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HomeMy WebLinkAboutORD 1979 Regarding Definitions of Building Sites and Locations of FencesCity of West University Place Harris County, Texas Ordinance No 1979 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DEFINITIONS OF BUILDING SITES AND LOCATIONS OF FENCES; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECTS. 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 be 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 providod 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 Z&PC's final report in Exhibit A, which is attached and made a pad 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 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, 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 May 13 , 20 13 . QDY ASSED, AND APPROV ED on secontl reatling, AND SIGNED, on 013 . Signed: elary Re in de rh City Manager Approved as to legal farm: City Attorney ExhlbdA Zoning & Planning Commission City of West University Place, Texas 3600 University Boulevard West University Place, Texas 90005 April 11, 2013 Honorable Mayor & Members Of the City Council City of West University Place 3808 University Boulevard Houston, Texas 99005 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 DEFINITIONS OF BUILDING SITES AND LOCATIONS OF FENCES. To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission (Z&PC) 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. Many building sites are made up of multiple lots that are developed as single building site under the requirements of Sec 5 -100 of Appendix A of the City Code of Ordinances, the - Zoning Ordinance ". Some of these building sites a oddly shaped, adjoin two different street frontages or are combined with another lot and are not clearly defined in the Zoning Ordinance. In some cases those yard areas that have been front yards for many years a a fenced as if they were rear or side yards. The purpose of this proposal is to 1) clarify that the provisions in Table 7 -6 of the Zoning Ordinance apply to building sites, 2) clearly define the - standard types of building sites and, 3) amend rules for fencing of these building sites. A) . This proposal amends Appendix A, Table 7 -2, Yards ( or setbacks ") of the City Code Of Ordinances to clearly define a through lot or r through lot and Clarify that both types of lots require front yard setbacks for fencing and for fence -like hedges, B). This proposal amends Appendix A, Table 0 -6, Notes 8.1, 8.2 and 11, which clarify that the definitions apply to building sites and that fencing is red in the zoning ordinance and Chapter 10 of the Code of Ordinances, C). this proposal adds definitions of different building sites to Chapter 2 of the Zoning Ordinance, and N1. This proposal amends Chapter 18 of the Code of Ordinances to standardize the requirements for fencing in the front yard and for rotated corner building sites. The public hearing held on April e, 2013 at 6:30 p.m. in a joint session a with City Council yielded s comment from the public. The a public hearing w recessed and continued to the regular session of the Zoning n and Planing Commission held on April 11, 2013 at 6:00 p.m. There were additional C s comments received and no changes to the proposal requested. The Zoning and Planning Commission closed its portion of the public hearing. Recommendation. Based on the review given this proposal, the Z &PC: (i) finds that the proposal, if adopted, would be i the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have a e the lasts comprehensive r of the zoning ordinance, n (iii) makes its final recommendation favorable to the proposal, and (fv) recommends that ethe City Council adopt the proposal. The Vote. The vote on approval of this report was as follows; Brown, Frankel, neStefano, Griffith, Parikh, Clark and McEnany voted ^aye "; 0- noes "; o absent. Respectfully submitted: ZONING AND PLANNING COMISSION OF ME CITY OF WEST UNIVERSITY PLACE. TEXAS By: For the Chmnieeran ^Exhibit A" Amend Table 7.2 ofApperlduA of the City Cade of Ordinances of true City of West Urdvershy Place, Texas to sobs! Hany read asjo!lows: Table 2Q: Yards General Rule: No part of any structure may be la[ated Milian a part of a (or setbacks) bulltlNg site incluaM within a yarn defined, by District, in this sable. ('WW means the rule I not apply.) Ex[¢y0ms /Spe[lal Rules: (t) Structures may be located in yards to Me extent a11owN by the Projections Schedule. (2) See special rules headed in table. (3) See PDD Schedules for Planned Development Deal (4) See additional setbacks in the I Schedule. Item Measurement SF I SF 2 SF -3 20 feet if the building site depth is 110 TH ID R OR GR 2 20 !t, C 30 ft, Front yard Distance from front street line. feet or less; 25 feet If the building site See See Note ] See depth is more than 110 feet but not more Note ]. more than 125 feet; 30 feet if the building site 5 depth is more Nan 125 feet. see WW 5, Interior Distance from Greater of l(I% of building site wtdM or 5 51G See Note a. see 5ft. side yard sine property fret. see Note 2. Note 7. sae line parch side). Note 1, Street side Distances from Greater of life of Greater of 1 0 %of 10 fl. see Notes 15 ft. yam side street line. balWlrq site well or building site val SR See Notes 2, 3, or 5 feet See NOfes b. 2, 6, Rearyad Distance from 20N See None 1. 20 f1. S ft. See Note S ft. rear pracerty See 2. line. Note T. SF - _ Dirtanrefmm N/A N/A N/P Wft. see Nate]. loft. 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The ZBP may prer.'ars,a memxb mall arm all W epml memos rmllrq to mania am Abot8 Amend APPeadu A, Table 7.6 Prgoe2ars Schedule, of the City Code of Ordinances of the Cky fWe-st Universal Phase, Texas to substantially read asfolkill Table 78. PralMon s Schedule. cant Type Of Structure Madmum Allowed] Projection (in burns), Marshall Special WAa For From The Ibude Edge 0f The Yard. Catcall Wen fi Pervious Areas Front Yard Pear Yard Side Yard 5F anferyard Certain Ea4stiall 120' No limit NO limit No limit The area may Accessory gees generally, count as both risen Structures but see Nate area and pmian 7, Mill %ayground 0 No limit 0 No limit The area may ryulpment count as both open area and pervious Flagpoles 12V 0 0 0 The area may count as both open rea and peMOUs mine a.r ragg, mgene nary pres man arm awsn peen area coed agrevry Opium Oroum[amnbe Ca anmmm le.a. prWWOm ncupermo are CoYOroreli cod mnmein POD x eaorram mroam, Levan ma CO,, d Ourraman earn am.(Brw'mmema ar emergency Parris in hei urmser eel "a 00 'i an mitaxas , mnnn mrae, are emae, am oux ear, '. v maayarw laiwr %cal in e iwrana ®lssrraananreyte v anamma e, a mamdemmdLmwi m.w qwu Now 02. Formaname mi Farr POLL .u" me rmm Pane Palau d a waupaue eemunmB ne panenal anrwa lllmepm*Darvnrx roai�xaremmab!msVmdeemrearmmrgn waQUy�ysg. viaieury rnvreim am visieuuy card m m.m ey ma o2wm, w sugem ro warner nnnebm v emwnm n cregzr ex a ue cod a omiwrte[. Weer. wa ewnvreaoea rvdv ewnnBagmerda�ndBV erbrm[aoranYdNraLMerca, no urea aievae ivua nwr a a[mer el¢ISFI aI[rra6ersp rwlemprary mnnrurnon renwararulrnb/Ceµa�leNN�i C[1darS�sr[ ®. Fenced 0, but see When No Limit, Dart No Omit The area does not Note58.L see Notes count as either 8.1, am 11. 8.1, 9..3 and open or pervious II. area Swimming 0 0, but see No limit The area coun[sm pools Note 9. open area. IX Ay the water area ourts as peri Tennis courts 0 0 No limit The area counts as (with open area hurt not associated peMOus area screens) lunless the area is made m great. Lights and No limit No limit No limit No Limit The area may lampposts gererally, generally, genirmyr, generally, count as both open but see Dart see but sae Note butsee Note area am pervias Note 10, Note 10. 10. 10. area 2' No limit No limit No limit Theater may Duna as both Open area M pendow FSign area No Iund 0 0 0 The area do es not ount as either Wen w pervbus mine a.r ragg, mgene nary pres man arm awsn peen area coed agrevry Opium Oroum[amnbe Ca anmmm le.a. prWWOm ncupermo are CoYOroreli cod mnmein POD x eaorram mroam, Levan ma CO,, d Ourraman earn am.(Brw'mmema ar emergency Parris in hei urmser eel "a 00 'i an mitaxas , mnnn mrae, are emae, am oux ear, '. v maayarw laiwr %cal in e iwrana ®lssrraananreyte v anamma e, a mamdemmdLmwi m.w qwu Now 02. Formaname mi Farr POLL .u" me rmm Pane Palau d a waupaue eemunmB ne panenal anrwa lllmepm*Darvnrx roai�xaremmab!msVmdeemrearmmrgn waQUy�ysg. viaieury rnvreim am visieuuy card m m.m ey ma o2wm, w sugem ro warner nnnebm v emwnm n cregzr ex a ue cod a omiwrte[. Weer. wa ewnvreaoea rvdv ewnnBagmerda�ndBV erbrm[aoranYdNraLMerca, no urea aievae ivua nwr a a[mer el¢ISFI aI[rra6ersp rwlemprary mnnrurnon renwararulrnb/Ceµa�leNN�i C[1darS�sr[ ®. wae1 r,m aa,ka „ aWIir�atw�w We H a�; .m.,e m,..m.,Aaww�, brim, ° w a areMi..,�o Add Chef llowing to Chapter 2 of Appointee A, Section 2- 102, "Canada Terms". For purposes of des; asundmeah due illustrations attached and iabeled2 -102a, h, c board are adopted as apart of this proposal and added to the i/lustradons N the end ofalph appendix. "Comerbuitlnasle'or lot'means IS besting site abutting two streets intersecting at an angle of not more Nan one hundred thiov -five degrees. If the angle M intersection is more than one hundred thimi -five degrees. Me building site is an 'interior Iof . other than a corner building site wlih immoral on more Than one street other than an dl" 'Interior Inandina Pfe "or "IOY meare a buildino site abutting only one street or abutting I streets which intersect W an auwle greater than one hundred thldy -five degrees. 'Adjacent Pont yard buildnw stint "or "Or means a building site Net abuse another through a shared sue property line. Rotated comer building site or lor.. A comer buiung she in the SF -1 DISMut which has been "rotated' from one street to the other, such that it has a frond street line lying along a street that is different imm Me street along Much the front street line of Me original comer lot would lie. The original comer lot is the single subdMded lot on the same comer, as created by the plan recorded in Volume 444, Page % of Me Dead Records of Hams County, Tares, entitled 'Map Showing Want University Place, A Part Cd The A.C. Reynolds Survey, Hams County, Texas." In the SF -1 District most moment comer holding sites Will be oriented raft soi because most of the original comer lots were oriented east "at (except for lots along University Soulevow or Cason Street). Amend Chapter 18 Code of Ordinances Fencing Regulation to read as follows: Sec. 18-202. - Prohibition in front or side. (a) Prohi No fence maybe constituted, improved orsimdurally aftered on the front peg m vartl taeWad0 of any building site. Exceptions: this resins ion does not apply to low Pursuing wells, in othlonal security fences, fences owned by soy governmental entity or fences or wells specifically required or allowed W be located in the front pertlen yob unfrock) W a raiding site by this Cade or the doing ordnance.lwipisaNSla wasPWwwWe �llll�lll -- - ---ER ---- --- - -- / /M / /E / /II / /OTTi /W /LrpTH /3WT /E /r I IPIW0P9EICH�39 /RT� I HUNWP WE I OAIEItBY!➢H:&IE Illustration 2 -102a THROUGH BUILDING SITES mm SHEET Illustration 2 -102b ADJACENT SIDE YARD i nawcExraoerae� i i SUEUw SrtE/ I I SHEET Illustration 2 -102b ADJACENT SIDE YARD MA¢o FWW Illustration 2 -102c ROTATED CORNER BUILDING SITE U« =,I ✓, BtMBLE M 9uI1CIAE NFA f� MEE Y�/ MFA gg BuILOAxE Ifff xLLMBLE wlO 0 P.AW91E OAFA �/ AF '� If6A BIxOP&E <fffA � I L PE1 — 4IBnLKLME - - - - - "— MWEmr uxE WILONG -VAPIfiS WUNGSaDErrxnsoRLEWS WSETe WILDNGSIROEFT OVM IISm12S=H SEIBKK eunoxGSlrt oEnx wExlss =msEreocK Im, YW. V eos�mmx wcrcrwo-mEEE* Illustretlon 2 -102d YARDS(SETRACKS)