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Home My WebLink About07052001 BSC MinutesCity of west University P1aee A Neighborhood Ci ®Re~~~~~~ BUILD~NG & STANDARDS COMMISSION Council Chambers 3800 University Blvd, Houston, Texas 77005 MEETING MINUTES July 5, 2001 6:00 p.m. I. MEMBERS PRESENT: James McDaniel, Steven Stelzer, Jim Collier, Ahmad Jan Durrani II. MEMBERS ABSENT: Bryant Slimp, Roy Harper, and Les Albin III. STAFF PRESENT: Dennis Mack, Neslihan Tesno, Greg Murray and Sallye A. Clark Agenda Item Discussion Action 1. Call to Order. None. James McDaniel called the meeting to order at 6:05 .m. 2. Citizens who wish to be None. None. heard. 3. Citizens who wish to None None. address agenda items. Approval of Minutes. The minutes of the May 24, 2001 meeting. James Collier moved to approve the minutes from the May 24, 2001 meeting as written. Ahmad Jan Durrani 2nd. All voted aye. Motion assed. Minutes a roved. 5. Matters relating to the ADA Greg Murray, City Manager, Sherman Yehl's James Collier moved that the Building and Grievance Policy in the intern gave a presentation on the Building and Standards Commission would accept the role to City. (Presentation by Greg Standards Commission serving as the appeal act as the Appeals board for the ADA Murray) Board for the A.DA Grievance Procedure. This Grievance Procedure. Steven Stelzer 2"d the procedure is a three-step process. motion. All voted aye. Motion passed. 6. Matters relating to possible Dennis Mack, Building Official gave a brief Steven Stelzer moved to recommend approval amendments to the Code of overview of the amendments. Dennis stated that as written to City Council to approve. James Ordinances, Chapter 6 one of the requirements would be that the Collier 2"d the motion. All voted aye. Motion relating to drainage and contractors provide a recorded copy of the site passed. official site plans. plan with site plan attached prior to construction. Therefore, those drainage requirements are met. He also explained that this would be a two-step process: 1. Propose a 1/8' per fall per foot (minimum), 2. Foot and a half fall drainage catch basin to the street. Dennis Mack stated that Drainage criteria would be available to the Building and Standards Commission at the next regular meeting. Mayor Linda Lewis, Council Liaison had an idea that the Landscaper to register as a contractor and pull a permit with acknowledgement of qualified drainage re uirements. L~ 3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org • Building Standards Commission Meeting Minutes Page 2 7. Matters relating to Sign Jim McDaniel went over the typographical errors No action was taken on this agenda item. Regulations and and asked what the Sign Ordinance Amendments Amendments, Chapter 3, were designed to do. Demiis Mack, Chief Code of Ordinances. Building Official explained that this Sign Ordinance was to require commercial lots to be consistent and to limit the temporary signs in amount and trying to control sign clutter and size. Jim McDaniel stated that the Zoning and Planning Commission offered Building and Standards the opportunity to review before movin forward. 8. Staff Comments. (Non None. None. Action Items) 9. Commission Member None. None. Comments. 10. Adjournment. James Collier moved to adjourn. Steven Stelzer 2"d the motion. All voted aye, motion passed. The meeting adjourned at 6:55 p.m. Attachment: "DRAFT" ADA Grievance Policy "Draft" Amendment for "Official Site Plans" including additional drainage provisions, etc. 7-2-01. PASSED AND APPROVED THIS DAY OF ~"dL'• Chairman A ST: Sallye A. Clar tanning and Development Assistant (~: ~ 7/5/0 ~ ~5C ~ /~ ~~ ~~ ADA Grievance Procedure / 1 • DRAFT ADA Grievance Procedure • ~~~ Purpose The purpose of this procedure is to secure, in the easiest and most efficient manner, resolution of grievances. For the purpose of this organization, a grievance shall be defined as a complaint regarding access or alleged discrimination. Scone This procedure shall be available to all individuals using the services and facilities of the City, applicants for employment with the City, and all employees of the City. Procedure STEP 1: All grievances are to be submitted in writing to the ADA Coordinator. The grievant shall set forth in the body of the grievance the nature of the complaint, the facts upon which it is based, the specific nature of the perceived barrier to access or alleged discrimination, and the relief requested. No grievance shall be accepted which has been submitted: 1) more than one hundred and eighty (180) days after the occurrence of the event giving rise to the grievance; or 2) within one hundred and eighty (180) days after the grievant, through the use of reasonable diligence, should have had knowledge of the event. Within ten (10) calendar days of receiving the written grievance, the ADA Coordinator will meet with the grievant and attempt to resolve the grievance. The ADA Coordinator will provide a written response to the grievant within ten (10) calendar days of the meeting. If the ADA Coordinator's response does not resolve the grievance to the satisfaction of the grievant, he or she may proceed to Step 2 by giving written notice no morewthan ten (1~ lendar d ys after the ADA Coordinator's response is received or due. Off' G~Ct~"~. l ~,~` STEP 2: All written requests of appeal will be considered by the Building and Standards Commission. Consultation will be sought from an expert in the specific disability area related to the complaint in question. Following the Commission's review of the written appeal, a hearing will take place in which the grievant may present the specifics of the grievance and the desired relief. Notice of the public hearing will be given and the proceedings of the hearing shall be open to the public. The Commission shall issue a written decision within~'b~y-five (451 calendar days of being notified of the appeal. All Commission proceedings shall be recorded~ranscripted, and maintained. If the complaint still had not been resolved to the satisfaction of the grievan , e or she may proceed to Step 3 by giving written notice no more than ten (10) calendar days after the Building and Standards Commission's written decision is received or due. STEP 3: Step 3 appeals will be considered by the City Council in a public hearing. A determination must be made within thirty (30) calendar days of the public hearing. All determinations of the City Council shall be final. C:IWINDOWS\TEMP\Grievance Procedure.doc 5/3/01 11:13 AM Qcttac~m~nint `6~ ~/5/~ K~sern1~ rn~ /~o~ a V ADA Grievance Procedure / 2 • Records Record of proceedings and action taken on each request or complaint must be maintained for each level of the grievance process. Reprisal Reprisal against any grievant or witness is prohibited. No individual's right to prompt and equitable resolution of a complaint shall be impaired by his/her pursuit of other remedies, such as the filing of a complaint with the U.S. Department of Justice or any other appropriate federal agency. Furthermore, the filing of a lawsuit in state or federal district court can occur at any time. Source: City of Mankato/misc. CJU' t • • C:IWINDOWSITEMP\Grievance Procedure.doc 5/3/01 11:13 AM Amendment for "official site plans" including additional drainage provisions, etc. 7-2-0~ ~5 " ~~~ o~ Amend Subsection (c~ of Section 6. X70 of the Code of Ordinances, as follows: (d) Temporary, conditional permits. The Building Official may issue temporary or conditional permits if: (1) appeal or enforcement proceedings are pending or contemplated; (2) the permit helps to reconcile two or more applicable regulations; (3) in the case of major development, it appears that the work has been completed in compliance with applicable regulations and the permittee is diligently pursuing the preparation of a final official site plan; or (4) the permit helps achieve compliance with an applicable regulation. The Building Official may cause a notice of such a temporaryor conditional occupancy permit to be recorded in the real property records of the county. Amend Section 6.403 of the Code of Ordinances, as follows: • Sec. 6.403. Surveys; Official Site Plans. . (a) Basic survey. For each development project for which a permit is required, the applicant must submit a boundary survey showing all existing and proposed structures. The Building Official may waive this requirement if substantially equivalent infoYrriation is available from other sources. (b) Forms survey. For each major development project and each new foundation of a building, the applicant must submit an additional survey showing the actual location of all foundation forms or guides as set upon the ground. They must be located accurately with respect to the boundaries of the building site. This additional survey must be delivered to the Building Official not later than noon on the first City working day preceding the day on which the first part of the foundation is poured or affixed to the ground, and it shall be unlawful to proceed with such pouring or affixing before the Building Official makes a note on such survey to the effect that the proposed foundation appears to comply with yard and site regulations. (c) Drainage. elevation survevs. This Code requires additional surveys for draina a See e.~.. Section 6.405 and Chapter 20. The zoning ordinance reauires a survev to establish the standard base elevation. {~j.(dZStandards. All surveys and official site plans (inclt~dine their form, scope and certifications) must meet standards prescribed by the Building official. (e) O~cial Site Plans An official site plan is required for projects involving major development or ~xade raisine, as follows: (1) The main purpose of the official site plan is to assemble, coordinate and record • Page 1 of 5 Q ~uCfum enf td 7 5300 l~SC rnf~orwiuXaa ~a • applicable regulations, not only during construction but also for nears thereafter. .~ important survey and compliance data that might otherwise be scattered~or difficult to find. It is intended to be an aid to persons who must comp) h (21 An official site plan must clearly depict the following as applicable: (i data from the basic survey, forms survev, standard base level survev and the drainage topographic sucve~(iil easements and plat restrictions; and (iii) buildings, pavement, other maior structures, , ay rds (or "setbacks"l. fences, mechanical equipment, garage openings open areas, pervious areas, landscaping strips, parking areas, driveways, sidewalks, loading; areas, curb cuts, waste storage areas, special screens, drainage facilities. required trees, tree pervious areas and other features and facilities required to comply with applicable regulations (see. e.g.. this Chapter 6, Chapter 9. Chapter 19, Chapter 20, Chapter 22, the zoning ordinance and other applicable regulations). (3) Review and approval of official site plans are handled by the Building Official, who shall approve them if they comely with this section and applicable regulations. (4) A proposed official site plan (showing? "as designed" conditions) must be filed with the Building, Official as part of the application for a permit for the project. No permit may be issued until the plan is approved. (5) Each penmittee must deliver the final official site plan (showing "as built" conditions, all in compliance with applicable regulations) to the Building Official by the sooner of: (i) the 30`h day following completion of the project ,including • final ground cover and landscaping . or (ii) the 30`h day following the expiration of the permit. In any event; it must be delivered and approved before any final occupancypermit or similar approval maybe issued, other than a temporary certificate of occupancy. It must include the "as built" drainage_plan drawing (as confirmed and certified, with topographic survev data; see below). Any additional review fee maybe waived if a registered professional engineer certifies that; (i) the "as-built" plan is not substantially different from the approved "as-designed" plan and (ii) it provides site drainage better than or equal to the "as-designed" 1'I an• L6) The Building official shall maintain files for final official site plans, as ap cop ved. The files maybe electronic. The Building Official may record a final official site plan in the county real property records. (7) The Building Official may issue a "low impact" certification for small-scale projects that, as a practical matter, will have no impact, or very minor impact, upon required yards, nei hg boringproperty and drainage patterns. The "low impact" certification shall be accepted in lieu of an official site plan. ~8) The Building Official shall provide an expedited, low-cost procedure for minor amendments to official site plans previously approved. Major amendments are handled in the same manner as new plans. Amend Secfion 6.405 of the Code of Ordinances, as follows: • ~ Page 2 of 5 cp~ac~n~nc ~ v5,(~~ asc • • • ~ 3 ~~:~ .~~~ `~~~ Sec. 6.405. Drainage plans and permit requirements. `~' (a) Drainage in general. On each site where major development or grade raising occurs, each permittee, each successive owner and each successive person in control of the site has a continuing duty to: (1) provide adequate site drainage at all times, unless otherwise specified in an approved drainage plan, and (2) implement fully the approved drainage plan (if contained or referenced in an official site clan or Hermit) ). "Adequate site drainage" means drainage that: (i) captures substantially all of the rainwater that would either fall onto the affected area as a result of a 10-year frequency rainfall event (determined according to criteria used by the Texas Department of Transportation) or otherwise flow into the affected area as a result of such an event; and (ii) causes the rainwater to be absorbed in that area or conveyed to a lawful receiving place for rainwater, without escaping onto any other site and without washing significant quantities of soil or debris off the buildin site -site. The "affected area" is the area affected by grad raising work or, in the case of major development, the entire building site. (b) Building permits; "low impact"exception. A building or similar permit that authorizes major development or grade raising is void unless it contains or references either: (1) an approved drainage plan that complies with this section, or (2) a "low impact" certification by the Building Official, to the effect that the work authorized by the permit will probably have no drainage impact, or very low impact, upon neighboring property. (c) Requirements for drainage plan. Each drainage plan must: (i) include a topographic survey drawing (with "spot" elevations) showing the affected area and the receiving points for runoff, "as-is," before work on the site begins, (ii) include clear drawings and descriptions of proposed temporary and permanent drainage measures that produce adequate site drainage, (iii) minimize the amount offill and tree damage, (iv) minimize the effect of drainage upon off-site areas, (v) contain additional information requested by theE-itq-engmeer~rBuilding Official, and (vi) be preparod and sealed by a professional engineer licensed to practice in Texas. A plan is not effective until approved by the Buildint Official Eity-eirgitreer. Amendments to a plan also require approval by the Building Official (d) Implementation of drainage