Loading...
HomeMy WebLinkAbout09132018 ZPC Agenda Item 5 • 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 MAXIMUM STRUCTURE HEIGHTS; 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. • • 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 • 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 MAXIMUM STRUCTURE HEIGHTS. 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 give some flexibility for those existing residential structures which have been flooded and are located in the 100-year floodplain and are being elevated to comply with floodplain regulations. The roof structure could be elevated equivalent to the height the foundation structure is being elevated, not to exceed thirty- nine feet. 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 i Amend Section 7-4b, Buildings, as follows: General Rule: Every structure must conform to the applicable regulations shown, by District, in this table.("N/A" means the rule Table 7-4b: Buildings does not apply.) Exceptions/Special Rules: (1) See special rules noted in table. (2) See Article 9 regarding Planned Development Districts. Item Regulation SF-1 SF-2 SF-3 TH GR-1 GR-2 C TCC Maximum One, plus one 17.5 per See Uses number per 24 per Dwelling units accessory acre.See Two table and N/A building site acre. quarters (AQ) Note 9 Art. 9 Maximum area Framed area, all as a buildings on a percentage of 80% 100%See Note 4. N/A building site building site area Length or Maximum width, any horizontal N/A 130 feet.See Note 3. N/A building dimension Exterior materials, any Must be of equal grade and quality, all sides.See building. Type N/A Section 8-104. A four-hour fire wall, or its equivalent, Separation of Fire-rated wall N/A must separate adjoining dwelling units. N/A DUs See Notes 3 and 5. SF privacy See Note 8. N/A Applies. N/A protection Accessory Maximum buildings number per Three N/A See Article 10 building site regarding • garage space. 35 ft.See Height, 35 ft.See 25 ft. Notes 12 maximum Note 2. and 13. Stories, Two and one- Three. See Note 6. N/A Two maximum half. Height, 35 ft.See 35 feet; 25 feet in rear yard.See Note 1 and 35 ft.See maximum Notes 12 Note 14. Note 2. and 13. Principal buildings 1,400 square See Article 10 Minimum gross 1,200 sq. feet, if used for 750 sq. ft, regarding floor area ft., each 1,400 sq.ft. residential each DU garage space. DU. purposes Width, But minimum N/A 16 ft., each N/A QMDS N/A DU. Schedule. Height and screening of rooftop See Note 11 N/A Applies- mechanical equipment Note 1. Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above the roof. The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof. Note 2. Height In C District. In the C District, no part of any structure (except a fence)may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 3. Building Detail, TH, PDD-TH and GR Districts. To separate buildings, there must be open area at least five feet wide maintained so that firefighters with hoses could pass through. Note 4. Framed Area In QMDS. Allowed square footage for a given building site is calculated by multiplying the allowable percentage by(a)the building site's area plus (b)an allocated part of any common use areas in the same QMDS (e.g., access easements, private streets, alleys, reserves, etc. that are not part of a building site). The allocated part is proportional to the building site's area divided by the area of all building sites in the same QMDS. • • Note 5. Building Code. Separation requirements are in addition to other requirements of building codes and other ordinances. See Code of Ordinances. General Rule: Every structure must conform to the applicable regulations shown, by District, in this table.("N/A" means the rule does not apply.) Table 7-4b,cont. Exceptions/Special Rules: (1) See special rules noted in table. (2)See Article 9 regarding Planned Development Districts. PDD- PDD- PDD- PDD- PDD- PDD- Item Regulation PDD-TH2 PDD-C1 SF1 SF2 TH1 TH4 TH5 TH7 Maximum One, plus One plus Dwelling units number per one AQ 17.5 per acre.See Note 9. one AQ building site Maximum 100%for all Framed area, area as a 100%. dwelling types all buildings percentage of 80% See other than TH; 100%.See Note 4. N/A on a building building site Note 4. 125%for TH. site area See Note 4. Length or Maximum width, any horizontal N/A 130 feet.See Note 3. N/A building dimension Exterior Must be of equal grade and quality, all sides.See Section materials, any Type N/A 8-104. building. A four-hour firewall, or its equivalent, must separate Separation of Fire-rated N/A adjoining dwelling units.See Notes 3 and 5. See also Note DU's wall 10(PDD-TH7 only) SF privacy Applies.See Note 8. See also Note 10(PDD-TH7 See Note 8. N/A N/A protection only) Accessory Maximum buildings number per N/A 3 N/A See Article 10 building site regarding garage space. 25 ft. 35 ft. Height, See Note • • maximum 2. Stories, 2 and one- 3 N/A maximum half 35, 25 in rear Height, yard.See maximum, in 35.See Notes 1, 7 and 14. 35 Principal Note 1 and feet . buildings 14. Minimum 1,600 gross floor 1,400 each 1,200 each DU each 1,300 area, square DU DU feet Width, feet (min,), N/A 16, each DU N/A outside to outside Height and screening of rooftop See Note 11. N/A Applies mechanical equipment Note 6. Height in GR-1, GR-2. Principal buildings in GR-1 or GR-2 Districts may be three stories high, but subject to the lower height limits prescribed for projecting spaces. See Table 7-2, Note 7. Note 7. Certain Projecting Buildings. Special height rules apply to buildings projecting into yards. See Tables 7-2 and 7-6. Note 8. SF privacy protection . On a building site where this applies, there may not be a direct sight line from any"third-floor viewpoint"to any point in an "SF privacy zone."A"third-floor viewpoint" is any viewpoint on a "third-floor area" at eye level (six feet)or lower. A"third-floor area" is any floored area (indoors or outdoors)where the floor is 18 feet or higher. The "SF privacy zone" includes every point: (i)within 100 feet of the third floor viewpoint in question, (ii) on a building site in an SF District, and (iii) below 20 feet in height. See Figure SFP. Note 9. Calculation of DU's Per Acre . In a QMDS only, the total number of DU's is divided by the total acreage of the QMDS to calculate the number of DU's per acre. Note 10. Spacing of Dwelling Units in PDD-TH7. Except where dwelling units are separated by common walls, the minimum distance between dwelling units shall be as follows: (i) No part of • any dwelling unit may be closer than five feet to another dwelling unit. (ii) No window may be closer than 50 feet to a facing window to living space in another dwelling unit. (iii) Neither eaves nor balconies may be closer than 40 feet to a facing window to living space in another dwelling unit. (iv) Neither windows to living space nor balconies may be closer than 20 feet to any facing wall of another dwelling unit. Note 11. Rooftop Mechanical Equipment. In the C, TCC and PDD-C1 districts, any rooftop mechanical equipment, whether new or replacement equipment, shall be accommodated within the maximum building height limit and shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building. This may include use of sloped roofs, a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted, provided that all such building features comply with and do not project above the maximum building height limit. Note 12. Building Placement and Maximum Height in TCC. In TCC, the following height restriction shall apply: (i) Principal buildings shall be located in the front 60 feet of the building site and shall be limited to 2 stories and 35 feet in height, including any rooftop mechanical equipment. (ii)Accessory structures shall be located in the rear 70 feet of the building site and shall be limited to 35 feet in height, including any rooftop mechanical equipment. (iii)Any rooftop mechanical equipment, whether new or replacement, shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building. This may include use of sloped roofs, a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted, provided that all such building features comply with and do not project above the maximum building height limit. Note 13. Street Level Orientation in TCC. In TCC, the first floor of all buildings shall be at grade level. Elevated structures with open areas or parking below the second floor are not permitted. Note 14. Height of Flood Loss Structures. The height of the roof for existing flood loss structures that are being raised to meet floodplain regulations may exceed thirty-five feet an amount equal to the height elevated, not to exceed four feet. 110 410 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 give some flexibility for those existing residential structures which have been flooded and are located in the 100-year floodplain and are being elevated to comply with floodplain regulations . The roof structure could be elevated equivalent to the height the foundation structure is being elevated, not to exceed thirty-nine feet. 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