Loading...
HomeMy WebLinkAbout03112010 ZPC Agenda Item 5 ZPC AGENDA ITEM 5 City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING FENCES, VISIBILITY AND EMERGENCY ACCESS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last re-formatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as subsequently amended ("Zoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC as well as the City's Comprehensive Plan, and City Council formally approves and adopts the report of the Z&PC; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may e required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the A&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place an subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each 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. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED, AND APPROVED on first reading on , 20 CONSIDERED PASSED AND APPROVED on second reading, AND SIGNED, on ,20 Attest: Signed: City Secretary Mayor Recommended: Prepared: City Manager Joshua W. Golden Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 February 11, 2010 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the Zoning Ordinance and Code of Ordinances of the City of West University Place, Texas ("City") relating to FENCES, VISIBILITY AND EMERGENCY ACCESS To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The purpose of this proposal is to 1) improve emergency access associated with masonry fences and other solid walls, 2) manage certain obstructive hedges in front yards, and 3) rationalize the treatment of "visibility triangles" in the Code of Ordinances and the Zoning Ordinance. 1). This proposal amends Chapter 18 of the Code of Ordinances to require "emergency portals" in fences, walls and other obstructions. The main purpose is to allow access to all sides of each building on single-family building sites within the City, so that firefighters and emergency personnel can enter the building, place ladders, fight fires, etc. Emergency portals could be: (i) gates or doors with key boxes allowed by the International Fire Code, or (ii) breachable gates or fence segments (usually wood or wrought iron). This proposal maintains some access to utility easements where they intersect streets by requiring one such portal in the easement area (this would most often apply at the rear of corner lot). 2). The main purpose of this proposal is to restrict hedges that function like fences in much the same manner as the code currently restricts fences. 3). This proposal also simplifies and harmonizes existing ordinances that restrict fences, trees, and other obstructions in so-called "visibility triangles" by amending Chapter 82 of the Code of Ordinances and Table 7-6, Projections Schedule of the Zoning Ordinance. There are two types of visibility triangles; the larger type (with 20 foot sides) is located where two streets intersect, and the smaller type (with five-foot sides) is located where a driveway and a sidewalk intersect. The restrictions for each type of visibility triangle are different, and they are currently found in different ordinances. There are conforming amendments in this proposal for the Zoning Ordinance, including amendments of definitions and cross- references to the new provisions in Chapters 18 and 82 of the Code of ordinances to make them more understandable and consistent. The exact wording of the proposal is attached, much of which is the reorganization of existing language rather than the introduction of new concepts. The Commission believes that this proposal will enhance public safety and help reinforce existing standards for visibility and streetscapes in the city's neighborhoods. Following the public hearing held on December 14, 2009, the Commission discussed focusing the emergency access requirements on single family building sites. In addition, in order to comply with recommendations by the City's Traffic Safety Engineer, the street visibility triangle height dimensions were restored. Recommendation. Based on the review given this proposal, the Commission: (i) finds that the proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal. The Vote. The vote on approval of this report was as follows: voted "aye;" "noes;" absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Proposal relating to fences, visibility and emergency access Revised 8-13-09 per Zoning and Planning Commission action and March 11, 2010 Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows: Sec. 18-208. Ferree -Fence gate-Emergenev portals; visibility areas gatewith )pening E)f 30 inehes ffitist be built for- ingfess and egress inte the easement mss.. ` 30 inehes must be built for itigfess egi*ess ttito the easement g e'fews (a) Generally: location. The primary12urpose of this subsection is to provide access to all sides le family reside,rltial site, so that firefighters and emergency of each building located on a s'iig personnel can enter the building,place ladders, fight fires, etc. If such access is blocked by fences walls or other obstructions, there must be at least two emergency portals, each with a raaiu~iratartr Width of 30 inches. and they must be located to allow access to the sides and rear of the building as follows. (1) Usually there must be one portal on each side of the building facing the front street line, but on corner sites, one may face the side street line. (2) If there is a fully or partially-enclosed utility easement that intersects a street area adjacent to the site, there must be an emergerncy portal to allow emergerncy access to the easement area from the street area. (b) A flowed 1vtLms of j?or~tals4 An eirier,gencv portal 111ay be either: 0) a gate or door with a k box c0111)lvirra with the hiternat ional fire Code (see 506.1 _ or (ii) a breachable fence segment or gate. A segment or gate is "breachable" if it is primarily made of ~vood or wood substitute (not thicker than erne inch, in either case) or vrou« ht iron. c Certain c.°.~:istirt obstructions. Until December 1, 2014, it is an affirmative defense to prosecution for lack of emergency portals that (i) existing fences, walls or other obstructions blocked the required access on Decc tuber- 1, 2009, and (ii) they were not replaced or structurally altered thereafter. (d) Visibility areas. Fences, walls and other things are forbidden in certain visibility areas. See Chapter 82 of this Code. Sec. 18-210. Masonry construction. Masonry fences must be made of brick, vitrified clay tile, concrete tile, or monolithic reinforced concrete, and must be built according to the following specifications: (1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be only of brick or monolithic reinforced concrete construction. (2) Pilasters shall be placed on not more than 12-foot centers, or adequate steel reinforcing shall be placed in the whole fence. (3) Expansion joints shall be placed on not more than 24-foot centers. (4) The fence shall have a foundation which shall rest on drilled footings sunk to approved bearing soil. Such footings shall be not less than 12 inches in diameter, and each footing shall have not less than four one-half-inch ties on three-foot centers. Foundation beams shall be not less than 12 inches wide and not less than 18 inches deep with not less than four five-eighths- inch reinforcing rods and three-eighths-inch ties, on not less than 30-inch centers. (5) .s publie eHt. -c ~z~c-c w-ix,z zi i -~r4~=r'r'rcrn -r ras-s.~s-c,~ t?rf t,i-n~i-rrr=c~°~r-z~HE~ p~iblie ' easeniet . Emergency portals may be required; see above. Proposal regulating fence-like hedges Revised 8-13-09 per Planning and Zoning Commission action Amend Section 82-7 of the Code of Ordinances (Urban Forest Preservation and Enhancement Ordinance) as follows. See. 82-7. t isi~iilit t~ts~~s tric~ra~lc~ areas; trees, hedges, etc. it shall be tinlawftil far- any pefsen to plant, gr-ew of maintain any plant, &ieept a tfee, within a visibility triangle, if the plant has (of pr-abably will have) a height gfeater- than thfee feet above the street=gtttter- PE)", line. it shall ^ef;~n to-Plan ,moo ituin u t..,., whieh has br-anehes of foliage within or above a visibility triangle at a height lower- than 15 feet. above the stfeet gattef flow line. it is pr-estimed that a per-senwho ewns or- controls feHI within th ins all trees and plants en that pr-ope". The eity fn-.Y I.sibility tr-iangle aftEl r-efneve gfewths pfahibited by this seetion, and thefe shall be no liability to others (a) Obstructions prohibited. 