HomeMy WebLinkAboutOrd 1540 - amend zoning / "framed area"
ORDINANCE NO. 1540
AN ORDINANCE CALLING A PUBLIC HEARING ON A PROPOSAL TO
AMEND THE ZONING ORDINANCE OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS RELATING TO "FRAMED AREA"
LIMITATIONS; PROVIDING FOR NOTICE, CONTAINING FINDINGS
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 recessed
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: (I) 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.
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Section 5. The City staffis 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, 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 confinns 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 ~~ of ~ ~~ , 19'6
Voting Aye:
Voting Nay:
Absent:
~~
Bilr Watson, Mayor
ATTEST:
(Seal)
~~-
R~J~
City Attorney
2
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
o~ If ,19,-/10
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") to restrict the "framed area" of
certain buildings
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 restrict the "framed area" of certain buildings in the
SF-I, SF-2 and SF-3 Districts by amending Table 7-4 (entitled "Buildings") in Article 7 of the
zoning ordinance. A definition of "framed area" would be added to Article 2. The exact wording
,is attached to this report.
The "framed area" is roughly the square footage of buildings on all floorlevels. On each
site, the proposal would restri<;t the "framed area" of all buildings to 90% of the area of the site.
For example, the maximum "framed area" of buildings on a typical 50 x 100-foot site would be
4,500 square feet. Most homes on such sites are smaller than 4,500 square feet, so the proposal
would only affect extraordinarily large structures. The proposal would limit the gross density of
buildings in the City, which should help to prevent overcrowding and overloading the City's
infrastructure. It should also help to preserve light and air circulation and reduce pressure to
cover open space and pervious areas.
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 proposed
amendment, if adopted, would be in the public interest, (ii) makes a preliminary recommendation
favorable to the amendment, and (iii) 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.
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The Vote. The following members of the Commiss~on~prove this preliminary report:
Commissioners AkJe~ ) (' ~c...l."i: ~\ Pc..r >:'..J.~,t~Mh""', I.<C' -AI~I": ~~ tMI/TAU;
all voted "Aye", with Commissioners
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Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: 11u~M~C~
For the CommissIOn
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AMENDED TABLE 7-4 (see new r.nw fnr {{Framed ..4r€lI. . . '7:
If Buildings
Item
Regulation
Dwelling units
Maximum number
per building site
Framed area. all buildinl!S
on a building site
Maximum framed
area as a oercentage
ofbuiIding site area
Acc.essory buildings
See Article 10 regarding
garage space.
Height, maximum
Principal buildings
Stories, maximum
See Article 10 regarding
garage space.
Height, maximum
Minimum gross
floor area
Width, minimum
_ Table 7-4. Buildiu2S
Gener~l Rule: Every structure and building site must confOIJD to the applicable
regulattons shown, by District, in this table.eNI A" means the rule does not apply.)
ExceptionslSpecial Rules: (1) See special rules noted in table. (2) See PDD Schedules
for Planned Develo ment Districts.
One, plus one accessory quarters
21.5
per
acre.
Two
24 per
acre.
See
Uses
table
and
Art. 9
35 ft.
See
Note
2.
N/A
35 ft.
See
Note
2.
1,400
sq. ft.
Other. __. N/A J;;:re4..~
Note 1. Antennas and Chimneys. Roof.mounted radio or television antennas on a principal building in a residential district may project up to [our
feet above the roof. The maximwn height of chimneys attached to a principal building is the greatec of35 feet or four feet above the roof.
Note 2. Height In C District. In the C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to
the nearest part of an SF District.
Note 3. Building Derail. TH District. A four-hour fire wall. or its equivalent, must separate adjoining dwelling units. The number of dwelling units
it a continuous row may not exceed four, unless the row faces a street, in which case the row may not exceed Ii length of 200 feet. To separate
a row ofbuiIdings, there must be open area at least five feet wide maintained so that firefighters with hoses could pass through.
Nate 4. Building Detail, GR2 District The maximum length. ora building or row of attached buildings is 200 feet. To separate buildings, there must
be open area at least five feet wide maintained so that firefighters with hoses could pass through.
~
N/A
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Three
N/A
25 ft.
Two and one-half
35 feet; 25 feet in rear yard. See Note 1.
