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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 ............. If' ~.... 1Io...,I} 11II --- ---;:l".~1 '-J' . . - --- ....} - -.'. -. -. . - - - - :} . ....::J - - 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.. w J ~ U'u..... 'i,:O ~ t...I\..I..... ~.p i Io.d '- Y , . I...... ................ ~ I , ~ , .... t ...... . ........... , I I;...l :::;I ..... . 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