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HomeMy WebLinkAboutOrd 1810 - amend zoning ; framed area City of West University Place Harris County, Texas Ordinance No. 1810 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING "FRAMED AREA" AND RELATED REGULATIONS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY~ WHEREASJ the Zoning and Planning Commission C~Z&Pcn) of the City of West University Place, Texas C'CityU) 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 University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on October 24, 2005. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on November 14, 2005 at the same place, unless rescheduled~ The City Manger may reschedule the hearing or the recess date, or both, to accommodate other pending matters1 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 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 shalf 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, clausef 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 Cou ncil 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 LawJ 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 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 ~~ ~ I 20 0..5-: Attestlse~~4Je.e _ Signed: · ~~5 codes\updates to 2003 ed\54ocalllng F RAM E D AR EAI ZPC prefim report 5~4~04 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 September 8, 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 (~City") relating to "framed area" and related regulations 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, add a new Schedule FA and make related amendments, as indicated in the attachment to this report. The principal purposes are to: (1) count high interior spaces (like atria) as framed area on each floor level, rather than just on the bottom floor; (2) provide a detailed measurement method (for example, there would be an unbroken "imaginary plane" on each floor level that would determine the framed area); (3) clarify and tighten the existing wording; (4) conform the 2 1/2-story rule so that it is stated in terms of 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 Vote9 The vote on approval of this report was as follows: Commissioners ErnlVl1 BelcfGIhJJu.. PQS9:frnanDand StetDQd..voted "aye;" no "noes;" RoSG (.lVlcl }~O(DWlt-z.ab~ent. Respectfu~ly submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~~ For the Commission Proposed amendment of the "framed area " and related definitions ZPC recommendation, 9-8-05 (counts all area over any "imaginary plane'~ no deduction for height--except in attics; with special rules for high one-story buildings and Jiopen" attic-like spaces) Amend the definition of "framed area," to read as follows: Framed area~ Framed area reflects the size of a building, in square footage~ It is defined and illustrated in Schedule FA. [Note: IJtove tlte existing definitioll to IteJV Schedule FA and al11end it.) Divide and amend the definition of Uheight, n as follows: Height. Height is measured vertically from the standard base level of a site~ The height of a structure is the vertical distance to its highest point , Incnsurcd from the standard base lc"y~cl. [move the following to a new definition of ((standard base level. ''j Standard base level. The standard base level is the average elevation of two points: the tops of the curb where the side lines of the building !Lsite, if extended, would intersect the curb (but if there is no curb at either point, or if there is no curb at all, the intersections of the extended side lines with the paved crown of the street are used instead of the tops of the curb)~ Exception~. If sufficient data are available, the Building Official shall designate a substitute standard base level for a building site, which shall apply from and after the date of designation, as follows: (1) The substitute standard base level is the average elevation of eight points, all at ground level on the boundaries of the building site, as follows: (i) four of the points are the exact comers of the site, and (ii) each of the remaining four points is the exact midpoint of one of the boundaries of the site (e.g, side street line), but (iii) if the site is irregularly shaped, or if one or mere of the points cannot be measured accurately, the Building Official shall designate the eight points, using as many comers as practicable and spacing the remaining points as equally as practicable along the boundaries of the site~ (2) The elevations of the eight points must be established by an acceptable topological survey submitted to the Building OfficiaL (3) Topological surveys, to be acceptable, must meet standards set by the Building Official (including the form of the drawing and certificate), but no such survey is acceptable if three or more of the points surveyed have been disturbed by filling, demolition, construction or similar activity within the five-year period preceding the date of the survey. Add definitions of t&attic" and "interior height," as follows: Attic. Unfinished space immediately beneath a roof and above any story below. Heif!ht~ Interior. The vertical clearance between the Inain structural elements supporting a floor (e.g.~ floor joists) and the main overhead structural elements (e~.g~, roof rafters~ ceilin~ Joists). Where there is no floor, the interior height is measured from the ground Of., as appropriate, from an imaginary plane used to measure framed area). Amend the definition of IlStory, half," to read as follows: Add a new Schedule FA as follows: SCHEDULE FA (FRAMED AREA) General rule.~ Framed area reflects the size of a building, in square footage~ Framed area includes all floor and ground areas under a solid, fixed roof, except the uncounted areas listed in this Schedule~ Floor and ground areas are measured, on each level, according to th.e measurement method set out below. For each building, the measured areas for each level are totaled to produce the framed area of the building. Measurement method: For each level of a building, the fraIned area is the area of an imaginary, horizontal, unbroken plane immediately atop the structure supporting the floor (or ilTIlnediately atop the ground, where there is no floor). Each plane extends horizontally to the outer main wall surfaces of the building, or to the outer perimeter of the structure above (whichever is outermost). For this purpose: (i) steps, landings, sunken areas, floor openings and similar features are not considered separate 1 eve Is} so there is no plane on those levels; each plane extends to the outer wall surfaces of bay windows, cantilevered space and similar space on the same floor, regardless of the height of the floor; (iii) if there is a "split level" or similar irregular floor level, the building official may designate either one level to define the imaginary plane for that floor, or separate planes for the separate levels; and (iv) if area (all or part) within a one- story building has an interior height exceeding 19 feet, the area is doubled to calculate framed area (and if it has a interior height exceeding 31 feet, the area is tripled). (ii) Uncounted areas: The following areas are not counted as framed area: Figure F A-1: Imaginary plane Figure FA-2~. Imaginary plane for split levels attic area that cannot be reached through a fixed accessway; attic area where there is a interior height less than seven feet (and those non-attic parts of an imaginary plane on a second or third-floor level, above which there is less than seven feet of interior height); (iii) area beneath eaves, cornices, roof extensions, "greenhouse" or bay windows, cantilevered space and similar parts of buildings that project outward from the main wall of a building no more than 24 inches, if the area is on a lower floor level (or at ground level) and is otherwise completely open to the outdoors; (iv) unenclosed porch area of a principal building, if the porch directly faces the front street line or side street line of the building site and is neither designed nOf usable for motor vehicles; the area of "crawl space" at ground level; (vi) unenclosed walkway or "breezeway" area if: (A) the area directly connects a principal building to an accessory building containing garage space located behind the principal building; (B) the width of the area does not exceed eight feet; and (C) no part of the roofis higher than 14 feet; (vii) area of recessed entries (garage or home) or windows that is completely open to the outdoors on at least one side, if: (A) each area faces the front street line or side street line of the building site, (B) each area is not larger than 100 square feet, and (C) the total of all such uncounted recessed area is less than 200 square feet; and (viii) basement area if: (A) the floor is at least five feet lower than the standard base level of the site, and (B) the interior height does not exceed eight feet. (The rules for uncounted areas shall be strictly construed and applied to the defined areas only. ) (i) ( Ii) (v) Figure FA-3: Attic areas Figure FA-4: Uncounted area beneath eaves, etc. Exhibit B NOTICE OF PUBLIC HEARING The Zoning & Planning Commission and the City Council of the City of West University Place, Texas (UCity") 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 October 24, 2005~ The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p~m~ on November 14, 2005, 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: Framed Area.. The proposal would amend the definition of uframed area" in Article 2 of the Zoning Ordinance, add a new Schedule FA and make related amendments. The principal purposes are to: (1) count high interior spaces (like atria) as framed area on each floor level, rather than just on the bottom floor; (2) provide a detailed measurement method (for example, there would be an unbroken Uimaginary plane" on each floor level that would determine the framed area); (3) clarify and tighten the existing wording; (4) conform the 2 1/2-story rule so that it is stated in terms of framed area~ The pro.posal WOllld 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)~ 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 amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings~ The proposal may be adopted only after notice and hearing, and it would control over any inconsistent provision in the current Zoning Ordinance. Date: /s/ Kay Holloway, City Secretary