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HomeMy WebLinkAboutOrd 1731 - zoning ordinance ; setbacks Ordinance No. 1731 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING YARDS OR "SETBACKS" AND RELATED REGULATIONS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission C'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 12f 2001 ("Zoning Ordinance"); and WHEREAS, the Z&PC's 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 March 10, 2003. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p~m. on March 24, 2003 at the same place, unless rescheduled. The City Manger may reschedule the hearing or the recess date, or both, to accommodate other pending mattersf 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 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 a regular edition of 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 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, 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 J 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. AccordinglYt this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED AND ADOPTED o~ / 7 I 20 &3 . Attest/~ ~ Signed:' Secretary Recommended: City Man City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 February 13, 2003 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 yards or "setbacks 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 "Narrow Site 3-7 Exception" that appears in Note 2 of Table 7-2 of the Zoning Ordinance. As a general rule, the note requires a lO-foot separation between buildings on adjacent sites. The amendment would confirm this rule and the measurement method currently in use (measure from the "main wall surface" of each building) . The note addresses a special situation when a new building is "boxed in" by prior buildings close to the line on both sides. In this situation, the note now allows a separation between buildings (on one side) as small as six feet. The proposal would increase the minimum separation in this special situation to eight feet. The proposal also includes some minor clarification and cross- referencing.. The Commission considered additional amendments related to this proposal, including: (i) a restriction on side fences and (ii) a requirement for added fire resistance and sprinkling for new buildings built close to side property lines. The additional amendments would affect Chapter 6 and the Standard Codes Schedule of the Code of Ordinances, not the Zoning Ordinance.. Therefore, the Commission believes the additional amendments should be considered by the Building & Standards Commission, and the Commission has asked City staff to present them to the BSC. 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 following members of the Commission approve this preliminary report: Commissioners Pohl, Stewart, Yehle, Brown and Nelson voted "aye.H (Commissioner Whitlock and Boucher were not presen t . ) Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~~.~ For the Commission \ Proposal for amending yard or "setback" regulations, ("3-7" rule) 2-13-03 Amend Note 2 of Table 7..2 of the Zoning Ordinance, as follows: Note 2. Narrow Site 317" Exception. Alternate side yard areas apply to a building site rneeting all four of the following criteria: (A) The building site "is less than 55 feet wide. (B) The use is single-fanlily (detached) llse. (C) Outside the rear yard, no main wall surface of any building is closer than 10 feet to any lnain wall surface of a "prior bu i Iding" on another bu ilding site (unless there are prior bu i Id ings tr on both sides, each within seven feet of tile property line, in which case the minilnum separation from a "prior building" is eight feet). A "prior buildingH is a building in existence, under construction or covered by a current building pennit \vhen a building pennit is issued for the subsequent bunding. (D) The owner has designated alternate side setback areas in a form approved by the building official and in accordance with all of the following criteria: (1) Minimum setback, interior: 3 feet. (2) Minimulll setback, street side: 5 feet. (3) MiniInUlTI setbacks, both sides combined: greater of 1. 0 feet or 20% of the bu ilding site width~ (4) On each s ide, the setback is uniform in width along its entire length. See .l^t.rticlc 10 Tab"le 7-5a regarding "alternating driveway" rule. 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 Buildingj 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on March 10, 2003. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on March 24, 2003, 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 q proposals to amend the City's Zoning Ordinance, as follows: Yards or "setbacks." The proposal is to amend the uNarrow Site 3-7 Exception" that appears in Note 2 of Table 7-2 of the Zoning Ordinance. As a general rule, the note requires a 1 O-foot separation between buildings on adjacent sites. The amendment would confirm this rule and the measurement method currently in use (measure from the ~'main wall surface" of each building). The note addresses a special situation when a new building is uboxed inn by prior buildings close to the line on both sides~ In this situation, the note now allows a separation between buildings (on one side) as small as six feet. The proposal would increase the minimum separation in this special situation to eight feet. The proposal also includes some minor clarification and cross-referencing. 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 amendment 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. /s/ Kay Holloway, City Secretary Date: