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HomeMy WebLinkAbout04072005 BSC Agenda Item 6 * • .,...„ , Good Luck ki Best Wishes 1,1 Mr. John Ayres From the Building & Standards Commission • ends Request eq oast Business of the City Council City of West University Place, Texas AGENDA OF: March 28, 2005 ITEM NO.: 05-26 DATE SUBMITTED: March 23, 2005 DEPARTMENT OF ORIGIN: Public Works PREPARED BY:. Neslihan Bilir Tesno, PRESENTER: Neslihan Bilir Tesno, City Planner City Planner Steve Brown, Zoning & Planning Commission SUBJECT: Ordinance# 1781, calling a joint public hearing on a proposal to amend the Zoning Ordinance relating to side and rear yard projections. EXHIBITS: Preliminary report from Zoning & Planning Commission. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: N/A EXECUTIVE SUMMARY: This proposal is to amend the zoning ordinance in regard to buildings that project into the side and rear yards and the location and height of mechanical equipment in said yards. Table 7-6, Projection Schedule allows buildings to project into these yards (Note 3-rear yard, Note 5-side yard). Certain conditions must be met for these projections to be allowed. One such condition is that there is no window, door or opening (except for opaque, non-operable openings or skylights) above the ground floor within 10 feet of another building site. This has been interpreted that it includes any window within 10 feet; ZPC believes that the intent was only to regulate windows that actually face the adjacent properties. In the past this has restricted windows on the front of garages. These windows are often needed for emergency egress. RECOMMENDED ACTION: Hold the joint public hearing on the proposed amendment to the Zoning Ordinance. • • Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 January 13, 2005 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 side and rear yard projections 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 is to amend Table 7-6 of the Zoning Ordinance to : (1) modify the existing rules regulating buildings that "project" into side and rear yards; (2) allow mechanical equipment in rear yards (like AC units) to be raised more than 14 inches above the ground, but only up to the minimum flood damage prevention level established by City ordinance; and (3) allow replacement mechanical equipment to be located in the side yard if: (i) it leaves at least 18 inches of clearance from the property line (rather than 36 inches, as now required) and (ii) the fire marshal determines there will not be an impediment to emergency access . A copy of the proposal is attached. • • 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 Hor 4oa>> Haz :%+i., RX6o nay1 voted "aye;" no "noes; " � :1abla.. R 7 Ekw c;�f absent absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS <771]Ailii)?7-- By: For the Commission • • • A mendment relating to side and rear yard projections (Table 7-6) 12-8-04 Amend Notes 3 and 6 of Table 7-6 as follows: Note 3. Buildings In Rear Yard or SF Bufferyard. A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria:(a)No part of it 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 opaque,non-operable openings or skylights.(c) Space in any projecting building may only be used for single-family(detached) use.(d)Cpd,,,,u.The projecting part of a principal building may not include more than 600 square feet of non-garage space,and the ground floor must be at least 51%u.•5,.,.1,b.,garage space . . .. . . . •.• . • . . • . .• •. ,, " restrictions in Article 10. ' •• ). See garage a»s Note 5. Garages In Side Yards. Each projecting building must meet all of the following criteria:(a)It must be at least three feet from the side property line(no projection toward the side street line being permitted.(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),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 opaque, non-operable openings or skylights. 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 off-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 15 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 15 of the Code of Ordinances. However,replacement equipment 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. if • • 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 March 28, 2005. Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April 11, 2005, 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 proposed amendments to the City's Zoning Ordinance, as follows: [INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR THIS MEETING] Side and Rear Yard Projections. This amendment would: (1) modify existing rules for buildings that"project" into side and rear yards, including rules relating to windows, doors, openings and non-garage space; (2) allow mechanical equipment (like air conditioning units) in a rear yard to be elevated to the minimum level of the lowest floor of the principal building, as established by flood damage prevention ordinance; and (3) allow replacement mechanical equipment to be located in a side yard, if it leaves at least 18 inches clearance from the property line and is determined not to interfere with emergency access. Additional details on the proposed amendments as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. No amendment may be adopted until after notice and hearing, and any amendment adopted would control over any inconsistent provision in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary • "Agenda Request g Business of the City Council City of West University Place, Texas AGENDA OF: March 28, 2005 ITEM NO.: 05-27 DATE SUBMITTED: March 23, 2005 DEPARTMENT OF ORIGIN: Public Works PREPARED BY: Neslihan Bilir Tesno, PRESENTER: Neslihan Bilir Tesno, City Planner City Planner Steve Brown, Zoning & Planning Commission SUBJECT: Ordinance # 1782, calling a joint public hearing on a proposal to amend the Zoning Ordinance and Chapter 6 of the Code of Ordinances relating to old-stock housing EXHIBITS: Preliminary report from Zoning & Planning Commission. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: N/A EXECUTIVE SUMMARY: Earlier this year City Council asked the Building & Standard Commission to investigate the preservation of `old stock housing', which generally means smaller homes older than 40 years. After their initial review, a report was forwarded to the Zoning & Planning Commission. The Zoning & Planning Commission decided that the most beneficial way to preserve `old stock housing', was to grant more flexible criteria for an applicant to be granted a variance to remodel, or enlarge, one of these old stock homes. The ZPC also is recommending allowing special exceptions in regard to side and rear yards (setbacks) and the open area requirement on these existing home sites. RECOMMENDED ACTION: Hold the joint public hearing on the proposed amendment to the Zoning Ordinance and Chapter 6 of the Code of Ordinances relating to old-stock housing. • • Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 061149 � , 2005 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 . The proposal is to amend various provisions of of the Zoning Ordinance and Chapter 6 of the e Code of Ordinances to allow more regulatory flexibility for "old- stock housing, " which generally would mean smaller houses more than 40 years old. Key provisions would: (1) allow the ZBA to consider preservation of old stock housing as a factor in granting variances; and (2) allow the ZBA to issue special exceptions for additions to old stock housing in side and rear yards; and (3) allow the BSC to consider old stock housing when it considers variances from other regulatory ordinances . A copy of the proposal is attached. 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 Brctcni Hort)Le,t .1 Pa56ce:rnan and Icff voted "aye; " no "noes; " '1abch_.► f✓i Sre ,,1 absent . Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission • Amendments relating to "old stock housing" (Definitions) 1-12-05 Add a definition as follows: Old stock housing. One or more buildings on a site meeting all the following criteria: (i) the principal building was built more than 40 years previously with a gross floor area of 1,700 square feet or less, (ii)the gross floor area of all buildings on the site does not exceed twice the gross floor area of all the buildings as they existed 40 years previously. Add the following at the end of Article 11: 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(up to a total gross floor area, for all buildings, that is twice thegross floor area of all the buildings as they existed 40 years previously). Add a new note 6 to Table 7-3: Note 6. Old Stock Housing. ZBA may issue a special exception to reduce the open area requirement in the rear yard, if the ZBA determines: (i)the reduction is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area, for all buildings, that is twice the gross floor area of all the buildings as they existed 40 years previously); and(ii)there will be no substantial adverse impact upon nearby properties. Add "See Note 6"in the rear yard open area box of Table 7-3. Add a new note 13 to Table 7-6: Note 13. Old Stock Housing. 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 as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings, that is twice the gross floor area of all the buildings as they existed 40 years previously); and(ii)there will be no substantial adverse impact upon nearby properties. Add "See Note 13"in every box of Table 7-6 that restricts buildings or attached structures in side yards, rear yards or SF Bufferyards. (optional) Amend Section 6.206(d) 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 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 expanded,up to a total gross floor area,for all buildings, that is twice the gross floor area of the buildings on the site as they existed 40 years previously) . (2) Whether the application involves remedial work necessary to bring a structure into compliance with applicable ordinances. (3) Whether there are other similar circumstances in existence. • • • 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 March 28, 2005. Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April 11, 2005, 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 proposed amendments to the City's Zoning Ordinance, as follows: [INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR THIS MEETING] Old Stock Housing. This amendment would: (1) define "old stock housing" by age (over 40 years) and maximum sizes; (2) allow protection and preservation of old stock housing to be considered in connection with variances, not only from the zoning ordinance but also other ordinances; and (3) allow special exceptions for existing, remodeled or expanded old stock - housing in side yards, rear yards and certain bufferyards. Additional details on the proposed amendments as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. No amendment may be adopted until after notice and hearing, and any amendment adopted would control over any inconsistent provision in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary • • genda Request Business of the City Council City of West University Place, Texas AGENDA OF: March 28, 2005 ITEM NO.: 05-28 DATE SUBMITTED: March 23, 2005 DEPARTMENT OF ORIGIN: Public Works PREPARED BY• Neslihan Bilir Tesno, PRESENTER: Neslihan Bilir Tesno, City Planner . City Planner Jim Dougherty, City Attorney Steve Brown, Zoning & Planning Commission SUBJECT: Ordinance # 1783, calling a joint public hearing on a proposal to amend the Zoning Ordinance relating to uses and parking. EXHIBITS: Preliminary report from Zoning & Planning Commission. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: N/A EXECUTIVE SUMMARY: This proposal is to update the zoning ordinance relating to uses (especially ones requiring special exceptions) and parking requirements. This proposal would: 1. confirm that certain uses (e.g. schools, places of worship) may be located anywhere in the city; 2. require special exceptions where there is a "high density occupancy" which is defined to include gatherings that cause traffic impediments; 3. allow the ZBA to issue special exceptions for private schools on split sites (partly in C districts); 4. provide updated and more flexible parking regulations for institutions (e.g. community center, library, school, places of worship); 5. allow more joint use of off-street parking spaces, with ZBA approval; 6. allow above-grade parking in the C district, with ZBA approval; and 7. update and revise related wording in the Zoning Ordinance. RECOMMENDED ACTION: Hold the joint public hearing on the proposed amendment to the Zoning Ordinance. 1 i • • Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 Tan uu y 3 . 2005 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 uses and parking To the Honorable Mayor & Members of City Council : The Zoning & Planning Commission of the City submits this, r, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons . Scope of Proposal . The proposal is to amend various sections of the Zoning Ordinance to update the regulations of uses, especially uses now requiring special exceptions . The proposal would: (1) confirm that certain uses (e. g. , places of worship, public schools) may locate anywhere in the City; (2) require special exceptions when there is a "high- density occupancy, " which is defined to include gatherings that could cause traffic impediments, for example; (3) allow the ZBA to issue special exceptions for private schools on split sites (partly in the C District) ; (4 ) provide updated and more flexible parking regulations for institutions (e . g. , community center, library, school, place of worship) ; (5) allow more joint use of off-street parking spaces, with i • ZBA approval; (6) allow above-grade parking in the C District, with ZBA approval; and (7) update and revise related wording in the Zoning Ordinance. A copy of the proposal is attached. 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 hearin g 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 13rc :o,Horot.u,-rz}Rts&, ;iv c nci P ie,FF voted "aye; " no "noes; " Ac6Sjrncb4.and 6-tet.,:ltrr absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For he Commission III e • • Amendment to update Table 7-1: Uses 1-12-05 Amend Table 7-1 as follows: U Table 7-1: V SeS General Rule: Within each District:uses marked"A'are allowed as the primary use,uses marked"SE" are allowed as the primary use to the extent authorized by special exception,malt uoly t.,tl..,..,.t.,.,t • ' _ ,•nd uses marked"X"are prohibited. Exceptions/Special Rules: (I) See PDD Schedules for planned development districts.(2) See special rules noted in table. The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Category Specific Use SF-1 SF-2 SF-3 TH GR-1 GR-2 C Residential Single-family A See Note 1. A (detached) Single-family X X X A See A X (attached) Note 1. Other residential X I X X X A X Public and Semi-Public Park,playground, SE SE SE 3E 3E A or community center(public), A. See Notes 1 and 3. See Notes school(public), place of worship 3 and 4 Private green space See Notes 1 and 2. • .. ... • 9-E 9•E 9-E 9-E 9$ 9-E 9-£ t School(other) X X X X X X SE See Note 9. See Note 3. Cl..,...1. 9•E 9.EE 9-E 9-E 9-E 9-E Utility or service A See Note 1. use. See Article 8. P W SF use. gee A or SE See PWSF Schedule.See Note I. f'WSF S,.I,c,ful.. Commercial Light commercial X X X X X X A See Article 8 regarding " certain sexually oriented Medium X X x x x x SE businesses. commercial All other uses X X _ X _ X X X x Note 1. Hi_h-densi occu.ancies in SF District. Hi_h-densi occu.ancies are allowed in SF Districts onl to the extent authorized b a ssecial exception. The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is(i)accessory to a lawful primary use and(ii)reasonably compatible with nearby sites and their uses(in addition to any other findings and determinations required for a special exception).Note:A previously-issued special exception that authorized a use with a high-density occupancy is sufficient to comply with this note. Note 2. Private Green Space. Vineyards,gardens,landscaping,private playgrounds and other similar uses that are predominantly pervious, vegetated an non-commercial are allowed in all districts. Unless otherwise authorized by a special exception,the only structures allowed are fences,playground equipment and landscaping structures(e.g.,low,retaining walls,borders,etc.). The ZBA may issue a special exception to authorize other structures. The special exception shall include a site plan specifying and limiting allowable structures. If so ordered by the ZBA,the site plan controls over any other ordinance to the contrary. However,the site plan may not specify yards(or "setbacks")different from those otherwise required,unless the ZBA finds that the different (ii) yards are: i Y necessary available space and(ii)compatible with nearby sites and their uses. The special exception may allow accessory struc r ture without a of the principal building. Note 3. Special Exceptions. . • : -. '. . . . . . ' ' . - .