-
1,400 square feet, ifused for 1,200
residential purposes sq. ft.,
each
DU.
-
N/A 16 ft.,
each
DU.
N/A See I
.!:!2!!.L
750 sq. ft, each DU
N/A
EXHIBIT J:L
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total pages)
NEW DEFINITION (add to Article 2):
Framed area. The framed area is mea~mrerl ~ t~kin~ thE" nllt~jrle' diweusioRg of ~ b\:lih:lifl&
on every floor level. excluding only' 0) space in ~m ::ltti~ or h~~E"mpnt lftQe' spac~ CWROt \}@naehed
through a fixed accesswav. or if it has less than seven feet ofhf"J'lfom ~nn ~ii! l'Iny..:pl'lC'P which tb,ig
ordinance allows to nroiect into a front yard. ' b31:\540frame(9-9-96)
EXHIBIT A
(Page II)". of
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Exhibit A
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Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
November 11, 1996
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Hou&on, Texas 77005
Subject:
Final report on proposal to amend the zoning ordinance of the
City of West University Place, Texas ("City") to restrict the
"framed area" of certain buildings
To the Honorable Mayor & Members of City Council:
The Zoning & Planning Commission of the City. submits this, its final report,
on the subject proposal, for the assistance of the Council as well as other interested
persons.
Scope of Prqposa 1 The pmpfiSal is to restrict the "framed area" of certain
buildings inthe SF-I, SF-2 and SF-3 Districts by amending Table 7-4 (entitled
"Buildings") in Article 7 of the zoning ordinance. A definition of "framed area"
would be added to Article 2. The exact wording is attached to this report and
labeled Exhibit B.
The "framed area" is roughly the square footage of buildings on all floor
levels. On each site, the proposal would restrict the "framed area" of all buildings
to 90% of the area of the site. For example, the maximum "framed area" of
buildings on a typical 50 x 100-foot site would be 4,500 square feet. Most homes
on.such sites are smaller than 4,500 square feet, so the proposal would only affect
extraordinarily large structures. The proposal would limit the gross density of
buildings in the City, which should help to prevent overcrowding and overloading
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the City's infrastructure. Itshould also help to preserve light and air circulation and
reduce pressure to cover open space and pervious areas.
Scone of Information Reviewed. Initially, the Commission considered the
proposed amendment in concept, focusing on its hypothetical effect upon recently-
built houses. The Commission then examined actual data from the Building
Division, developed actual wording for the amendment and recommended it,
preliminarily. At the joint public hearing on this matter held this date, the
Commission received additional evidence. Approximately 20 persons attended the
public hearings, and there were about ten oral statements and three written
statements submitted. The Commission has reviewed the City's Comprehensive
Plan as well as the Zoning Ordinance and the Zoning District Map (which is not
proposed to be changed).
Findings And Recommendation The Commission: (i) finds that the proposed
amendment would be consistent with the Comprehensive Plan and in the public
interest, (ii) finds that the proposed amendment reasonably addresses circumstances
which have arisen since the last comprehensive revision of the ordinance, (iii) makes
its final recommendation in favor of the proposed amendment, and (iv) recommends
that the City Council adopt the amendment.
The Vote. The following members of the Commission approve this
preliminary report: Commissioners Nel~on M~n7.o A lNn Mm:hp'T ~t~rir.h and.
Cass-Shirley all voted "Aye," with Commissioner~ (None) voting 4'No"; with
Commissioner Ross being absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:ks ~0~~
F th C .. -------
or e omnnSSlon .
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Exhibit A
Zoning & Planning Commission
City of West .University Place, Texas
3800 University Boulevard
Houston, Texas 77005
A/dvr;tJ4D~R- I ~
. 19 "
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject:
Preliminary report on a "companion" proposal to amend the zoning
ordinance of the City of West University Place, Texas ("City") to restrict
the "framed area" of certain buildings
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. This
proposal is a companion to the proposal to limit framed area to 90% of the area of each building
site. The 90% limit was reported on favorably by the Z&PC on November 11, 1996. It is
pending before the City Council.
Scone ofPrQDosal. This report concerns a very similar proposal, which would be to
restrict the "framed area" of certain buildings. The buildings affected. are those which are subject
to the regulations generally applicable in the SF-I, SF';'2 and SF-3 Districts. The proposal would
amend Table 7-4 (entitled "Buildings") in Article 7 of the zoning ordinance. A definition of
"framed area" would be added to Article 2. The exact wording is attached to this report.
The "framed area" is roughly the square footage of buildings on all floor levels. This
particular proposal would restrict the "framed area" of all buildings on a site to ~ ~ of the area
of the site However, the Z&PC and the City Council would have discretion to set. a higher
percentage, after the public hearing. (T"'- Z~IC 1-e..c..M~ -M.... p~"L.gS~)
If the percentage were set at 85%, for example, the maximum "framed area" of buildings
on a typical 50 x IOO-foot site would be 4,250 square feet. Most homes on 50 x 100 sites are
smaller than 4,250 square feet, so the proposal wQuld only affect larger structures.
The proposal would limit the gross density of buildings in the City, which should help to
prevent overcrowding and overloading the City's infrastructure. Any new limit on framed area
should also help to preserve privacy, peace and quiet, the circulationoflight and air, access for
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police and fire purposes, open space and pervious areas.
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. This recommendation does not affect the recommendations previously made on
the90% limit.
The Vote. The following members of the Commission approve this preliminary report:
Commissioners ,vw~r~ Ch.,.{,~ Nt-Ism., SAA ~?A , PJ$~cl.. J fL.'!; AI b,';)
B'I,.I-..... ~h~}.... . all voted "Aye", with Commissioners
j:::.Dro J M.otL..- I Voting "No". ;)f
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By. 4f ~___
For the Commission
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COMPANION AMENDMENT RELATING TO "FRAMED AREA"
Amend Table 7-4 as follows (see new row for "Framed Area.
16 ft.,
each
DU.
Other N/A ~;e 3. N/A I ~;e 4. I N/A
Note J. Antennas and Chi;;;neys. Roof-mounted radio or television antennas on a principal building in a ;esidential district may proj~ up to four
feet above the roof: The maximwn height of chimneys attached to a principal building is the greater of35 feet or four feet above the roof.
Note 2. Height In C District. In the C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to
the nearest part of an SF District.
Note 3. BuildingDetail. 1H District. A four-hour fire wall, or its equivalent, must separate adjoining dwelling units. The number of dwelling units
it ina CODtinuous row may not exceed four, unless the row tiwes a street, in which case the row may not exceed a length of200 feet. To separate
a row of buildings, there must be -open area at least five feet wide maintained so that firefighters with hoses could pass through.
Note 4. Building Detail. GR2 District The maximum length ofa building or row of attached buildings is 200 feet. To separate buildings, there must
be open area at least five feet wide maintained so that firefighters with hoses could pass through.
Buildings
Item
Regulation
Dwelling units
Maximwn nwnber
per building site
Framed area. all buildinl!S
on a building site
Maximum framed
area as a nercental!e
of building site area
Accessory buildings
Maximum number
per building site
See Article JOregarding
garage space. Height, maximum
Principal buildings Stories, maximum
See Article J 0 regarding Height, maximum
garage space.
Minimum gross
floor area
Width, minimum
L_-C
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Table 7-4. BuiIdin~s
General Rule: Every structure and building site must conform to the applicable
regulations shown, by District, in this table.("N/A" means the rule does not apply.)
ExceptionslSpecialRules: (1) See special rules noted in table. (2) See PDD Schedules
for Planned Develo ent Districts.
One, plus one accessory quarters
21.5
per
acre.
Two
24 per
acre.
See
Uses
table
and
Art. 9
~
N/A
Three
N/A
25 ft.
Two and one-half:
35 feet; 25 feet in rear yard. See Note J.
1,400 square feet, ifused for 1,200 750 sq. ft, each DU
residential purposes sq. ft.,
each
DU.
-
35 ft.
See
Note
2.
N/A
35 ft.
See
Note
2.
1,400
sq. ft.
N/A
N/A
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Add the following new definition to Article 2:
Framed area. The framed area is measured :bx taking the outside dimensions of
everY building: 2U eveN floor levelj excluding: only: (i) soace in an attic or basement.
if the soace cannot be reached thrOUll1 a fixed accesswav. or if it has less than seven
feet of headroom. and (ii) anv slJace which this Qrdinance allows to orolect into "a
front vard.
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