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HomeMy WebLinkAbout03132008 ZPC Agenda Item 2 x • • 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 p.m. on February 25, 2008. Each hearing may be recessed and continued to the City Council meeting set to being at 6:30 p.m. on March 10, 2008, 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 proposals to amend the City's Zoning Ordinance, as follows: 1. Mechanical Equipment in Rear Yard. The current ordinance requires mechanical equipment (e.g., air conditioning equipment) located in a rear yard to be installed near the ground. Before the current ordinance took effect, some equipment was lawfully installed above the ground (e.g. on an elevated stricture). The proposal would allow replacement of such equipment on the same structure and in the same location. The proposal would require a wall (at least 50% solid, such as lattice) to separate the equipment from the rear lot line. 2. 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: (1) allow eaves to be as close as two feet to the side property line; (ii) clarify that stairways and eaves may be in the projecting part of the building, provide that certain openings may be "translucent (but not transparent)"; (iv) eliminate a reference to "skylights"; and (v) revise and tighten some wording. 3. 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." 4. Old Stock Housing. Under the existing definition of "old stock housing," housing does not qualify if it: (1) 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 "200% 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. Notice of Public Hearing 1 5. 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 regardless of whether it is readily portable, frequently moved or unattached." The proposal also specifies that any such objects will lose "PNC status" (prior non-conforming status) after October 1, 2008. 6. Driveways and parking. The proposal would: (1) specify a 10-foot minimum driveway width (unobstructed vehicular path); (ii) allow pervious pavement beneath required parking spaces, as an alternative to hard-surfaced pavement; (iii) require, in addition to garage parking spaces, an extra parking space between the garage and the public roadway (and not atop a sidewalk). The proposal mainly applies to single- family detached houses (SFD use). It includes details for measurement and locations, some cross-referencing and a special rule for some prior non-conforming driveways. 7. Garages, Maneuvering Area, Etc. The proposal would: (1) 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. Additional details on the proposals 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 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. /s/ Gayle Shultz, Assistant City Secretary (January 30, 2008) Notice of Public Hearing 2 City of West University Place Harris County, Texas Ordinance No. 1859 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING MECHANICAL EQUIPMENT 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 25~rn . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on ap4i A JT 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. 4 • • 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 1 c.,2~ 20c5 Attest/Seal: 015941011"1 Signed: / l Assistan ity Secretary j V, ay Recommended: Prepay d: City Manages James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 I v Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 July 12, 2007 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to MECHANICAL EQUIPMENT IN REAR YARDS To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The current ordinance requires mechanical equipment (e.g., air conditioning equipment) located in a rear yard to be installed near the ground. The proposal would allow replacement equipment to be installed on an elevated structure, if there is older equipment lawfully installed on that structure. The proposal would require a wall (at least 500 solid, such as lattice) to separate the equipment from the rear lot line. The principal purpose is to allow replacement equipment to be installed where there is existing equipment, which should help to avoid expensive retrofitting and help to save energy (retrofitting generally involves longer coolant lines, which are less efficient). Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the 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 znkbar) F3rowrn, HDr(VrV4dnd WM4M5 voted "aye; " no "noes; " 9AVer') beloff ppd 146f) absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission r ~ • i Amendment relating to mechanical equipment in rear yard (Table 7-6) 7-9-07 Amend Note 6 of Table 7-6 as follows: Note 6. Equipment In Rear or Side Yard. REAR YARD: Indicated equipment may project into a rear yard only if: (a) separating the equipment from any building site across the rear lot line, there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City, the City has issued a separate acquiescence or consent to the occupancy of the easement; (c) there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official; (d) the base of the equipment is not higher than 14 inches above the ground (Exception: the base may be elevated to the minimum level of the lowest floor of the principal building, as established by the City's flood damage prevention ordinance, if that level is higher than 14 inches above the ground.), and (e) if located within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 of the Code of Ordinances. SIDE YARD: Indicated equipment may project into an interior or street side yard (but not closer than three feet to a property line) only if it is fully encased in a sound-absorbing cabinet, or is otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 of the Code of Ordinances. However, equipment replacing older equipment in a side yard may project as close as 18 inches to a property line, if the fire marshal determines that such projection will not significantly interfere with emergency access, either on the same site or on another site NEW AND REPLACEMENT EQUIPMENT: These rules apply to all new and replacement equipment. Exception: If older equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be installed on the same structure in the same location. If the older equipment was lawfully installed without the required separating wall, the wall must be provided but it may be either solid or at least 50% solid (e.g., lattice). All other rules apply. 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: Mechanical Equipment in Rear Yard. The current ordinance requires mechanical equipment (e.g., air conditioning equipment) located in a rear yard to be installed near the ground. This proposal would allow replacement equipment to be installed on an elevated structure, if there is older equipment lawfully installed on that structure. The proposal would require a wall (at least 50% solid, such as lattice) to separate the equipment from the rear lot line. 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/ Gayle Schultz, Assistant City Secretary v` • • City of West University Place Harris County, Texas Ordinance No. 1860 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 h. a5 ~oo~ The hearing ma be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on ,9~W 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. j 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 9 20 d ZS Attest/Seal: ZCZ Signed: &I - - Assistarj~bty Secretary Mayo Recommended: Prepared- ' City Manag r 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) allow eaves to be as close as two feet to the side property line; (ii) clarify that stairways and eaves may be in the projecting part of the building; (iii) provide that certain openings may be "translucent (but not transparent);"(iv) eliminate a reference to "skylights;" and (v) revise and tighten some wording. The principal purpose is to clarify the status of eaves, stairways and openings under Note 5. Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a joint public 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 6rj;k},-i ) C.la,'kj Ft,.j)Ldity) Sraf5~16) yehle voted "ave; " ua4CQ.a) McMwW3 "noes;" No ONi 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) As recommended by ZPC, 1-10-08 Amend Note 5 of Table 7-6 as follows: Note 5. Garages In Side Yards. A building rnayproject toward an interior side property line (not rp~ti, a side street line) if it meets all the following criteria: E-a - t tea: (a) No part of the building may be closer than three feet it fflust-b ~ least t ~ feet 44:A4:A to the side property line. Exception: Eaves may be as close as two feet. _Ole tewar-d the side +,-~?~1;---1e;, Y ;rro ll (b) The projecting part may only contain garage space and space above the garage ~pItis (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), 47the building may have no window, door or other opening above the ground floor (and facing the property line of the other building site). Exception: There maybe epaq etranslucent (but not transparent), non-operable openings. 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) allow eaves to be as close as two feet to the side property line; (ii) clarify that stairways and eaves may be in the projecting part of the building; (iii) provide that certain openings may be "translucent (but not transparent);"(iv) eliminate a reference to "skylights;" 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/ Gayle Schultz Assistant City Secretary City of West University Place Harris County, Texas Ordinance No. 1861 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 reforrriatted 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 /yj 10, a,0 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. i I I E i PASSED, APPROVED, ADOPTED AND SIGNED on - 20o_~ 44 Attest/Seal: Signed:_ /d/ ZA Assist t City Secretary Mayor Recommended: Prepar d: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 II I I 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 follows: Commissioners Qccun)l~iJflCQl1~1''tlK"SjCI147witZ, Yehie. Nark" voted "aye;" no "noes;" no one, absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Y' For the Commission {i i Amendment relating to buildings in rear yard (Table 7-6) 12-13-2007 Amend Note 3 of Table 7-6 as follows: Note 3. Bit ildings In Rear Yard or SF Bicfferya.rd. A building maybe located in a rear yard or SF Bufferyard if it meets all of the following criteria: (a) No part of it t1 e kti1 hI 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 epaqxe-tratislucent (i-)w ;xot traiisparet.t,, non-operable openings or-slams. (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. i 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: 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." 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/ Gayle Schultz Assistant City Secretary 1 • • City of West University Place Harris County, Texas Ordinance No. 1862 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 _j), c;EA . The hearing may be recessed and continued to the City Council meeting set'to begin at 6:30 p.m. on ITA:e a icy}awe 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. i 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 - M d. Signed: Attest/Seal: 4(1~j4 ,~(ssistqtYt City Secretary Mayor Recommended: Prepared: City Manag r James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 I i 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 "200% 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 4s follows: Commissioners N-m-nd -A1 Y 1 P'1cktno CI ViC,Yt:AJffi~. yCwrkt 'V Af5e.! "aye;" no "noes;" no Orl t y 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, mare than ^n years sl it f4oer- area of Inn square f et or less, and (ii) the gross floor area of all buildings on the site (at the given time) does not uFfen y °.___°d 3,400 square feet 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 square 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% of the gross floor area of all the buildings on the site when the principal building was built, before 1980), Of 3~ ^-~sUafe feet); 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 p to ^ total press floor- ea f^r all buildings, of 3,400 square feet1 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 expandedl., up to a total b buildings,3,400 square feet). i i 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 "200% 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. 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/ Gayle Schultz, Assistant City Secretary City of West University Place Harris County, Texas Ordinance No. 1863 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 ' FZL,~S ~2w&" . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on (i1A LO', 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 -off 2069 . AttesVSeal: - 2Z~ Signed: XV A ssista ity Secretary May Recommended: Prepared: WA City Manage 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 i 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 . . . , regardless of whether it is readily portable, frequently moved or unattached." The proposal also specifies that any such objects will lose "PNC status" (prior non-conforming status) after October 1, 2008. The principal purpose is to regulate awnings, canopies and similar objects that can resemble carports (and provide a reasonable period of time for existing objects to be brought into conformance). 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 dre,,n, CJu,K~DiuxCtn,tl~CC~WrtL~M~Ma~x~S~ $f~i~hvoted "aye;" no "noes;" OrJE absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ~7~ By J For the Commission i Amendment relating to definition of "structures" As recommended by ZPC, 1-10-08 Amend the definition of "structure" as follows; Structure . Anything made by humans which: (1) 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 canopy or similar object designed or used to shelter a motor vehicle a boat or similarly-sized items is deemed to be a structure regardless of whether it is readily portable, frequently moved or unattached. Amend the chart in Section 12-103, subsection (h), by adding the following as the last row: Nonconformance with building Time period ending on October regulations by a canopy or 1, 2008. similar object designed or used to shelter a motor vehicle, a boat or similarly-sized items. (Note: Under this amendment, the described objects lose "PNC status" (prior non- conforming status) after October 1, 20081 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: 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 . . , regardless of whether it is readily portable, frequently moved or unattached." The proposal also specifies that any such objects will lose "PNC status" (prior non-conforming status) after October 1, 2008. 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/ Gayle Schultz, Assistant City Secretary City of West University Place Harris County, Texas Ordinance No. 1864 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DRIVEWAYS AND PARKING; 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 _'SG_ ~;o~ .The hearing may be recessed and continued to the City Council meeting set begin at 6:30 p.m. on ~Ir~ cis l0` --im' 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. ~I 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 _1- _,206)9 a Attest/Seal: - CL Signed: //-J,// Assista City Secretar Mayo Recommended: Prepared.- City Managed James . 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 ~I 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 DRIVEWAYS AND PARKING 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 Counci_ as well as other interested persons. Scope of Proposal. The proposal would: (i) specify a 10- foot minimum driveway width (unobstructed vehicular path); (ii) allow pervious pavement beneath required parking spaces, as an alternative to hard-surfaced pavement; (iii) require, in addition to garage parking spaces, an extra parking space between the garage and the public roadway (and not atop a sidewalk). The proposal mainly applies to single-family detached houses (SFD use). It includes details for measurement and locations, some cross-referencing and a special rule for some prior non-conforming driveways. The principal purposes are to make driveways easier to use and require extra parking spaces that would not block sidewalks. Such an extra space could also be used as a loading or unloading area. 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 BrowntInaba. Albin~WMQlU6 voted "aye;" no "noes," S~ J~er~N©rcw~tz~ l absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Amendment relating to driveways and parking 9-13-07 Amend table 7-5a as follows: General Rule Every building site, vehicular area and related structure must Table 7-5a: conform to the applicable regulations shown, by District, in this table. ("N/A" means the rule does not apply.) Exceptions/,Special Rules(1) See special Parking, driveways, etc. rules noted in table. (3) See Article 9 regarding Planned Development Districts. (3) See Note 7 regarding special exceptions. (4) See Article 10. SF 1 SF 2 SF 3 TH GR-1 GR 2 C Item Regulation Off-street parking Number, Depends on land use, layout, etc. See this Table, Table 7-4a, and Article 10 spaces and location, size, (including man eu vering areas, design requirements, "same site"rule, yards, parking areas design street areas, loading spaces, etc.). Grouping or Not allowed, except in a QMDS platted parking reserve serving two or more Other regulations sharing. DU's. But see Note 2. apply; see, e.g. Article 10 Use of parking Parking spaces for non-SFD uses may only be used for motor vehicle parking. areas See Note 3. Maneuvering See Article 10. areas Emergency Minimum 20 ft, via public or private street, to each principal building and each DU (or accessway width. to an adjacent open area accessible to firefighters and equipment). Other See Note 1. regulations also apply, e.g, fire code. Driveways and Minimum For SFD use: 10 ft. private streets width. For non-SFD residential use: 10 feet, or 17 feet if two-way and serving three See Note 1. or more DU's. Other regula tions Maximum For SFD use W Driveway serving any single bay garage 12 feet. (ii) apply; see, e.g. Article 10. width (in front Driveway in a front yard serving rear garage or side-facing garage 12 vard or street feet. (iii) Driveway in side street area of a corner site serving a side- area) facing garage with three or more bays: 30 feet. (iv) Any other driveway See Note 1. 