Loading...
HomeMy WebLinkAboutOrd 1766 - zoning ; framed area City of West University Place Harris County, Texas Ordinance No. 1766 AN ORDINANCE CALLING AJOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING "FRAMED AREA;" PRESCRIBING PROCEDURES AND NOTICES; IMPOSING A TEMPORARY RULE GOVERNING CERTAIN BUILDING PERMITS AND APPROVALS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission (UZ&PC") of the City of West University Place, Texas (UCity") 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 12,20017 and as amended thereafter ("Zoning Ordinance"); and WHEREAS) the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREASt the City Council desires to can 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 cans a jojnt public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, 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 6:30 p.m~ on June 14, 2004~ The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on June 28f 2004 at the same place, unless rescheduled. The CUy Manger may reschedule the hearing or the recess date, or both, to accommodate other pending matters, but the rescheduled date(s) may not be later than 30 days past the dates set by this ordinance. Section 2.. (a) 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 (b) Pendi ng the hearing and final decision on this matter, the following temporary rule shall apply: ( 1 ) No perm it 0 r si mil ar app roval may be i ssu ed for new construction or en I argeme nt of a buildjng ift after the work, one or more of the buildings on the building site would violate either of the fa 110wi ng: (i) the Zon in 9 Ord i nance witho ut the a me n d m ents descri bed in Exhibit Al or (ir) the Zoning Ordinance with the amendments described in Exhibit A (Le., compliance with both the existing and proposed regurations is required). (2) The foregoing is a temporary rule. It expires on the earHer of: (i) the effective date of an ordinance adopting the proposar described in Exhibit A, as it may be amended in the leg isr ative process, or (i i) th e 95th day fo I r owi ng ad 0 ption of th is ord j n a nee. (3) Th e fo regoi ng a ppl i es to a II property and prope rty d evelopm ent in the City t incl ud i n 9 both residential and non-residentiaJ. (4) The foregoing does not prohibit pre-application procedures, plan-checking, applications or other steps preceding issuance of a pennit or similar approval. 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 proposar 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 City's official newspaper (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 the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills 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 shall not be affected thereby~ All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the confUct only. Section 7,. The City Council officially finds, determ ines 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 ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitarly 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. PASSED, APPROVED, ADOPTED AND SIGNED on 20~. Attest/S~ __ Signed: rt ecretary fYl7 p f3dg4l~~ Mayor ReViewe~: ~ City Attorney cod es\u pda te s t c 2003 ed\54oca Iii n9 F RAM E D AREA I ZP C pre I im rapo rt 5-4 ~04 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 May ~, 2004 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to "framed area" 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 interested persons. Scope of Proposal. The proposal is to amend the definition of ~framed area" in Article 2 of the Zoning Ordinance and to add two related definitions, as indicated in the attachment to this report. The principal purposes are to: (1) count space beneath enclosed building space (for example, a breezeway beneath a hallway or bedroom, or a portecocher beneath a sitting room or porch a ) (2) count all covered porches, except certain front porches (3) clarify and tighten the existing definition of "framed area (4) provide a special rule regarding PNC (prior non- conforming) status for framed area The proposal would not change the numerical percentages in Table 7-4b. The percentage would remain 80% in the single-family detached districts (or 100% in certain higher-density districts) ~ Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners Belbf!f=) e,.own) Horowitz)Xndbo. and '"RO$ voted "aye;" no "noes;"ihSSQ,n'lO,noJ9tewo.r+ absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST NIVERSITY PLACE, TEXAS 1W By: For the Commission Proposed Amendment For "Framed Area" ZPC preliminary report, 54~04 Amend the definition of iiframed areal" as follows: Fralned area~ Tile.. [rarrled ,tIGd is mGasl,.uecl by tal(ing the otltsidc dimEnsions of (,vclY building on e v eIY flou! Ie vel, excluding only. (i) .spaCe. in an attic or basenlcnt, if the. .space cannot be .reached thlOUgh ,~ fixed access w ay, 01 if it haS IG5S than SG v en fect of he'l.dl00tll, Clhd (ii) any spaCG whicl1 this ordinarlGe 'l.llow5 to project irit0 a front yard. Fram.ed area includes all area un.der a solid~ fixed roof that has a floor or could support a floor {and all.Y other area~ floored or n.ot where there is at least seven feet of possible height beneath enclosed building soacet except: (i) attic or baSelTI.ent area~ if the area cannot be reached throu.~h a fixed accessway.. or if it has less than seven feet of possible height (ii) area beneath. eaves~ cornices.. roof extensions~ "greenllOuse" or bay windows~ cantilevered space and silnilar parts of bllildings that proiect outward [rain the l11ain wall of a building no more than 24 in.ches~ if the area is othelWise cOll1pletely open to the outdoors: and (ii j) unenc lased porch area of a prinei pal building~ if tIle porch directl v faces the front sh.eet lin.e of the building site and is neither designed nor usable for lllotor vehicles. Fralned area is Ineasured on each floor level (or ground level) using the outer walls (or perhneter) to calculate tIle area (also including the outer walls of bay wi.n.dows~ cantilevered space and siInilar space~ regardless of the he.i gh t of the floor). In this defillitiol1~ "pas sib Ie hei l!ht" is measured frOlTI the ground (or struchlre supporting the floor) to overhead rafters~ joists or ot11er stnlctural cOlnponel1ts. Add new definitions, as fo"ows.~ EnclosedA Enclosed.. when referring to porch space or building space~ Ineans that 510;0 or lnore of the periIneter of the space is enclosed by wall surfaces that are less tllall 75% open to outside air and light For this purpose.. ordinalY insect screens are considered open to outside air and Ii gIlt. Unenclosed. Unenclosed.. when referring to porch space or building space.. l1leans the space is not "enclosed" as defined above~ Amend Section 12-103(c) to read as follows.. (c) Loss to casualty, etc. If 51 % or luore of the replacelnent cost of a struchrre i.s lost to casualty, elnillent dOlnain, involllntary delnolition or other silnilar cause, the structure loses PNC status~ Exception!J..: This does not apply to a building used for SFR pllrposes.. except as to :nOl1- compliance with jialned area regulations (i.e.. in case OfSllCh a 51.% or greater loss~ PNC status for non-colnpliance with fi~alned area re~lllations is lost). For this purpose, "replacelnel1t cost" is deterlnined by standard cost levels for siln.ilar structures as Inost recently published by the Southern Bllilding Code Conference International ("SBCCI") or sin1ilar agency. See, e.g., tIle SBCCI's internet publication of "Building Valuation Data," w.hich provides average construction costs per square foot, by type of constnlction and occupancy groll.p, w.ith factors to lTIodify those costs for the HOllston area. TIle ZBA ll1ay issue a special exception to allow such a structure to be rebllilt and retain PNC status, if the ZBA finds: (i) rebuilding is necessary to avoid substantial econoluic waste and econolnic hardship, and (ii) there ,\Till be no substantial adverse effects of the re built structure. Exhibit B NOTICE OF PUBLIC HEARING The Zoning & Planning Commission and the City Council of the City of West University Place, Texas (UCityU) will hold a joint public hearing in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on June 14f 2004~ The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m~ on June 28, 2004, at the same place. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to a proposal to amend the City's Zoning Ordinance, as follows: Fram ed Area~ The pro pas ed a mend ment would cha nge the definition of ufram ed a rean to: (1) include space beneath enclosed building space (for example, a breezeway beneath a hallwa y); (2) include roofed porches, except certain porches directly facing a street; and (3) ela rify a nd tighten the existin 9 definitio nt for exam ple I by: (a) i nclud ing m cst areas u nd er ro of. (b) specifying how to measure height or headroom I and (c) add ing de fin itions of lien clos edU and Uu nen clos ed .., The proposed amendm ent would also add a special rule regarding loss of PNC status (prior non- conform ing status) for no n-com pliance with fram ed a rea regu lations. Pending the hearing and finar decision on this matter, a temporary rule applies to certain building permits and similar approvals. Additional details on the proposal as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendment would be generally applicable within the City, and any person interested in such matters should attend the hearjngs. The proposal may be adopted only after notice and hearing, and it would control over any inconsistent provision in the current Zoning Ordinance. Is/ Kay Holloway, City Secretary Date: