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
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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.)
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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