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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 • • 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. • • 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 • • 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) ill 111 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 • • 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