01)) tractions are prohibited in visibility areas as indicated in the following table: Area Obstructions prohibited Point for vertical measurement Driveway visibility Any part of a fence, wall, Adjacent _rade level triangles plant or other thing above at_ti.ie irttersectio_n_of three feet. the ctrivevvav and >ide~~ alk. Street visibility Tree branches or foliage Centerline- ot'the triangles below l'g`feet 6"' and a►1y part street. of any other plant above three feet. (b) Coiiduct wtlawfid. It shall be, t1111,1"W[ul for n pcrsott to: (1) plznlt, grow, construct, install or inairitaffi am obstruction prohibited by this section. or (ii) allow any such obstruction on property the person owns or controls. (c) Certain trees. It is an affimlative defense to prosecution for a tree in a driveway visibility area that the tree was planted before July 1, 1992 and has rro limbs or foliage below six feet. Prior rarrrt-errrr <~rrrrrra ~ wcrtr s (4,c ~ r trrrr~e~lt~ c like li,(, )vs. It is an at`l irmotive defense to ~rose,ctttion r(:Iatecl to a farce-life l~ted(,c tlratm _ ~ (1l the hed«e was in existence <rnd not in compliance with Chapter 82 on December 1. )09, L2_t:I7e hedge kvas riot located in a visibility area. and :3) the hech4e has never been altered or maintaitied to conform to this "ectiort. (e En 'r-c°ernoit. The city rrlav, enter a visibility area and remove tug : growth prohibited by this section, and the cit - shall have no liabilit for takit1~3- or not takinE7 ,arch action. f{) Lrrttination. Notwithstanding anything to the contrary contained in subsection (d). all fence-like hedges must be made compliant with the Code no later than December 1. 2014, at which time subsections (d) and (t) of this Section 82-7 shall he of no further force or effect and the same nlay he removed fre,>m this Section withortt further action. In Section 82-1 of the Code of Ordinances, delete the existing definition of "visibility triangle" and insert the following new definitions (to be inserted in alphabetical order with the others): Drip ei, av visihilitv triclrt«le n~earrs the area within a triangle 13e ainnine at the intersection oil, the edoe of a drivewa - and the inside edge of a sidewalk i.e.. the edge farthest from the roacNva _Frorn the intersection t)oint, the first side of the triangle extends five beet inward (awa A from the roadway) along the edge of the d iyewav. the second side of the triantile extends five feet alom-, the edLe of the sictewalk away- from the driveway, and the third side is a straight line connecting the extended ends of the first two sides. If there is no sidewalk the bltildiij- official Shall_de_stgrttt_te the _probable location oi` a Cuture sidewalk, which shall then be ((Seel as if J1 were an existin r icles%utl typical clrive~va, will ltav two such triam-lle;, c,tae on each siege. 'Elie visibility triangle may include both p>ablic drug private prol~caty. The building official May prepare example diagrams showing driveway visihihty triangles. Iclue-like berg Ye as, used in this Chapter has the same meaning defined in Amendix A, Section 2-102 of the Code (ZoninL ()rclinarrce}, Street visibility triangle means the area at a street corner lvin, within a (nan-catlar area be,-,mm at the intersection point of the curbs of the two streets formine the corner (which will normally be a tam7ent point on a cure-ed curb-line). Sides of'the triangje extend 20 feet alont3each t curb line (away from the t-nurse uon point, !'ollowin.; my curves in the.curb). The third side: is a straiilit line connecttrrv the extended ends of,,uch 20-foot curb-line sides. If t sere is no curb on such a street the central Clow line of the gutter or ditch is used instead. The triangle may include both )uhlic 111(1 )rivate -ro)ert The httildinL, official may _re_are exanr_le diagrams tc)~~° ztg_street .visibility triangles. Vi.sihility area includes a streea visibility triande and a driveway yisihility trian=_=le. ng at the t%tsibI'll tIri((ttd.~le fflean4 the o at street eeffier- i ;thy tr gle begifinl1. Rll 0 fie e, t -Alefig eaeh eur-b line away f+offl the etifb intefse- V-4, With the third side being deter-mined by dfawifig a stfaight line eepiffeeting the ends of sueh 20 feet exteffsions. if there +*Si tia ettfb on stieh a street, the 20 feet lifte defified in zoning or-dinaffee shall fallell R.- -4 a4 indtides a street visibility trimigle and a (Inveway L 1sihilitY triangle. Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway visibility triangle" and amending the definition of "visibility triangle," as follows: "'tefseetio point of the edge of " dfiye,,..,,, aff the inside edge "f " sidewalk (i.e., the edge the fafthest ff E)m the r-oadway). Ffeffl the inter-seetion point, the first side of the triangle e~xteff ds five feet iftwafd (away 4efn the foadway) along the edge of the dfiveway, the seeand side of the tr-iangle exteiids five feet along the edge of the sidewalk away ffem the dfive,,N,ay, and the thifd , , then be used as if it wer-e an existing sidewalk. A typieal dr-iveway will have two stieli one an eaeh side. Seeh triangles iiiay ifielude afeas within, and not within, a building site. An exafflple diagram showing dr-iveway visibility tfiangles is attaelied to this efdinanee and fflade -a «t ho `f Pte - ifig at the ifitet'seetton poiiit of the edge of a driveway and the itiside a a y, and the thir-d side is a a , , within. and not within, a b site. An pf heie4Visibility triangle. This term includes both "driveway visibility triangle" as defined in 'h O-dinaiiee and.-'.'street visibility triangle" as defined in. Chapter 82 of the Code of Ordinances. Amend both pages of Table 7-5a of the Zoning Ordinance as follows: Visibility The following are f4bid ° aFts of ^ h „lain, VLll 111 lllb triangles Forbidden ,=t~ w thin, ^ visibility tr-i-afigl . . ' --St@ thef things talle - than 2.0 ft. of `-haftef than Q.0 11n # ,,E; ;i~~„1. plants and , This a t o ,l of t.oo lio.x;i~t-eofiee o on if kept pftiff ed. ;,~"t'~` other things Se~.~(Tptvl~ .2- of tk (`ode i}l. (:)rciim<lnces.The see F Il b 'e f., bidden oti aFt1- of " building-444-0 Z, in Aftiele diings tallef, than 2.0 ft. of shoFtef tliali 8.0 ft. This TI{. C, \lll J U y 1. 1992. if' kept r ""`L Amend Table 7-6, Projection Schedule as follows: Table 7-6. Projections Schedule, cont. Amend the "Fences" subcategory within "Certain Accessory Structures" as follows: TABLE INSET: Special Rules For Type Of Structure Maximum Allowed Projection (In Inches), Measured Calculating From The Inside Edge Of The Yard. Open & Pervious Areas Front Rear SF Yard Yard Side Yard Bufferyard The area No may count Basketball No limit limit generally, as both goals 120" but see Note No limit open area 7. and pervious area. Certain The area Accessory Structures may count as Certain Playground No limit both Accessory equipment 0 0 No limit open area and Structures, pervious continued area. The area may count Flagpoles 120" 0 0 0 as both open area and pervious area. The area Fences aild 0, but see No limit, but does not Notes $ No limit see Notes F count as i`e c~-ii.~ S.1, &2. 8.I, &2 and No limit either open and 12. 11. or pervious area. The area counts as 0, but open area. Swimming 0 see Note 0, but see Note No limit Only the pools 9 9. water area counts as pervious area. The area counts as open area Tennis but not courts (with 0 0 0 No limit pervious associated area screens) (unless the area is made of grass). The area No limit No limit No limit may count Lights and generally, generally, No limit generally, as both but see but see generally, but open area lampposts Note 10. Note 10. see Note 10. but see and Note 10. pervious area. The area may count as both No limit Gate 24" No limit No limit open area closers and pervious area. Signs (see The area Code of No limit 0 0 0 does not Ordinances) count as either open or pervious area. Amend and renumber Note 8 of Table 7-6 of the Zoning Ordinance as follows: Note 8. L Fences. Fences may project into front and side yards to the extent expressly required or authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidential uses; provisions in PDD schedules for front fences). Also M the Code of Ordinances, there sire. (il regLtirernents for cratct cnc~ ~ctt<tls iij fences tC_`ha t:er 18) ,.u d iii r t i tic}rts on fences. "fence-like; hedzes,. acid other tliings in visihility area, (Chanter 82). In a QMDS low fences (3.5 feet or lower) may be located anywhere, if made of ornamental metal or white pickets. Add new Note 8.2 to Table 7-6 of the Zoning Ordinance as follows: 1'ote X'. Fence-like hed,,es. Fence.-like heclLyes within teal feet of a front Ward line of a site contairtirt~ a principal building, which t'accs a front street line. and fence-like hedi*es pe imidicular to the street are not 7rcth1bited. Visibilitv triangles and visibilitv areas. as defined by this ordinance, are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Add new definition to Section 2-102 of the Zoning Ordinance as follows: F~ tcc~ ikched,,e nicans a cclutiauous <rrangenie.nt of veaetation or foliage ~vtiethc r occurring) in a strai~-Yltt or curved line r having, the characteristics of a fence; 6 fornlin:-, a pli -sical barrier greater than 50% of the width of the lot; and viii growing, higher than give feet above Standard base level.