Loading...
HomeMy WebLinkAbout01102008 ZPC Agenda Item 2 30 r~uls~ o hf 0~ • ~vr r~ City of West University Place Harris County, Texas 4hiE) I Ordinance No. lb AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY WEST UNIVERSITY PLACE, TEXAS REGARDING GARAGES IN SID YARDS; 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 lop University Place, Texas ("City") has submitted a preliminary report on a proposal to r amend the comprehensive zoning ordinance of the City, as last reformatted and re- t-,e" JJ adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as 4J Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 AttesVSeal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 i ~ Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 January 10, 2008 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to GARAGES IN SIDE YARDS Cjb, pe- 4~~o To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subje t proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. Note 5 of able 7-6 of the current zoning ordinance allows some buildi g space (e.g., rear garage) to "project" into an interior side ard, if the separation from the property line is at least thre feet. This proposal would revise Note 5 to: (i) Jmake the req .ire- separ to io proportional Lheexisting ~ the wide onysites at leas 55 feet wide (where the separation would be 6% of the site width), but maintain three-foot minimuz55 e; allow eaves to beal~st ^n° ~~~t closer to the side property line; clarify that stairways and eaves may be in the projecting pa t of the building; ( ) provide that certain openings may be "t anslucent (but not tr sparent);"(hat l eliminate a reference to "skylights," and (7) r ise and tighten some wording. i(~ lip The principal purposes re to specify arage setbacks proportional to site width and to clarify tae status of eaves, stairways and openings under Note 5. Cv~~' i ~ Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By For the Commission Amendment relating to garages in side yards (Table 7-6) Revised alternate version, 1-10-08 Amend Note 5 of Table 7-6 as follows: Note S. Garages In Side Yards. A htiildirt~ rna% reject toward an interior side property line (not aside trt Est lMe) if it Beets all thefollov.irt criteaia. 11-; ]A 1 1 Of i (a) No pmt of the bUiltlin niav he closer t ,+t~~~~~/~~"~~ to the side property li is tus", d' . ~ttildtiitc; t~ Glt ~ !,_i"C;l` )Tlf31l: ~aV;s TTlsl 13c as Cl.oSe Bpi"~T"~S'$k.+ l+iJ tl~ (Y ii~ i~8 FC^STCl1~~6~3 4' ~TS'!•'~ i~-V £ d ~ ~ g i Y.~i-5T AGbTCi~t (b) The projecting part may only contain garage space and space above the garage (c) Any projecting part must be at least seventy 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 tottildiiig may have no window, door or other opening above the ground floor (and facing the property line of the other building site). EX(AIAN.011: Thcs-c Illay he tt°~ t, lt~certt {bt~t trot ttat ~°enC), non-operable openings of skylights. Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: Garages In Side Yards. 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, if the separation from the property line is at least three feet. This proposal would revise Note 5 to: (i) make the required separation proportional to the site width on sites at least 55 feet wide (where the required separation would be 6% of the site width), but maintain the existing three-foot minimum separation for lots less than 55 feet wide; (ii) allow eaves to be at least one foot closer to the side property line; (iii) clarify that stairways and eaves may be in the projecting part of the building; (iv) provide that certain openings may be "translucent (but not transparent)," and (v) revise and tighten some wording. Additional details on the proposal(s) as well as the Zoning ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current zoning Ordinance. Date: /s/ Kay Holloway, City Secretary • i City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DEFINITION OF STRUCTURES; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. • i Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 i • Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 January 10, 2008 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to 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. In the current ordinance, certain functional criteria define "structure" (e.g., something not portable, usually left in one place, fixed to the ground, etc.) The proposal adds a specific category to this definition: "A canopy or similar object designed or used to shelter a motor vehicle, a boat or similarly-sized items . . .even if it is readily portable, frequently moved and unattached." The principal purpose is to regulate awnings, canopies and similar objects that can resemble carports. Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By For the Commission Amendment relating to definition of "structures" 1-10-08 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, czano pp_~ (Lr j_~,,S:! t~>~Icr oa motor yehick% a boat or S,Inil rl s'ze l 1tens is (ICCII)ed to b a c\en 1''t _is rcaidi ~ po t.abie, ~_re~.€ently 1--i . IVIOV d wind gii ati:aaclied, Exhibit 8 NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: Definition of Structures. In the current ordinance, certain functional criteria define "structure" (e.g., something not portable, usually left in one place, fixed to the ground, etc.) The proposal adds a specific category to this definition: "A canopy or similar object designed or used to shelter a motor vehicle, a boat or similarly-sized items . even if it is readily portable, frequently moved and unattached." (Insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary D • City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING GARAGES IN SIDE YARDS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 AttesVSeal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 January 10, 2008 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to 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, if the separation from the property line is at least three feet. This proposal would revise Note 5 to: (i) make the required separation proportional to the site width on sites at least 55 feet wide (where the required separation would be 60 of the site width), but maintain the existing three-foot minimum separation for lots less than 55 feet wide; (ii) allow eaves to be at least one foot closer to the side property line; (iii) clarify that stairways and eaves may be in the projecting part of the building; (iv) provide that certain openings may be "translucent (but not transparent);"(v) eliminate a reference to "skylights," and (v) revise and tighten some wording. The principal purposes are to specify garage setbacks proportional to site width and 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 hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By For the Commission Amendment relating to garages in side yards (Table 7-6) Revised alternate version, 1-10-08 Amend Note 5 of Table 7-6 as follows: Note 5. Garages In Side Yards ~1 ~ tildi i nia' .htt3~~ ~ t ~~'..krd ail hlterlo r'id prooc rtv Iin not .1 Sicte stl-ccl' mec'i" aII the I'c~Ilow'llv_ crifcria. , (a) -'~o art of the bg Hdin" 111,1% be'loser 4-must 1 ...a-t e&,t.. the side property line tlib~w 6) three feel t IC I)Uildifll_Y Site is less 01,111 4;5 feet wide. or 01) r ot' Llle 1}t.tilc.Ii_1itc wic#tli. if 111l~t.iltli~f etc; at Ica-,t55 1_a~,d~ f r~~~~~trr,aa:qNrt~y17e as c]c~ a's: t 1) two feet if the k1iicliilz site iS ICs tIi z~~ (yet idea i>r ' i) 4"i, of the 11t~ilcir?le site EN-idtli, tiie hu'U112 l,ltC iS It 'i "i 1 ;k:et aV &J-ih5 }1'( 4'- ttief,I tokA'i3td I112' '(1e -'tfee4 Iif .e 4e€i=t(b) The projecting part may only contain garage space and space above the garage (c) Any projecting part must be at least seventy 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), ~-iji,c bu' JJdii'ia may have no window, door or other opening above the ground floor (and facing the property line of the other building site). I;:rc, 9tle~w Tlicr €1-~a be eA-t7 - W =1ot 1i a11,,,t.~~i1vbll,l, non-operable openings n~gkts. Exhibit 8 NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: Garages In Side Yards. 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, if the separation from the property line is at least three feet. This proposal would revise Note 5 to: (i) make the required separation proportional to the site width on sites at least 55 feet wide (where the required separation would be 6% of the site width), but maintain the existing three-foot minimum separation for lots less than 55 feet wide; (ii) allow eaves to be at least one foot closer to the side property line; (iii) clarify that stairways and eaves may be in the projecting part of the building; (iv) provide that certain openings may be "translucent (but not transparent)," and (v) revise and tighten some wording. Additional details on the proposal(s) as well as the Zoning ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current zoning ordinance. Date: /s/ Kay Holloway, City Secretary City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. . s ~ Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 December 13, 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: (i) had more than 1,700 square feet of gross floor area when built, (ii) is less than 40 years old, or (iii) currently has more than 3,400 square feet of gross floor area. This proposal would: (a) eliminate the 1,700-square-foot original size restriction, (b) change the "rolling" 40-year age test to a date certain (pre- 1980), and (c) change the size restriction from 3,400 square feet to 11200% of the gross floor area of all the buildings on the site when the principal building was built." Changing this definition would affect three provisions in the zoning ordinance and other building-related ordinances (see Section 18-20 of the Code of Ordinances). The proposal includes conforming amendments to those provisions and Section 18-20. The principal purpose is to expand the definition to encourage the preservation and renovation 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 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 i ~ Amendment relating to definition of "old stock housing" (alternate version) 12-13-07 Amend the definition of "old stock housing" in the Zoning Ordinance as follows: Old stock housing. One or more buildings on a SFD site meeting all the following criteria, at any given time: (i) the principal building was built before 1980, mere than nn yeafs Pre`v'ivtisly with a gross floor " ° of 1,700 ° e feet ar-'°°°, and (ii) the gross floor area of all buildings on the site (at the given time) does not exceed 200% of the gross floor area of all the buildings on the site when the principal building was built. Amend Note 6 of Table 7-3 in the Zoning Ordinance as follows: Note 6 Old Stock Housing. The ZBA may issue a special exception to reduce the open area requirement in the rear yard, if the ZBA determines: (i) the reduction is reasonably necessary to preserve or protect old stock housing; as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings on the site, that does not exceed 200% of the gross floor area of all the buildings on the site when the principal building was built, before 1980), of 3,400 squar-e feet);-and (ii) there will be no substantial adverse impact upon nearby properties. Amend Note 13 of Table 7-6 in the Zoning Ordinance as follows: Note 13. Old Stock Housing. The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the ZBA determines: (i) the projection is reasonably necessary to preserve or protect old stock housing; as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings on the site, that does not exceed 200/0 of the gross floor area of all the buildings on the site when the principal building was built, before 1980), of 3,400 squar-e foot), and (ii) there will be no substantial adverse impact upon nearby properties. Amend Section 11.104 of the Zoning Ordinance as follows: Section 11-104. Variances for old stock housing. The ZBA may consider protection or preservation of old stock housing as a factor in determining whether the "hardship" test for a variance is met, either for such housing as it then exists or as it may be proposed to be remodeled or expanded buildings, of 3,400squafe feet). Amend paragraph (1) of subsection (d) of Section 18-20 of the Code of Ordinances as follows: (d) Permissive factors. In considering a variance, the BSC may take the following into account: (1) Whether the variance will assist in the protection or preservation of historic structures or in the protection or preservation of old stock housing (as such housing then exists or as it may be proposed to be remodeled or expanded)., tip to a total bHildings, of 3,400 ~iqtiar-e feet). Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning ordinance, as follows: Old Stock Housing. Under the existing definition of "old stock housing," housing does not qualify if it: (i) had more than 1,700 square feet of gross floor area when built, (ii) is less than 40 years old, or (iii) currently has more than 3,400 square feet of gross floor area. This proposal would: (a) eliminate the 1,700-square-foot original-size restriction, (b) change the "rolling" 40-year age test to a date certain (pre-1980), and (c) change the size restriction from 3,400 square feet to 11200% of the gross floor area of all the buildings on the site when the principal building was built." Changing this definition would affect three provisions in the zoning ordinance and other building-related ordinances (see Section 18-20 of the Code of Ordinances). The proposal includes conforming amendments to those provisions and Section 18-20. [Insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current zoning ordinance. Date: /s/ Kay Holloway, City Secretary 1• City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING GARAGES, MANEUVERING AREA, ETC.; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 September 13, 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) require at least two garage parking spaces per house (or one per house, for old stock housing) in single-family districts (SF Districts); (ii) require such garage parking spaces to be enclosed or semi- enclosed and adjoining a driveway; (iii) change the formula for the maximum number of garage parking spaces; (iv) specify minimum garage parking space dimensions in SF Districts; (v) specify minimum garage maneuvering areas in SF Districts; and (vi) specify when structures above driveways must be cantilevered or suspended. The proposal includes some clarifying changes and reorganization. The principal purpose is to require more garage spaces and make them readily usable. 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) r i 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; m absent. i Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By For the Commission ~ i Amendment relating to garages, maneuvering area, etc. 9-13-07 Amend Table 7-4a as follows: General RuleEvery building site, garage space and related structure must Table 7'4a 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 Garage space noted in table. (3) See Article 9 regarding Planned Development Districts. (3) See Note 1 regarding special exceptions. SF'-1 SF-2 SF-3 TH GR- GR- C Item Regulation 1 2 Garage Garage Min e E,_ s: : 4~ , per DU 1, M Min,-,-i,.1 2.0 per DU space, in parking ust be -q r, general spaces. See enclosed Article 10. Max i ~jr 1.0 per 2'714() of