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Home My WebLink AboutOrd 1683 - zoning; sound level of air conditioning equipment Ordinance No. 1683 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING SOUND LEVEL OF AIR CONDITIONING EQUIPMENT; 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&PCn) of the City of West University Place, Texas C~City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of th,e 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 shalf 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. I n add ition, 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 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 shaH 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 LawJ 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 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 shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. Recommended: C{~~ City Ma ger , 2001 ~ PASSED, APPROVED AND ADOPTED on ~tles y Secretary Reviewed: City Attorney .... J · ---:;;J"-' "';r, ..- --- ----} - --.. -, -. . - ~ - - } . -';:} - - Exh ibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 June 14, 2001 Honorable Mayor & Members ~f the City Council City of West University Place .3808 University Boulevard Houston, Texa~ 77005 Subj ect: . Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to Ale sound level To the Honora~le Mayor & Members of qity Council: The Zonitig & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of :the Council as well as other interested persons~ Scope of :Proposal. The proposal is to amend Table 7-6 (Projections ~chedule) to allow air conditioning equipment in side yurds and rear yards with a certified sound emission level of 7.4 bel s or les s (up fLCOln 7,. 0 bel s in the current ordinance) It The Commission has been advised that very few Ale units can meet the 7.0 bel standard. The increase to 7.4 bels would allow a greater selection of equipment and still produce u relntively- quiet installation. See the attachment to this report for the exact wording.~ Preliminary Recommendation. Based on the limited review given this ma~ter so far, and subject to further review following pubLic hearing f the Commission: (j,) finds that the proposed amendment, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favor~ble to the amendment, anq (iii) recommends that the City Council call. a joint public hearing to consider this matter. The Commission ~nvites alJ, i~terested persons to participate in the joint public hearing. """'~I['" .....J. .......,.....- - __-:::S"~' "';1' ..- --- ....} - -.. -. -. . - . --, · ....."::J - - f. The Vote~ 'fhe following members of the Commission approve this preliminary report: All Commissioners voted \\ayefl except Commissioner Kelly (absent) ~ Respecttully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For b r, ~l : \ ~ 1e JH'~ 1 iP"At:~,..v II t1 Amendments regarding A C sound level 6-12-01 Amend Note 6 of Table 7-6 (Projections Schedule) as follows: Note 6. Equiplnent In Rear or Side Yard. · REAR YARD: Indicated equipment may project into a rear yard only if: (a) separating the equiplnent from any building site across the rear lot line, there is a solid walt at least one foot higher than the highest palt of the equipment; (b) if the equipment occupies any part of an easelnent under the control of the City, the City has issued a separate acquiescence or consent to the occupancy of the easern ent; (c) there has been formally granted to the city any utility easement deemed necessary by the City1S chief uti lity official; (d) the base of the equipment is not higher than 14 inches off the ground, and (e) if located. within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or, in the case of air conditioning equipment, it has a certified sound emission level of +-!J. 7.4 bels or lower. · SIDE YARD: Indicated equiplnent lTIay project into an interior or street side yard (but not closer than three feet to a property line) only .if .it is fuBy encased in a sound-absorbing cabinet, Of, in the case of air conditioning equipment, if it has a ce11ified sound emission level of +.fJ. 7 ~4 bels or lower. · NEW AND REPLACEMENT EQUIPMENT: These rules apply to all new and repJacelnent equiplnent. Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas C'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) Ai r 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 UUsesU) to allow vineyards, gardens, landscaping, private playgrounds and similar uses in all districtsJ without special approval. Special approval would be required for buildings, some structures and non-standard yards (or UsetbacksJf)~ (3) Outdoor Lighting: Amend Section 8-107 to impose greater restrictions upon outdoor lighting~ It would: (a) cover outdoor lights with intensities of about 60 watts or more (the current ru Ie covers all lights with about 100 watts or more) ; (b) require 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 shut-offsJ not higher than 12 feet and otherwise designed to reduce 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 Zoning. Date: Is/Kay Holloway, City Secretary