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HomeMy WebLinkAbout06132019 ZPC Agenda Item 3 From: Wilson, Richard [mailto:richard.wilson@nortonrosefulbright.com] Sent: Thursday, May 30, 2019 10:52 AM To: Debbie Scarcella Subject: Projecting balcony issues The issues that I am aware of with respect to the projecting porches amendment are: 1. Whether to delete window from the definition of balcony.There appeared to be consensus about doing that in our last meeting. I think the idea was that people are not likely to use a window for access and that the window might be used to water plants. 2. Whether"above the porch ceiling" is the correct language to use in note 1.2(iii). I think the correct measuring point may be the floor above the porch ceiling.) I don't recall who raised this issue, but I think we are really talking about whether the 3.5 feet should be measured the top of the joist versus the bottom of the joist. I think you were going to work on that language. 3. Whether to remove "or useable (habitable or non-habitable) space"from note 1.2 (v). I think the idea was to allow gables over porches if the projections were modest. I have attached a prior email on the subject that references some of the photos I sent you about a month ago. I am just concerned here that we are unintentionally banning uninhabitable attic type space under the roof over a projecting porch. The building code may provide adequate protection here. 4. Whether to allow shallow(i.e. 2-3 feet) projecting Juliette balconies.The exemplar is the house on Mercer with the 3 foot projecting second story covered Juliette balcony. If we do want to allow the projecting Juliette balconies,we should reword note 1.2 (v)to read: No balcony that projects more than _feet/inches shall be construct or placed above ...". I don't have strong feelings on this subject, but I am not offended by the Mercer design. Perhaps another example besides the Mercer house would be useful. I think my original idea was to prohibit the kind of second floor balcony where people were putting tables and chairs and creating second story living space in the front yard (and that does not even count as framed area).Things seem to have been added to the original concept.The items I raise above all generally fall into the expansion category(except#2 above). Unless my vote is needed on any particular one of these issues, I would suggest that these issues be addressed in my absence at the next meeting. I am far more concerned about votes being taken on the noise and weed ordinances in my absence than I am with these fairly minor issues concerning the nuances of the second floor projecting balcony ban. Let me know if you have any questions for me on this topic. City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING THE PROJECTION OF BALCONIES IN THE FRONT YARD SETBACK AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last re-formatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001, and as subsequently amended ("Zoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC as well as the City's Comprehensive Plan, and City Council formally approves and adopts the report of the Z&PC; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the Z&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a 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 Texas Open Meetings Act, as amended, and that each 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. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED, AND APPROVED on first reading on , 20 CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNED, on , 20_ Attest: 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 May June 13, 2019 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to FRONT PORCHES AND BALCONIES THAT PROJECT INTO FRONT YARD SETBACKS. 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. Public Hearing. A public hearing with members of City Council and the Zoning and Planning Commission was held on April 22, 2019. Three speakers talked about concerns regarding not understanding the reason for limiting the balconies and the need to rethink the proposal and give it more discussion. There was minimal comment otherwise. The Commission met immediately following the hearing to discuss the proposal and is recommending minor language changes to clarify that no useable space of any kind is allowed above a projecting porch. Recommendation. Based on the review given this proposal so far, the Commission: (i) finds that the proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the proposal, and (iv) recommends that City Council adopt the proposal. The Vote . The vote on approval of this report was as follows: voted "aye; " "noes". Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, .TEXAS Presiding Officer 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 der 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 second floor of the porch. Solid half- walls are prohibited above the ceiling of the porch. (c) Supporting vertical columns, if the total width of the outer faces of the columns does not exceed either 2555-8%of the outside perimeter of the porch. or 25%of the theoretical outside perimeter of a 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 -- . •- . . :. 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 or enclosed, habitable space shall project more than 24" when constructed or placed above the ceiling of a projecting porch.