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HomeMy WebLinkAbout11102022 ZPC Agenda item 5 . •-••1 CA O z O CA PO EG k I I Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 November 10, 2022 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Preliminary report on the current zoning ordinance of the City of West University Place, Texas ("City") relating to OLD STOCK HOUSING. To the Honorable Mayor & Members of City Council : The Zoning and Planning Commission of the City submits this, its preliminary report, having not proposed any modifications to the Zoning Ordinance for the support of Old Stock Housing within the City. The Commission has discussed existing ordinance provisions relating to Old Stock Housing, performed additional research into the origin of the old stock 1980 cut-off date, considered the potential feasibility of implementing a tax-relief based incentive program for the preservation of Old Stock Housing, weighed the merits of granting code variances for electrical life safety requirements on old stock building sites, and, after six subsequent meetings, have not proposed any modifications to City Council . Existing Ordinance provisions for Old Stock Housing. The zoning ordinance defines single-family homes built prior to 1980 as Old Stock Housing. An old stock home can expand up to 200 percent of its original square footage while preserving its prior non-conforming status (Sec. 12-103 (e) (2) ) . The Zoning Ordinance also provides for Old Stock Housing to be considered as a hardship for Variances submitted to the Zoning Board of Adjustment. Additionally, in the pursuit of preserving Old Stock Homes, the ZBA may grant special exceptions to allow Old Stock Homes to project into a rear yard, side yard, or an SF Bufferyard (Table 7-3, Note 13) . The ZBA may also grant a special exception to reduce the open area requirements in rear yards for Old Stock Homes (Table 7-3, Note 6) . Analysis . In the pursuit of preserving Old Stock Housing, the Zoning and Planning Commission considered the creation of a tax-relief based incentive program for Old Stock Homes . However, upon further consultation with the City Attorney, it was determined that the creation of such a program would be outside of the purview of the Zoning & Planning Commission. The Commission also investigated the merits of allowing variances to reduce the requirements for electrical life safety on old stock building sites . Specifically, the Commission considered an increase to the minimum valuation requirement (50%) that mandates homeowners to bring all installed wiring up to the current electrical code. However, it was concluded that such an easing of restrictions could potentially endanger homeowners and create liability for the City. Recommendation. Based on the review given by the Zoning and Planning Commission regarding Old Stock Housing, it has been recommended that no changes be made to the Zoning Ordinance at this time . This review concluded that the existing provisions in the Zoning Ordinance allow for current homeowners of Old Stock Housing units to remodel and expand their homes without adhering to all current development standards . This more permissive zoning process is intended to make the expansion and renovation of current Old Stock Housing preferable to homeowners over demolishing and rebuilding their Old Stock Homes . It is recommended that City Council consider an initiative for the creation of a multidisciplinary task force to investigate the potential feasibility of a tax-relief program to promote the preservation of Old Stock Housing within the City. The Vote. The vote on approval of this report was as as follows: Respectfully Submitted: ZONING AND PLANNING COMMISSION OP THE CITY OF WEST UNIVERSITY PLACE, TEXAS Chair, Zoning and Planning Commission Existing Provisions within the Zoning Ordinance for Old Stock Housing Section 11-104. — Variances for Old Stock Housing The ZBA may consider protection or preservation of Old Stock Housing as a factor in determining whether the "hardship" test for a variance is met, either for such housing as it then exists or as it may be proposed to be remodeled or expanded. Article 7. — District-specific Regulations, Section 7-101. — Regulations, tables, etc. , Table 7-3, Note 6. Old Stock Housing. The ZBA may issue a special exception to reduce the open area requirement in the rear yard, if the ZBA determines: The reduction is reasonably necessary to preserve or protect Old Stock Housing as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings on the site, that does not exceed the greater of 3, 400 square feet or 200% of the gross floor area of all the buildings on the site when the principal building was built, before 1980) ; and There will be no substantial adverse impact upon nearby properties. Article 7. — District-specific Regulations, Section 7-101. — Regulations, tables, etc. , Table 7-6, Note 13. Old Stock Housing. The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the ZBA determines: The projection is reasonably necessary to preserve or protect Old Stock Housing as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings on the site, that does not exceed the greater of 3, 400 square feet or 200% of the gross floor area of all the buildings on the site when the principal building was built, before 1980) ; and There will be no substantial adverse impact upon nearby properties. Section 12-103 (e) (2) . — Losing PNC Status. a) Degree of nonconformity increased. A PNC item loses PNC status to the extent that the degree of nonconformity is increased (or to the extent that the non-conforming area is expanded) . 2) If a principal building in a SF District acquired PNC status on an effective date because of a non-conformity with a new side setback or side yard requirement on one side of the building site, the building does not lose its PNC status with respect to that specific nonconformity (on that same side of the building site) if the nonconformity is expanded or increased as a result of a remodeling project and the gross floor area of the principal building has not increased to 200 percent or more of its gross floor area on the given effective date. A principal building so remodeled has the same PNC status as the original building with respect to the side setback or yard requirement on the same side of the building site where the original nonconformity was located, but this does not apply to any new nonconformity (on the other side or elsewhere) .