Loading...
HomeMy WebLinkAbout02142013 ZPC Agenda Item 3d T 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 ACCESSORY QUARTERS AND USES; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. WHEREAS, the Zoning and Planning Commission ( "Z &PC ") of the City of West University Place, Texas ( "City ") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ( "Zoning Ordinance "); and WHEREAS, the preliminary report also proposes amendments to the Code of Ordinances of the City; and WHEREAS, the Z &PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. The City Council hereby calls a joint public hearing before the City Council and the Z &PC on the Code of Ordinances of the City of West University Place, Texas and is amended by the proposal as described in Exhibit A, attached hereto. 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 from time to time. The City Manager may reschedule the date and time, or both, to accommodate other pending matters, but the rescheduled date and time may not be later than 30 days past the date set by this ordinance. All ordinances and portions of the Code of Ordinances not specifically amended hereby remain in full force and effect. 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proposal described in Exhibit A. All 00127196 ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. 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 Z &PC 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, 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 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 Texas Open Meetings Act, 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 00127196 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 AND ADOPTED ON FIRST AND FINAL READING AND SIGNED on the day of , 2013. Attest/Seal: City Secretary Recommended: City Manager Approved as to legal form: City Attorney 00127196 Signed: Mayor Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 February 14, 2013 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 ACCESSORY QUARTERS AND USES. To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission (Z &PC) of the City submits this preliminary report on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. This proposal amends Chapter 2, Section 2 -102 of Appendix A of the Code of Ordinances by changing the definition of: A. "Accessory quarters" to make it clear that accessory quarters are allowed in both attached and detached garages, and B. "Accessory" and "Single- family (detached) use" to clarify types of lawful accessory uses permitted in a single- family district. The Z &PC has been evaluating staff - proposed, clarifying changes to the zoning ordinance. In particular, the Z &PC is attempting to address the requirement that within a single - family (detached) district (SFD) , a building site may contain only a single dwelling unit plus one accessory quarters (e.g., a maid's quarters) that is attached to the principal dwelling. 00127196 Property owners that have accessory quarters over detached garages or in separate buildings are not allowed to update them legally, while residents with attached accessory quarters have more flexibility in using such space. A detached garage containing accessory quarters is not a legal, conforming use of the accessory structure. The presumption is that attached accessory quarters are allowed since it is unlikely that a homeowner would lease accessory quarters within the principal structure to an unrelated person. However, it is not necessary to use the definition of "accessory quarters" in an attempt to prevent leasing because it is prohibited by the Code of Ordinances and there are other mechanisms written into the regulations to discourage multi - family use in a SFD. The definitions of a "dwelling" and an "accessory quarters" were not written just as a prohibition against certain types of uses, but also to establish minimum requirements for a structure in a SFD. The Z &PC's concern is that the existing regulations may over - regulate spaces contained within a SFD. Residents may want to use these spaces for special single - family purposes such guest suites, game rooms or man - caves. Other examples of accessory uses might include outdoor living spaces, such as cabana -type structures that are intended to be extensions of swimming pools or patios. Recommendation. Based on the review given this proposal so far, the Z &PC (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 preliminary recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal. 00127196 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 I� For the Z&PC 00137196 2 -14 -2013 Amend Appendix A. Article 2, Section 2 -102, "Certain Terms ", to read as follows: Accessory. A building, structure or use is "accessory" if it is: (i) subordinate and incidental to a lawful principal building and use on the same building site, and (ii) is necessary or convenient for a lawful principal use of such building. An accessory use can include, but is not limited to a garage, quest quarters, pool cabana, game room or other similar use. But see, Table 7 -1, Note 2. Accessory quarters (or "AQ'). A dwelling unit meeting all of the following criteria: (i) it is located on the same building site with as a dwelling unit Wthin a principal building containing a dwelling used for single - family (detached) use; and (ii) it includes no more than six hundred square feet of gross floor area. Dwelling unit (or "DU'). A building, a single room or a group of rooms occupied or capable of being occupied as separate living quarters. Separate living quarters are those which have all of the following: (i) direct access from outside of the building or through a common hall; (ii) plumbing and electrical facilities sufficient to serve an affixed kitchen sink, an affixed refrigerator and affixed cooking equipment; and (iii) a full bathroom including a sink, a commode and either a bathtub or a shower. Single - family (detached) use (or "SFD "). A use of a building site which meets all of the following criteria: (1) There is no more than one dwelling unit, plus one accessory quarters and /or other lawful accessory uses on the building site. (2) There is no multiple utility service on the building site. (3) There is no physical connection between any building on the building site and any other building on another building site. (4) No more than one family, plus no more than two residential workers, reside upon the building site. (5) If the family includes a person not related to each of the others in the family within four degrees of consanguinity or affinity, the unrelated person resides in the principal building with at least one of the others. (6) The entire building site is used exclusively for residential purposes (although, as provided in the definition of "residential purposes," an affirmative defense is available for a home occupation and an incidental sale). 00127185 Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission (Z &PC) and the City Council of the City of West University Place, Texas ( "City ") will hold a joint public hearing in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on The hearing may be recessed and continued from time to time without further published notice. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City's Zoning Ordinance and Code of Ordinances, as follows: Scope of Proposal. This proposal amends Chapter 2, Section 2 -102 of Appendix A of the Code of Ordinances by changing the definition of: A. "Accessory quarters" to make it clear that accessory quarters are allowed in both attached and detached garages, and B. "Accessory" and "Single- family (detached) use" to clarify types of lawful accessory uses permitted in a single - family district. The Z &PC has been evaluating staff - proposed, clarifying changes to the zoning ordinance. In particular, the Z &PC is attempting to address the requirement that within a single - family (detached) district (SFD) , a building site may contain only a single dwelling unit plus one accessory quarters (e.g., a maid's quarters) that is attached to the principal dwelling. Property owners that have accessory quarters over detached garages or in separate buildings are not allowed to update them legally, while residents with attached accessory quarters have more flexibility in using such space. A detached garage containing accessory quarters is not a legal, conforming use of the accessory structure. Property owners that have accessory quarters over detached garages or in separate buildings are not allowed to update them legally, while residents with attached accessory quarters have 00127196 more flexibility in using such space. A detached garage containing accessory quarters is not a legal, conforming use of the accessory structure. The definitions of a "dwelling" and an "accessory quarters" were not written just as a prohibition against certain types of uses, but also to establish minimum requirements for a structure in a SFD. The Z &PC's concern is that the existing regulations may over - regulate spaces contained within a SFD. Residents may want to use these spaces for special single- family purposes such as guest suites, game rooms or man - caves. Other examples of accessory uses might include outdoor living spaces, such as cabana -type structures that are intended to be extensions of swimming pools or patios. Additional details on the proposal as well as the Zoning Ordinance and Code of Ordinances are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance and Code of Ordinances would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance or Code of Ordinances. Date: 00127196 /s /City Secretary