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: