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Home My WebLink About11082007 ZPC Agenda Item 4 City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. f 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. f • • PASSED, APPROVED, ADOPTED AND SIGNED on 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 November 8, 2007 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to OLD STOCK HOUSING To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. Under the existing definition of "old stock housing," housing does not qualify if: (i) it had more than 1,700 square feet of gross floor area when built, or (ii) it currently has more than 3,400 square feet of gross floor area. This proposal would: (i) eliminate the 1,700-square-foot original size restriction (but keep the requirement that the housing be more than 40 years old), and (ii) change the 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 of "old stock housing." Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission f ~ • Amendment relating to definition of "old stock housing" (alternate version) 11-8-07~ , ~,1 Amend the definition of "old stock housing" in the Zoning Ordinance as follows: Old stock housing. One or more btli~dings on a site meeting all the following criteria, at any_given time: (1) the principal building'was built more than 40 years before that time s , , and (ii) the gross floor area of all buildings on the site at that time doe's not °tt:ently °°°°°d 400 squafe 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: (1) the reduction is reasonably necessary to preserve or protect old stock housing; it the ° sts or- a~i it may be proposed to be r edeled ,,de tip to ^ total g foss t4eef area, fef all buildings, of 3,400 s e feet); and (ii) there will be no substantial adverse impact upon nearby properties. Such a special exception is only effective when the gross floor area of all buildings on the site does not exceed 200% of the gross floor area of all the buildings on the site when the principal building was built (more than 40 years previously). 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; ftF, it then exists or- as it may be proposed te be femodeled of expanded (tip to a total b f-^r all buildings, of 3,400 squafe feet); and (ii) there will be no substantial adverse impact upon nearby properties. Such a special exception is only effective when the gross floor area of all buildings on the site does not exceed 200% of the Gross floor area of all the buildings on the site when the principal building was built (more than 40 years previouslyy). Amend Section 11.104 of the Zoning Ordinance as follows: Section 11-104. Variances for old stock housing. The ZBA may consider protection or preservation of old stock housing as a factor in determining whether the "hardship" test for a variance is met, either for such housing as it then exists or as it may be proposed to be remodeled or expanded buildings, of , 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 #ifir str„c Lffe 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 t^ ^ t^ta grE)°° fl^^" area, for all buildings, of 3 nnn ° e feet i k E ~il 7\ C s 1 p 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: (i) it had more than 1,700 square feet of gross floor area when built, or (ii) it currently has more than 3,400 square feet of gross floor area. This proposal would: (i) eliminate the 1,700-square-foot original size restriction (but keep the requirement that the housing be more than 40 years old), and (ii) change the 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. [Insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current zoning ordinance. Date: /s/ Kay Holloway, City Secretary City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DEFINITION OF STRUCTURES; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. ! • Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 f • Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 November 8, 2007 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to DEFINITION OF STRUCTURES To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. Under the existing definition of "structure," certain criteria contribute to define what a structure is (e.g., things not portable, usually left in one place, fixed to the ground, etc.) The proposal adds a presumption that a human-made object that remains in one location for 180 days or longer and either weighs more than 250 pounds or is attached to the ground (or another structure); is a structure. The principal purpose is to amend the definition of "structure" to help with enforcement. Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By For the Commission Amendment relating to definition of "structures" I " 11-8-07 1~ 1 I Amend the definition of • ` " as follows: Structure . Anything made by humans which: (i) is not readily portable; (ii) is usually left in one location for an indefinite period of time; or (iii) requires either permanent or fixed location on or in the ground or attachment to something having a permanent or fixed location on or in the ground for its use. Examples of structures, which do not limit this definition, are: sculptures; lampposts; sidewalks; driveways; playground equipment and facilities; buildings; flagpoles; antennas and pools. A It atrt~ ~ 7 tde oNect iii ~t c ai b> M on loci q'oii I"c r 1W dawns of lodger is i lc ~tim d to i)e la ,iructLire if it by aglis rnor t17z111 2'~{~~rm lids or is att actic l to the grok.tll<~ or a 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. Under the existing definition of "structure," certain criteria contribute to define what a structure is (e.g., things not portable, usually left in one place, fixed to the ground, etc.) The proposal adds a presumption that a human-made object that remains in one location for 180 days or longer and either weighs more than 250 pounds or is attached to the ground (or another structure); is a structure. [Insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING 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 . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 September 13, 2007 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to 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 Council 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 voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Amendment relating to 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.) E.Yeeptions/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. Item Regulation SF-1 SF-2 SF-3 TH GR-1 GR-2 C Off-street parking Number, Depends on land use, layout, etc. See this Table, Table 7-4a, and Article 10 spaces and location, size, (including maneuvering areas, design requirements, "same site "rule, yards, 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 Arote 2. apply,' see, e.ba, Article 10 Use of parking Parking spaces for non-SFD uses may only be used for motor vehicle parking. areas See Note 3. sx=u, €~E l 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 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 regulations apply: see, e.g. Maximum For SFD use: (i) Driveway serving any single-bay garage: 12 feet. (ii) Article 10. width. €a i c> E Driveway in a front yard serving rear garage or side-facing garage* 12 <,~,i <;r 71_-`~a. feet. (iii) Driveway in side street area of a corner site serving aside facing garage with three or more bays: 30 feet. (iv) Any other drivewa See Note 1. 20 feet. For other residential uses 24 ft. (or 35 feet if connecting to a major thoroughfare). For 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. N/A Spacing For non-SFD uses: There must be at least 40 feet between the "inside" apron edges (at their narrowest points) of driveways serving the same building site. Pavement Required type For SFD use: Hard-surfaced o pavement required for each requi ed 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,, x:Ii3~c ,i 1 ~l_tiE l 10 1~ t ,IEltr. o, rtl F1s_ 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 I2. Curb cuts Number For SFD use: Maximum one per subdivided lot abutting the street. For non-SFD use Maximum one per 50-ft. segment of street line. Other regulations See Note 5. apply, see. e.g. Article 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 t unobstructed vehicular access :r pavement. Maximum driveway width refers to maximum width of pavement path and,_t1,i tip S!, 0 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 Minimunt number of parking spaces SFD IISe grit -k 9441tkiw _;Hvk t pr}} 'st ih ?.4 ~~-1(1 t ~w mwlbcl of 7park;ltf , ' Li [1. 4a§:.-4ttE§{°t~. inclC_ t? t1S ~ t` idditioll.d ';pgce lncittecll N - 4ecil ihh, 1~tt€tireci s'itl<Isr li~i e.r.~~ ~trxi the 1",IIt,t1 ri,~ulw~tt. 1`11e itaid 1111111:1 Iva" ma,, be <<1i the NCi kCl£3 Site or to dhe. -Chic"[ lltreet aiea,,or n-ird,` hi e,,c1a)- hkjI fna% iiot cn~ro<i~P1 tlt7a311 i[r1v })art ~tta l't€t,li~ ~;ideti~.a19~ (e~i~tirt« t;. t3C~'~~iJ t i } of die 7 add', 4 pei: Amend subsection (g) of Section 12-103 as follows: (g) Drivewnvs. 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 Thl, ~,[li-, Ltloil dog - , !Iot L II) ?hl "o Imn- M111 1,10C C ~,Ijtl~b 111iil1??1t11)l t1111i',`.1~[~)1I f-0 ~i tl[j e aN, 4 T° 1I7 tIl tit illlt? area) a - iIt€' i001 51,J) use t)111v. 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. [insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current zoning Ordinance. Date: /s/ Kay Holloway, City Secretary City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING 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 . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. f • • Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney formstORD 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 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 -fr-At`2. L~rousrl, r?D~,kt;„La~;c~ i'' CP,4 4; 5 voted "aye;" no "noes;" i7J~jllj absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: l ) For the Commission 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. F_xception: 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 hrovided, but it may be either solid or at least 50°/, solid (e.g. lattice). All other riles apply. • i Exhibit 8 NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: 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. [Insert others] Additional details on the proposal(s) as well as the Zoning ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING BUILDINGS IN REAR YARDS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. ~ 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. • 0 PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2007 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to BUILDINGS IN REAR YARDS To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. Note 3 of Table 7-6 of the current zoning ordinance allows some building space (e.g., accessory buildings, garage space) to "project" into a rear yard. This proposal would revise Note 3 to provide that certain openings may be "translucent (but not transparent)." The principal purpose is to clarify Note 3. Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners r, - voted "aye;" no "noes;" I ~j~j,,absent . Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By For the Commission ~ s Amendment relating to buildings in rear yard (Table 7-6) 8-9-2007 Amend Note 3 of Table 7-6 as follows: Note 3. Buildings In Rear Yard or SF Bufferyard. A building maybe located in a rear yard or SF Bufferyard if it meets all of the following criteria: (a) No part of 4 may be closer than five feet to the rear property line (or to any SF District, if in a SF Bufferyard). (b) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), it may have no window, door or other opening above the ground floor (and facing the property line of the other building site), except for apaqu translk-,:cnL (htii n0t_',t.in~~~,~ non-operable openings or skylights. (c) Space in any projecting building may only be used for single- family (detached) use. (d) A principal building may not project unless the ground floor of the projecting part is at least 51% garage space, and there is no more than 600 square feet of building space, other than garage space, in the projecting part. See garage restrictions in Article 10. 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)." [Insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary ~I City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING GARAGES IN SIDE YARDS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 October 11, 2007 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to GARAGES IN SIDE YARDS To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. Note 5 of Table 7-6 of the current zoning ordinance allows some building space (e.g., rear garage) to "project" into an interior side yard, if the separation from the property line is at least three feet. This proposal would revise Note 5 to: (i) make the required separation proportional to the site width on sites at least 55 feet wide (where the required separation would be 6% of the site width), but maintain the existing three-foot minimum separation for lots less than 55 feet wide; (ii) allow eaves to be at least one foot closer to the side property line; (iii) clarify that stairways and eaves may be in the projecting part of the building; (iv) provide that certain openings may be "translucent (but not transparent)," and (v) revise and tighten some wording. 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 voted "aye;" no "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Amendment relating to - - - garages in side yards (Table 7-6) Alternate version, 10-7-07 Amend Note 5 of Table 7-6 as follows: Note S. Garages In Side Yards. A bitilditi rrt~tti iroicct 1.(')w.trd .iii iliterior "ide a_7ror)erty line (!lot i amide street lli7e,) it it iricets all. the ftallovjit.g criteria. Edti~-pt'p-~.'~' _ httildifig v,°:' iii ol- (a) No part of the IM61dilh-11 v lie _lo,,-,er the side property line.,,lixi: J) (line beet, if the littildirig site is less t.liari s itle. or (ii) 6', of the III(A.tti r site wIdth, it tliC 3.iti'Mill'2 site is ,,It Ica-'I .1 "sle (i) tt~'o ;eet if ilic lntildiil- site is less tliati feet w1cle, or Oil 4'~ of the huildit site ~~"idth, Eta the huildii {xsite is ;zt Iebzst 55. meet ti~ itle.ttx~:> tic i t{~ ~i 1 ?fie , s}rt t l l i (b) The projecting part may only contain garage space and space above the garage _ (c) Any projecting part must be at least seventy feet from the front street line. (d) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), ~--iiic huildixi . may have no window, door or other opening above the ground floor (and facing the property line of the other building site). f .tcc~t~ti~~n: "1 hcx tilay he ~t f ql~ l + trEizisllteciit Out tiot tra s; :.mu ntl, non-operable openings or skylights. Exhibit 8 NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: Garages In Side Yards. Note 5 of Table 7-6 of the current zoning ordinance allows some building space (e.g., rear garage) to "project" into an interior side yard, if the separation from the property line is at least three feet. This proposal would revise Note 5 to: (i) make the required separation proportional to the site width on sites at least 55 feet wide (where the required separation would be 60 of the site width), but maintain the existing three-foot minimum separation for lots less than 55 feet wide; (ii) allow eaves to be at least one foot closer to the side property line; (iii) clarify that stairways and eaves may be in the projecting part of the building; (iv) provide that certain openings may be "translucent (but not transparent)," and (v) revise and tighten some wording. Additional details on the proposal(s) as well as the Zoning ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the zoning ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary • • City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING GARAGES, MANEUVERING AREA, ETC.; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required bylaw at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. • • PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: Prepared: City Manager James L. Dougherty, Jr. Approved as to legal form: City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 September 13, 2007 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to GARAGES, MANEUVERING AREA, ETC. To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The proposal would: (i) require at least two garage parking spaces per house (or one per house, for old stock housing) in single-family districts (SF Districts); (ii) require such garage parking spaces to be enclosed or semi- enclosed and adjoining a driveway; (iii) change the formula for the maximum number of garage parking spaces; (iv) specify minimum garage parking space dimensions in SF Districts; (v) specify minimum garage maneuvering areas in SF Districts; and (vi) specify when structures above driveways must be cantilevered or suspended. The proposal includes some clarifying changes and reorganization. The principal purpose is to require more garage spaces and make them readily usable. Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a ' Y point public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners voted aye, no noes, - ;r- _ G-absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS 3y For the Commission 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.) E.Yeeptions/Special Rules: (1) See special rules Garage space noted in table. (3) See Article 9 regarding Planned Development Districts. (3) See Note 1 regarding special exceptions. SF-1 SF-2 SF-3 TH GR- GR• C Item Regulation 1 2 Garage Garage Min r~ per DU i Mini 2 0 space, in parking; r per U- l i ust be general spaces. See enclosed ~r} Article 10. Max 1.0 per p of building site area, not to exceed 1.0. Minimum 12 ft. wide.. garage - - - - 25 ft. deep t - dimen sions Garage Maneuver doors or ing area openings Door or Prohibited unless: (i) the garage door is set back ten (May affect eligibility opening feet or more from the front yard, and (ii) there is as QMDS. See facing only open area above the driveway for at least definitions in Article 2.) front seven feet inward from the front yard, and (iii) any street line. structure above the driveway must be cantilevered or suspended from the building (no special posts or vertical supports being allowed). Door or Prohibited unless: (i) the garage door is set back ten (May affect eligibility opening feet or more from the side street line, and (ii) there as QMDS. See facing side is only open area above the driveway for at least definitions in Article 2.) street line seven feet inward from the side street line, and (iii) any structure above the driveway 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 apace r 0 Mite 1. Special E.Yceptions. The ZBA may issue a special exception for a parking area, garage or driveway in another location or with a different design than prescribed by this table, if it finds that: (i) the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire- fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an existing parking area, garage or driveway: or (iv) the location or design requested is necessary for safety considerations. Amend the second page of Table 7-4a in the same manner as shown above, so that: (i) changes applicable to SF Districts apply to "PDD-SF" Districts and (ii) changes applicable to the TH District apply to "PDD-TH" Districts (but not PDD-C). Amend subsection (c) of Section 10-102 as follows: (c) : f = , Maneuvering Areas. In addition to the minimum dimensions for parking spaces, there must be sufficient driveways and other maneuvering areas to allow ordinary, practical use of each . , . ',parking space f ~ (1) tr:_ e '~rct= r•~ k _..i ::r: ':t^°•*._ ri-.•(~ .+1i.:1 , i ~ r a. '.i_ L i t F~~?~tt ¢ti5 f'tL l~" -}'s~ 'J1) a t ;Z ~ t.f~ ltl '1. '`t'. 1~ i E-< •SIf tip Uef' ii it ;t {tif"y,•t~a )I!It l}'tll:i%Tl t(I l o i.ho _ - ~ t i_, _t(•r„i ?'1211 l,t, C,l C t~ I r ' , (2) Maneuvering areas may not be counted toward the required number of parking spaces (except on sites with SFD use only). (3) Maneuvering areas _ must be sized and arranged so that a large vehicle can leave the street driving forward, enter any required parking space driving forward, park in that space, and then re-enter the street area driving forward, all with no more than two stops to change directions. As used in this section, "large vehicle" means a truck 18 feet long, with a turning radius of 24 feet (outside of bumper). Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of Nest University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: Garages, Maneuvering Area, Etc. The proposal would: (i) require at least two garage parking spaces per house (or one per house, for old stock housing) in single-family districts (SF Districts); (ii) require such garage parking spaces to be enclosed or semi-enclosed and adjoining a driveway; (iii) change the formula for the maximum number of garage parking spaces; (iv) specify minimum garage parking space dimensions in SF Districts; (v) specify minimum garage maneuvering areas in SF Districts; and (vi) specify when structures above driveways must be cantilevered or suspended. The proposal includes some clarifying changes and reorganization. [Insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary