HomeMy WebLinkAbout10042001 BSC Agenda item 4 •
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BUILDING& STANDARDS COMMISSION
Council Chambers
3800 University Blvd,Houston, Texas 77005
MEETING MINUTES
July 5,2001
6:00 p.m.
I. MEMBERS PRESENT: James McDaniel, Steven Stelzer, Jim Collier, Ahmad Jan
Durrani
II. MEMBERS ABSENT: Bryant Slimp,Roy Harper,and Les Albin
III. STAFF PRESENT: Dennis Mack,Neslihan Tesno, Greg Murray and Sallye A.
Clark
Agenda Item Discussion Action
1. Call to Order. None. James McDaniel called the meeting to order at
6:05 p.m.
2. Citizens who wish to be None. None.
heard.
3. Citizens who wish to None None.
address agenda items.
4. Approval of Minutes. The minutes of the May 24,2001 meeting. James Collier moved to approve the minutes
from the May 24, 2001 meeting as written.
Ahmad Jan Durrani 2nd. All voted aye.
Motion passed. Minutes approved.
5. Matters relating to the ADA Greg Murray, City Manager, Sherman Yehl's James Collier moved that the Building and
Grievance Policy in the intern gave a presentation on the Building and Standards Commission would accept the role to
City. (Presentation by Greg Standards Commission serving as the appeal act as the Appeals board for the ADA
Murray) Board for the ADA Grievance Procedure. This Grievance Procedure. Steven Stelzer 2"d the
procedure is a three-step process. motion. All voted aye. Motion passed.
6. Matters relating to possible Dennis Mack, Building Official gave a brief Steven Stelzer moved to recommend approval
amendments to the Code of overview of the amendments. Dennis stated that as written to City Council to approve. James
Ordinances, Chapter 6 one of the requirements would be that the Collier 2"d the motion. All voted aye. Motion
relating to drainage and contractors provide a recorded copy of the site passed.
official site plans. plan with site plan attached prior to construction.
Therefore,those drainage requirements are met.
He also explained that this would be a two-step
process: 1. Propose a 1/8' per fall per foot
(minimum),2.Foot and a half fall drainage catch
basin to the street. Dennis Mack stated that
Drainage criteria would be available to the
Building and Standards Commission at the next
regular meeting. Mayor Linda Lewis, Council
Liaison had an idea that the Landscaper to
register as a contractor and pull a permit with
acknowledgement of qualified drainage
requirements.
•
Building Standards Commission Meeting Minutes
Page 2
7. Matters relating to Sign Jim McDaniel went over the typographical errors No action was taken on this agenda item.
Regulations and and asked what the Sign Ordinance Amendments
Amendments, Chapter 3, were designed to do. Dennis Mack, Chief
Code of Ordinances. Building Official explained that this Sign
Ordinance was to require commercial lots to be
consistent and to limit the temporary signs in
amount and trying to control sign clutter and
size. Jim McDaniel stated that the Zoning and
Planning Commission offered Building and
Standards the opportunity to review before
moving forward.
8. Staff Comments. (Non None. None.
Action Items)
9. Commission Member None. None.
Comments.
10. Adjournment. James Collier moved to adjourn. Steven Stelzer
2nd the motion. All voted aye, motion passed.
The meeting adjourned at 6:55 p.m.
Attachment: "DRAFT"ADA Grievance Policy
"Draft"Amendment for"Official Site Plans"including additional drainage provisions,etc.7-2-01.
PASSED AND APPROVED THIS DAY OF ,
James W.McDaniel,Chairman
ATTEST:
Sallye A.Clark,Planning and Development Assistant
(. I/ I I -
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ADA Grievance Procedure / 1
DRAFT
ADA Grievance Procedure
Purpose
The purpose of this procedure is to secure, in the easiest and most efficient manner, resolution of
grievances. For the purpose of this organization, a grievance shall be defined as a complaint
regarding access or alleged discrimination.
Scope
This procedure shall be available to all individuals using the services and facilities of the City,
applicants for employment with the City, and all employees of the City.
Procedure
STEP 1:
All grievances are to be submitted in writing to the ADA Coordinator. The grievant shall set
forth in the body of the grievance the nature of the complaint, the facts upon which it is based,
the specific nature of the perceived barrier to access or alleged discrimination, and the relief
requested. No grievance shall be accepted which has been submitted: 1) more than one hundred
and eighty(180) days after the occurrence of the event giving rise to the grievance; or 2)within
one hundred and eighty(180)days after the grievant, through the use of reasonable diligence,
should have had knowledge of the event.
Within ten (10) calendar days of receiving the written grievance, the ADA Coordinator will meet
with the grievant and attempt to resolve the grievance. The ADA Coordinator will provide a
written response to the grievant within ten (10) calendar days of the meeting. If the ADA
Coordinator's response does not resolve the grievance to the satisfaction of the grievant, he or
she may proceed to Step 2 by giving written notice no more than ten (1�calendar days after the
ADA Coordinator's response is received or due. Off' dcd'e, I` ` 1}.e,"
STEP 2:
All written requests of appeal will be considered by the Building and Standards Commission.
Consultation will be sought from an expert in the specific disability area related to the complaint
in question. Following the Commission's review of the written appeal, a hearing will take place
in which the grievant may present the specifics of the grievance and the desired relief. Notice of
the public hearing will be given and the proceedings of the hearing shall be open to the public. 9
CS<C3e The Commission shall issue a written decision within-foxty-five 145)calendar days of being
�}�''" notified of the appeal. All Commission proceedings shall be recorded, transcripted, and
�� maintained. If the complaint still had not been resolved to the satisfaction of the grievan , e or
she may proceed to Step 3 by giving written notice no more than ten (10) calendar days after the
Building and Standards Commission's written decision is received or due.
STEP 3:
Step 3 appeals will be considered by the City Council in a public hearing. A determination must
be made within thirty (30) calendar days of the public hearing. All determinations of the City
Council shall be final.
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ADA Grievance Procedure/2
Records
Record of proceedings and action taken on each request or complaint must be maintained for
each level of the grievance process.
Reprisal
Reprisal against any grievant or witness is prohibited. No individual's right to prompt and
equitable resolution of a complaint shall be impaired by his/her pursuit of other remedies, such as
the filing of a complaint with the U.S. Department of Justice or any other appropriate federal
agency. Furthermore, the filing of a lawsuit in state or federal district court can occur at any time.
Source: City of Mankato/misc.
l "
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Amendment for
10,A
"official site plans" .
including additional
drainage provisions, etc.
7-2-01
Amend Subsection (0 of Section 6.110 of the Code of Ordinances, as follows:
(d) Temporary, conditional permits. The Building Official may issue temporary or
conditional permits if:
(1) appeal or enforcement proceedings are pending or contemplated;
(2) the permit helps to reconcile two or more applicable regulations;
(3) in the case of major development, it appears that the work has been
completed in compliance with applicable regulations, and the permittee is
diligently pursuing the preparation of a final official site plan; or
(4) the permit helps achieve compliance with an applicable regulation.
The Building Official may cause a notice of such a temporary or conditional occupancy permit to
be recorded in the real property records of the county.
Amend Section 6.403 of the Code of Ordinances, as follows:
Sec. 6.403. Surveys; Official Site Plans.
(a)Basic survey. For each development project for which a permit is required, the
applicant must submit a boundary survey showing all existing and proposed structures. The
Building Official may waive this requirement if substantially equivalent infonnation is available
from other sources.
(b)Forms survey. For each major development project and each new foundation of a
building, the applicant must submit an additional survey showing the actual location of all
foundation forms or guides as set upon the ground. They must be located accurately with respect
to the boundaries of the building site. This additional survey must be delivered to the Building
Official not later than noon on the first City working day preceding the day on which the first part
of the foundation is poured or affixed to the ground, and it shall be unlawful to proceed with such
pouring or affixing before the Building Official makes a note on such survey to the effect that the
proposed foundation appears to comply with yard and site regulations.
(c)Drainage, elevation surveys. This Code requires additional surveys for drainage, See,
e.g., Section 6.405 and Chapter 20. The zoning ordinance requires a survey to establish the
standard base elevation.
(c)(d)Standards. All surveys and official site plans (including their form, scope and
certifications)must meet standards prescribed by the Building official.
(e) Official Site Plans. An official site plan is required for projects involving major
development or grade raising, as follows:
(1) The main purpose of the official site plan is to assemble, coordinate and record
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important survey and compliance data that might otherwise be scatteredror `
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difficult to find. It is intended to be an aid to persons who must complyh
applicable regulations, not only during construction but also for years thereafter.
