HomeMy WebLinkAbout09132018 ZPC Agenda Item 4 • •
City of West University Place
Harris County, Texas
Ordinance No.
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A
PROPOSAL TO AMEND THE ZONING ORDINANCE AND CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
REGARDING FENCE-LIKE HEDGES; PRESCRIBING PROCEDURES
AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West
University Place, Texas ("City") has submitted a preliminary report on a proposal to
amend the zoning ordinance of the City, as last reformatted and re-adopted by
Ordinance No. 2005, adopted March 9, 2015, and as amended thereafter ("Zoning
Ordinance"); and
WHEREAS, the preliminary report also proposes amendments to the Code of
Ordinances of the City; and
WHEREAS, the Z&PC's preliminary report is attached to this ordinance as
Exhibit A and made a part of this ordinance by reference; and
WHEREAS, the City Council desires to call a joint public hearing on such
proposal;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE:
Section 1. The City Council hereby calls a joint public hearing before the City
Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the
hearing shall be held in the Council Chamber of the Municipal Building, 3800 University
Boulevard, West University Place, Texas 77005 during the City Council meeting set to
begin at 6:30 p.m. on . The hearing may be recessed and continued
to the City Council meeting set to begin at 6:30 p.m. on at the same
place, unless rescheduled. The City Manager may reschedule either date and time, or
both, to accommodate other pending matters, but the rescheduled date(s) and time(s)
may not be later than 30 days past the later of the two dates set by this ordinance.
Section 2. The purpose for the hearing is to provide an opportunity for parties in
interest and citizens to be heard in relation to the proposal described in Exhibit A
Section 3. The procedures for adoption of the proposal shall be as follows: (1)
notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report
by the Z&PC, and (4) vote by the City Council on the question of adoption. The
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procedures for enforcing the proposal shall be as set out in the existing Zoning
Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted
to the Z&PC for its consideration.
Section 4. The City Secretary shall give notice of such hearing as prescribed by
this section. The notice shall be in substantially the form set out in Exhibit B, which is
attached and made a part of this ordinance by reference. The notice shall be published
in the City's official newspaper (or another newspaper of general circulation in the City)
at least once on or before the 16th day preceding the date of the hearing. In addition,
the notice shall be mailed to the persons on the mailing list for the City Currents
newsletter. The notices shall be deposited in the United States mail on or before the
ninth day preceding the date of the hearing, properly addressed with postage prepaid.
The notices may be included within the newsletter, or with utility bills or may be
separate. The City Council specifically approves giving combined notice of two or more
hearings in a single notice document, as this would save money and also provide better
information about the full scope of possible amendments to all interested persons.
Section 5. The City staff is authorized to make all necessary arrangements for
the hearing and to assist the Zoning and Planning Commission and the City Council.
Section 6. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance, or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the
remainder of this ordinance and the application of such word, phrase, clause, sentence,
paragraph, section or other part of this ordinance to any other persons or circumstances
shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the conflict only.
Section 7. The City Council officially finds, determines and declares that
sufficient written notice of the date, hour, place and subject of each meeting at which
this ordinance was discussed, considered or acted upon was given in the manner
required by the Open Meetings Law, Chapter 551, Texas Government Code, as
amended, and that such meeting has been open to the public as required by law at all
times during such discussion, consideration and action. The City Council ratifies,
approves and confirms such notices and the contents and posting thereof.
Section 8. Because the proposal to amend the Zoning Ordinance is vitally
important and should be considered at the earliest possible date, a state of emergency
is declared requiring that this ordinance be read and adopted finally at this meeting.
Accordingly, this ordinance shall be adopted finally on first reading and shall become
effective immediately upon adoption and signature.
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PASSED, APPROVED, ADOPTED AND SIGNED on , 20
Attest/Seal: Signed:
City Secretary Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
forms/ORD 54 o calling zoning hearing 7-06
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
September 13, 2018
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 and Code of Ordinances of the
City of West University Place, Texas ("City")
relating to FENCE-LIKE HEDGES .
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.
Existing ordinances restrict man made fences in front
yards . This proposal restricts "fence-like hedges" or natural
fences in front yard areas . A fence-like hedge is vegetation or
foliage having the characteristics of a fence and growing higher
than 36 inches . A sunset provision for non-complying fence-like
hedges is proposed for a three year period to end on October 1,
2021 .
The exact wording of the proposal is attached. The
Commission believes that this proposal would enhance public
safety and help protect visibility and "streetscapes" in the
City' s neighborhoods .
Preliminary Recommendation. Based on the limited review
given this matter so far, and subject to further review
following a public hearing, the Commission: (i) finds that the
proposal, if adopted, would be in the public interest, (ii)
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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 : voted "aye; " "noes; " absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
Chair, Zoning and Planning Commission
Amend Fence-like Hedges—Section 7, Table 7-6, Notes 8.1, 8.2, and 8.3.as follows:
Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or
authorized by city ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances;
provisions in PDD schedules for front fences). Also in the Code of Ordinances, there are: (i)
requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences,
certain "fence-like hedges" and other things in visibility areas (Chapter 82). In a QMDS low
fences (3.5 feet or lower) may be located anywhere, if made of ornamental metal or pickets.
Note 8.2. Fence-like hedges. Fence-like hedges within the front yard (setback)of a building
site are prohibited. This provision applies to all adjacent side
yard building sites and rear through building sites. Visibility triangles and visibility areas, as
defined by this ordinance, are subject to further restrictions as contained in Chapter 82 of the
Code of Ordinances.
Add to Section 12-103, Losing PNC Status through passage of time.
Section 12-103. -Losing PNC Status.
(i) Passage of Time . The following PNC items lose PNC status upon the expiration of the time periods
indicated:
PNC Item Time Period Special Conditions
Ten years from the
Use of a building site in an SF District for business
1987 effective
activities
date
PNC status for space which
Ten years from the
Presence of more dwelling units than allowed in qualifies as conforming
1987 effective
an SF District. accessory quarters is not
date
necessarily lost.
Ten years from the
Use of a building site by more than one family in
1987 effective
violation of SF District use regulations
date
Time period
Outdoor lighting in violation of Article 8 ending on August
31, 2004
160 months
Lack of special screens in violation of Article 8
following the 1987
(waste storage or loading)
effective date
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Ten years
Non-compliance with pervious area requirement
following the 1987
in the C District.
effective date
Non-conformance with building regulations by a
Time period
canopy or similar object designed or used to
ending on October
shelter a motor vehicle, a boat or similarly-sized
1, 2008
items.
Use of a building site, or any portion thereof, as a Time period
school without a special exception as granted by ending on May 31,
the ZBA. 2022
Time period
Non-conformance with regulations for fence-like
hedges on building sites . ending on October
1, 2021
a 4
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 a joint
public hearing in the Council Chamber of the Municipal Building,
3800 University Boulevard, Houston, Texas 77005 during the City
Council meeting set to begin at 6: 30 PM on . The
hearing may be recessed and continued to the City Council
meeting set to begin at 6: 30 p.m. on
at the same place. The purpose for the hearing is to provide an
opportunity for parties in interest and citizens to be heard in
relation to proposals to amend the City' s Zoning Ordinance (and
Code of Ordinances) , as follows :
Scope of Proposal.
Existing ordinances restrict man made fences in front
yards . This proposal restricts "fence-like hedges" or natural
fences in front yard areas. A fence-like hedge is vegetation or
foliage having the characteristics of a fence and growing higher
than 36 inches. A sunset provision for non-complying fence-like
hedges is proposed for a three year period to end on October 1,
2021 .
The exact wording of the proposal is attached. The
Commission believes that this proposal would enhance public
safety and help protect visibility and "streetscapes" in the
City' s neighborhoods .
Additional details on the proposals as well as the Zoning
Ordinance and Code of Ordinances are all available for public
inspection in the Municipal Building, 3800 University Boulevard,
Houston, Texas 77005 . The proposed changes to the Zoning
Ordinance and Code of Ordinances would apply generally within
the City, and any person interested in such matters should
attend the hearings . The proposals may be adopted only after
notice and hearing and would control over anything inconsistent
in the current Zoning Ordinance or Code of Ordinances.
Date: /s/City Secretary