HomeMy WebLinkAboutOrd 1684 - zoning; vineyards,gardens and other private green space
Ordinance No. 1684
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO
AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS REGARDING VINEYARDS, GARDENS AND OTHER PRIVATE
GREEN SPACE; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING
FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
WHEREAS! the Zoning and Planning Commission C~Z&PC") of the City of West
University Place, Texas C'Cityn) 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. The City Council hereby calls a joint public hearing before the City Council
and Z&PC on the proposal described in Exhibit A. The hearing shall be held in the Council
Chamber of the Municipal Building, 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 A.
Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as
required by 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 feast 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 document, 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 arrangem~nts 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 circumstancet 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, clausef 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 Cou ncil 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 5511 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 ratifies, approves and confirms such notices and the contents and
posting thereof.
Section 8. 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 shafl
be adopted finally on first reading and shaH become effective immediately upon adoption and
signature.
, 2001.
PASSED, APPROVED AND ADOPTED on
Recommended:~~
City Mager
Reviewed: J
City Attorney
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
June 14, 2001
Ilonorable Mayor &
Members of the City Council
City of West University Place
.3808 University Boulevurd
Houston, Texas 77005
Subject: ~ Preliminary report on a proposal to amend the
zoning ordinance of the City of West Universi.ty
Place, Te~.as (''\Cityn) L-elating to '\privat~ green
space(l
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 inLerested persons,
Scope of: Proposal. The proposal is to amend Table 7-1
(entitled ~Uses/) to allow vineyards, gardens, landscap~ng,
p~ivate playg~ounds, etc~ in all districts, wiLhout special
approval. Case-by-case approval by ZBA would be required for
buildings and; some structures. The ZBA ~ould also authorize
different yards (or "setbacksN). See the attachment to this
report for the exact wording. The proposal would also add some
cross-references~
Preliluina:ry Recornrnerldation J Based on the limi ted review
given this matter so far, and subject to further review
following public hearing, the Commission: (i) finds that the
proposed ~mendment, if adopted, would be in the pl]hlic interest,
(i i) makes a preliminary reconunendation favorable to the
am~ndment, and (iii) ~ecommends that the City Council call a
j oi nt publ ic Jtearing to consider this ma t.ter .. The Commis sion
irlV 1 tes all in tercsted persons to parti ctpate in the joint
public hearing..
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The Vote~ The following members of the Commission approve
this pre 1 irninary report: All Commissioners voted \, aye" except
Commissioners:Higlcy and Kelly (absent).
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF ~HR
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: &.
For the Commission
. b69:\54rp\elimVINEYARD
Amendment relating to
vineyards, gardens and
related open space uses
6w14w01
Amend Table 7-1 (both pages) as follows:
Table 7-1: Uses General Rule: Within each District: uses marked !fAU are allowed, uses marked "SEu arc
allo\ved only to the extent authorized by a special exception (see Note 3)~ and llses
marked uXu are proh ib ited. Exceptions/Special Rules: (1) See POD Schedules for
planned developnlent districts. (2) See special rules noted in table.
.:.: .: :
Use CategolY u ~1.:: ~1;:'3 .,. TH .. Gle~1::. . ..c...
Specific Use :.:
..
...
:::
".. ... .. .
:Resi d ential S ingl e- fam ily A A A A A A A
( detached)
Single-family X X X A A A X
( attached)
Other residential X X X X A A X
Pu b Ii c and Seol i -Pu b I j c Park, playground, SE SE SE SE SE SE A See
or cOlnmunity Note 4
center (public)
Pri vate green See Note 2.
space
School (public) SE SE SE SE SE SE SE
School (other) X X X X X X SE
Church SE SE SE SE SE SE SE
Uti I ity or serv ice A A A A A A A
use. See Article
8.
PWSF use. See A or SE A or SE A or SE A or A or SE A or SE A or
PWSF Schedule. SE SE
Commercial Light cOlnmercial X X X X X X A
See Article 8 regarding Medium X X X X X X SE
certain sexually commercial
or;ented businesses.
All other uses X X X X X X X
Note 1. [Reserved]
Note 2. [.R@s@l"v@d] Private Green Space. Vineyards, gardens~ landscaping~ private playgrounds and other silJJUar uses that are
predominantly pervious, vegetated and non-colnlnercial are allowed -in all districts. .Unless otherwise authorized by a special
exception~ the only structrues allowed are fences~ playground eQuiplnent and landscaping structures (e.g..~ low, retaining walls~
borders~ etc.). The ZBA may issue a special exception to authorize other structures. The special exception shall include a site
plan specifying and limiting allowable structures. If so ordered by the ZBA, the site plan controls over any other ordinance to
the contrary. However~ the site plan nlay not specify yards (or '~setbacks") different froll1 those otherwise required~ unless the
ZBA finds that the different yards are: (n necessary for efficient use of the available space and (in cOlnpatible with nearby sites
and their uses. The special exception may allow accessory structures without a principal bui1din~.
Nole 3. Special Exceptions. A special exception may also specify and limit accessory uses and accessory buildings.
Nole 4. Park Playground, Etc. In this district, a park, playground or community center may be privately or publicly owned.
Note 5. Parking Use in PDD-SF2. The ZBA may issue a special exception to authorize parking of Illata!" vehicles in
connection with nearby con1mercial activities, upon approval by the ZBA of the types of vehicles, design of parking facilities
(including landscaping~ paving, lighting, fences or walls, signs, etc.) and curb cuts, all of which 111ay be included as site-specific
conditions of the special exception.
Note 6. Light Office Use in P DD-C 1. The only C01TIlnercial use allowed in PDD-C 1 is light office use, Inean ing offices for
conducting real estate, insurance and other sitnilar businesses and the offices of the architectural, clerical, engineering, legat
dental, nledicaI and other established and recognized professions, in which only such personnel are elllployed as are custon1arily
required for the practice of such business or profession.
Amend Section 8~102:
Section 8-102. Accessory Structures; Use And Density
(a) Number. TIle number of non-bllilding stru.ctures per buildillg site is ll0t gellerally
restricted, but eacll one must be accessory to a lawful use of the 'bllilding site.
(b) Accessory Status. Any buildings ill addition to tIle pril1cipal bllilding 011 a buildillg site
luust be accessory to the principal building aJ.ld accessory to a lawfulllse of tIle principal bllildin,g.
But see, Table 7-1, Note 2.
(c) Density Compliance. Any structure desigl1ed, constructed, adapted or Inailltailled for a
llse or a del1sity 110t specifically permitted by this ordinance is prollibited.
Amend a definition:
Accessory. A building, structme or use is "accessory" if it is: (i) su.bordinate alld incid.el1tal to
a lawful principal bllilding and llse 011 tIle saIne building site, and (ii) necessary or cOllvelliellt for a
lawhl1 principal use of SllCll buildil1g& But see~ Table 7-1'1 Note 2.
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
Building, 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 Council 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 Conditioning Sound Level: Amend Table 7-6 (entitled UProjections Schedule")
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 ~'UsesH) to allow vineya rds,
gardens, landscapingl 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 Lig hti ng: Amend Section 8-1 07 to impose greater restrictions upon
outdoor lighting. It would: (a) cover outdoor lights with intensities of about 60 watts or
more (the current rule covers all lights with about 100 watts or more); (b) require Hfull
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 shut-offs, not higher than 12 feet and
otherwise desig ned to red uce effects on others. Certain other lig hts (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 Zoning.
Date: Is/Kay Holloway, City Secretary