• : .Accessory Uses and• Structures. In the indicated districts,the ZBA may issue a special exception to authorize additional uses and structures,if the ZBA finds and determines that each additional use and structure is: (i)accessory to a law fulprimary use and(ii)compatible with nearby sites and their uses. The special exception ma y include a site p lan identifying and limiting such uses and structures. I i • Note 4. Park,Playground,Etc. In this dirt,,..t the C District,a park,playground or community center may be privately or publicly owned. Note 5. Parking Use in PDD-SF2. The ZBA may issue a special exception to authorize parking of motor vehicles in connection with nearby commercial activities,upon approval by the ZBA of the types of vehicles,design of parking facilities(including landscaping,paving, lighting,fences or walls,signs,etc.)and curb cuts,all of which may be included as site-specific conditions of the special exception. Not e 6. Light Office Use in PDD-C1. The only commercial use allowed in PDD-C1 is light office use,meaning offices for conducting real estate, insurance and other similar businesses and the offices of the architectural,clerical,engineering,legal,dental,medical and other established and recognized professions,in which only such personnel are employed as are customarily required for the practice of such business or profession. Note 7. Garden-style use in PDD-TI-14. "Garden-style'single family detached use is allowed in PDD-TH4 if authorized by a site plan meeting the requirements of Ordinance No. 1560,adopted October 12, 1998,which is continued in effect for the original site plan and for amendments and replacements of that plan. Such a site plan,after approval by ordinance in accordance with Article 14,controls over any provision elsewhere in this ordinance. Note 8. Attached dwellings in PDD-SF3. Any existing attached dwellings which complied with the former Schedule PDD-TH3(Browning Townhouse PDD)at the time of their construction have PNC status,under and subject to Article 12 of this ordinance. The minimum width for interior side yards for such dwelling units is zero where there is an existing common wall(or existing continuously-abutting separate walls)along the property line,in either case with a four-hour fire rating or better. The minimum number of parking spaces is two per dwelling unit,and additional guest parking is not required,notwithstanding other provisions of this ordinance or any special exception issued under this ordinance. Note 9. School(other). A special exception may authorize this use on sites wholly within the C District or partially within the C District and partially within another district. [Correlative changes apply to the second page of Table 7-1.] Amend definitions in Article 2, as follows: Church. Place of worship. Those spaces designed and used for actual worship by a recognized and organized religious group,having an ordained minister,priest, rabbi, or similar religious leader, including parking areas and necessary supporting facilities, but not including non-worship spaces such as residences, dormitories, schools, child care facilities or physical fitness facilities. Commercial use, medium. Any land use composed of one or more of the following: auto-intensive uses, night assembly uses,schoolsTchurchesTtheaters, bars, clubs,physical fitness facilities or health care facilities. Any use which is partially a light commercial use and partially a medium commercial use shall be deemed to be a medium commercial use for all purposes. High-density occupancy means the use of a building or structure, or a portion thereof, for any of the types of gatherings described in Subsection A-1, A-2, A-3, A-4 or A-5, §303,International Building Code, 2000 Ed.,International Code Council, Inc., but only if the gathering exceeds any of the following parameters: (i) at least 100 people four times or more during any 12-month period, (ii) at least 50 people eight times or more in any 12-month period, or(iii) at least 25 people 16 times or more in any 12-month period. Night assembly use means a use of a building or structure, or a portion thereof, which meets all three of these criteria: (i) it is non-residential, (ii) it is operated between midnight and 6:00 AM more than four times or more in any 12-month period, and (iii) • •, .. .. . .. . . . . .. : . , . .• . . ., it involves the gathering of at least 25 people four times or more in any 12-month period. Add a transitional rule, as follows: The requirement for a special exception for a high density occupancy is deemed to be satisfied if, before the effective date of this [section or ordinance], the ZBA issued a special exception for a use that, at that time, included substantially the same high density occupancy. \mend Sections 10-100, 10-101 and 10-103 as fol lows: Section 10-100. Off-Street Parking. • • There must be off-street parking spaces for each occupied building space within the City, as set out below, and subject to the other provisions of this ordinance: Use or type of space Minimum number of parking spaces SFD use on a building site containing 5,000 sq.ft.or more. 2.0 per building site. See,also,Article 7. Other residential space.. 2.5(3.0 in PDD-THI,PDD-TH2 an PDD-TH5)per DU. See Note I. 3pa,,,(«�fuJ����a.Jitu■L„) 1.0 f■ in the Community center,library,school,or-place of worship, museum or similar 10.0 plus 3.33 per 1,000 square feet of gross floor area in excess of 2,000 square feet. institution space-,which may include mixed uses and types of space served by common parking spaces (including auditoria and any high-density occupancy spaces that are part of the institution) Health care facility space(not including offices) Greater of 1.5 per bed or 1.5 per employee on the maximum work shift. Theater or auditorium space or space with any high-density occupancy Greater of:(i) 1.0 for each four seats;or(ii) 1.5 per 1,000 square feet of gross floor (except as included in LI�.,..,1� s,ommunity center,library,school,,oltereh; area,plus 1.0 for each employee on the maximum shift. m-museum or similar institution)G Office space used to provide medical services 6.0 per 1,000 square feet of gross floor area. Other office space 4.0 per 1,000 square feet of gross floor area. Physical fitness facility space 10.0 per 1,000 feet of gross floor area. Studio and gallery space,bank and financial services space(except space Greater of:(i)5.0 per 1,000 square feet of gross floor area;or(ii)3.0 per commercial used for auto-intensive uses) unit. Space with auto-intensive uses 10.0 per 1,000 square feet of gross floor area. Retail space used for rental of personal property(except space used for 10.0 per 1,000 square feet of gross