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HomeMy WebLinkAboutOrd 1797 - amending zoning ; regarding side and rear projections City of West University Place Harris County, Texas Ordinance No~ 1797 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING SIDE AND REAR PROJECTIONS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission r~Z&Pcn) of the City of West University Place, Texas (UCity") 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 C'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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 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 ~i,nvalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, 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~ NSIDERED, PASSED AND APPROVED on first reading on ,;o~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: on SIDERED, PASSED AND APPROVED on second reading, AND SIGNED, .~ , ~CJS-:- Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Atte . Signed: Mayor Recommended: ~. City Mager Approved as to legal form: J City Attorney 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 (~CityH) relating to SIDE AND REAR PROJECTIONS 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 7-6 of the Zoning Ordinance to: (1) modify the existing rules regulating buildings that "project" into side and rear yards; (2) allow mechanical equipment in rear yards (like AC units) to be raised more than 14 inches above the ground, but only up to the minimum flood damage prevention level established by City ordinance; and (3) allow replacement mechanical equipment to be located in the side yard if: (i) it leaves at least 18 inches of clearance from the property line (rather than 36 inches, as now required) and (ii) the fire marshal determines there will not be an impediment to emergency access. 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 one witness appeared and offered testimony, and there was some discussion. The Commission has considered all of this information and the Comprehensive Plan. At its meeting held on the date of this report, the Commission considered minor changes to the proposal. They are included in the attachment to this report. 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~../ &~~~~ ~ .h>.,Sel'4-Jt~~ Voeecr "aye;" no "noes; If /) ePS-S absent. Respect~ully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: S-M; ~~ ~-'''''' ~ For the Commission AlTlendment relating to side and rear yard projections (Table 7-6) 4-27-05 Amend Notes 3 and 6 of Table 7-6 as follows: Note 3. Buildings .In Rear Yard or SF Bufferyard. A building may be located in a rear yard or SF Bufferyard if it lneets aJ I of the follo\ving criteria: (n) No part of it may be closer than five feet to the rear property line (or to any SF District, if in a SF Bufferyard). (b) Within ten feet of another building site in an SF District (whether on the side; rear or otherwise), it may have no window, door or other opening above the ground floor (a.nd facing the property line of the other building site t except for opaque, non-operable openings or skylights. (c) Space in any projecting building may onJy be used for single-family (detached) use. (d) Spnce in Thc projecting part of a principal building A nrincinal buildinf! 111aV not omi.ect unless the Q"round floor of the omiectinl! part is at least 51 % may oRI)' be garage space,Jilld there is no more than 600 square feet ofbuildinf! suac.et other than Qaraf!e snace in the nroiectin{! part nnd space located directly abo'"v'c the garaoe space (up to a maximum of 600 square feet of space abo"';e). See garage restrictions in Article 1 O. *** Note 5. Garages In Side Yards. Each projecting building must meet all of the following criteria: (a) It must be at least three feet from the side property line (no projection toward the side"street line being permitted. (b) The projecting part may only contain garage space and space above the garage. ( c) Any projecting part must be at least seventy feet from the front street line. Cd) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), it lnay have no window, door or other opening above the ground floor (and facing: the property line of the other building site )~ except for opaque, non-operable openings or skylights. Note 6. Eq uipnlent In Rear or Side Y ard~ · REAR YARD; Indicated equiplnent I11ay project into a rear yard only if: (a) separating the equipment from any building site across the rear lot line, there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City, the City has issued a separate acquiescence or consent to the occupancy of the easement; (c) there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official; (d) the base of the equiplnent is not higher than 14 inches eft. above the ground (Excevtion: the base mav be elevated to the minimum level of the lo\vest floor of the principal bu ildin g~ as established by th e City's t1 ood damage prevention ord i nance~ if th at l eve lis hi szher th an 14 in ches above the ground. ), and (e) if located \vithi n five feet of an y property 1 in e~ the equ i pment is fu lly encased in a sound- absorbing cabinet or is other\vise designed and operated to comply with the City~s noise regulations; see Chapter 15 of the Code of Ordinances. · SIDE YARD: Indicated equipment may project jnto an interior or street side yard (but not closer than three feet to a property line) only if it is fuIly encased in a sound-absorbing cabinet, or is other\vise designed and operated to comply with the City's noise regulations; see Chapter 15 of the Code of Ordinances. However~ replacement equiplnent repl&cing- older eculipment in a side vard may project as close as 18 inches to a property line. if the fire marshal determines that such projection will not sie:oiJicantly interfere with emergency access~ either on the same site or on another site · NEW AND REPLACEMENT EQUIPMENT: These rules apply to all ne\v and replacement equipment.