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Home My WebLink AboutOrd 1545 - public hearing / amend zoning / "framed area" ORDINANCE NO. 1545 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;" PROVIDING FOR NOTICE; PROVIDING FOR A TEMPORARY LIMITATION ON "FRAMED AREA;" 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 regular meeting set to begin at 7: 30 p.m. on December 16, 19..2.G.... The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on January -1L 1997. 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 Secretary 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 pO$sible amendments to all interested persons. I. , I"~'I ----- r" "Tn "TliT ""'-"I"lT:llm 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. Pending the 'outcome of this proceeding, a limitation on "framed area" shall be in effect temporarily, as provided in this section. No permit shall be issued for any new construction or remodeling which would exceed the 90% "framed area" rule recommended favorably by the Z&PC in its "framed area" report dated November 11, 1996. (The report is on file with the City Secretary.) This limitation expires automatically on the sooner of: (i) February 15, 1997 or {ii}the date that a new "framed area" amendment to the zoning ordinance takes effect. However, this section does not apply to any permit issued in response to a complete application for a building permit (including the full fees) which is physically filed before this ordinance takes effect. Section 7. 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 8. 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 /3;LL h.~ Bill Watson, Mayor ATTEST: (Seal) ~~- C;" y ecretary ?I ~------"------'T':~~~~TI'~-r"~-~"~-'~-~--~"'II'l j'--C;;i'liT ';::'",iii:il'iinm ReJ~ City Attorney b31 :\54oclfr2 T'''''j~~~~~i''''''---r'~'''~''~_C~~~~~''''if'l 'ITlfr -- - :'ii:"mr:mnn Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 Alt?V&I1~efl- /'1 . 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. Scope of Proposal 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 inthe 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&PCand the City Council would have discretion to set a higher percentage, after the public hearing. (Tke.. Z 1:~ NLe~S -live. pe~~~ 1- io-.. <l5' ~~ If the percentage were set at 85%, for example, the maximum "framed area" of buildings on a typical 50 x 100-foot site would be4,250 square feet. Most homes on 50 x 100 sites are smaller than 4,250 square feet, so the proposal would 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 circulation of light and air, access for r~,~~'C~~=I=n---~'~"~'~~~~~l " ',i'liT------------ '-i,:"~n]'rmlfl' police and fire purposes, open space and pervious areas. Preliminaty 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. 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 AJU iZ..~ Choriu NltJ~\ ~o..\ ~~ 'F>o:l-~:rl... ,L~4/~,;.. "B'1,.1~ ~J,,,~\.. I all voted "Aye", with Commissio'ners . K~ Mtls~t..r' ~ Voting "No". -* Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: 1l~ ~ For the Co' 'ssion ;/! TA.. ZUe.. . ~ "-~ . i fb-9bZo, '''I a I'i>k..p /:'-1 ....J f""""~ 0.. ~~ ~ 8'~~ 1.,'1 t:c YI7t..,j ,_[. -r'=To~"o::-:==e'==~------- L . - ._]I:.] TIrr------- '---'~~::."1wlnnmr COMPANION AMENDMENT RELATING TO "FRAMED AREA" Amend Table 7-4 as follows (see new row for UPramed Area. . "): 16 ft., each DU. Other N/A ;;;e3. N/A I ~e4. I N/A Note 1. Antennas and Chi';;neys. Roof-mounted radio or television antetUlaS on a principal bUilding in a residential district may project up to four feet above the roof. The maximum height of chinmeys attached to a principal building is tbe greater of35 feet or four feet above the root: Note 2. Heightln C District. In the C District, no part of any structure (except afence) may be higher than the horizontal distance from that partto the nearest part of an SF District. Note 3. Building Detail, TH District. A four-hour fife wall, or its equivalent, must separate a<ijoiningdwelling units. The number of dwelling units it ill aconlinuousrowmay notexceed four, unless the rowfaces a street, in which case the row may not exceed a length of200 feet. To separate a row of buildings, there must be (lpen area at least five feet wide maintained so that firefighters with hoses could pass through. Note 4. Building Detail, GR2 District. The mliXimum 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 uuits Maximum number per building site Framed area. all buildinl!S on a building site Maximum framed area as a oercentage of building site area Accessory buildings Maximum number per buildingsite Height, maximum See Artick 10 regarding garage space. Principal buildings Stories, maximum See Artick 10 regarding garage space. Height, maximum Minimum gross floor area Width, minimum 't='--- -, "'] 1',- r='C""O"-~~-~:'jf ] nIT-'--- -- -'------c-.--.-T"JiI:rl'llImr- Table 7-4. Buildin~s General Ruk: Every structure and buildinl! site must confonnto the applicable regulations shown, by District, iii1lUstiiliIe.C'NlA" means the rule does not apply.) ExceptionslSpecialRuks: (1) See special rules noted in table. (2) See PDD Schedules for Planned Develo ent Districts. One, plus one accessory quarters 2l.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 1. - 1,400 square feet, ifused for 1,200 750 sq. ft, each DU residential pUtposes sq. ft., each DU. 35 ft. See Note 2. N/A 35ft. See Note 2. 1,400 sq.ft. N/A N/A Add the following new definition toArticle 2: Framed area. The framed area is measured by taking the out~ide dirn~n~ion~ of evelV builqim! Q!! evety floor leveL excluding only: (i) ~ace in an attic. or ba~ernent if the spacecmIDot be reached thrOllgh a fixed acce~~waYr or if it ha~ le~~ th:m ~even feet of headroom. and (ii) any s"pace which this ordinmlce allows to project into a front yard. Exhibit B NOTICE OF ZONING HEARING The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold a joint public he~g in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at7:30 p.m. on np/,:pmnPT 1 h, 1996. The hearing may be ' recessed and continued to the City Council meeting set to begin at 7'10 p.m. on T~nmnl' ll, 1997, at the same place. The purpC?se for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to a proposal to amend the City's Zoning Ordinance to restrict the "framed area" of buildings. The proposal would affect buildings throughout the City which are governed by the rules for the City's single-family (detached) residential districts (referred to as the SF-I, SF-2 and SF-3 Districts). The "framed area" is roughly the square footage of buildings, on all floor levels. The "framed area" limit would be ~% of the size of the site, although the ZP&C and the City Council would have discretion to set a higher percentage, after the public hearing (and the ZP&C has indicated a preference for 85% in its preliminary report). If the percentage were set at 85%, for example, the maximum "framed area" of buildings on a typical 50 x 100-foot site would be 4,250 square feet. Additional details on the proposal as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendment would be generally applicable within the City, and any person interested in such matters should attend the hearings. The proposal may be' adopted only after notice and hearing, and it would control over any inconsistent provision in the current Zoning Ordinance. -- - - -----------,--,-~!'~""'!l!l'~I!f1lllIF-'----