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HomeMy WebLinkAboutORD 1970 Calling JPH re the Definition of Dwellings and Asscessory Quarters and UsesCity of West University Place Harris County, Texas Ordinance No. 1970 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING THE DEFINITION OF DWELLINGS; 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 Me 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 allched 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 Me City Council and Me Z &PC on Me Code of Ordinances of the City of West University Place, Texas and as 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, 38W University Boulevard, West University PIgce, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on GO A.f Y On /4. 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 Man 30 days past the date set by this ordinance. All ordinances and portions of Me 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 ro be heard in relation to the proposal described in Exhibit A. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the m,2t,« extent of the conflict only Seaton 3. The procedures for adoption of Me proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by His 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 pan of this ordinance by reference. The rites 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 Me United States mail on or before ninth day preceding the date of the hearing, property 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 Me application of such word, phrase, clause, sentence, paragraph, section or other pad 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 9. 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 S. Because Me 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, APPTOV D AND ADOPTED ON FIRST AND FINAL READING AND SIGNED on the da of - 2013. UNIVet 171 Signed; City Secretary Mayor Approved as to legal orm: City Attorney W1271% Exhibit Zoning & Flaming Commission City of West University Place, Texas 380D University Boulevard West University Place, Texas 77005 February 14, 2533 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Preliminary report ti a proposal to end the Zoning Ordinance of the City of west University Place, Texas ( "City ") relating to the DEFINITION OF DWELLINGS; ACCESSORY QUARTERS AND USES. To the Honorable Mayor a Members of City Council: The Zoning A 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; E. "Accessory-1 and "Single- family (detached) use.- to clarify types of lawful accessary use permitted an a single- family district; and, C. "Dwelling" to clarify which elements are mally necessary for a structure to be considered a dwelling. The EaPC 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 Minix only a single dwelling unit plus one e ory quarters (e.g., a maid's quarters) that is attached to the principal dwelling. Property owners who have a c ory quarters over detached garages o separate buildings are not allowed to update them legally, while residents with attached accessory quarters have more flexibility in such uch spaces A detached garage c containing accessory quarters is not a legal, conforming use of the accessory structure. The presumption is that attached accessory quarters are allowed since rs i[ unlikely that homeowner would lease accessory quarters within the principal structure to an related person. However, i[ not necessary to a the definition of ¢ sory quartera'8 a attempt to prevent leasing because leasing is prohibited by the Code of Ordinances and there are other provisions written into the regulations to discourage multi- family use in a BFD. The definitions of a "dwelling-' and c sory quarters" were not written just as a prohibition against certain types of but also to establish minimum requirements for a structure in o a SM. The Z6PC's c s that the existing regulations may over-regulate spaces contained within a SFD. Residents may ant to use these spaces for special single - family purposes such as guest suites and game rooms. Other examples Of accessory buildings, structures might include outdoor living spaces, such a cabana -type structures or kitchen patio areas e that a intended to be extensions of swimming pool spaces and outdoor living areas. Recomnendatien. Based on the review given this proposal e far, the ZEPC (i) finds that the proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal ea nably addresses circumstances which have since the last comprehensive revision of the Zoning Ordinance, (iii) makes its preliminary recommendation favorable to the proposal, and (iv) recommends that City Council adopt the proposal. W1T196 The Vote. The vote on approval of this report was as follows: Brown, Frankel, EeStefano, McEnany and Clark voted 'aye'; Zero -noes-; Two absent. Respectfully submitted: ZONING AND PUNNING COMMISSION OF THE CITY OF NEST UNIVERSITY PLACE, TEXAS By: For the Z&PC 2-148013 Amend Appeal A. Article 2 Section 2-102. "Certain Terms ", ro read as follows. Accessary. A building, structure or use is "accessory' I It Is: (i) subordinate and iridentat b a lawful principal baffling and use on the same building site, and gg is necessary or conven ent for a lawful principal use of such building. An acceamry buildina. structure or use can include but is not limited to a created guest graders goal Oberst mamer rourn or other similar use (Butsee Table Yi, Note 2.) Accessory porters (or 'AO'). A dwelling unit meeting all of the fallowing chiral (i) it 0located on the same building site with as , wW1qg nt wiMM a pnnupal bullding mnWnlnn a dwelling earlier single family (detached) use: and (ii) It Includes no mom than au hundred square feet of gross floor area Deallirq unit (or "OD"). A building, a single mom or a group of rooms a aep 9 -er capable of being occupied and which fabsdawall I R@ 9 QUARR Sepatia 1 1 r big quolAd As Or as e vh r have all of Me following: (I) direct access from outside M the building or Nmugh a common hall; (ii) plumbing I kitchen area including a sink, a relrigerear and waking equipment; and (Iii) afull bathroom including a sink, a commode and either a bathtub or a shower. Single- family (detached) use (e "SPo ). A use of a building site which meets all of Me following criteria: (1) There is no more than one dwelling unit, plus and or accessory quarters. Other lawful aboducery nnided an Me building site. (But see Table 74b). (2) The a a uses o multiple utility service on the building site. (3) There w no physical connecfion between any building an the building site and any other building on another building site. (4) No more then one family, plus no more than two duadenga) workers, reside upon the building age. (5) If the family includes a person not related to each of the others in the family within four degrees of mranguingy or affinity, the unrelated person real in the principal building with at least one al the others. (6) The entire building site is used exclusively for residendat purposes (although, as provided M the cal 1011im of °redden ial purposes," an affirmative defense Is available for a home occupation and an incidental sale). rnmxr; NOTICE OF PUBLIC HEARING 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 Ear parties i n interest and citizens to be heard i n relation to proposals to end 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; B. "Accessory" and "Single- family (detached) a to clarify types of lawful accessory uses permitted In a single- family district; and. C. "Dwelling" to clarify which elements are minimally necessary for a structure to be considered a dwelling. The Z &PC has been valuating staff - proposed, clarifying changes t0 the zoning Ordinance. In particular, the Z &PC is attempting to address the requirement that within a single- family (detached) district (SPD), 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 who have a c over quarters o r detached garages o separate buildings are not allowed to update them legally, while residents with attached accessory quarters have more fl ezibility such uch space A detached garage c containing accessory quarters is not a legal, conforming use of the accessory at rmcture. romis6 The presumption is that attached accessory quarters are allowed since it ve unlikely that a homeowner would lease accessory quarters within the principal structure to an related person. However, it not necessary tO a the definition of "accessory quarters- in attempt to prevent leasing because leasing is prohibited by the Code of Ordinances and there are other provisions written into the regulations to discourage multi - family use in a SFD. The definitions of a "dwelling" and ory quarters" were not written just a a prohibition against certain types of but also to establish minimum requir menus for a structure in o a SM. The Z&PC's c e that the existing regulations may over-regulate spaces contained within a SM. Residents may ant to use these spaces for special single - family purposes such as guest suites and game come. Other examples of accessory buildings, structures might include outdoor eC living spaces, such a cabana -type structures or kitchen patio areas e that a intended to be extensions of swimming pool spaces and Outdoor living areas. Additional details on the proposal s well the Zoning Ordinance and Code of Ordinances are all available for public inspection in the municipal Building, 3000 University Boulevard, Houston, Texas 99005. The proposed changes to the Zoning Ordinance and Code of Ordinances would apply generally within the City, and any person interested n 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: /s /City Secretary