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HomeMy WebLinkAboutOrd 1685 - zoning; outdoor lighting Ordinance No. 1685 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OUTDOOR LIGHTING; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ('~Z&PC") of the City of West University Place, Texas ('City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001 ("Zoning Ordinance"); and WHEREAS, the Z&PC's report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1 M The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit AK The hearing shall be held in the Council Chamber of the Municipal Buildingt 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on July 23, 2001. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on August 13, 2001 at the same place. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit AA Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required b,y this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4" The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the Village News (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for a regular edition of the City Currents newsletter. The notices shall be deposited in the United States mail on or before the ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice documentf as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. 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, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph! section or other part of this ordinance to any other persons or circumstances shall not be affected thereby~ All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only~ Section 7. The City Council officially finds, determines and declares that 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 Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action~ The City Council ratifiesf approves and confirms such notices and the contents and posting thereof. Section 811 Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting~ Accordingly, this ordinance shalJ be adopted finally on first reading and shall become effective immediately upon adoption and sig nature. PASSED, APPROVED AND ADOPTED on , 2001. Recommended:~~ City nager Reviewe . City Attorney v..... I I 1... uy. 1-I\J.....l:::;J~I.....~ '.Y J IF I ra...Il ~ """'..., J L I ill , ............. c.-. \wi 1 1'1I...II.~I' J <.oJ::::J..... I I I 1-.- Exhibit A Zonjng & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 Jurle 14, 2001 Honorable May~r & Members ~f the City Council City of West ~nivcrsity Place . 3808 University Boulevard Houstonl Texas 77005 Subj ect:: Preliminary report on a propoRal to amend the zoning ordir1811ce of the City of West Uni versi ty Place, Texas (\\Ci tyr/) relating Lo c)utdoor light~ing To the Honorable Mayor & Members of :City Council: The Zoni.:ng &: Pl anning Commission of the Ci t~l subrni ts this f i ts prelimin~ry report, on tIle subj ect proposal. f for the assistance o~ the Council as well as other interested persons. Scope of Proposal. The proposal is to amend Section 8-107 to impose gr~ater restrictions upon outdoor lighting. It would change the sqope of the existing rule to cover just outdoor lights, but with intensities of about 60 watts or more (down from about lqO watts in the existing rule) 6 It wou14 require ~ful1 cutoffff fixtures and similar measures to prevent spillover lighting of adjacent properties, or the SkY4 ~It would add a new provision for security lights that are: (lj registered with City, (2) controlled by motion detectors wi th antoma tic shut-off S I (3) !"l.ot higher than 12 feet and {4) otherwise designed to reduce impact on other residential sites.. A compa~jon measure would require existing facilitieB to be brought into~ compliance by October 2001. (Note: This is a special ~suhset" provision that terminates uprior non- conforminq/t 9r "PNCu status under Article 12.) ""] R .....,,"""- - --.....~'.-, '-; J ..- --- ....) . - ~ - - } . -'::;J - . -. . . See the attachment to this report for the exact wording. Preliminary Recommendatiun.. Based on the limited revievl given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that t.he proposed amendment, if adopted, would be in the publ.ic interest, (ii) makes a preliminary recolnmendation favorable to the amendment, and (iii) recommends that the City Council call a joint public hearing to consider this matter. irhe Commission invites all iliterested persons to participate in the joint public hearing.. The Votc~ The following members of the Commission approve this preliminary report: All Commissioners voted ~aye# except Commissioner Kelly (absent). RespectfuJly submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS -~ the Commission b69:\54l:'pr~11I'l\LIGHTING Combined amendments regarding outdoor lighting devices Revised 6-12-01 Amend definitions as follows: High output lighting device. Any lighting fixture or ot11er device: (i) llSil1g or rated at 60 watts or lTIOre or (i) emitting or designed to elnit -l-,&OO. 1,400 llunens or more of light, diffilsed or 110t. Amend Section 8-107 as folJows: Section 8-107. Hibh Output Outdoor Lighting Dc,'iccs (a) Intent. TIle intel1t oftllis section is to require outd.oor ligllting to llse "full cutoff' fixtures, low- output bulbs., shields or otller methods to reduce glare and light pollution. (b) In ~eneral. All Any l1igh output lighting devices installed 011 a bllildill; site Qutd.oors (or all tIle exterior of a structure) must be designed, constru.cted and operated so :lS to pre.vent thell1 frol11 directl)' illulninatil1~ that it does not directly illllll1il1ate either: ill tIle slcy, or m any part of another building site in a residential district (or allY part of a .bu.ildillg located thereon). A d.evice is presmned. to "directly illuminateU a site or building if: (i) it casts liGht '\~'lihicll casts distinct shad.ows upon the site or bu.ild.il1g, or (ii) the bulb or ligllt SOllfce (diffilsed or 110t) is visible frolll tIle site or buildillg. (c) Certain defenses ~ It is an affirmative defense to prosecutioll under tllis sectioll tllat tIle ligllt ill question was: (i) a streetlight approved. by the City, (ii) a traffic ligllt or SigllaL, (iii) an elnergellCY ligllt used telnporariIy, (iv) a decorative holiday ligllt used temporarily, (v) a ligllt used to illumillate a sports field or (vi) a qualified security light. A "qualified security light" means a ligl1t tllat is: ill registered with tIle Building Official as a security ligllt't by tIle tllell-ClUTent oWller(s) of 011e or .more adiacent building sites, m COl1trolled by a d.evice that activates tIle light only wIlen 1110tiol1 is detected witllin a radius of 50 feet~ and only thell for a period 110t exceedillg ~ 111illuteS., ill not 11ig!ler tllan 12 feet above the grOUlld: and ill otherwise designed, COl1structed and operated. to .~l:~~:~~.~~.:~=<.~. redu.ce~ to the extent vracticable, tIle effect of the security ligllt 011 other bllilding sites and .bu.ildillgS ill a residential district. Amend subsection 12-103(i) as follows: (i) Passage ofTime~ The followil1g PNC itel11S lose PNC statlls llpon tile expiratiol1 of tIle tinle periods indicated: PNC Item Time Period Special Conditions Use of a bu it ding site in an SF District for business Ten years from the activities 1987 effective date Presence 0 f more d\ve 11 ing units 1h an al J owed in an Ten years fronl the PN C status for space \Vh j eh qual ifies as confonn ing SF Distri ct. 1987 effective date accessory quarters is not necessaril y lost. Use of a buHding site by more than one family in T en years from the violation of SF District use regulations 1987 effective date High output 1 ighti ng devices j n viol ation of Arti c1e 8 160 months Fourteen years fol] owing the 1987 efiective date Lack of special screens in violation of Article 8 "160 months fo Ilowi ng (waste storage or loading) the 1987 effective date N on ~comp I iance with pervious area requ i rement in Ten years following the C District. the 1987 effective date Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal BuHding~ 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on July 23, 2001 ~ The hearing may be recessed and continued to the City CounciJ meeting set to begin at 7:30 p.m. on August 13, 2001 at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City's Zoning Ordinance, as follows: (1) Air Conditioni ng Sound Level: Amend Table 7-6 (entitled ~'Projections Sched u Ie") to allow air conditioning equipment in yard areas (near site boundaries) if it has a certified sound emission level of 7.4 bels or less (up from 7.0 bels currently). (2) Private Green Space: Amend Table 7-1 (entitled UUses") to allow vineyards, gardens~ landscaping, private playgrounds and similar uses in all districts, without special approval. Special approval would be required for buildings, some structures and non- standard yards (or Usetbacks"). (3) Outdoor Lighting: Amend Section 8-107 to impose greater restrictions upon outdoor lightinga It would: (a) cover outdoor lights with intensities of about 60 watts or more (the current ru Ie covers alllig hts with about 100 watts or more) ; (b) req uire ufull cutoff) fixtures and other means to prevent direct illumination of other residential properties, or the sky; (c) allow security lights if they are registered with the City, controlled by motion detectors with automatic sh ut-offs, not h ig her than 12 feet and otherwise desig ned to red uce effects on others. Certain other lights (e.g., streetlights) would also be allowed. Prior non- conforming facilities would have to be brought into compliance by October, 2001. Additional details on the proposals as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. The proposals may be adopted only after notice and hearing, and they would control over any inconsistent provision in the current Zoninga Date: Is/Kay Holloway, City Secretary