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HomeMy WebLinkAboutOrd 1832 - joint public hearing - zoning ~~. City of West University Place Harris County, Texas Ordinance No. 1832 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING FRONT PORCHES; 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 , 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 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. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West Univ~ Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on k /$ .xok . The hearing ~recessed and continued to the City Council meeting set to begin at 6:30 p.m. on.. . ~z :xP~ at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. 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 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, sentencef 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 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 datef 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 ~~4F20~ M~silS ig~d:~ ecretary Ma ' or Recommended: Prepared: . Approved as to legal form: ~;?~~ City Attorney forms/ORD 54 0 calling zoning hearing 7 ~06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 July 13, 2006 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 FRONT PORCHES 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 would add a separate limit on the height of porches that project into front yard areas. The height limit would be the same as the depth of the front yard. For example, on a site with a 20-foot front yard depth, the maximum height of a projecting front porch would also be 20 feet. (Note: The Zoning Ordinance already limits the volume and design of porches in front yards.) The proposal would clarify that such front-yard porches are only allowed on a building site in a residential district with a front-yard depth of 20 feet or more. One of the principal purposes of the amendment is to impose a height limit based on the size and scale of the site~ The limit should help prevent overcrowding and help provide adequate light and air.. 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 BrOUJO} "knxlJli78eIoPF)Slv~at1G'l MCManus voted "aye;" no "noes;" Inaoo...a.nd A'bin absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~ ~ For the Commission L Amendment relating to front porch height 7-13-06 (preliminary report version) Amend Note 1.2 of Table 7-6 as follows: Note 1.2. Porch In Front YClrd. On a building site in a residential district with a front yard depth of 20 feet or more~ a porch may "project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does 110t exceed 50 cubic feet per foot of front street line (Example: the maximum projecting volume on a 52Y2-foot wide site would be 50 cubic feet x 52.5, or 2,625 cubic feet). (iii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens. (b) A solid or paltially open safety rail not hig"her than 3.5 feet above the "porch floor. (c) Supporting vertical columns, if the total width of the outer faces of the columns does not exceed either 50% of the outside perimeter of the porch or 25% of the theoretical outside perimeter of a maximum-sized porch. The width of a column is measured at its thickest point a"bove 3.5 feet above the porch floor. The "maximum-sized" porch" is 120 inches deep and extends from one side yard line to the other, but it is limited by the open area requirement for the front yard. The "outside perimeter" of a porch is the portion of the perimeter out in the front yard; it does not include the portion of the perimeter adjacent to a building or lying along the front setback line. (iv) At no point in the front yard does the porch have a heig:ht greater thall the depth of the front yard (Example: If the depth of the front yard is 20 feet~ the maximum height in the front yard is also 20 feet) Exhibit B NOTICE OF PUBLIC HEARINGS The zoning & Planning Commission and the City council of the City of West University placet Texas (~City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during ~City Council meeting set to begin at 6:30 PM on -'l'~1~2?I..tEach hearing may be recessed and continued to the /Ci~~ meeting set to begin at 6:30 p.m. on ~ .?-0- ..z::06 J 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 proposal(s) to amend the City's Zoning Ordinance, as follows: Front Porches. The proposal would add a separate limit on the height of porches that project into front yard areas. The height limit would be the same as the depth of the front yard~ For example, on a site with a 20-foot front yard depth, the maximum height of a projecting front porch would also be 20 feet~ The proposal would clarify that such front-yard porches are only allowed on a building site in a residential district with a front-yard depth of 20 feet or more.. [Insert others] Additional details on the proposal(s) as well as the zoning Ordinance are all ~vailable for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005.. The proposed changes to the zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings~ The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance~ Date: Is/ Kay Holloway, City Secretary