building site area, not to exceed 4.0. Minimum Ii' i. 12 ft. wide , ~ garage 25 ft. deep Wrj dimen- sions Garage Maneuver- Z'- doors or ing area openings Door or Prohibited unless: (i) the garage door is set back ten (May affect eligibility opening feet or more from the front yard, and (ii) there is as QMDS. See facing only open area above the driveway for at least definitions in Article 2.) front seven feet inward from the front yard, and (iii) any street line. structure above the driveway must be cantilevered or suspended from the building (no special posts or vertical supports being allowed). Door or Prohibited unless: (i) the garage door is set back ten (May affect eligibility opening feet or more from the side street line, and (ii) there as QMDS. See facing side is only open area above the driveway for at least definitions in Article 2.) street line seven feet inward from the side street line, and (iii) any structure above the driveway f.' must be cantilevered or suspended from the building (no special posts or vertical supports being allowed). Garage Limit on Max. 600 sq. ft. GFA in any accessory building N/A accessory non-garage containing garage space. buildings space 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: (i) 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 parking area, garage or driveway: or (iv) the location or design requested is necessary for safety considerations. 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). Amend subsection (c) of Section 10-102 as follows: (c) .->>~_,,F r .'ManeuveringAreas. In addition to the minimum dimensions for parking spaces, there must be sufficient driveways and other maneuvering areas to allow ordinary, practical use of each ,parking space d;:~,km:a k 1 3, 1 1 l10;" `t l i1 t £Iz ti ea': kt` aF4 .r.. t'{ }iRf4E '.:3 t1.C ...Pair'lflE=#tb<'}?c rE}: £3.. 1FT;1!`,S, i£ C.'i' =i lilS(t _lf,._i E' "?cEskllI _sf) £){ll ~sl he 3 _ fWdii i elv 1t3 id 41he ~ S1 i 4Z_ I` 11. !1l t"le In i ',!n al _ W Ii'E_.ll J l l Ire O 4 a, d to fia ~sJf"t__'1C 1 Wit)?d!'t',, i llk ~ Tile 3ifilllT11 t i',Yi?~'f' <.)l `lf,l !.l c!elerllli_t~_5 ItPI ! z: l'I C'1'E'III Coll 11tT 11'21.f:1Cii1 ;.i~ { 1 a{' E t/E:tl 1 E 1.11t'{t;h i£'3 't1I ills .t. a~ cf l:[w 7 iC E' <l:~1.1°, 1. aEl Y'4tC f r_ttlT£i;?1QIiC11,3'il ~`1tt "~~~aYl ~~1#1CE 1~ `-t£e;'y~~2Ct13~ <IPII'i ts1~ l~1tJcll'fa~l iliclC Eli' ~i~C;;'t~.`(_~: i{J1 PIE, 1ta11tt1p r 'm, ,r { 1 l't l'<s! F Cl,( ti€ .t el{ _l U .!-1.1 lC ll._ F E_-' _ _ { e. e 1 illaP t aI"72 =lJ3r, i1: 1{ 71,E :,t P ,',Ll Ft, 1e r j 1211? lhl! (2) Maneuvering areas may not be counted toward the required number of parking spaces (except on sites with SFD use only). (3) Maneuvering areas must be sized and arranged so that a large vehicle can leave the street driving forward, enter any required parking space driving forward, park in that space, and then re-enter the street area driving forward, all with no more than two stops to change directions. As used in this section, "large vehicle" means a truck 18 feet long, with a turning radius of 24 feet (outside of bumper). P tc:g -T t {m:. tt~rr.. {rl3 r }.}r? lc 6L.:..ac}.::'>tl ...i} #t P'.~ l hit:? t 1 xl lJ 5% t l.fli £ 1"}' 'll1t 1t7;1~:: 3l Y L 1 .`d J t 13 C t "a r.l_ . i ~ Exhibit 8 NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: Garages, Maneuvering Area, Etc. The proposal would: (i) require at least two garage parking spaces per house (or one per house, for old stock housing) in single-family districts (SF Districts); (ii) require such garage parking spaces to be enclosed or semi-enclosed and adjoining a driveway; (iii) change the formula for the maximum number of garage parking spaces; (iv) specify minimum garage parking space dimensions in SF Districts; (v) specify minimum garage maneuvering areas in SF Districts; and (vi) specify when structures above driveways must be cantilevered or suspended. The proposal includes some clarifying changes and reorganization. [Insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING BUILDINGS IN REAR YARDS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 December 13, 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)." It would also eliminate a reference to "skylights." 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 - ~ i follows: Commissioners voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Amendment relating to buildings in rear yard (Table 7-6) 12-13-2007 Amend Note 3 of Table 7-6 as follows: Note 3. Buildings In Rear Yard or SF Bitff ryard. A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria: (a) No part of 4 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 non-operable openings c(i. (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. Exhibit 8 NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: Buildings In Rear Yards. 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)." It would also eliminate a reference to "skylights." [Insert others] Additional details on the proposal(s) as well as the Zoning ordinance are all available for public inspection in the municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current zoning Ordinance. Date: /s/ Kay Holloway, City Secretary