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HomeMy WebLinkAbout04222019 ZPC Agenda Item 3 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) 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: Wilson, Cutrer, Tsai, McEnany, Jensen, Brantley and Johnston voted "aye"; No "noes"; None absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS 11 WP/t1I-r/Ir\. Chair, Zoning and 101‘ ning 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 Use of a building site in an SF District for business ;Ten years from the g 1987 effective activities date PNC status for space which Ten years from the Presence of more dwelling units than allowed in qualifies as conforming 1 1987 effective an SF District. date . accessory quarters is not 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 i I — _- - 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 canopy or similar object designed or used to Time period ending on October shelter a motor vehicle,a boat or similarly-sized 1,2008 items. I � Use of a building site,or any portion thereof, as ail Time period school without a special exception as granted by lending on May 31, the ZBA. 2022 Time period Non-conformance with regulations for fence-like hedges on building sites . ending on October 1,2021 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 containing no principal building 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. Exception: Along major thoroughfares, a fence-like hedge may be placed to screen and buffer light and noise from adjoining residential properties. 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 ending on October hedges on building sites . 1, 2021