20 feet. For other residential uses: 24 ft. (or 35 feet if connecting to a major thoroughfare). For mall other uses: 30 feet (or 35 feet if connecting to a major thoroughfare). Maximum For non-SFD uses: 160 feet. driving distance to the nearest street area, length measured along centerline from farthest end point. A longer driveway is allowed if there is an approved turnaround or second means of egress, or if the driveway is platted as part of the common area in a QMDS. Route, location See Note 6. NIA Spacing For non-SFD uses There must be at least 40 feet between the "inside" apron edges (at their narrowest points) of driveways serving the same building site. Pavement Required type For SFD use Hard-surfaced or pervious pavement required for each required See Note 4. parking space. Twin "ribbons" of pavement. are permitted. For all other uses Reinforced concrete, with curbs and drains required for all vehicular areas. Exceptions: (i) See Table 7-3 (pervious pavement) and Note 4 below. (ii) See Article 10 regarding "overhang.'. Markings; wheel Required type For non-SFD uses= Parking spaces must be clearly marked on the pavement, stops. and wheel stops are required. See Note 12. Curb cuts Number For SFD use: Maximum one per subdivided lot abutting the street- For non-SFD uses= Maximum one per 50-ft. segment of street line. Otherregulations See Arote 5. apply; see, e.g. A2-title 10. Max. width per Four feet (for aprons) plus the maximum driveway width allowed. Each curb 50-ft. segment cut must be confined to the part of the street area that directly abuts the of street line building site(s) served. See Note 1. Visibility triangles Forbidden The following are forbidden on parts of a building site within a visibility See definitions structures, triangle: structures, plants or other things taller than 2.0 ft. or shorter than in Article 2 plants and 8.0 ft. This does not require removal of trees in existence on July 1, 1992, if other things kept pruned. Note 1. Width measurement methods. Minimum driveway width refers to bothunobstructed vehicular access path and, for non SFD use. -pavement. Maximum driveway width refers to maximum width of pavement in a front yard or street area, excluding complying curb cut aprons. Maximum curb cut width refers to the width of the driveway plus aprons, measured at the edge of the roadway. [Remaining notes not amended] Amend the second page of Table 7-5a in the same manner as shown above, so that each change also applies to each PDD. Amend the top two lines of the table in Section 10-100 (Off Street Parking) as follows; Use or type of space Minitnurn number- of parking spaces SFD use an a building site eontai^i^^ c nnn The number of garage parking spaces required by r f* m Article 7 plus one additional space located between the required garage space(s) and the public roadway. The additional space may be on the building site or in the adjacent street area (or partly in each), but may not encroach upon any part of a public sidewalk (existing or proposed) or the roadway.'_." " "''ng siteee: Amend subsection (g) of Section 12-103 as follows: (g) Driveways. If the PNC item is non-compliance with driveway regulations in an SF District, PNC status is lost if: (i) a new driveway is constructed, (ii) an existing driveway is either replaced or expanded, or (iii) space is added to the principal building so that its gross floor area is increased to 200 percent or more of its gross floor area on the 1987 effective date. This subsection does not apply to non- compliance with minimum dimensions for a driveway (or maneuvering area) on a site with SFD use only. 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: Driveways and parking. The proposal would: (i) specify a 10-foot minimum driveway width (unobstructed vehicular path), (ii) allow pervious pavement beneath required parking spaces, as an alternative to hard-surfaced pavement; (iii) require, in addition to garage parking spaces, an extra parking space between the garage and the public roadway (and not atop a sidewalk). The proposal mainly applies to single-family detached houses (SFD use). It includes details for measurement and locations, some cross-referencing and a special rule for some prior non- conforming driveways. 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/ Gayle Schultz, Assistant City Secretary r i City of West University Place Harris County, Texas Ordinance No. 1865 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 d,.b. ~S A-bg . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on cr /0 at the same place, unless rescheduled. The City Manger may reschedule eitherjdate 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 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. i i PASSED, APPROVED, ADOPTED AND SIGNED on I- 2 S 20 OA. Attest/Seal: Clj~ Signed: r Assist t City Secretar 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) 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 a5-)~L~Yk- PYGWn I OlDn) MrfLnLL3 voted "aye;" no "noes ; -G I we ) f~.fc), Absent . Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission I i I I I I i I Amendment relating to garages, maneuvering area, etc. 9-13-07 Amend Table 7-4a as follows: General Rule Every 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 G R G R C Item Regulation - Garage Garage Minimum. :-02_0 per DU (1.0 per DU for old stock Minimum=. 2.0 per DU_ space, in parking housing); each must be enclosed or semi- each-. Mmust be in n general spaces. See enclosed and adjoin a driveway. enclosed gar-age. Article 10. Maximum:- 1.0 per ~u00 2,225 sq. ft of building site area, not to exceed 4.0. Minimum Nt4-10 feet wide, 20 feet deep (for each required 12 ft. wide, pegs aee~ garage garage parking space) 25 ft. deep (for each parking required L- space parking space) dimen- sions Garage Maneuver- NSA , Rye zd at arge epening. See A49te9-. See Article 10. 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 (and within 10 feet of the front yard) must be cantilevered or suspended from the building (no special posts or vertical supports being allowed). Door or Prohibited unless: W 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 (and within 10 feet of the side street line) 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 f • • 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. b l are--.- 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) ^ d4 na4 neuvering_4reas. 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 required parking space, &-'a1 _ Maneuvering- areas must also comply with the following: (1) S ^ + 1 bn^ b -fling gar-age n4aneuvering ea-. To facilitate access to each required garage parking space there must be a maneuvering area immediately outside the garage opening. For SFD use: (i) the minimum dimensions are 20 ft. long and 10 ft. wide for each space, unless the administrative official determines that a different configuration will allow average-sized vehicles to enter and leave the space easily (and approves the configuration as part of an official site plan); and (ii) the area may be located on the building site or in the adiacent street area or partly in each. For non- SFD uses the minimum dimensions are 24 ft. long and 2 ft. wider than the garage opening and the area must be located entirely on the building site. (2) Maneuvering areas may not be counted toward the required number of parking spaces (except on sites with SFD use only). (3) Maneuvering areas (except those serving only one or two dwelling units) must be provided, 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). > r ` Ti, d i rl , tO Maneuvering areas that serve enly one or two 4welling units. (4) Reasonable usable "overhanz" above low landscaping and similar areas may be counted toward required maneuvering area. 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, 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. 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/ Gayle Schultz, Assistant City Secretary WRITTEN COMMENTS J QUESTION OR COMMENT FORM Please print: Please use this card if you have a question you would like the Zoning and Planning Commission to answer or if you have a comment you would like included in the official record of this meeting: nn /2oa1 e l~rop Wk4t 06G ur wte l~ Gt d 2 a~~ ~d~f~~ ~~Gm ar ~ Cr~~, wl do w ~ oD~as~~ c~ ~~t~~~l,~,►~~a~ G ~ ~ ~ u ~ ~ ~ fir- a ~oa~ • ~ l~ V r o~ ~a u 0o al 126(,110 Lcctev cirri e e o a e r 19 r 2 o or uPs (ui se o her sid if necessary, and check here: ) J Da e: 2 Z ~ U Name: ft y Ll_ l y (~~'3'I`~ 1 Address: `7 Z Phone: Email: QUESTION OR COMMENT FORM Please print: Please use this card if you have a question you would like the Zoning and Planning Commission to answer or if you have a comment you would like included in the official record of this meeting: (Use other side if necessary, and check here: ) Date: - " .W. Name: Address: s Phone: ~ ~'I 66 ~si) Email: 4. f' 6&tl QUESTION OR COMMENT FORM Please print: Please use this card if you have a question you would like the Zoning and Planning Commission to answer or if you have a comment you would like included in the official record of this meeting: (Use other side if necessary, and check here: ) Date: / Name ?"h 1 _y t rl[~; ti~ Address: Phone: n `'-i Email: VJnr t r 4✓~ AGAINST SPEAKER SIGN-UP FORM Please print I want to speak during this public meeting. I want to address the following issues:, < • -Q /-D Date: Name: T ~,A ,4a. t e,~ Address: n Wit. if i _ pl Phone: Email: L k M 1 1 jtj AGAINST SPEAKER SIGN-UP FORM Please print I want to speak during this public meeting. I want to address the following issues: Date: a Name: S ✓t. i l l Address: ~i f r~ _ y Phone: Email: February 25, 2008 JOINT PUBLIC HEARING SPEAKER SIGN-IN ROSTER IF YOU WISH TO SPEAK TO THE CITY COUNCIL DURING THE CITIZEN COMMENTS AGENDA ITEM PLEASE SIGN-IN Ase register only if you wish to appear before the City Council. List the subject you wish to address and check the time allotment you request. WHEN YOUR NAME IS CALLED, PLEASE APPROACH THE MICROPHONE AND STATE YOUR NAME AND ADDRESS NAME ADDRESS SUBJECT 1 MINUTE 2 MINUTES 3 MINUTES February 25, 2008 JOINT PUBLIC HEARING SPEAKER SIGN-IN ROSTER IF YOU WISH TO SPEAK TO THE CITY COUNCIL DURING THE CITIZEN COMMENTS AGENDA ITEM PLEASE SIGN-IN Ase register only if you wish to appear before the City Council. List the subject you wish to address and check the time allotment you request. WHEN YOUR NAME IS CALLED, PLEASE APPROACH THE MICROPHONE AND STATE YOUR NAME AND ADDRESS NAME ADDRESS SUBJECT 1 MINUTE 2 MINUTES 3 MINUTES AWL • • Page 1 of 2 Debbie Scarcella From: William Treadway [bill@treadwayrealtygroup.com] Sent: Tuesday, February 19, 2008 5:11 PM To: Debbie Scarcella Subject: Upcoming P & Z Changes #1 Mechanical Equipment Makes sense #2 Garages in side yards Makes sense #3 Buildings in Rear Yards Makes sense #4 Old Stock Housing: In my opinion, the new definition does violence to the concept of old stock housing. The new definition goes too far in including much later homes that the older bungalow style homes as "old Stock". Many of the old original bungalows (such as ours at 4016 Amherst) will not qualify if they have been updated to any significant degree. Our first floor (I-R, DR Kitchen 2bdr 1 bath) is about 1400 feet. It had a second story added in the 1990s that took it up to approx 2800 sqft so we are already at (and maybe over the 200% rule. To exclude this home from classification as old stock is prima facia evidence that the proposed rule need work. In my mind, old stock should be limited to homes with the original main floor perimeter walls intact which were built before 1960. Thats it. #5 Definition of Structures Makes sense #6 & #7 Driveways and Parking Driveway width minimum of 10' and # of parking spaces: I feel that these are unnecessary and intrusive regulation. If someone can't make it up and down a 9' wide driveway, and additional 6 inches is not going to solve that problem, nor is it the citys business to do so. What's next bowling lane pillows?. Seriously, the market will deal with things such as driveway width and number of parking spaces very effectively if we address parking on the streets and on sidewalks. Both of these proposals are an intrusion which substitute the commissions judgement