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HomeMy WebLinkAboutOrd 1781 - zoning ; side and rear yard projections City of West University Place Harris County, Texas Ordinance No~ 1781 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING SIDE AND REAR YARD PROJECTIONS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS1 the Zoning and Planning Commission (UZ&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 Ord inance No. 1672, adopted March 12, 2001) a nd as amended thereafter C(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 Municipar Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on March 28, 2005~ The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April 11, 2005 at the same pJace, unless rescheduled. The City 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. 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 CouncH 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 pubrished in the City's official newspaper (or another newspaper of generaJ circulation in the City) at least once on or before the 16th day preced i ng the d ate of the heari ng. I n add ition 1 the notice shall be mailed to the persons on the mailing list for the City CLlrre/1ts 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 arl 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. AU ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Cou neB officially finds, determ ines a nd 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 amended1 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 date1 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 r:#-~ / ~ , 20 CS Signed: ~tPtl-~ Recommended: '~r?~ City Manager codes\wup\54 0 CALLI N G Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 January 13, 2005 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 (nCity") relating to side and rear yard projections 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 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. 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 Brow/)) tb-ou;itz. J Pa.5tScl.rf\(tif)O ~ l3eluff- voted "aye; IT no "noes; 1T'Ina-b6.) R0E6j&\e.u.>(qrt absent. ' Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~~ For the Commission Amendment relating to side and rear yard projections (Table 7-6) 12--8-04 Amend Notes 3 and 6 of Table 7-6 as follows: Nole 3. ;f: * . Note 5. N Ole 6. Buildillgs In Rear Yard or SF Bufferyard. A building may be located in a rear yard or SF Bufferyard if it meets an of the following criteria: (a) No part of it may be closer than five feet to the rear property line (or to any SF District,. ifin a SF Buffcryard). (b) Within ten feet of another building site in an SF District (whether on the sidc~ rear or otherwjse)~ it may have no window~ door or other opening above the ground floor (and facin~ the property line of . he other buHdin~ sitc)~ except for opaquc~ nonnopernble openings or skylights. (c) Space in nny projecting building may only be llsed for single-family (detached) use. (d) ~The projecting part of a principal building may not include morc than 600 sQuare feet of non-~ara~c spacc~ and the ~round Ooor must be at least 5) % lU-l-L)' vu[)' b... Ijarage space tduJ -3p..u...... lu,",,,,k-d J~I.......Ll) ~buv... l]~..... t)Uh".o.... ,;)P"''''~ \1;;11 Iv ~ ma^"~JU um vf sea .:Iloiuwn.. f",...t uf ~pi.H.", .u.Du ~.....)~ See garage restrictions in Article 10. Garages In Side Yards. Each projecting building must meet nIl of the following critcria~ (a) It must be at IC3St three feet from the side property line (no projection toward the side street line being perm itted. (b) The projecting part may only contain garage space and space above the garnge. (c) Any projecting part must be at least seventy feet from the front street line. (d) Within ten feet of another bu i !ding site in ao SF D istrict (whether on the side~ rear or otherwjsc)~ it may have no window~ door or other opening above the ground floor (and facin~ the property line of the other buildinJ!;. site), except for opaquc~ non-operable openings or skylights. Equipment In Rear or Side Yard. · REAR YARD: Indicated equipment may project into a rear yard only if: (a) separating the equipment from any buHding site across the rear lot linct there is 3 so lid wa 11 at least one foot higher than the 11 ighcst part of the equipment; (b) if the cquipm cot occupies any part 0 ran easem ent 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 fonnalJy granted to the city any utility casement deemed necessary by the Cityts chiefutilily official; (d) the base ofthc equipment is not higher than 14 inches off- above the ground (Exceplion; the base may be elevated to the minimum level of the lowest floor of the principal buiJding~ as established by the City~s flood damage prevention ordinance, if that level is higher tban 14 inches above the ground.), and (e) if located within five feet of any property line~ the equipment is fully encased in a sound~ absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations; see Ch3ptcr 15 of the Code of Ordinances. .. SIDE Y A R[}: Indicated equipment may project into an interior 01 stTeet side yard (but not closer than thtee feet to n property line) only if it is fully encased in a sound-absorbing cabinet~ or is otherwise designed and operated to com ply with the City's noise regulations; see Chapter IS of the Code of Ordinances. However, replacement equipment may project as close as 18 inches to a property line~ if the fire marshal determines that such projection will Dot significantly interfere with emergency access~ either on the sam c site or on another site. · NEW AN D REPLA C EM EN T EQ U IP MEN T: These rules apply to aU new and replacement equ ipm ent. Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place~ Texas C~CityH) 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 6:30 PM on March 28, 2005~ Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p&m. on April 11, 2005, 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 proposed amendments to the City's Zoning Ordinance, as follows: [INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR THIS MEETING] Side and Rear Yard Projections. Thjs amendment would: (1) modify existing rules for buildings that Ilprojecr into side and rear yardsl incl uding ru les relating to windows I doors ~ open ing sand non-garage space; (2) allow mechanical equipment (like air conditioning units) in a rear yard to be elevated to the minimum level of the lowest floor of the principal building l as established by flood damage prevention ordinance; and (3) allow replacement mechanical equipment to be rocated in a side yard 1 if it leaves at least 18 inches clearance from the property llne and is determ i ned not to interfere with emergency access. Additional details on the proposed amendments as well as the Zoning Ordinance are aU available for public inspection in the M un icipal Build ing, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the CitYI and any person interested in such matters should attend the hearings. No amendment may be adopted until after notice and hearing, and any amendment adopted would control over any inconsistent provision in the current Zoning Ordinance~ Isl Kay Holloway, City Secretary Date: