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Home My WebLink About09132018 ZPC Agenda Item 3 • • 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 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING FRONT PORCHES AND BALCONIES; 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 comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 2005, adopted May 9, 2015 and as amended thereafter ("Zoning Ordinance"); 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. i • 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 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: Prepared: • • City Manager Approved as to legal form: City Attorney • S 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 of the City of West University Place, Texas ("City") relating to FRONT PORCHES AND BALCONIES. 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 would establish definitions for "porch" and "balcony". The proposal would prohibit balconies from the second floor level if located in the front yard and reiterate where a railing is allowed. One of the principal purposes of the amendment is to help prevent overcrowding in the front yard and help maintain adequate light and air and an open streetscape. 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: voted "aye; " "noes; " absent . Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Chair, Zoning and Planning Commission • • Amend Section 2, Certain Terms, by adding the following definitions: porch is a roofed structure, usually open at the sides,projecting from the face of a building and used to protect the entrance of the structure. balcony is a platform enclosed by a wall or balustrade on the outside of a building, with access from an upper-floor window or door. Amend Section 7, Table 7-1, Note 1.2 by adding: Note 1.2. Porch In Front Yard. On a building site in a residential district with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line(Example: the maximum projecting volume on a 521/2-foot wide site would be 50 cubic feet x 52.5, or 2,625 cubic feet). (iii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens. (b) A solid or partially open safety rail not higher than 3.5 feet above the porch floor, and a partially open decorative railing or balustrade not higher than 3.5 feet above the porch roof/ceiling. Solid half-walls are prohibited above the roof/ceiling of the porch. (c) Supporting vertical columns, if the total width of the outer faces of the columns does not exceed either 50%of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum sized pereh. The width of a column is measured at its thickest point above 3.5 feet above the porch floor. The"maximum sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited by the open area requirement for the front yard. The "outside perimeter" of a porch is the portion of the perimeter out in the front yard; it does not include the portion of the perimeter adjacent to a building or lying along the front setback line. (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example: if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet). (v) No projecting balcony shall be constructed or placed on top of or above a projecting porch. 410 Oil 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 . Each 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 hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal (s) to amend the City's Zoning Ordinance, as follows: Scope of Proposal. The proposal would establish definitions for "porch" and "balcony". The proposal would prohibit balconies from the second floor level if located in the front yard and reiterate where a railing is allowed. One of the principal purposes of the amendment is to help prevent overcrowding in the front yard and help maintain adequate light and air and an open streetscape. Additional details on the proposal (s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal (s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Thelma Gilliam, City Secretary • { �{ \/& -- — — — ------- — ---�f.--- 4 }E NN[ . ) # °i " ® os� § \ \\>,-') !:'-E' 4. � gR/ } % @g\ I y % ƒ II k ■ § ( a ;% \ R\.. _ g 1 9 I .-.. .. .. --.-----.-.---. 9 --.— . . . . . . . ._. . > # ��---�---�—�---�---�—�—� e �--- Q o \ f/\ k ®R2 1 ) 1i tea' \ \./ \ w $ § ) k ii \ ! / m ` Co ' ) \ \ I. 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