for the owners in an area that has little or nothing to do with safety or any of the other typical entry points for code regulation.... in my humble opinion. If we don't want people parking on the sidewalks or lelaving their cars on the streets for more than a clay, pass such an ordinance and have the West U PD give out warnings (stickers would work) for 90 days and then start fining violators. That will get the job done. If officers have camera phones (even I do), then there will be few protests. This is an enforcement issue, not a zoning issue Bill Treadway Broker Associate John Daugherty Realtors 713-561-6671 Direct 281-850-8141 Cell Page 2 of 2 832-550-2615 Fax Ank ~/~5/'~(111R From: Becky Arnold [mailto:beckysa@sbcglobal.net] Sent: Monday, February 25, 2008 11:58 AM To: Sallye Clark Subject: Amendments to Zoning Ord. Sally, Would you please pass this on to the Zoning and Planning Comm. and City Council. If I am reading it correctly I think the proposed amendment regarding "Mechanical Equipment in Rear Yard" would allow A/C units currently located on the 2ND floor behind a garage to be replaced in the same location with a few modifications. I think it is imperative that any modification of the ordinance include language prohibiting additional equipment added to the top of the units as to be visible from the ground. We have to look at some awful "things" that were added to our neighbors A/C units. These were not original to the house but were added at a later date, I guess for better air circulation. I am not an expert on air conditioning but I think if lattice fences were used the ventilation would be fine. I have sent you pictures of the situation I am talking about and which I think you will agree is terribly unsightly and should be prohibited. I hope to make it to the hearing tonight but wanted to pass this on in advance. Thank You, Becky Arnold 3764 Arnold Street `°y&° 4 .e eM . -,suit, $yy ~ 4b. vw{ - * *q/jf t M .'I t ,'ie4 a, yr r ~ } 1. A rar > iC"PA Rf'w t hW a ~yy~ ~s ~v Al, 5 b, \tx ~k, t } A* .0 E 1014 ~ f ff~l~l f~P ~ Af1Pt ~ f lcfrr ~ 9 r 1. r,. "win. ~ ~ d ~ • F g~ i ~ ~y* KNO 1. N . - V4 Page 1 of 2 Sallye Clark From: Debbie Scarcella Sent: Tuesday, February 26, 2008 10:57 AM To: Sallye Clark Subject: FW: Street Parking From: Susan Ohsfeldt[SMTP:SOHSFELDT@COMCAST.NET] Sent: Tuesday, February 26, 2008 7:58:19 AM To: Bob Fry Cc: Michael Talianchich; Chuck Guffey Work; Michael Ross Subject: driveways, maneuvering areas, etc. I hope that the council will back off the recommendations of the ZPC on driveways, garage sizes and maneuvering areas in the back yards. Unless you pass a law making it illegal to park outside your garage, people will park where they find it most convenient to park. People do not park in their garages because they are full of stuff like bikes, lawn mowers and junk and not because it is too difficult to get into the garage. I built a home at 4107 Milton years ago and I think the clearance on the porte-cochere is 8 feet and the garage was small. We parked a 300D and 30OSD which was a very large sedan in the garage and we did not concrete a 10 x 20 foot area to maneuver in. Thanks, Susan From: Susan Ohsfeldt[SMTP:SOHSFELDT@COMCAST.NET] Sent: Monday, February 25, 2008 10:05:21 PM To: Phyllis Cohen Work Cc: Bob Kelly; Michael Ross Subject: too much zoning What is council going to do next? Write an ordinance ordering people to park in their garages? Concreting the backyard to make it easier to park will not make people park in their garages. My parents lived in the same home for 47 years. For most of those 47 years, the garage was filled up and the cars were in the driveway. We had a double wide front loading garage on a 50's ranch style home. We lived in a zoned City of Spring Valley. We had no sidewalks, very little street parking, nice neighbors and attentive policeman with a four minute response time. Jeff and I built a home at 4107 Milton. It had an 8 foot wide driveway through a Porte-cochere and a small garage. We parked a 300D and a 30OSD (the big Mercedes) in that garage which was on a 50 x 100 lot. We angled the wall of the breakfast room to allow for ease in getting into the right hand side of the garage where Jeff first parked the SL, then the sedan. It accommodates two Mercedes sedans quite comfortably. We have a large garage now, by choice, which is the way it should be. We have parked two cars in the garage for almost twenty years, but when we had a third car it was in the driveway to be safe from flooding. We have too much nit picking in West University Place. If you want people to park off the street, pass an ordinance (like Southside Place) that all cars must be in the driveway at 10PM. You cannot do anything about the maids, yardmen, carpet cleaners, etc that have to park in the street and you cannot force people to park in their garages. Limiting parking to one side only penalizes the homeowners on the side that has to accommodate cars in front of their home. Enforce existing laws that prohibit parking within 30 feet of a stop sign or those that park more than 18 inches 2/26/2008 9 0 Page 2 of 2 from the curb. I saw a green VW bug parked within 18 inches of a stop sign that sat for the better part of the day at Dartmouth at Academy without a ticket. Our ZPC feels the NEED to enact laws for the sake of enacting laws. How else can they justify meeting twice a month??? The ZPC does not meet twice a month in Spring Valley. I don't think the ZPC meets twice a month in Piney Point, Hunters Creek or Bunker Hill and they do quite nicely. We don't need to tell people to build bigger garages or increase their maneuvering space. I have seen newer homes with three car garages stuffed with stuff and three cars parked over the sidewalk on the corner. Or like my new neighbor with the new 1.2 million dollar home with two cars parked over the sidewalk at 4037 Tennyson. 