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HomeMy WebLinkAbout10082009 ZPC Agenda Item 4 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 AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING FENCES, VISIBILITY AND EMERGENCY ACCESS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the preliminary report also proposes amendments to the Code of Ordinances of the City; and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on 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 Manager may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager Joshua W. Golden Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 13, 2009 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the Zoning Ordinance and Code of Ordinances of the City of West University Place, Texas ("City") relating to FENCES, VISIBILITY AND EMERGENCY ACCESS To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The purpose of this proposal is to 1) improve emergency access associated with masonry fences and other solid walls, 2) manage certain obstructive hedges in front yards, and 3) rationalize the treatment of "visibility triangles" in the Code of Ordinances and the Zoning Ordinance. 1). This proposal amends Chapter 18 of the Code of ordinances to require "emergency portals" in fences, walls and other obstructions. The main purpose is to allow access to all sides of each building within the City, so that firefighters and emergency personnel can enter the building, place ladders, fight fires, etc. Emergency portals could be: (i) gates or doors with key boxes allowed by the International Fire Code, or (ii) breachable gates or fence segments (usually wood or wrought iron). This proposal maintains some access to utility easements where they intersect streets by requiring one such portal in the easement area (this would most often apply at the rear of corner lot). 2). The main purpose of this proposal is to restrict hedges that function like fences in much the same manner as the code currently restricts fences. 3). This proposal also simplifies and harmonizes existing ordinances that restrict fences, trees, and other obstruction in so-called "visibility triangles" by amending Chapter 82 of the Code of Ordinances and Table 7-6, Projections Schedule of the zoning ordinance. There are two types of visibility triangles; the larger type (with 20 foot sides) is located where two streets intersect, and the smaller type (with five-foot sides) is located where a driveway and a sidewalk intersect. The restrictions for each type of visibility triangle are different, and they are currently found in different ordinances. There are conforming amendments in this proposal for the Zoning Ordinance, including amendments of definitions and cross- references to the new provisions in Chapters 18 and 82 of the Code of ordinances to make them more understandable and consistent. The exact wording of the proposal is attached, much of which is the reorganization of existing language rather than the introduction of new concepts. The Commission believes that this proposal will enhance public safety and help reinforce existing standards for visibility and streetscapes in the city's neighborhoods. Preliminary Recommendation. 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, (iii) 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: Steve Brown, Dick Yehle, Bruce Frankel, and Alan Elkowitz voted "aye;" 0 "noes;" Mac McManus and Selby Clark absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Proposal relating to fences, visibility and emergency access Revised 8-13-09 per Zoning and Planning Commission action Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows: Sec. 18-208. '-nee-gets-Einergency portals; visibility areas. Ems. (a) Generally location The primary purpose of this subsection is to provide access to all sides of each building so that firefighters and emergency personnel can enter the building, place, ladders fight fires etc. If such access is blocked b fences walls or other obstructions there must be at least two emergenc portals each with a minimum width of 30 inches and they must be located to allow access to the sides and rear of the b1111ding, as follows: (1) Usually there must be one portal on each side of the building facing; the front street line, but on corner sites one may face the side street line. 2 If there is a fully or partially-en osed utility easement that intersects a street area adjacent to the site there must be an emergency 12 1 to allow emergency access to the easement area from the street area. (b) Allowed tomes of portals An emergrechcy-portal maybe either: (i) a gate or door with a key box complying with the International Fire Code (see 506, 1) or (u) a breachable fence segment or Gate A segment or gate is "breachable" if it is primarily made of wood or wood substitute not thicker than one inch in either case) or wrought iron. c Certain existing obstructions. Until December 1 2014 it is an affirmative defense to prosecution for lack of emerencyportals that: (i) existing fences, walls or other obstructions blocked the required access on December 1 1009 and (u) thev were not replaced of structurally altered thereafter. (d) Visibility areas Fences walls and other things are forbidden in certain visibility areas See Chapter 82 of this Code. Sec. 18-210. Masonry construction. Masonry fences must be made of brick, vitrified clay tile, concrete tile, or monolithic reinforced concrete, and must be built according to the following specifications: (1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be only of brick or monolithic reinforced concrete construction. (2) Pilasters shall be placed on not more than 12-foot centers, or adequate steel reinforcing shall be placed in the whole fence. (3) Expansion joints shall be placed on not more than 24-foot centers. (4) The fence shall have a foundation which shall rest on drilled footings sunk to approved bearing soil. Such footings shall be not less than 12 inches in diameter, and each footing shall have not less than four one-half-inch ties on three-foot centers. Foundation beams shall be not less than 12 inches wide and not less than 18 inches deep with not less than four five-eighths- inch reinforcing rods and three-eighths-inch ties, on not less than 30-inch centers. (5) . . )pening of 30 inehes ffmst be Wilt for- ingfess and egfess into any pubhe easement. Emergency portals may be required; see above. Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows: Note 8. Fences may project into front and side yards to the extent expressly required or authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidential uses; provisions in PDD schedules for front fences.) Also in the Code of ordinances there are: (i ) reauirementS 6)r emerQencv portals in fences (Chapter 18) and (ii) restrictions 'Ira &II ces. 'enc e like' hedges" and other think in visibility areas (Chanter 82) In a QMDS low fences (3.5 feet or lower) may be located anywhere, if made of ornamental metal or white pickets. Proposal regulating fence-like hedges Revised 8-13-09 per Planning and Zoning Commission action Amend Section 82-7 of the Code of Ordinances (Urban Forest Preservation and Enhancement Ordinance) as follows: Sec. 82-7. Visibility triangle areas; trees. hedges, etc. 14 shall be-ufilawful for- any per-soft to plant, grow or- maintatit any , visibility tfiangle, if U- pfebably Will. have) a hei,-.'--+- greater- th a Offee feeH&wve above the stfeet guttff flew line. It is presumed that a per-sea whe owns of eefit's ----I pr-epeAy tr-iaagle-a~ r-emove glf.&Arths prohibited by this seetion, and the----- liability e ethe- (a) Obstructions proh)bTte(1 Obstructions are prohibited in visibility areas as indicated in the following table: Area Obstructions prohibited Point for vertical measurement Driveway visibility Any part of a fence, wall, Adjacent grade level triangles 121ant or ether thin = aloe at the intersection of three feet. the driveway and sidewalk. Street visibility Tree branches or foliage Standard base level. triangles below eight feet and any past. of any other plant above three beet. (b) Conduct unlcavvtul It shall be unlawful for any person to: (i) plant, grow, construct, install or maintain any obstmetion_prohibited by this section or (ii) allow any such obstruction oil property the person owns or controls. (c) Certain trees It is an affirmative defense to prosecution for a tree in a driveway visibility area that the tree was planted before Jul 1 1992 and has no limbs or foliage below six feet. (d) Prior non confcyming status ntcertain fence-like hedges. It is an affirmative defense to prosecution related to a fence-like heck e that: 1 the hedge was in. existence and not rn compliance with Chapter 82 on. December 1 201)9; (2) the hedge was not located in a visibility area: 3 the hedge has never been altered or maintained to conform to this section. (e) I'rfi~rcement The city may enter a visibility area and remove any gro yth prohibited by this section and the city shall have no liability for taking .or not taking such action. (f Teriraination Notwithstanding anything to the contrary contained in subsection, all fence-like hedges must be made compliant with the Code no later than December 1 2014 at which time subsections d and of this Section 82-7 shall be of no further force or effect and the same may be removed from this Section without further action. In Section 82-1 of the Code of Ordinances, delete the existing definition of "visibility triangle" and insert the following new definitions (to be inserted in alphabetical order with the others): Driveway, tiisil~ilit>> trican~le means the area within a triangle beginning at the intersection of the edge of a driveway and the inside edge of a sidewalk (i.e. the edge farthest from the roadwa . From the intersection point. the first side of the triangle extends five feet inward (away from the roadway) along the edge of the driveway, the second side of the triangle extends five feet along the ed e of the sidewalk awa from the drivewa , and the third side is a straight lint connecting-the extended ends of the first two sides If there is no sidewalk, the building official shall designate the probable location of a future sidewalk which shall then be used as if it were an existing sidewalk A typical driveway will have two such triangles one on each side. T_he visibility trian>?le may inclttdc both public and private property. The building official -nay prepare example diagrams showing driveway visibility triangles. Fence like hedu as used in this Chapter has the same meaning defined in Appendix A, Section 2-102 of the Code (Zoning Ordinance). Street visibility triamde means the area at a street corner lying within a triangular area beginning at the intersection point of the curbs of the two streets forming the corner (which will normally be a tangent point on ,..a curved curb-line . Sides of the triangle extend 20 feet alone each curb line (away from the intersection point following any cunves in the curb). The third side is a straight line connecting the exterided ends of such 20-toot curb-line sides. if there is no curb on such a street the central flow line of the gutter or ditch is used instead. The triangle may include both public and private property. The building official may prepare example diagrams showing street visibility triangles. Visibility area include4 a street visibility triangle and a driveway visibility tria Visibility triangle --A- _47 'IQ feet e* fie eufb ea sueh a s4eet, the 20 feet line defined in zening or-diflanee sheAl fellow the een 111cludes a street visibility triangle and a driveway visibility triangle. Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway visibility triangle" and amending the definition of "visibility triangle," as follows: 4he edge feet i11W__J 1--ga-, f, M.. the r-eadway~ a4eng the edge of the driveway, the seeend side of the m4tp.qds fi-ve feet a4eng the edge of the sidewalk -we-414-em +.e driv ay,Elfl , one en eaeh side. Sueh triangles may ifielude areas wMia, and net-within, a Iding site. -Affl- ey.ample-diagfam shewing driveway visibility tfian les is attaehed to this or-&-m- a-md ma& a paA hefeef_ Visibility triangle. This term includes both "driveway visibility triangle" as defined in this Ordinance and "street visibility triangle" as defined in Chapter 82 of the Code of Ordinances. Amend both pages of Table 7-5a of the Zoning Ordinance as follows: Visibility The fellewing are for-bidden on paAs ailding triangles Forbidden k within triangle- so- 0.1 es pl-a-4 See structures, other- things taller- them 2.0 ft. er- shefter- them 8.0 de€initiens plants and in ale other things T ' 1992, kept ep{ rae See Chapter 82 of the -2 Code of Ordinances. Amend Table 7-6, Projection Schedule as follows: Table 7-6. Projections Schedule, cont. Amend the "Fences" subcategory within "Certain Accessory Structures" as follows: TABLE INSET: Special Rules For Type Of Structure Maximum Allowed Projection (In Inches), Measured Calculating From The Inside Edge Of The Yard. Open & Pervious Areas SF Front Rear Side Yard Bufferyard Yard Yard The area may count No as both Basketball 120„ No limit limit generally, No limit open area goals but see Note and pervious area. The area may count as both Playground 0 No limit 0 No limit open area equipment and pervious Certain area. Accessory The area Structures may count Certain as both Accessory Flagpoles 120" 0 0 0 open area Structures, and continued pervious area. The area Fences and 0, but see No limit, but does not fence-like Notes 8,- No limit see Notes No limit count as 8. J, 8.2, 8.1, 8.2 and either open h~ and 12. 11. or pervious area. The area 0, but counts as Swimming 0 see Note 90, but see Note No limit open area. pools 9 Only the water area counts as pervious area. The area counts as open area Tennis but not courts ( pervious associated 0 0 0 No limit area screens) (unless the area is made of grass). The area No limit No limit No limit may count Lights generally, generally, No limit as both generally, but see but see generally, but g ' butsee open area Note 10. Note 10. see Note 10. and Note 10. pervious area. The area may count No limit as both Gate 2411 No limit No limit open area closers and pervious area. The area Signs (see does not Code of No limit 0 0 0 count as Ordinances) either open or pervious area. Amend and renumber Note 8 of Table 7-6 of the Zoning Ordinance as follows: Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidential uses; provisions in PDD schedules for front fences). Also in the Code of Ordinances tliere are: 0) requirements for emergency portals in fences (Chapter 18) and (h) restrictions on fences "fence-like hedges" and other things in visibility areas (Chapter 82). In a QMDS low fences (3.5 feet or lower) may be located anywhere, if made of ornamental metal or white pickets. Add new Note 8.2 to Table 7-6 of the Zoning Ordinance as follows: Note 8.2. Fence-like he(4ge,v. Fence-like hedges within ten feet of a front yard line of a site containrn& a principal building which faces a front street line and fence like hedges perpendicular to the street are not prohibited Visibility triangles and visibility areas as defined by this ordinance, are subject to firrther restrictions as contained in Chapter 82 of the Cocle of Ordinances. Add new definition to Section 2-102 of the Zoning Ordinance as follows: Fence-like hedge means a contiguoLrs arrangement of vegetation or foliate whether occurrjrr in a straight or curved line (i) having the characteristics of a fence; (H) forming a physical barrier greater than 50% of the width of the lot, and (iii) growing higher than five feet above Standard base level. Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold a joint public hearing in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City's Zoning Ordinance (and Code of ordinances), as follows: Fences, visibility and Emergency Access. The purpose of this proposal is to 1) improve emergency access associated with masonry fences and other solid walls, 2) manage certain obstructive hedges in front yards, and 3) rationalize the treatment of "visibility triangles" in the Code of Ordinances and the Zoning Ordinance. 1). This proposal amends Chapter 18 of the Code of Ordinances to require "emergency portals" in fences, walls and other obstructions. The main purpose is to allow access to all sides of each building within the City, so that firefighters and emergency personnel can enter the building, place ladders, fight fires, etc. Emergency portals could be: (i) gates or doors with key boxes allowed by the International Fire Code, or (ii) breachable gates or fence segments (usually wood or wrought iron). This proposal maintains some access to utility easements where they intersect streets by requiring one such portal in the easement area (this would most often apply at the rear of corner lot). 2). The main purpose of this proposal is to restrict hedges that function like fences in much the same manner as the code currently restricts fences. 3). This proposal also simplifies and harmonizes existing ordinances that restrict fences, trees, and other obstruction in so-called "visibility triangles" by amending Chapter 82 of the Code of Ordinances and Table 7-6, Projections Schedule of the Zoning Ordinance. There are two types of visibility triangles; the larger type (with 20 foot sides) is located where two streets intersect, and the smaller type (with five-foot sides) is located where a driveway and a sidewalk intersect. The restrictions for each type of visibility triangle are different, and they are currently found in different ordinances. There are conforming amendments in this proposal for the Zoning Ordinance, including amendments of definitions and cross-references to the new provisions in Chapters 18 and 82 of the Code of ordinances to make them more understandable and consistent. Additional details on the proposals as well as the Zoning Ordinance and Code of Ordinances are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance and Code of Ordinances would apply generally within the City, and any person interested in such matters should attend the hearings. The proposals may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance or Code of Ordinances. Date: /s/City Secretary