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HomeMy WebLinkAboutOrd 1800 - zoning ; qualified trees City of West University Place Harris County, Texas Ordinance No. 1800 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING QUALIFIED TREES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission C'Z&PCJJ) of the City of West University Place, Texas ('~Cityn) have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last re-formatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001 and as subsequently . amended ("Zoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC and now formally approves and adopts that report; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance) and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the attachment to the Z&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes~ Section 2.. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any wordt 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentencet paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby~ Section 4. The City Council officially finds, determines and declares that a 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 Texas Open Meetings Act, as amended, and that each 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~ The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. ONSIDERED, PASSED AND APPROVED on first reading on , dOClr Councifmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: DERED, PASSED AND APPROVED on second reading, AND SIGNED, on ~, ~~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Att~ Signed: Ci ecretary (Seal) ~ Recommended~ City anager Approved as to legal form: '- \ t\tA.~ City Attorney vrGlJfjy/ Mayor Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 April 27, 2005 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 ,Subject: Final report on a proposal .to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to QUALIFIED TREES To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its final 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 7-3 of the Zoning Ordinance to require one qualified "tree in the front yard (or adjacent street area) for most houses. This confirms a regulation that was in the original tree regulations, several years ago. A copy of the proposal is attached. 'Proceedings. Pursuant to public notices, the Zoning & Planning Commission and the City Council held a joint public hearing on March 28, 2005. The hearing provided an opportunity for parties in interest and citizens to be heard in relation to the proposal. At the hearing, City staff provided a slide show and additional input. At least two witnesses appeared and offered testimony, and there were questions from Council. The Commission has considered all of this information and the Comprehensive Plan. Recommendation. Based on the extensive review given this proposal, the Commission: (i) finds that the proposed amendments, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposed amendments reasonably address circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the amendments, and (iii) recommends that the City Council adopt the amendments. The Vote. This report was authorized by the Commission at its meeting held on the date of this report. The vote was as follows: Commissioners Brl)WlJ)~) Fh$lUlxU}o/1iavclf"lj i-brou>Hz, BeIDfP voted "ayei" no "noes;" ReG5 absent.. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: cp~~ For the Commission Amendment relating to. qualified trees 11-04-04 Amend Table 7-3 (both pages) as follows: Table 7-3: Open & Pervious Areas Item Measurement Open area Pervious area Entire building site, minimum ercenta e. Lands cap i ng strips Qualified trees Pervious pavement P:uking areas~ interior No/e J. No/e 2. NO/f! 3. General Rule: Every bu ilding site must have the minimum open and perv ious areas sho\vn, by District) in this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) See PDD Schedules for planned development districts. (2) See special rules noted in tab Ie. (3) See the Projections Schedule for detail s about calcu lating open and pervious areas. SF~J .." . .. ... ... SF~:r.:... . .. . . .. .. .. .. .GR-l>.. -: c. N/A 4WA. N/A N/A N/A N/A 25% 25% 15% 50% See 50% N/A No/e 2. See Note 2. 15% 15% 15% 60%, 60%. See Note I. 400/0 5()1l.lo 24% Required, except for SFD uses on building sites with S~OOO sq. ft. or morc. ~ee Note 3. r~~P-l:fm:.-.EllLSFD uses on building sites with 5~OOO sq, ft. or more, there must he <1t fe:l::;;t one qualified tree in the front yard or in the adiacent street area For aU other uses each qualified tree required by this ordinance or Chapter 22 of the Code of Ordinance must be located within a contiguous and reasonably compact pervious area containing at least 25 sq. ft. However. additional or better ervious area ma be rc uired to com 1 with Cha fer 22_ In a Q~1DS only, pervious pavement is aUowed to be used for aU vehicular areas~ and part of it may count as pervious area. See No/e -I. Rear Yard A(ljacenl 10 Non..sF. The ZBA may issue a special exception to reduce the requirement for open area in a rear yard in a SF District to not less than 40%. if the rear yard abuts a non-SF District. Penoious Ar(!Q ill QMD~: Front yard minimum perviolls area requirement in a QMDS is 400/0., or 3{)1l..lo for a front yard in a QMDS i~low-impact motor court:' Lamh"Coping Strips. Vegetated pervious areas required as follows: (a) minimum five feet wide adjacent to each street area (or 3.5 ft. iflocated in front ora fence or wall at least 3.5 feet high)J and (b) minimum 1 g inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary. Exception: Strips arc not required along alleys or where they must be crossed by sidewalks or driveways. Strips along street areas must have live. evergreen shrubs (maximum spacing is 3.5 ft.) and live qualified trees under Chapter 22 of the Code of Ordinances (maximum spacing is 20 fl.). The building official may approve different spacing for shrubs or trees. upon a showing that (i) the spacing is allowed by standard urban forestry criteria for the particular species and location and (ii) the spacing will comply with Chapter 22. The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area. jfthc ZBA finds that the particular landscaping wm~ in aU probability, be allowed to remain intact for ntlcast 50 years and that it can be maintained and win function as well as a strip located completely on private property. Pervious Pm>(ml(!llt, In a QMDS~ the area of the holes or gaps (if actually pervious) counts toward pervious area requirements (but no more than 30% out of any area with pervious pavement may count). Note ./.