HomeMy WebLinkAboutOrd 1729 - zoning ; framed area
ORDINANCE NO. 1729
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;" PRESCRIBING
PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER
PROVISIONS RELA liNG TO THE SUBJECT; AND DECLARING AN
EMERGENCY.
WHEREAS, the Zoning and Planning Commission (HZ&PCU) of the City of West
University Place, Texas C~Cityn) 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 r~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. 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.
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&PCI and
(4) vote by the City Council on the question of adoption. The procedures for enforcing the
proposal shan 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 shan give notice of such hearing as prescribed by this
section. The notice shalf be in substantially the form set out in Exhibit 8, 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 word1 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. Ordinance No. 1726 adopted on January 13, 2003 relating to the same subject is
hereby repealed.
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
Lawl 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 Zo.ning 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 shalf become effective immediately upon adoption and
signature.
PASSED, APPROVED AND ADOPTED on
, 20 tJ3.
Attest
~
Recommended: A1i~ /l I ~
7 6~aJer
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
December 12, 2002
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"
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 areaH in Article 2 of the Zoning Ordinance, as indicated in the
attachment to this report. The principal purposes are to: (1) count
space beneath air-conditioned space (for example, a breezeway beneath a
bedroom) as "framed area," and (2) clarify and tighten the existing
definition.
The proposal would not change the percentage of allowable "framed
area" 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 Vote. The following members of the Commission approve this
preliminary report: Commissioners Whitlock, Pohl, Stewart, Yehle, Brown
and Nelson voted "aye." (Commissioner Boucher arrived at the meeting
after the vote on this item.)
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
Revised Draft
"Framed Area"
Amendment
12-12-02
Framed area. T11e fr::l1ned area is Ineasllred by' takiI1g tIle outside dil11el1siol1S of c~/cry b~lildillg on
c~lcry floor le-vel, exclllding GIlly: (i) space ill an attic or buscl11el1t, if tIle space calulot be reac11ed throllgll
a fixed access",~.\Tay, or if it 'has less tllUll ce~lell feet oflleadroolu, and (ii) allY space ~vvhicll this ordillU11CC
allo"\J\'s to project i11tO n front yard ~Framed area means all bllilding space and any area (at or above grOll11d
level) bel1eatll air-con,ditiol1ed bllilding space., excludillg: (i) UllfiJlis11ed attic or baselnent space witll no
fixed accesswav or witllless t11ml seven feet oflleadrooln~ (ii) pervious area at ground. level bel1eatll bay
Willdows'l cantilevered space a11d Sil11ilar parts ofbllildings proiectillg 15 inches or less: and (iii) frollt
porell space tllat lawfully 'proiects illto a frollt yard (or could. lawfully 'proiect.. ift11e bllilding were closer
to the front street lille). Framed area is measured on eacll floor level USitlg tIle ollter 'walls (or perilueter)
to calculate tIle area (also illClu.dillg the outer walls of bay windows., cantilevered space and. s.itnilar space..
regardless of tIle l1eight of tIle floor)~ For measuremel1t purposes.. eaves.. cornices~ cllimlleys~ fireplaces..
window sills'l belt courses and similar non-occupable spaces are disregarded ift11ey cOlnplv witll tile liluits
for proiections illtO froll! yards as soecifi.ed in Table 7-6~
Exhibit B
NOTICE OF PUBLIC HEARINGS
The Zoning & Planning Commission and the City Council of the City of West University Place,
Texas (HCity") will hold a joint public hearing in the Council Chamber of the Municipal Building,
3800 University Boulevardl 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 proposals to amend the City's Zoning Ordinanc8t as follows:
Framed Area. This proposal is to amend the definition of uframed areau in Article 2 of the
Zoning Ordinance. The principal purposes are to:
(1) count space beneath air-conditioned space (for example, a breezeway beneath a
bedroom) as uframed area;" and
(2) clarify and tighten the existing definition~
The proposal would not change the percentage of allowable uframed area" in Table 7 -4b.
The percentage would remain 800/0 in the single-family detached districts (or 1000/0 in
certain higher-density districts).
Driveways, Maneuvering Areas, Curb Cuts, Etc" This proposal is to amend Table 7-
5a1 Sections 10-102 and 10-1 03 and Article 2 as follows:
(1) provide a general uclean up" of the regulations, including some cross-referencingl
defin itions and reorganization;
(2) allow a 3D-foot-wide driveway for side-facing garages with three or more bays
(compared to 20 feet under the current ordinance);
(3) add measurement rules for maximum driveway width and maximum curb cut width
(Note: driveway maximum widths would be measured in the street area--i.e., the
ROW--and in front yards, only. As a result, the maximum widths would not apply
elsewhere. Curb cut widths would be measured at the edge of the roadway.); and
(4) allow parking pads} stub driveways or other maneuvering areas in residential front
yards connected to a major thoroughfare (i.e., Kirby, Bellaire or Bissonnet), to
allow vehicles to turn around and enter the thoroughfare going forward.
Additional details on the proposals 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 proposals may be adopted only after notice
and hearing, and they would control over any inconsistent provision in the current Zoning
Ordinance.
/s/ Kay Holloway, City Secretary
Date: