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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: