway is constructed, (ii) an existing driveway is either replaced or expanded, or (iii) space is added to the principal building so that its gross floor area is increased to 200 percent or more of its gross floor area on the 1987 effective date. d0ewoqc r~ ~d on Grid q OV Attachment to 8-9-2007 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 July 12, 2007 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 GARAGES, MANEUVERING AREA, ETC. 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: (i) specify the minimum number of garage parking spaces (generally two per dwelling unit, one per dwelling unit for old stock housing); (ii) require that garage spaces in SF Districts be enclosed or semi-enclosed, (iii) change the formula for the maximum number of garage parking spaces in SF Districts; (iv) specify minimum garage dimensions; (v) require garage maneuvering areas with specified minimum dimensions and locations; and (vi) clarify when structures above driveways must be cantilevered or suspended. The principal purpose is to require more garage spaces and make them readily usable, particularly for large 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, Attachment to 8-9-2007 ZPC minutes (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 8-9-2007 ZPC minutes Amendment relating to garages, maneuvering area, etc. 7-10-07 i Amend Table 7-4a as follows: General Rule. Every building si garage space and related structure must conform Table 7-4a: to the applicable regulations sh wn, by District, in this table. ("N/A" means the rule does not apply.) Exceptions/S cial Rules (1) See special rules noted in table. (3) Garage space See Article 9 regarding P ned Development Districts. (3) See Note 1 regarding special exceptions. Item Regulation SF-1 SF- SF-3 TH GR-1 GR-2 C Minimum:.-L02 per DU (1.0 per DU for Garage parking old stock housi ; must be enclosed or Minimum. 2.0 per DU Garage spaces. See semi-enclosed. 64aximum . 1.0 per 2;5500 11T" Z- 1 _ _ ) space, in Article 10. 2,225 sq. ft of building site area, not to Mmust be in anenclos - e. general exceed 4.0. Minimum garage l~ 10 feet wide 20 feet dee for each 12 ft. wide, per spaee 25 deep imensions required ara s ace for each required ara ice j Z Maneuvering Required at-immediately outside garage `opening, to facilitate access, area each re uired ara e Prohibited unless: (i) the garage door is set V i back ten feet or more from the front yard, WOO and (ii) there is only open area above the Door or openin driveway for at least seven feet inward Ma affect eligibility as QMDS. facing front from the front yard, and (iii) any structure See definitions in Article.) street line. above the driveway (and within 10 feet of the front acrd) must be cantilevered or Garage suspended from the building (no special doors or posts or vertical supports being allowed). openings Prohibited unless: (i) the garage door is set back ten feet or more from the side street j line, and (ii) there is only open area above Door or opening the driveway for at least seven feet inward facing side street from the side street line, and (iii) any (May affect eligibility as QMDS. line structure above the driveway (and within See definitions in Article.) 10 feet of the side street line) must be cantilevered or suspended from the building (no special posts or vertical supports being allowed). Garage acces_ Limit on non- Max. 600 sq. ft. GFA in any accessory N/A sory garage space building containing garage space. buildings Attachment to 8-9-2007 ZPC minutes Note 1. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway in another location or with a different design than prescribed by this table, if it finds that: W the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire- fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an existing parkin ..axea; garsga or driveway; or iv) the location or design requested is necessary for safety considerations. 'dimenelsions 2. Garage maneuvering area .For SFl~ use (i) minimum dimensions are 20 ft. long and 10 ft. wide, for each garage space (ii) the area ocated on the building site or in the adjacent street area or partly in and ii' the area may overla an required driveway loading area. For non SFD uses i) mMinimum are 24 ft. long and at1~s2 ft. wider than the garage openinand (i.i) the area must be located y on the building site. Reasonable, usable "overhang" above low landscaping and similar areas may be counted toward required maneuvering area. See also Table 7-5a and Article 10. Amend the second page of Table 7-4a in the same manner as shown above, so that: (i) changes applicable to SF Districts apply to "PDD-SF" Districts and (ii) changes applicable to the TH District apply to "PDD-TH" Districts (but not PDD-C). ~r 6 Attachment to 8-9-2007 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2007 