(2) An official site plan must clearly depict the following, as applicable: (i) data from
the basic survey, forms survey,standard base level survey and the drainage
topographic survey; (ii) easements and plat restrictions; and(iii) buildings,
pavement, other major structures, yards (or"setbacks"), fences,mechanical
equipment, garage openings, open areas,pervious areas, landscaping strips,
parking areas, driveways, sidewalks, loading areas, curb cuts, waste storage areas,
special screens, drainage facilities, required trees, tree pervious areas and other
features and facilities required to comply with applicable regulations (see. e.g..
this Chapter 6, Chapter 9, Chapter 19, Chapter 20, Chapter 22, the zoning
ordinance and other applicable regulations).
(3) Review and approval of official site plans are handled by the Building Official,
who shall approve them if they comply with this section and applicable
regulations.
(4) A proposed official site plan(showing"as designed"conditions)must be filed
with the Building Official as part of the application for a permit for the project.
No permit may be issued until the plan is approved.
(5) Each permittee must deliver the final official site plan(showing"as built"
conditions, all in compliance with applicable regulations) to the Building Official
by the sooner of: (i)the 30`h day following completion of the project(including
final ground cover and landscaping), or(ii)the 30`h day following the expiration
of the permit. In any event, it must be delivered and approved before any final
occupancy permit or similar approval may be issued, other than a temporary
certificate of occupancy. It must include the "as built"drainage plan drawing(as
confirmed and certified, with topographic survey data: see below). Any additional
review fee maybe waived if a registered professional engineer certifies that (i)
the"as-built"plan is not substantially different from the approved"as-designed"
plan and(ii) it provides site drainage better than or equal to the "as-designed"
plan.
(6) The Building official shall maintain files for final official site plans, as approved.
The files may be electronic. The Building Official may record a final official site
plan in the county real property records.
(7) The Building Official may issue a"low impact" certification for small-scale
projects that, as a practical matter, will have no impact, or very minor impact,
upon required yards, neighboring property and drainage patterns. The"low
impact"certification shall be accepted in lieu of an official site plan.
(8) The Building Official shall provide an expedited, low-cost procedure for minor
amendments to official site plans previously approved. Major amendments are
handled in the same manner as new plans.
Amend Section 6.405 of the Code of Ordinances, as follows:
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Sec. 6.405. Drainage plans and permit requirements.
(a)Drainage in general. On each site where major development or grade raising occurs,
each permittee, each successive owner and each successive person in control of the site has a
continuing duty to:
(1) provide adequate site drainage at all times, unless otherwise specified in an
approved drainage plan,and
(2) implement fully the approved drainage plan(if contained or referenced in
an official site plan or permit) .• : • • ... ).
"Adequate site drainage" means drainage that: (i) captures substantially all of the rainwater that
would either fall onto the affected area as a result of a 10-year frequency rainfall event
(determined according to criteria used by the Texas Department of Transportation)or otherwise
flow into the affected area as a result of such an event; and(ii) causes the rainwater to be
absorbed in that area or conveyed to a . . . . .' . . lawful receiving
place for rainwater,without escaping onto any other site and without washing significant
quantities of soil or debris off the building site . The "affected area"is the
area affected by grade-raising work or, in the case of major development, the entire building site.
(b)Building permits; "low impact"exception. A building or similar permit that
authorizes major development or grade raising is void unless it contains or references either:
(1) an approved drainage plan that complies with this section, or
(2) a"low impact"certification by the Building Official, to the effect that the
work authorized by the permit will probably have no drainage impact, or
very low impact,upon neighboring property.
(c)Requirements for drainage plan. Each drainage plan must: (i) include a topographic
survey drawing(with "spot"elevations) showing the affected area and the receiving points for
runoff, "as-is,"before work on the site begins, (ii) include clear drawings and descriptions of
proposed temporary and permanent drainage measures that produce adequate site drainage, (iii)
minimize the amount of fill and tree damage, (iv) minimize the effect of drainage upon off-site
areas, (v)contain additional information requested by the City cnginccr or Building Official, and
(vi)be prepared and sealed by a professional engineer licensed to practice in Texas. A plan is
not effective until approved by the Building Official eitr engineer. Amendments to a plan also
require approval by the Building Official eitr engineer.
(d)Implementation of drainage plans. Either temporary or permanent measures to
achieve adequate site drainage must be put into effect no later than the time when the grade-
raising activities are started, or, in the case of major development, the time when the first foun-
dation is poured or otherwise affixed. The temporary measures must remain in effect until the
permanent facilities are installed and are operating as designed. Permanent measures to achieve
adequate site drainage must be installed and operating as designed before the grade-raising work
or major development is completed. Temporary measures may incorporate all or part of the
permanent measures.
(e) Confirmation of drainage plan ("as-built'). For each project for which a drainage
plan is required,each permittee has a duty to deliver the following to the Building Official:
(1) a topographic survey drawing(with "spot"elevations and flow directions)
depicting the entire affected area and the receiving points for runoff, both
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"as-designed" in the approved drainage plan and"as-built,"and ''gin,
(2) a written statement, from a professional engineer licensed to practice in
Texas, confirming that the approved"as-built"drainage plan has bccn
does, in fact, achieve adequate site drainage
consistent with this section.
These confirmation items must be delivered,together with the official site plan,when required
by this Code(see. e.g, Section 6.403). ..' •• .•
. .•- - • ,.' . v. . . • , . , .- . .• . . ., . : .: • • v •••
� .: •
•• - ..' .' _ . - . - -, •• • - - .. _ , • • - - .- . - . - •
(f)Surveying and engineering waivers. The City engineer may waive a surveying or
professional engineering requirement for any drainage plan that is very simple and that will
obviously achieve adequate site drainage, without the need for professional preparation or
analysis.
(g) Other Rights and Duties. Some persons may have State-created rights and duties with
respect to surface water and drainage. These rights and duties, if they apply, would typically
arise from natural drainage patterns, although it would be unusual to find natural drainage
patterns still in existence in built-up urban areas like the City. For example,under State water
laws, a property owner may have the right to allow water to drain naturally onto neighboring
property, and the owner of the neighboring property may have the duty to receive the water. This
• . . - - . • • . .. - • . . •• . . - • .1 . . • - .• '
• •• •, . - : . - - - • • . . . 1 • •. • :I • ■ • • iv
• .. • • ••••• ' • • • . However: (i) neither this Code nor any actions taken by
City officials shall ever be interpreted to diminish any other rights or duties arising under State
water laws, and(ii) any person who receives any form of permission under this Code remains
obligated to carry out all State-created duties and to respect all State-created rights, whether
required to do so by the City or not. . . , - ., .
property: Every property owner remains free to pursue all State-created rights and remedies
against other property owners, and it is neither required nor appropriate to involve the City in any
such proceeding.
Amend Section 20.004 of the Code of Ordinances, as follows:
Sec. 20.004. Applicability, reviews, and site plans.
(a) Generally. All property proposed for subdivision within the City shall hereafter be
laid out in accordance with this chapter for approval by the Z&PC, and no other subdivision will
be recognized by the City. Prior to the proposed plat being considered by the Z&PC, the Director
of Public Works will review the plat and make written recommendations to the Z&PC on said
subdivision request.
(b)Site plans. For all proposed plats or replats (except replats of previously-developed
SFR sites to create revised SFR sites, each with 5,000 square feet or more) ,
carry-crrtiorral-sirrgle-fmilr-detaeihed hoi.isk, - , - . - , the following
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apply:
(1) an a proposed official site plan covering the entire area to be platted or replatted
regulations), must be filed as part of the filing package for airy-plat
preliminary plat approval;
(2) each proposed official site plan must meet City standards for approval (see
Chapter 6), except that the plan may omit (or simplify) building details and other
information unnecessary to establish easements, lot dimensions, reserves, streets,
other .lat features or required facilities for drainage utilities access etc. all as
determined by the Building Official and confirmed by the Z&PC);
(3) after final plat approval, the approved official site plan must be filed among the
City's plat records, with the original recorded plat,in addition to other filing and
recording required by Chapter 6; and
(4) all construction in a platted or replatted area must comply substantially with the
approved official site plan submitted and filed in conrn,Ltian with the plat-oi
rcplat, unless rithervvist authorized by atr arrrended another official site plan
approved under Chapter 6.
arc beard in thc-ust.ral manner, by either the-BSC or the ZBA, depending upon the ism...
(c)Engineering reports. In addition to other engineering reports, the Building Official or
the Z&PC may require an engineering report to demonstrate that a site plan or a plat(or
development thereon) will comply with applicable regulations regarding parking, driveway,
egress and drainage. They may require that the reports be prepared by a registered professional
engineer.
C0I07\540siteplanR
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