Loading...
HomeMy WebLinkAbout01092008 BSC Minutes OOLM) City of West University Place A Neighborhood City ® Recycled Paper Building & Standards Commission Located in the Bill Watson Conference Room, 3800 University Blvd, West University Place, Texas 77005 Meeting Minutes January 9, 2008 MEMBERS PRESENT: Bryant Slimp, J. Denis Powers, Dave Miller, Muddy McDaniel, Frank Griffin and Gerry Spedale MEMBERS ABSENT: David Flame, Brian Hoogendam and Dr. Peter Benjamin STAFF PRESENT: Building Official Sean Landis, City Planner Debbie Scarcella, Permit Technician Josie Orosco, James L. Dougherty and Urban Forester Craig Koehl GUESTS PRESENT: Robert Riquelmy and Les Albin [Call to Order] Bryant Slimp called the meeting to order at 6:08 p.m. 1. Notices, Rules, Etc. Bryant Slimp welcomed BSC members, visitors and staff members to the • meeting. Bryant Slimp stated Gerry Spedale would be the alternate voting member. Bryant Slimp asked for an update regarding the construction on Bellaire Blvd. Debbie Scarcella and Craig Koehl stated it is a combination project to replace the storm drains wit the City of Houston, City of Southside, City of West University Place and the Drainage District. 2. Meeting Minutes. Dr. Peter Benjamin made a motion to approve the December 6, 2007 minutes as amended. Dave Miller seconded the motion. AYES: Bryant Slimp, Brian Hoogendam, Dr. Peter Benjamin, Frank Griffin and Dave Miller. NOES: None. ABSTAIN: None. Meeting minutes passed. 3. Old Stock Housing. Bryant Slimp stated he asked for this to be put on the agenda for discussion. The Zoning and Planning Commission is in the process of changing definition of "old stock house". Dave Miller pointed out that he would be remodeling his home shortly and lives in what is now defined as an "old stock house". The home doesn't cross the time threshold but there may be some implications on the size of the original house and one could argue Dave Miller may be somewhat compromised. James Dougherty stated that if Dave Miller was sure it would affect him differently then it would from the public, then he should fill out an affidavit to recuse himself. Debbie Scarcella gave a brief history regarding the progress of this agenda item by the Planning and Zoning Commission. Debbie Scarcella stated there is a definition in Chapter 18 that would be changed once the proposed amendments are approved. There was general discussion regarding Brian Hoogendam's submitted comments. Debbie Scarcella gave a brief run down of how the joint public hearing process works. Frank Griffin asked why changes were • being made now. Debbie Scarcella stated there have been several variances that have gone before the Zoning Board of Adjustments. People with old stock housing who wanted to do minor alterations to their homes and they were just over the 1,700 square footage requirement had to go before the Zoning Board of Adjustments to get a variance. The amended changes is as follows: 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Building and Standards Commission Meeting Minutes January 9, 2008 • One or more buildings on a single family dwelling site meeting all the following criteria, (i) the principal building was built before 1980, and (ii) the gross floor area of all buildings on the site 9at the given time) does not exceed 200% of the gross floor area of all the buildings on site when the principal building was built. There was general discussion regarding how the recommended definition was generated. There was general discussion regarding the year a home was built to be considered an "old stock house". Dave Miller made a motion that BSC agrees in principal with the changes recommended by the Zoning and Planning Commission but strongly urges that the date for determination of old stock housing be moved back to 1960 instead of the 1980 as proposed. Gerry Spedale seconded the motion. AYES: Bryant Slimp, J. Denis Powers, Gerry Spedale and Dave Miller. NOES: None. ABSTAIN: None. Motion passed. 4. Urban Forest Code Amendments. James Dougherty discussed the recommended changes to Sec. 82.4, Tree Permits from the last BSC meeting. The discussion from the last meeting was whether you can get permission to cut down trees of a building, proposed building, pool or proposed swimming pool verses other structures such as light poles, fences, etc. BSC felt buildings and swimming pools should be in one category by themselves since they are more difficult to do. Subsection (f) Contents was also added. James Dougherty also discussed the recommended changes to Sec. 82.5, Replacement Trees. He stated generally there are going to be replacement inches when you get a permit to cut a tree. There will be something in the forestry manual that may exempt you from this requirement, such as the canopy coverage exemption and maybe a couple of other exemptions in the manual. The forestry manual will govern the number, • sizes, species, location, planting and maintenance of replacement trees. There was general discussion regarding the proposed location replacement trees. The following are the recommended changes: planting in a street area within 1,000 feet of the affected area, in a street- side yard within 1,000 feet of the affected area, with the consent of the yard owner, or providing replacement commitments through a tree trust or the UFEF. Dave Miller asked if some verbiage could be put in the recommended changes stating that planting in the street area within 1,000 feet of the affected area be consistent with existing City policies. Replacement and special commitments were also discussed. A replacement commitment must guarantee planting and maintenance of a tree in the city, in accordance with the forestry manual. With the approval of the urban forester, the commitment may guarantee the equivalent of replacement through maintenance or enhancement of tress in public spaces of the city. A special commitment may be granted with the approval of the urban forester, a replacement commitment from a tree trust or the UFEF may either guarantee planting in the future, e.g., during the winter season or guarantee planting if a tree dies or declines within a certain time period (and provide for a refund if it does not). There was general discussion regarding the observations from the sample permit exercise. Items discussed were the canopy coverage and what areas to be included in the canopy coverage area, associated cost of replacement requirements, cost of planting trees, and the canopy area calculations per proposed ordinance. BSC decided to have a workshop meeting on Thursday, January 24, 2008 at 6:00 pm. [Adjournment] J. Denis Powers made a motion to adjourn. Gerry Spedale seconded the motion. AYES: Bryant • Slimp, J. Denis Powers, Gerry Spedale and Dave Miller. NOES: None. ABSTAIN: None. Meeting adjourned at 9:04 p.m. PASSED THIS1DAY OF , 2008 Page 2 of 3 Building and Standards Commission Meeting Minutes January 9, 2008 Bryant Slimp, ChairmaTf7 ATTEST: qc~,k Q Ms. Josie M. Orosco, Permit Technician Attachments: James L. Dougherty's proposed tree amendments to Sec 82.4; Tree Permits and Sec 82.5; Replacement Trees • • Page 3 of 3 Urban Forest Ordinance Update: Sec. 82.4. Tree permits Draft 1-7-08 Current Proposed See. 82.4. Tree permits. (a) When required. A tree permit is required to damage or remove any four-inch-or-larger tree (anywhere in the City) or any two-inch-or-larger tree (located in any street area). (b) Application. Any person may apply to the a building official for a tree permit. The application must include: (i) the standard application form, fully-completed and signed; (ii) the standard application fee, if any; (iii) a tree survey, if required by the forestry manual; and (iv) a i replacement tree planting plan, if required by the forestry manual. (c) Eligibility. A tree permit may be issued when the application shows: (i) compliance with this chapter, the i forestry manual and other applicable regulations, and (ii) that each tree fits at least one of these categories: Table 82-4. Trees allowed to be removed or damaged Hazardous. Trees causing unavoidable serious safety hazards (disregarding any proposed structures); e.g., they are structurally unsound or block views of traffic. Diseased, damaged, dead, suppressed. Trees that are dead, terminally diseased, severely damaged or severely suppressed by other tree(s). Interfering with building or pool. Trees interfering with a lawful building or swimming pool, existing or proposed, but only if, based upon a detailed presentation of alternatives by the applicant, the urban forester determines that there is no reasonable alternative that would avoid 1 removing or damaging the tree. Interfering with other structure. Trees interfering with a lawful structure (other than a building or swimming pool), existing or proposed, but only if the BSC issues a special exception after finding that: (i) the circumstances are unique or exceptional; (ii) the interference is serious, unavoidable and likely to persist longer than one year, and (iii) there is no reasonable and feasible alternative that would preserve the tree. Upgrading. Class III or IV trees to be removed, but only if the urban forester considers all trees in or near the affected area and determines that removal will upgrade the urban forest, because, e.g.: (i) removal would end suppression of a higher-valued tree, or (ii) the permit requires one or more higher-value replacement trees in the affected area. (d) Advice, conditions. The urban forester shall advise the building official and BSC about applications and permits. They may insert permit conditions to carry out this chapter. (e) Issuance; BSC. The building official is the "issuing official" (see Chapter 18). However, BSC approval is required for: (i) an application to remove or damage a heritage tree, and (ii) an application referred by the building official because it involves an especially high impact on the urban forest, or because it does not clearly show eligibility for the permit. • (f) Contents. Tree permits shall be in a form prescribed by the building official and shall contain: (i) provisions for replacement trees, when applicable, and (ii) any conditions prescribed by the issuing official. • • Urban Forest Ordinance Update: Sec. 82.5: Replacement trees Draft 1-7-08 4 Current Proposed Sec. 82-5. Replacement trees. Sec. 82-5. Replacement trees, generally. (a) Number of replacement trees . Tree disposition (a) When required. Every tree permittee shall replace trees conditions and tree permits authorizing removal of or removed or terminally damaged, unless exempted by the forestry damage to large trees or protected trees shall normally manual. require replacement by one or more newly-planted trees on (b) How and where. The forestry manual governs the the same subject site according to the "replacement inch" number, sizes, species, planting and maintenance of replacement stipulations in the criteria manual. To the extent on-site trees. The permittee shall plant replacement trees in the affected replacement is not feasible, the permittee may choose to: area of the tree permit. However, to the extent that the urban (1) Plant and maintain off-site replacement trees forester determines that it is not feasible (or not desirable) to within 1,000-feet of the subject site, subject to the plant in the affected area, the urban forester may allow the provisions of the criteria manual; permittee to replace trees by: (listed in order of preference) (i) (2) Provide a replacement-inch certificate from a tree planting in a street area within 1,000 feet of the affected area, (ii) trust or the UFEF, as provided in this section and the planting in a street-side yard within 1,000 feet of the affected criteria manual; or area, with the consent of the yard owner, or (iii) providing (3) Provide replacement inches by some combination replacement commitments through a tree trust or the UFEF. of the foregoing methods. (c) Replacement commitments. A replacement commitment Regardless of the method or methods chosen, the number of must guarantee plating and maintenance of a tree in the city, in replacement inches planted on the subject site, plus those accordance with the forestry manual. With the approval of the provided by alternate methods, must equal or exceed the urban forester, the commitment may guarantee the equivalent of number calculated according to the replacement inch replacement through maintenance or enhancement of trees in stipulations in the criteria manual. public spaces of the city. (b) Minimum size. Replacement trees must normally (d) Special commitments. With the approval of the urban have a trunk diameter of at least two inches measured six forester, a replacement commitment from a tree trust or the inches from the ground. If ten inches or more of UFEF may: (i) guarantee planting in the future, e.g., during the replacement inches are required by a permit, one winter season, or (ii) guarantee planting if a tree dies or declines replacement tree for each ten inches must have a trunk within a certain time period (and provide for a refund if it does diameter of at least four inches, measured six inches from not). the ground. Example: If 24 replacement inches are required, there must be at least two replacement trees with a trunk diameter of four inches or more. The urban forester may prescribe proportionally smaller trunk diameters for species of trees typically smaller than normal. (c) Qualified trees under zoning ordinance. To be a "qualified tree" under the zoning ordinance, a tree must comply with the definition of "qualified tree" set out in section 82-2. (d) Standard of review . The urban forester shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize any undue burden resulting from this chapter. (e) Trees in street areas . Before authorizing the establishment or maintenance of a tree or decorative landscaping (or any related appurtenances such as lighting or a watering system) in a street area, the building official must: (1) Be satisfied that V.T.C.A., Transportation Code ch. 316 has been complied with; and (2) Determine there would be no violation of the provisions of this chapter relating to visibility triangles. The building official is designated by the city council to make the determinations contemplated by V.T.C.A., Transportation Code § 316.003. (f) Replacement inch certificates . If a tree trust or the UFEF issues an effective "replacement inch" certificate to the city, as provided in the criteria manual, the "replacement inches" described in the certificate are treated the same as replacement tree inches actually planted as of the date of the certificate. (g) Replacement inch credits. An owner of a site in the city who plants a class I or class II tree on that site is eligible to receive a credit for future "replacement inches." The owner may use the credit to offset the number of "replacement inches" assessed for protected trees removed from the same site at any time in the future. Credits are subject to the following: (1) Issuance . Credits are only available for trees registered with the urban forester within 30 days following the day they are planted. Registration requires application and proof of planting. The registration form shall specify the size and species of each tree planted and its location on the site. (2) Measurement . The number of replacement inches actually credited is determined by the urban forester at the time an offset in requested, based on the health and size of the previously-registered trees and applying the provisions of the criteria manual regarding calculation of replacement inches. (3) Transferability . Credits are not transferable to another site but may be claimed by subsequent owners of the same site. (4) Records . The city is not responsible for keeping registration or other records of credits. A person claiming a credit must present documents to show that the credit is available and applicable. (h) Urban Forest Enhancement Fund . The urban forest enhancement fund (UFEF) of the city is hereby ,ftestablished. The UFEF is subject to all restrictions on public funds and other funds of the city, including the requirement for annual budgeting. However, money in the UFEF may only be budgeted and spent for the following purposes: (1) Purchasing, planting or otherwise providing trees in public spaces in the city; (2) Maintaining or otherwise enhancing trees in public spaces in the city; or (3) Matters necessary or incidental to the above. Deposits may be made into the UFEF by gift or other transfer. The director of finance is authorized to accept such deposits on behalf of the city and to issue: (1) Acknowledgments in the name of the city; and (2) "Replacement inch" certificates as provided in the criteria manual. (Code 2003, § 22.005; Ord. No. 1772, app. A, 8-16-2004) 0