2/26/2008 • Page 1 of 2 Sallye Clark From: Debbie Scarcella Sent: Wednesday, February 27, 2008 5:35 PM To: Sallye Clark; Steve Brown Cc: Chris Peifer Subject: FW: Proposed Zoning Changes Sallye, please include Mr. Medlen's comments in the ZPC packet for March. Thank you. From: Mac Medlen [mailto:mac@peaksisland.net] Sent: Wednesday, February 27, 2008 5:21 PM To: Debbie Scarcella Subject: Proposed Zoning Changes Dear Ms. Scarcella, Please convey this to the appropriate individuals on the ZPC and City Council. I will be at future meetings where the proposals are discussed. Thanks Mac Medlen attended the joint City Council/Zoning & Planning Commission meeting Monday night and wish to forward comments on my items of interest. After attending the meeting it is evident that the Zoning & Planning Commission has a tough job. I felt most of the criticism was not warranted and based on misunderstanding the situation. Hopefully the Commission members do not take the comments personally. It is apparent that Proposals 6 and 7 are intended to deal with a situation that is better handled by restriction of on-street parking. Unfortunately, it does not matter if space is available for on property parking, people will still park in the street simply because it is more convenient. I agree the City has a serious on-street parking problem. The current situation is creating a safety issue in some areas and needs to be resolved, no matter how unpopular the solution. My item of interest is Proposal 4, Old Stock Housing. There are houses in West U. that should be saved if that is the desire of the homeowner. The current definition limiting the floor area to 1700 sq.ft. when built, eliminates many of the more upscale and architecturally significant homes from the benefits of the Old Stock Housing designation. Many of the homes that are of quality construction allowing for upgrading to extend their lives are not now upgraded simply because the costs to bring them up to the standards required by the current ordinance is prohibitive. Additionally many of these homes are on smaller lots, so when they are replaced the new house is often of very high lot coverage increasing rainfall run off and creating more on-street parking issues as the maximum square footage is crowded onto the lot to amortize the lot cost. I believe the proposed ordinance language changes of Proposal 4 make sense and should be implemented. Unfortunately there will still be situations where the new definition restricts a limited number of homeowner's desires, but it is unlikely everyone will be pleased. The proposed changes appear to be a good compromise to encourage the saving of more premium older homes. 0 Page 2 of 2 West U. is a premium community with high property values because we have and enforce zoning. Let's keep it that way with realistic well thought out solutions. Thanks for your consideration of my comments. Mac Medlen 3712 Albans Road Sallye Clark From: Debbie Scarcella Sent: Thursday, February 28, 2008 10:30 AM To: Sallye Clark Subject: FW: Driveways/Sidewalks/Parking Sallye, include this in the packet for the ZPC meeting on the 13th. Thank you. -----Original Message From: Bill Snypes <billsnypes@sbcglobal.net> To: bkelly@westu.org <bkelly@westu.org> Sent: Wed Feb 27 15:31:40 2008 Dear Mr. Kelly I am in support of changes in the rules regarding parking on the street and over driveways. I read hearing comments in the paper regarding letting the market deal with these problems. I do not think that is likely. Since each developer is only interested in maximizing the size of the house on the lot, the market constantly pushing toward more house and less yard and driveway. That is the source of the problems. The developers in WU generally don't care if we have parking problems. It is up to the city counsel to make rules that make our city works for all of us. I think something needs to be done about homes with 2-3 vehicle garages who park over the sidewalks or rather than use the garage. I don't understand this. The other citizens of WU should not be forced to walk in the street because these homeowners prefer to park over the sidewalk for their own selfish reasons. They do this even though there is ample street parking in near their home. Street parking also needs to some regulation. If you drive around the city any morning there cars and trucks parked on both sides of some streets that make it hard for an automobile to get between them without slowing to a crawl. It would be impossible for an emergency vehicle to get past these parked vehicles. The city has been mostly ignoring this problem for fear of making waves. Sometimes waves need to be created even if it involves a little political heat for city counsel. Bill Snypes 6610 Wakeforest Ave Houston, TX 77005 713 666-0095-H 713 572-0331-W 1 Page 1 of 2 Sallye Clark From: Debbie Scarcella Sent: Monday, March 03, 2008 5:13 PM To: Sallye Clark Cc: Steve Brown Subject: FW: Proposed Amendment to Zone Ordinance Order #1864 Please include in packets for the March 13 meeting. thank you. From: BELMONTCUSTOMHM@aol.com [mailto:BELMONTCUSTOMHM@aol.com] Sent: Monday, March 03, 2008 5:01 PM To: Debbie Scarcella Subject: Proposed Amendment to Zone Ordinance Order #1864 Debbie, In regard to the proposed amendment for 10' driveway width that was brought up at the Public Hearing on Monday, February 2Sri' that corner lot garages may have to have more than a 10' side setback if the lot is unable to have 18' of clear driveway from the sidewalk. In the past the builder had the ability to swing the sidewalk closer to the curb to enable this 18' area. Would this option be removed under this proposal? On behalf of Builders, Landowners and Future Homeowners: It is my understanding that amendments to Section 10-102 have been proposed because of the basic fact that too many cars are parked on the street. If too many cars are parked in the street then maybe City Council can find away of convincing homeowners not to do so. Instead of having Planning & Zoning destroy the ability to have a rear garage arrangement on smaller lots. I feel it is the homeowners' choice as to what size the garage and the concrete to enter and exit a garage should be. An example of typical rear garage configuration would be: a 17 1/2' to 18' wide by 20 1/2' deep garage which two (2) cars could park in the garage if no storage was used for bikes, trikes and miscellaneous. Generally one (1) car is parked in side the garage, another is parked just in front of the garage inside a gate at the front building line. This still leaves space for a third car to park behind car 42 and a fourth car to park between the front gate and the side walk. So, if people did not want to or were not allowed to park on the street a homestead would have the ability to park four (4) cars on the drive and garage without changing any existing ordinances. Thank you for your consideration of leaving ordinances as they are. Charles Whiteford, President Belmont Custom Homes, Inc. 3/3/2008 The Right to be Stupid By Les Albin More than a rear ago the City of West University Staff expressed concern to the West University Zoning & Planning Commission that access for emergency vehicles was becoming a safety concern since many residents of new homes were parking their vehicles on the streets rather than in their driveways and garages. Vehicles parked on the streets also present a safety hazard for small children who might dart from behind them into oncoming traffic. Zoning & Planning recognized that besides the safety issues there are aesthetic and quality of life issues for the City that should be considered. The Commission quickly discovered that West U ordinances require only one garage space for most homes and that there is no minimum size requirement for garages, no requirement that garage spaces be accessible nor any minimum width requirement for drivewavs. It was therefore no surprise that many of the garages on new homes are not useable aggravating the street parking problems. After more than a year of research the Commission recommended new standards requiring at least two accessible garage spaces sized to accommodate real cars and a minimum space between the main house and the property line of ten feet. Seemingly reasonable requirements and appropriate responses to the public safety concerns raised by City Staff. What happened at the first public hearing for the new ordinances is fairly typical of what has happened to all the ordinances suggested during the past several years that were intended to swing the balance between individual property rights and the needs of the Community back tow~ird what makes sense for the Community. The builders and some residents turned out to protest any restrictions on what they might want to do and some City Council members showed they were much more sympathetic to those views than to the needs of the Community. The builder on Council even acknowledged that he considers ten feet too narrow for a driveway and makes his almost eleven feet wide, but still would not support any minimum requirement for the City. One resident was designing a new home with a one car garage and objected to the two car requirement. The recent cry in opposition to new City ordinances has been, "Let the market determine what is necessary!" and there were several people who had examples of driveways that were too narrow. A realtor friend of mine brought up an example of a house they had listed that had been designed with a driveway that was too narrow and that had been very difficult to sell. Several people at the meeting seemed satisfied that this example supported their position and that no ordinance was necessary. Seems to me the opposite is true. The examples show that given the chance people will do things that are not in their best interest or in the interest of the community. They may realize their mistake after it is done, sell the house and move on, but the nustake and its aftermath remain with the community for the next foxy or fifty ears. Later at the home of the realtor we discussed the details of the example home. The narrow drive had caused more than one contract to fail. When it did sell the price of the home was probably less than it would have been if the drive had been wide enough to let vehicles pass comfortably. When I pointed these things out the realtors quickly realized that they had worked harder for less money than they would have if a reasonable driveway standard had been in effect. I went on to point out that the lower than necessary sale price not only hurt that seller, but it became a comparison for all sales in the area and so would also hurt the profitability of any other new homes nearby and negatively impact the incomes of the realtors working those deals also. (Imagine what a one car garage would do to a new home price.) At the end of the evening I think my realtor friends realized that reasonable ordinances do not hurt property values, but rather can help them by keeping people from doing something stupid that negatively influences not only their own finances, but those of everyone else in the community. Lets hope the majority of City Council members can see past the knee jerk reaction of the builders and do what makes sense for the City. Sallye Clark From: Debbie Scarcella Sent: Monday, March 10, 2008 11:41 AM To: Sallye Clark Subject: FW: Definition of structures Go ahead and include this in the packets for Thursday night. Thanks. Debbie Scarcella City Planner Planning and Code Enforcement Division City of West University Place 713-662-5893 -----Original Message----- From: Michael Ross Sent: Mon 3/10/2008 10:34 AM To: Debbie Scarcella; James Dougherty Cc: Chris Peifer Subject: FW: Definition of structures FYI... Michael G. Ross City Manager City of West University Place 3800 University Boulevard West University Place, TX 77005 Ph - (713) 662-5810 Fax - (713) 662-5305 www.westu.org -----Original Message----- From: Gene Womack [mailto:dgw@pdq.net] Sent: Monday, March 10, 2008 10:06 AM To: Michael Ross Subject: Definition of structures In last week's discussion regarding portable structures, there was no mention of allowing use of portable structures for a temporary use. I use both a 10' x 10' for working outside my garage using my power tools and a 10' x 20' for waxing my car and also for the grandkids when we have a party. The neighbors have also rented temporary structures for parties. I and my neighbors will be in violation if this passes and no allowance is given for a temporary use. Thanks, Gene Womack 6732 Brompton 77005 713 202 9089 1