floor area. auto-intensive uses) Restaurant space,club,cafe and similar recreation or amusement space Greater of:(i)1.0 for each three seats for the general public;or(ii)10.0 per 1,000 (except space used for auto-intensive uses) square feet of gross floor area. Grocery store space,including neighborhood convenience store space 5.0 per 1,000 square feet of gross floor area. Other retail and personal service space 5.0 per 1000 square feet of gross floor area. Utility service space,research or testing laboratory space,laboratories, 1.0 for each three employees on the maximum working shift,plus 1.0 space for each warehouses truck or vehicle used in connection therewith. Shopping centers 4.0 per 1,000 square feet of gross floor area,plus spaces required for office,theater, auditorium and food service space. See Note 2. All other types of space and uses 10.0 per 1,000 square feet of gross floor area used or occupied by people. Note I. Guest spaces. There must be guest parking spaces marked and kept always available for common use,not reserved for specific persons or classes of persons. Minimum number of guest spaces:0.5 per DU(1.0 per DU in PDD-TH I,PDD-TH2 and PDD-TH5),rounded up. See Table 7-1,Note 7 regarding parking for"garden style use"in PDD-TH4. See Articles 7 and 10 regarding grouping and other requirements. Note 2. Additional spaces for shopping centers:(a)If office space exceeds 10%of the gross floor area of the center,add 3.0 spaces per 1,000 square feet of office space in excess of 10%.(b)If a theater or auditorium occupies 10%or less of the gross floor area of the center,add 3.0 spaces for each 100 seats in the theater or auditorium.(c)If a theater or auditorium occupies more than 10%of the center's gross floor area,the seats are apportioned on a square-foot basis, so that one portion corresponds to 10%of the gross floor area and the other portion corresponds to space in excess of 10%;for the 10%portion,add 3.0 spaces for each 100 seats,and for the portion in excess of 10%,add 25.0 spaces for each 100 seats.(d)If there is any food service space,add 10.0 spaces per 1,000 square feet of gross floor area of food service space. Section 10-101. Parking Spaces; Basic Counting Rule. To compute the parking requirements for any p articular buildin g, the total parking requirement shall be the sum of the specific parking space requirements for each use or type of space included in the building, as set out above. Exception: This does not apply to a community center, library,school, place of worship, museum or similar institution or to shopping centers; see special rules, above. * * * Section 10-103. Location of parking spaces. (a) Same Site Rule. All parking spaces required by this ordinance must be located on the same building site with the building space served. Exception: the required spaces may be located up to 300 feet from the • • entrance of a building served (and may be outside the City limits) for: (i)parking for building sites not used primarily for residential purposes where an increase in the number of spaces is required by a change or enlargement of use, m-(ii) spaces allowed by this Ordinance to be used jointly for two or more uses or types of space .. .' , . '- -, or(iii) a community center, library, school,place of worship, museum or similar institution with mixed uses and types of space served by common parking spaces. (b) Yards and Street Areas. In an SF District, all parking areas and maneuvering areas (including dead- end or stub driveways)must be behind the principal building or surrounded by opaque fences or walls at least six feet in height, and all such areas are prohibited in front yards. Exception: Maneuvering areas connected only to a major thoroughfare may be located anywhere on the building site or adjacent street area, to the extent reasonably necessary to provide a turnaround allowing vehicles to leave and enter the roadway going forward. In a non-SF District, no required parking space may be: (i) closer than 10 feet to a street area, except an alley, or(ii) farther than 500 feet (driving distance) from a street area. (c) Certain Joint Use Of Spaces. The ZBA may issue a special exception to allow up to 75 percent of the parking spaces required for any use or type of space building sitc to be used jointly for another use or type of space lmildiirg-site, if the ZBA finds that no increase in on-street parking is likely to result. See Table 7-5a. (d) Above-Grade Parking. No parking spaces may be located above grade. The ZBA may issue a special exception to allow above-grade parking in the C District, if it finds and determines that there would be no significant adverse effect on property with a single-family(attached or detached) use. (e) Easements in PDD-CI. In PDD-C1,parking spaces may not be located in any easement for underground utilities. 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 March 28, 2005. Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April 11, 2005, 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 proposed amendments to the City's Zoning Ordinance, as follows: [INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR THIS MEETING] Uses and Parking. This amendment would: (1) update and modify provisions for certain uses in residential areas, including parks, playgrounds, community centers, schools, places of worship, etc., and confirm that such uses may locate anywhere in the City; (2) define "high-density occupancy" to include assembly-type gatherings and require a special exception (issued by the Zoning Board of Adjustment, or ZBA) for any such occupancy in a single-family (SF) district; (3) impose additional restrictions on accessory uses and structures; (4) provide a special exception for a non-public school partially within the C (commercial) District and partially within another district; (5) modify the definition of"night assembly use;" (6) modify off-street parking requirements for high-density