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 GARAGES IN SIDE 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. Note 5 of Table 7-6 of the current zoning ordinance allows some building space (e.g., rear garage) to "project" into an interior side yard, but not closer than three feet to the property line. This proposal would revise Note 5 as follows: (i) clarify that eaves may project closer to the side property line, (ii) clarify that stairways may be in the projecting part of the building, (iii) provide that certain openings may be "translucent (but not transparent)," and (iv) revise and tighten some wording. The principal purpose is to clarify the status of eaves, stairways and openings under Note 5. 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 Attachment to 8-9-2007 ZPC minutes 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 8-9-2007 ZPC minutes Amendment relating to garages in side yards (Table 7-6) C~P~ Revised 8-9-07 Amend Note 5 of Table 7-6 as follows: Note S. Garages In Side Yards. A. building may ro/towardan interior side property line not a side street line if it meets all the following crite ' Eaeh Geting building must meet ll a1 (a) No art of the building may be closer t an It be at least three feet 4 to the x"' (no pr-(~eetialn tI-Z_wc_I 'he side property line. F._xce )tion: Eaves may be as cl se as ches. side streetline being permitted). a 17 aa Y ee x (b) The projecting part may only contain ga ages ace and space above the garage (c) Any projecting part must be at least seven /feet from the front street line. (d) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), it-the building may have no window, door or other opening above the ground floor (and facing the property line of the other building site). Exception: There may be ewe' op etranslucent (but not transparent), non-operable openings or skylights. Page 1 of 1 Attachment to 8-9-2007 ZPC minutes Sallye Clark From: Debbie Scarcella Sent: Tuesday, August 07, 2007 1:27 PM To: Sallye Clark Subject: FW: Garages in the side yard Please include this to hand out on Thursday. From: Steve Ralls Sent: Tuesday, August 07, 2007 12:50 PM To: Debbie Scarcella; Alton Seward Cc: Sean Landis Subject: RE: Garages in the side yard Debbie, Ideally, I would like to see the eaves stop at the 3' line which would leave 6' between the eaves. For every 4 feet of ladder needed to go up, the heel of the ladder moves out 1 foot. It takes approximately 20 - 22 feet of ladder to reach a two story eave. This places the heel of the ladder 5 to 6 feet from a plane perpendicular from the edge of the eave to the ground. Steve Rails Fire Chief Emergency Management Coordinator City of West University Place 3800 University Blvd. West University Place, TX 77005-2802 713.662.5836 - Phone 713.662.5303 - Fax From: Debbie Scarcella Sent: August 06, 2007 15:27 To: Steve Ralls; Alton Seward Cc: Sean Landis Subject: Garages in the side yard Steve and Alton, The ZPC will be considering ordinance amendments that govern garage structures projecting into the side yard setback. The ordinance is currently not clear on what portions of the garage building can project. These amendments will hopefully clear up what can project and how far. The issue that ZPC was interested in obtaining your comments on was the allowance for the eaves to project into the 3 foot setback. Keep in mind that building code requires any structure within 3 feet of a property line to be one hour protected and contain 0 openings, including soffit vents, etc. in that area. Please look this over and forward any comments to me. The ZPC will be discussing this amendment this Thursday, August 9. Thank you for your help. Debbie Scarcella 8/7/2007 Attachment to 8-9-2007 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2007 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. Note 3 of Table 7-6 of the current zoning ordinance allows some building space (e.g., accessory buildings, garage space) to "project" into a rear yard. This proposal would revise Note 3 to provide that certain openings may be "translucent (but not transparent)." The principal purpose is to clarify Note 3. 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 Attachment to 8-9-2007 ZPC minutes "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Attachment to 8-9-2007 ZPC minutes Amendment relating to buildings in rear yard (Table 7-6) 8-9-2007 Amend Note 3 of Table 7-6 as follows: Note 3. Buildings In Rear Yard or SF Bufferyard. A building maybe located in a rear yard or SF Bufferyard if it meets all of the following criteria: (a) No part of it bl may be closer than five feet to the rear property line (or to any SF District, if in a SF Bufferyard). (b) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), it may have no window, door or other opening above the ground floor (and facing the property line of the other building site), except for opaque t ~insluc ent (but riot_._trans j_i.), non-operable openings or skylights. (c) Space in any projecting building may only be used for single- family (detached) use. (d) A principal building may not project unless the ground floor of the projecting part is at least 51% garage space, and there is no more than 600 square feet of building space, other than garage space, in the projecting part. See garage restrictions in Article 10. Attachment to 8-9-2007 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2007 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 DEFINITION OF STRUCTURES 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 existing definition of "structure," The principal purpose is to amend the definition of "structure" to help with enforcement. 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 Attachment to 8-9-2007 ZPC minutes 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 8-9-2007 ZPC minutes Amendment relating to definition of "structures" 8-9-07 Amend the definition of "structure" as follows: Structure. Anything made by humans which: (i) is not readily portable; (ii) is usually left in one location for an indefinite period of time; or (iii) requires either permanent or fixed location on or in the ground or attachment to something having a permanent or fixed location on or in the ground for its use. Examples of structures, which do not limit this definition, are: sculptures; lampposts; sidewalks; driveways; playground equipment and facilities; buildings; flagpoles; antennas and pools. A human-made object that remains in one location for 180 days or longer is presumed to be a structure if it weighs more than 250 pounds or is attached to the ground (or a structure); this presumption is rebutable. Attachment to 8-9-2007 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2007 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 OLD STOCK HOUSING 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 existing definition of "old stock housing," housing does not qualify if: (i) it had more than 1,700 square feet of gross floor area when built, or (ii) it currently has more than 3,400 square feet of gross floor area. This proposal would: (i) eliminate the 1,700-square-foot original size restriction (but keep the requirement that the housing be more than 40 years old), and (ii) change the current size restriction from 3,400 square feet to "twice the gross floor area of all the buildings on the site when originally built." Changing this definition would affect not only the zoning ordinance but also other building-related ordinances (see Section 18-20 of the Code of Ordinances). The principal purpose is to expand the definition of "old stock housing." 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 Attachment to 8-9-2007 ZPC minutes 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 8-9-2007 ZPC minutes Amendment relating to definition of "old stock housing" (alternate version) 8-9-07 Amend the definition of "old stock housing" as follows: Old stock housing. One or more buildings on a site meeting all the following criteria: (i) the principal building was built more than 40 years previously t a greys floor- area of 700 she feet er-less, and (ii) the gross floor area of all buildings on the site does not euffefitly exceed 3,40 exceed twice the gross floor area of all the buildings on the site when originally built. 3" Attachment to 8-9-2007 ZPC minutes Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2007 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 OLD STOCK HOUSING 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 existing definition of "old stock housing," housing does not qualify if it had more than 1,700 square feet of gross floor area when built. This proposal would eliminate that size restriction (but keep the requirement that the house be more than 40 years old). Changing the definition would affect not only the zoning ordinance but also other building-related ordinances (see Section 18-20 of the Code of Ordinances). The principal purpose is to expand the definition of "old stock housing." 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 Attachment to 8-9-2007 ZPC minutes 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 8-9-2007 ZPC minutes Amendment relating to definition of "old stock housing" (base version) 8-9-07 Amend the definition of "old stock housing" as follows: Old stock housing. One or more buildings on a site meeting all the following criteria: (i) the principal building was built more than 40 years previously with ^ gross floof are of 1,70-0 sgu re f et of le and (ii) the gross floor area of all buildings on the site does not currently exceed 3,400 square feet.