plans. Either temporary or permanent measures to achieve adequate site drainage must be put into effect no later than the time when the grade- raising activities are started, or, in the case of major development, the time when the first foun- dation is poured or otherwise affixed. The temporary measures must remain in effect until the permanent facilities are installed and are operating as designed. Permanent measures to achieve adequate site drainage must be installed and operating as designed before the grade-raising work or major development is completed. Temporary measures may incorporate all or part of the permanent measures. (e) Confirmation of drainage plan ("as-barilt "). For each project for whi ch a drainage plan is required, each permittee has a duty to deliver the following to the Building Official: (1) a topographic survey drawing (with "spot"elevations and flow directions) depicting the entire affected area and the receiving points for runoff, both Page 3 of 5 ~ ~l5~or .~ ~~ .. ., { :. ;;.~ ~. • "as-designed" in the approved drainage plan and "as-built," and (2) a written statement, from a professional engineer licensed to practice in Texas, confirming that the appravecl "as-built" drainage plan erns-been does, in fact, achieve adequate site drainage consistent with this section. These confirmation items must be delivered, together with the official site plan, when required b~this Code (see. e.g, Section 6.403). (f) Surveying and engineering waivers. The City engineer may waive a surveying or professional engineering requirement for any drainage plan that is very simple and that will obviously achieve adequate site drainage, without the need for professional preparation or analysis. (g) Other Rights and Duties. Some persons may have State-created rights and duties with respect to surface water and drainage. These rights and duties, if they apply, would typically arise from natural drainage patterns, although it would be unusual to find natural drainage patterns still in existence in built-up urban areas like the City. For example, under State water laws, a property owner may have the right to allow water to drain naturally onto neighboring property, and the owner of the neighboring property may have the duty to receive the water. phis t.. ..t... .J, ....»»...+ ....., .,..,.... v.. v»u avy,..aav ... l,va aaaauw w owy ul wlllu~ WLLl61 V11LV ILGlb'11VViliig - .However: (i) neither this Code nor any actions taken by City officials shall ever be interpreted to diminish any other rights or duties arising under State water laws, and (ii) any person who receives any form of permission under this Code remains obligated to carry out all State-created duties and to respect all State-created rights, whether required to do so by the City or not. , propertp: Every property owner remains free to pursue all State-created rights and remedies against other property owners, and it is neither required nor appropriate to involve the City in any such proceeding. Amend Section 20.004 of the Code of Ordinances, as follows: Sec. 20.004. Applicability, reviews, and site plans. (a) Generally. All property proposed for subdivision within the City shall hereafter be laid out in accordance with this chapter for approval by the ZBrPC, and no other subdivision will be recognized by the City. Prior to the proposed plat being considered by the Z&PC, the Director of Public Works will review the plat and make written recommendations to the Z&PC on said subdivision request. (b) Site plans. For all proposed plats or replats~ except replats ofpreviously-developed SFR sites to create revised SFR sites, each with 5.000 square feet or morel , - ~ - , - - ,the following • Page 4 of 5 1 n ~lJ ~/5~aUl • apply: (1) an a proposed official site plan covering the entire area to be platted or replatted regui-atinnsj; must be filed as part of the filing package for preliminaryplat approval; (2) each proposed official site plan must meet City standards for approval (see Chapter 61. except that the plan may omit (or simplify) building details and other information unnecessary to establish easements, lot dimensions, reserves, streets, other plat features or required facilities for drainage, utilities, access, etc. (all as determined by the Building Official and confirmed by the Z&PC): X31 after final plat approval, the approved official site plan must be filed among the City's plat records, with the original recorded plat, in addition to other filing' and recording required by Chapter 6; and (4) all construction in a platted or replatted area must comply substantially with the approved official site plan rcplat, unless oti~reiwise authorized by an~.mended another official site plan approved under Chapter 6. c: (c) E~:gineering reports. In addition to other engineering reports, the Building Official or the Z&PC may require an engineering report to demonstrate that a site plan or a plat (or development thereon) will comply with applicable regulations regarding parking, driveway, egress and drainage. They may require that the reports be prepared by a registered professional engineer. C01071540sitepl ~ • Page 5 of 5