HomeMy WebLinkAboutORD 2081 Amending Zoning Ordinance regarding Projection of BalconiesCity of West University Place
Harris County, Texas
Ordinance No. 2081
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 Commissil
( "Z &PC ") of the City of West University Place, Texas ( "City ") have held a jo
public hearing on a proposal to amend the Zoning Ordinance of the City, as IE
re- formatted and re- adopted by Ordinance No. 1672, adopted March 12, 20C
and as subsequently amended ("Zoning Ordinance ");
WHEREAS, the Z &PC has made a final report to the City Council w
respect to such proposal, which report is attached as Exhibit A and made a p:
of this ordinance; and
WHEREAS, the City Council has considered the report of the Z &PC
well as the City's Comprehensive Plan, and City Council formally approves al
adopts the report of the Z &PC; and
WHEREAS, all notices, hearings and procedures relating to amendii
the Zoning Ordinance, as may be required by law, the City Charter or the Zonii
Ordinance, have been duly given, held and followed, and the City Council h,
jurisdiction to amend the Zoning Ordinance as provided herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
THE CITY OF WEST UNIVERSITY PLACE:
Section 1. The City Council officially finds, determines, declares ai
adopts all of the matters set out in the preamble of this ordinance, and tl
Zoning Ordinance is hereby amended as recommended by the Z &PC, accordil
to the Z &PC's final report in Exhibit A, which is attached and made a part of tl
ordinance for all purposes.
Section 2. All ordinances and parts of ordinances in conflict herewith
hereby repealed to the extent of the conflict only.
Section 4. The City Council officially finds, determines and declares th
a sufficient written notice of the date, hour, place and subject of each meeting
which this ordinance was discussed, considered or acted upon was given in ti
manner required by the Texas Open Meetings Act, as amended, and that eai
such meeting has been open to the public as required by law at all times durir
such discussion, consideration and action. The City Council ratifies, approve
and confirms such notices and the contents and posting thereof. The C
Council officially finds, determines and declares that sufficient notices of the joi
public hearing were given, and the City Council ratifies, approves and confirn
such notices, including the contents and the method in which they were given.
Section 5. This ordinance shall become effective on the tenth
following its publication, as provided in the City Charter.
CONSIDERED, PASSED, AND APPROVED on first reading
September 9, 2010.
CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNE
on
?, 20il.
Attes Signed:
City Secretary Mayor i
R7; ecommen
City Oanager
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
August 8, 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 hell
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 Apri:
22, 2019. Three speakers talked about concerns regarding not
understanding the reason for limiting the balconies and the nee(
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 recommendii
minor lanquaqe chanqes to clarify that no useable space of any
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: Tsai, McEnany, Cutrer and Wilson voted
"aye "; Brantley, Johnston and Jensen absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE
juc ww& j. W aso-ry
Presiding Officer
Amend Section 2, Certain Terms, by adding the following definitions:
porch is a roofed structure, open at the sides to the extent required by Table
Note 1.2, projecting from the face of a Principal building and used to pi
entrance of the structure.
balcony is a platform enclosed by a wall or balustrade on the outside of a bu
above the first floor, with access from an upper -floor door.
Replace Section 7 Table 7 -6 Note 1.2 by adding:
Note 1.2. Porch In Front Yarn. On a building site in a residential district with a fro
depth of 20 feet or more, a porch may project up to 120 inches into the front }
meets all of the following criteria:
(1) 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
of front street line (Example: the maximum projecting volume on a 52%2 -foot
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 folloi
features: (a) Ordinary window screens. (b) A solid or partially open safety rai
higher than 3.5 feet above the porch floor, and a partially open decorative rail
balustrade not higher than 3.5 feet above the decking on top of the porch's ce:
joists. (c) Supporting vertical columns, if the total width of the outer faces o:
columns does not exceed 25% of the outside perimeter of the porch. The widt
column is measured at its thickest point above 3.5 feet above the porch floor.
"outside perimeter" of a porch is the portion of the perimeter out in the front }
does not include the portion of the perimeter lying along the Principal buildin
along the front setback line;
(iv) At no point in the front yard does the porch have a height greater than the der
front yard (Example: if the depth of the front yard is 20 feet, the maximum he
front yard is also 20 feet); and,
(v) No projecting balcony or enclosed, habitable space shall be constructer
placed above the ceiling o f a projecting porch. pr
24" er- less are not }