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HomeMy WebLinkAboutOrd 1538 - public hearing / amend zoning / porches ORDINANCE NO. 1538 AN ORDINANCE CALLING A PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO PORCH PROJECTIONS; PROVIDING FOR NOTICE, CONTAINING FlNDINGS AND PROVISIONS RELATING TO THE SUBJECT, AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("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 readopted by Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance"), which report is attached 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, TEXAS: 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, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on November 11, 1996. The hearing may be r~cessed and continued to the City Council meeting set to begin at 7:30 p.m. on November 25, 1996. 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 Council 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 at least once on or before the fifteenth day preceding the date of the hearing. The notice shall also be posted at five public places in the City, one of which must be the place used for posting notices of City Council meetings. The notices shall be posted on or before the tenth day preceding the date of the hearing. 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. 1 ."..~,~~ , 7OT""C~!~I-:~I'f~'lrm' 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 2. If any word, phrase, clause, sentence, paragraph, section or other part ofthis 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, 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. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED AND APPROVED on first reading, this ot;1~y of (Cl~~ , 19~ Voting Aye: Voting Nay: Absent: ~~ Biltw atson, Mayor ATTEST: (Seal) ~~ Reviewed: ~ \ ., ~ City Attorney 2 r ,,- -- -- . lITL.l . L :: i -:;j]ll,------~----------------------- -", - '0" :lirrr"lIlrru Exhibit A Zoning & Planning Commission City of West University Place. Texas 3800 University Boulevard Houston. Texas 77005 (9~ lY , 19-1k Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to porch projections 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. Scone of Pro no sa 1. The proposal would limit the volumetric size of porches allowed to project into front yards and increase the allowed column widths. The exact wording is attached to this report. The volumetric limit should help to prevent overcrowding and overloading the City's infrastructure. It should also help to preserve light and air circulation. The column width increase should allow greater design flexibility for porches. Preliminarv 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 proposed amendment, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the amendment, and (ill) 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. Commissioners -- V\P"'t, - 3 ,---,,'---~--"--"-~~'''---~---l'''''''--=T'''=''''-=--~---=''='-ot='''''"'~''''''''1.~ 1-- >, - - '~O_~O~'~mr1, 1...;'::;~--- :''"iitiITlfm-- Respectfully submitted: ZONING AND PLANNING COMMI$SION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ZAn1)_ cfM For the Cortunission 4 ~' ----=e~-==r'-~-~-f'''=-=-~=.7-~~'i1iI1 inwn --------~_n___;~inlnnlf- AMENDMENT RELATING TO PORCHES Amend Table 7-6 asfollows: Table 7-6. Projections Schedule, page i Projections Schedule Type Of Structure Buildings And Attached Structures Items above ground level: Eaves, cornices, roof extension:;, "greenhouse" and bay windows (no floor space), window sills, cantilevered building space, window boxes, beh courses, window air conditioners and siiniIar llart.s of buildings. Items at and above ground level: Chimneys/fireplaces (with cross-sectional areas of 8 square feet or less) and similar parts of building<!. Porcheslplatfonnsldecks higher than 14 inches, and similar structures attached to a building. Steps not higher than the first floor level. are allowed to "project" into open and pervious areas the "Open & Pervious f\reas" Special Rules For Calculating Open & Pervious Areas The area does not count as open area. The area does not COWlt as either open or pervious area. The area does not COWlt as either open or pervious area. The area beneath a deck may COWlt as pervious area if rain is allowed to pass through the deck. The area does not COWlt as either open or pervious area. GeneralRule: This schedule describes certain structures which yards (or setbacks). It also provides special rules for calculating affected by such structures. See the "Yards (or 'setbacks'" and tables. Maximum Allowed Projection (In Inches), Measured From The Inside Ed~e Of The Yard Front Yard IS" IS" 0, but see Note 1. 120" Side Yard 24" except that no item below the eave may be closer 1han 36" to the SPL 12" except that no item below the eave may be closer 1han 36" to the SPL 0 0 Rear Yard SF Buf.. feryard IS" IS" IS" IS" o o o o Note 1. Porch In Front Yard. A porch may project up to 120 inches ifit meets all of the following criteria: ill It is neither designed nor usable for motor vehicles; - - - -- (m The volume of the vroiecting Dart of the Dorch does not exceed 50 cubic feetper foot of front street line (Examole: the maximum oroiectingvolume on_a 52~-foot wide site would be SO cubic feet x 52.5. or 2.625 cubic feet). ilill It The porch's outside perimeter is open and unobstructed M'Otlrl.d it3 entire f'eIimctcr,except for the following features: (a) Ordinary window screens. (b) The pm-hO.ll. of thG perimeta 3hmg OI bchirtd thG ifflnt sctbac;k Jin~ ooctlpicd 0, 1:hG Ie..aain<k.l ofthcbtti:lding to "bieh it io! attaGhed. eel Sttpportmg .crti-Gal oolt1!im3 .if cithcr oflhG follo~ing t\.o eiretm'1314nee3 i3 ptGSe-nt. lht; total (i) the tood width oflk ootGr flleG3 ",fthe ooltlm!'l3 i31l.vt g..Gllt"l thc!l:n ten. percent ofthG pore-h's opel!. paimclcr OI eii) thcrG 3rG lI.t) more thm h.o oolttrrm8 in the projectin:g part of the porch, Mld ndt:hcr OOhl:mfl is more 1hml 12 taGhG3 t:bkk, .ll.lGl13t1t'Gdl.tl: its thic.kGst point 1tbthG J.5 fed abMG the porch flool ll11d along its grG3tGst diameter (l,hieh ~d.SG dill~llHy ~~ Gll3Gof a rechmgtl:lllt" oohmm.). (d) A solid or partlally open safety rail not higher than 3.5 feet above the porch floor. (c) SuppOrtlng vertical columns if the total width of the outer faces of the columns does not exceed either ""'5U"/o ot the outsl<le peffiiietei'Of the vorch or 25% of th;-theoretical outside perimeter ofii'iii"'aXiillum-SiZeapoFCh. 1 he Wldtll of a colmnn is measured at its thickest noint above 33'feet above the porch floor, . the "maximum-sized vorch" is 120-inches deep and extends from one side'Yird lme to the other. but it is limited bv~eonen area requirement for the front Xard The "ffiitSi&pennl'eier"Of' a Dorch is the vortion of the verimeter out in the frontyafa: It does nof"iiiCliiOe the portion or the Derimeter adjacent to_a building or lvingalong; the frOiit setOiiCk Me. b30:\54oporch .p'.,-,."""'''''=''''''----==-==~=:~ EXHIBIT ..A... (Page~of totaIpqe ~:~---- , i'T":tlrnnlrm' Exhibit B NOTICE OF ZONING HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on November 11, 1996. Each hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on November 25, 1996, at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City's Zoning Ordinance, as follows: 1. Porch Proposal. Limit the volumetric size of porches allowed to project into front yards and increase the allowed column widths. 2. "Framed Area" Restriction. Restrict the "framed area" of buildings on each site in the SF-I, SF-2 or SF-3 District to 90% of the size of the site. For example, the maxnnum "framed area" of buildings on a typical 50 x 100-square-foot site would be 4,500 square feet. The "framed area" is rougWy the square footage of buildings, on all floor levels. 3. Townhouse Design. This proposal would apply in the TH District and the townhouse Planned Development Districts (pDD- THI through PDD- TH7)[It would: (a) increase the ---. maximum number of stories from 2 ~ to 3 ; (b) allow upper parts of buildings (above eight feet) to project into front yards or setback areas, if the projecting parts are cantilevered (or suspended); and (c) allow fences up to seven feet high in front yards. 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. Each proposal may be adopted only after notice and hearing, and it would control over any inconsistent provision in the current Zoning Ordinance. '" 31 b:\540zporc ~10 S~ ~~~ (~W) vdW ;v. ~ bVt-1 oJ bfL-'L ~~1.kr. 5 ~--r='- , mn . TIf,---m ----'-'jTc:iilc1rlTllmc-