occupancies and institutions such as community centers, libraries, schools and places of worship; (7) modify rules governing shared use of off-street parking spaces; (8) authorize the ZBA to issue a special exception for above-grade parking in the C District; and (9) update and revise related wording in the Zoning Ordinance. Additional details on the proposed amendments as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. No amendment may be adopted until after notice and hearing, and any amendment adopted would control over any inconsistent provision in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary • Agenda Request Business of the City Council City of West University Place, Texas AGENDA OF: March 28, 2005 ITEM NO.: 05-29 DATE SUBMITTED: March 23, 2005 DEPARTMENT OF ORIGIN: Public Works PREPARED BY: Neslihan Bilir Tesno, PRESENTER: Neslihan Bilir Tesno, City Planner City Planner Steve Brown, Zoning & Planning Commission SUBJECT: Ordinance# 1784, calling a joint public hearing on a proposal to amend the Zoning Ordinance in regard to qualified trees. EXHIBITS: Preliminary report from Zoning & Planning Commission. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: N/A EXECUTIVE SUMMARY: Last year during the review of Chapter 22, the Urban Forest Preservation & Enhancement ordinance, it was recommended to require at least one qualified tree in the front yard on building sites. This was a requirement several years ago in the original tree regulations. RECOMMENDED ACTION: Hold the joint public hearing on the proposed Zoning Ordinance amendment. 1 • • Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard. West University Place, Texas 77005 ( ail LI , 2005 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 qualified trees 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 is to amend Table 7-3 of the Zoning Ordinance to require one qualified tree in the front yard (or adjacent street area) for most houses . This confirms a regulation that was in the original tree regulations, several years ago. A copy of the proposal is attached. 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 B, ;fir) Htt sti f-P&Vimulttn(j t- - voted "aye; " no "noes; " s 4 r absent . • • Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission • • Amendment relating to qualified trees 11-04-04 Amend Table 7-3 (both pages) as follows: Table 7-3: General Rule: Every building site must have the minimum open and pervious areas shown,by District,in this table. ("N/A"means the rule does not apply.) Exceptions/Special Rules: (I) See Open & Pervious Areas PDD Schedules for planned development districts.(2)See special rules noted in table.(3) See the Projections Schedule for details about calculating open and pervious areas. Item Measurement SF-I SF-2 SF-3 TN GR-1 I GR-2 C Open area Front yard, 60%. N/A 40% N/A minimum percentage. Rear yard, 60%. See Note 1. N/A N/A N/A minimum percentage. Entire building site, 40% 25% 25% 15% minimum percentage. Pervious area Front yard, 50% 50% See 50% N/A minimum Note 2. See Note 2. percentage Entire building site, 24% I5% 15% 15% minimum percentage. Landscaping strips Required,except for SFD uses on building sites with 5,000 sq.ft.or more. See Note 3. Qualified trees L a.pt f,For SFD uses on building sites with 5,000 sq.ft.or more,there must be at least one qualified tree in the front yard or in the adjacent street area. For all other uses,each qualified tree required by this ordinance or Chapter 22 of the Code of Ordinance must be located within a contiguous and reasonably compact pervious area containing at least 25 sq.ft. However, additional or better pervious area may be required to comply with Chapter 22. Pervious pavement In a QMDS only,pervious pavement is allowed to be used for all vehicular areas,and part of it may count as pervious area. See Note 4. Parking areas, Each parking area containing 21 or more parking spaces must contain interior pervious areas in interior "island"or"peninsula"configurations aggregating in area at least two square feet for each parking space. Note 1. Rear Yard Adjacent to Non-SF. The ZBA may issue a special exception to reduce the requirement for open area in a rear yard in a SF District to not less than 40%,if the rear yard abuts a non-SF District. Note 2. Pervious Area in QMDS. Front yard minimum pervious area requirement in a QMDS is 40%.,or 30%for a front yard in a QMDS"low-impact motor court." Note 3. Landscaping Strips. Vegetated pervious areas required as follows:(a)minimum five feet wide adjacent to each street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary. Exception:Strips are not required along alleys or where they must be crossed by sidewalks or driveways. Strips along street areas must have live,evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 22 of the Code of Ordinances(maximum spacing is 20 ft.). The building official s may approve different spacing for shrubs or trees,upon a showing that(i)the spacing is allowed by standard urban forestry criteria for the particular species and location and(ii)the spacing will comply with Chapter 22. The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular landscaping will,in all probability,be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property. Note 4. Pervious Pavement. In a QM DS,the area of the holes or gaps(if actually pervious)counts toward pervious area requirements(but no more than 30%out of any area with pervious pavement may count). • • 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 March 28, 2005. Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April 11, 2005, 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 proposed amendments to the City's Zoning Ordinance, as follows: [INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR THIS MEETING] Qualified Trees. This amendment would require at least one qualified tree in the front yard or adjacent street area of many sites with single-family detached (SFD) use. Additional details on the proposed amendments as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. No amendment may be adopted until after notice and hearing, and any amendment adopted would control over any inconsistent provision in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary • • Agenda Request Business of the City Council City of West University Place, Texas AGENDA OF: March 28, 2005 ITEM NO.: 05-30 DATE SUBMITTED: March 23, 2005 DEPARTMENT OF ORIGIN: Public Works PREPARED BY: Neslihan Bilir Tesno, PRESENTER: Neslihan Bilir Tesno, City Planner City Planner Steve Brown, Zoning & Planning Commission SUBJECT: Ordinance # 1785, calling a joint public hearing on a proposal to amend the Zoning Ordinance relating to planned development districts("PDD's"). EXHIBITS: Preliminary report from Zoning & Planning Commission. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: N/A EXECUTIVE SUMMARY: Last year City Council requested that the Zoning & Planning Commission investigate redevelopment regulations in commercial districts. ZPC determined that by allowing more flexible rules for planned districts (PDD's) that it may encourage redevelopment in commercial areas. The proposal would allow the possibility of a zero front yard setback in the commercial district, allow 2 or more owners in the C district to join together to apply for a PDD, (currently all the land must be owned by one person); and to modify the square footage requirements for the smallest PDD's. The possible zero front yard setback could encourage pedestrian oriented buildings to be built adjacent to the sidewalk. Allowing two or more owners to join in on the PDD makes sense in a community like West University Place where most commercial building sites are small and could not meet the square footage requirement. The square footage requirement was updated to reflect this possible joining of building sites. RECOMMENDED ACTION: Hold the joint public hearing on the proposed amendment to the Zoning Ordinance. • • Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 /Ja ua I , 2005 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 planned development districts ("PDD' s") 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 i s to amend Article 9 of the Zoning Ordinance to provide more flexible rules for PDD' s, especially in the C District . A copy of the proposal is attached. The proposal would: (1) allow the possibility of zero front yard setbacks in the C District (for example, where a pedestrian- oriented building might be built on the sidewalk) ; and (2) allow two or more owners in the C District to join together to apply for a PDD (currently, all the land must be owned by one person) ; and (3) modify the square footage requirements for the smallest PDD' s . 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 4 • • 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 Bcu n! ►-ur—u-: t; Rt!.35 4na,0an and B tt f voted "aye; " no "noes; " H65:i 1ro[ibc't.Ci;tcl S-tet:;Etf f absent . Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS 4 By: For the mmission • • • Amendment regarding Planned Development Districts (PDD's) 12-9-04 ARTICLE 9. PLANNED DEVELOPMENT DISTRICTS Section 9-100. Purpose. The purpose and intent of this article is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the City, with overall use regulations as set forth below and in accordance with the City's comprehensive plan. A planned development district is designed: (i) to allow development other than single family(detached)uses which is harmonious with close proximity to SF Districts and will provide a benefit to residents of the City; (ii)to enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance; (iii)to provide an alternative for more efficient use of land,resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs; (iv)to encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods; (v)to facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment; and (vi)to require the application of professional planning and design techniques to achieve overall coordinated developments and avoid the negative effects of tooset piecemeal or unplanned development. Section 9-101. Certain regulations. Within a PDD, the applicable regulations shall be described in the corresponding PDD schedule. A PDD schedule must require a minimum setback from the front street line on each building site of five feet, except for PDD's established in the C District. A PDD schedule may include the following land uses, and no others, determined by the pre-existing district in which the PDD is proposed: (1) In a SF District: single-family(detached)use only. (2) In a non-SF residential district: any use permitted in the GR-2 District. (3) In a non-residential district: any use permitted in the GR-2 District or the C District. Section 9-102. Site criteria. A person applying for the establishment of a PDD must own the entire area subject to the application. Exception: In the C District,two or more persons may own the area subject to the application, if they jointly apply for a single PDD. The area m ust include either: (i) 40,000 square feet or more, all contiguous or separated only by a street, or(ii)2-0;1390 30,000 square feet or more, all contiguous . -. ..- -. . .; - • . •• -, - - .. Section 9-103. Procedures. (a) Submissions. The applicant must submit a development plat (which may be the same as a plat submitted under another ordinance of the City, if allowed by such other • • • ordinance) and a development report containing a general description of the proposed development and an analysis of traffic patterns, street areas, drainage, utilities, and maint enance of public spaces, together with any additional items the building official or the Z&PC may reasonably request. (b) Processing. The processing procedure for approval of a PDD shall be the same as for an amendment to this ordinance. If a PDD is approved,the Zoning District Map shall be amended to show the PDD boundaries, and a PDD schedule shall be added to this ordinance to provide the necessary regulations. (c) Review;No Entitlement. The review of a PDD, like all amendments to zoning ordinances, involves extensive procedures and legislative weighing of competing policy considerations. Therefore, no person is guaranteed or assured that a PDD either will or will not be acted upon favorably or within any given period of time, and no person shall ever be entitled to the approval of a PDD under any circumstances. • 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 March 28, 2005. Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April 22, 2005, 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 proposed amendments to the City's Zoning Ordinance, as follows: [INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR THIS MEETING] Planned Development Districts. This amendment would: (1) allow reduced front setbacks in planned development districts (PDD's) in the C (commercial) District; (2) allow two or more owners to apply for a PDD jointly and meet minimum size requirements; and (3) raise the minimum size for PDD's from 20,000 square feet to 30,000 square feet and eliminate a requirement for prior separate ownership. Additional details on the proposed amendments as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. No amendment may be adopted until after notice and hearing, and any amendment adopted would control over any inconsistent provision in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary • Agenda Request Business of the City Council City of West University Place, Texas AGENDA OF: March 28, 2005 ITEM NO.: 05-31 DATE SUBMITTED: March 23, 2005 DEPARTMENT OF ORIGIN: Public Works PREPARED BY: Neslihan Bilir Tesno, PRESENTER: Neslihan Bilir Tesno, City Planner City Planner Steve Brown, Zoning & Planning Commission SUBJECT: Ordinance # 1786, calling a joint public hearing on a proposal to amend the Zoning Ordinance relating to depth and width measurements. EXHIBITS: Preliminary report from Zoning & Planning Commission. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: N/A EXECUTIVE SUMMARY: This proposal is to amend the definitions of"depth" and "width" in Article 2 of the Zoning Ordinance. The purpose of this amendment is to facilitate the building official in accepting the nominal site dimensions from a recorded plat. Due to latter surveys showing actual dimensions to be a few inches different from the platted dimensions, building sites were being put into non-compliance. This proposal will also decrease the number of cases sent to the ZBA when these latter surveys make their building sites in violation of the zoning ordinance by not meeting minimum size requirements. RECOMMENDED ACTION: Hold the joint public hearing on the proposed amendment to the Zoning Ordinance. � I • • II Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 IU '12) , 2005 w� 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 depth and width measurements To the Honorable Mayor & Members of City Council : ri 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 is to amend the definitions of "depth" and "width" in Article 2 of the Zoning Ordinance, as indicated in the attachment to this report . The principal purposes are to: (1) allow the building official to accept nominal site dimensions from a recorded plat; and (2) thereby, avoid putting sites into non-compliance when later surveys show the actual dimensions a few inches different from the platted dimensions; and (3) reduce the number of cases sent to the ZBA (for variances) when later surveys show minor discrepancies from platted dimensions . The proposal extends the approach that has long been used for "depth" measurements . Preliminary Recommendation. Based on the limited review 4 4 . . 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 frouxl Fb ;; { lPa trna.YOG,; Beicff voted "aye;" no "noes; " )ThG.,bcOa;+c{,SteLArfabsent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ° `C For e Commission ""� • • Amendment relating to depth and width and measurement (Definitions) 1-12-05 Amend the definition of"depth"as follows: Depth. With respect to the depth of an area, the average horizontal distance between the front and the rear. For irregularly-shaped building sites, the depth is deemed to be equal to the average distance from the front street line to the rear or side of the site when the distance is measured perpendicularly from points along the front street line. Foi . • . • •I1 ., • • . • . . PO. .' - - - - , .. • •, • - - . . . • • - . • • • • • O. - • • -• • - • . For this purpose, the building official may accept the nominal dimensions of a building site as shown on a recorded plat in lieu of the actual measured dimensions, when they are approximately the same. Amend the definition of"width"as fol lows: Width. In the case of a building site, the length of the front street line. For this purpose, the building official may accept the nominal width of a building site as shown on a recorded plat in lieu of the actual measured width, when they are approximately the same. 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 March 28, 2005. Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April 11, 2005, 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 proposed amendments to the City's Zoning Ordinance, as follows: [INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR THIS MEETING] Depth and Width Measurements. This amendment would allow the Building Official to accept nominal site dimensions from a recorded plat, in lieu of actual measure dimensions, when they are approximately the same. Additional details on the proposed amendments as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. No amendment may be adopted until after notice and hearing, and any amendment adopted would control over any inconsistent provision in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary