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HomeMy WebLinkAbout04112013 ZPC Agenda Item 3 • S 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 DEFINITION OF DWELLINGS; ACCESSORY QUARTERS AND USES; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECTS. 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 • SCA"'"""' 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 • SCAN tl Sal 0.l+® Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 April 11, 2013 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 and Code of Ordinances of the City of West University Place, Texas ("City") relating to THE DEFINITION OF DWELLINGS; ACCESSORY QUARTERS AND USES . To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission (Z&PC) of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons . Scope of Proposal . This proposal amends Chapter 2, Section 2-102 of Appendix A of the Code of Ordinances by changing the definition of: A. "Accessory quarters" to make it clear that accessory quarters are allowed in both attached and detached garages; B. "Accessory" and "Single-family (detached) use" to clarify types of lawful accessory uses permitted in a single-family district; and, C. "Dwelling" to clarify which elements are minimally necessary for a structure to be considered a dwelling. The Z&PC has been evaluating staff-proposed, clarifying changes to the zoning ordinance. In particular, the Z&PC is attempting to address the requirement that within a single- family (detached) district (SFD) , a building site may contain only a single dwelling unit plus one accessory quarters (e.g. , a maid' s quarters) that is attached to the principal dwelling. , ___________::::: 4411 SCA ak)Property owners who have access ry quarters over det c ed ga h 4J1" s or in separate buildingCJ'are not allowed tom r a✓ r hem , while residents with attached access9-r-ic O sie/ quarters have more flexibility in using such space. / J under detached garage containing accessory quarters is notes a car legal, conforming use of the accessory structure. ov! e The presumption is that attached accessory quarters are allowed since it is unlikely that a homeowner would lease accessory quarters within the principal structure to an unrelated person. However, it is not necessary to use the definition of "accessory quarters" in an attempt to prevent leasing because leasing is prohibited by the Code of Ordinances and there are other provisions written into the regulations to discourage multi-family use in a SFD. The definition of a "dwelling" and "accessory quarters" were not written just as a prohibition against certain types of uses, but also to establish minimum requirements for a structure in a SFD. The Z&PC' s concern is that the existing regulation may over-regulate spaces contained with a SFD. Residents may want to use these spaces for special single- family purposes such as guest suites and game rooms . Other examples of accessory buildings, structures or uses might include outdoor living spaces, such as cabana-type structures or kitchen patio areas that are intended to be extensions of swimming pool spaces and outdoor living areas . The public hearing held on . l9;-zi6-11 at 6: 30 p.m. in a joint session with City Council yielded i tl -` 51) comment from the public. The public hearing was recessed and continued to the regular session of the Zoning and Planning Commission held skpj4A�Wl 11, 2013 at 6: 00 p.m. There were jmd additionalS�cbihmeYits received and no changes to the proposal requested. The Zoning and Planning Commission closed its portion of the public hearing. Recommendation. Based on the review given this proposal, 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 4 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 the City Council adopt the proposal . 411 111 . 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 By: For the Commission • • Amend Appendix A. Article 2, Section 2-102, "Certain Terms", to read as follows: Accessory. A building, structure or use is "accessory" if it is: (i) subordinate and incidental to a lawful principal building and use on the same building site, and (ii) is necessary or convenient for a lawful principal use of such building. An accessory building, structure or use can include, but is not limited to a garage, quest quarters, pool cabana, game room or other similar use. (But see, Table 7-1, Note 2.) Accessory quarters (or "AQ'). A dwelling unit meeting all of the following criteria: (i) it is located on the same building site with as a dwelling unit within a principal building containing a dwelling used for single-family (detached) use; and (ii) it includes no more than six hundred square feet of gross floor area. Dwelling unit (or "DU'). A building, a single room or a group of rooms occupied or capable of being occupied and which as separate living quarters. Separate living quarters arc those which have all of the following: (i) direct access from outside of the building or through a common hall; (ii) ming and electrical facilities sufficient to serve a kitchen area including a sink, a refrigerator and cooking equipment; and (iii) a full bathroom including a sink, a commode and either a bathtub or a shower. Single-family (detached) use (or "SFD'). A use of a building site which meets all of the following criteria: (1) There is no more than one dwelling unit plus and one accessory quarters. Other lawful accessory uses are permitted, on the building site. (But see, Table 7-4b). (2) There is no multiple utility service on the building site. (3) There is no physical connection between any building on the building site and any other building on another building site. (4) No more than one family, plus no more than two residential workers, reside upon the building site. (5) If the family includes a person not related to each of the others in the family within four degrees of consanguinity or affinity, the unrelated person resides in the principal building with at least one of the others. (6) The entire building site is used exclusively for residential purposes (although, as provided in the definition of "residential purposes," an affirmative defense is available for a home occupation and an incidental sale).