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HomeMy WebLinkAboutOrd 1548 - amending zoning "framed area" " (800/0--85%--90%) ORDINANCE NO. l548 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO INCLUDE "FRAMED AREA" LIMITATIONS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning COmrilission ("Z&PC") of the City of West University Place, Texas ("City") have held ajoint public hearing on a proposal to include "framed area" limitations in the Zoning Ordinance of the City, as last reformatted and readopted by Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance"); WHEREAS, the Z&PC has made a fmal report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC and is of the opinion that the proposed amendment should be adopted, as more fully set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The Zoning Ordinance is hereby amended as indicated in Exhibit B, which is attached and made a part of this ordinance. Subsection ( c) of Section 12-102 of the Zoning Ordinance does not apply to the amendments adopted by this ordinance. The 90% temporary limitation on "framed area" as adopted by Ordinance No. 1545, applies until this ordinance takes effect. Section 2. All ordinances and parts of ordinances in conflict herewith' are hereby repealed to the extent of the conflict only. r ", -r .~ II' 1 -~11 I~--- ----- - --"lIi11'iliiiinimrnr' Section 3. 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a 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 Texas Open Meetings Act, as amended, and that each 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. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provide~ in the City Charter. PASSED AND APPROVED ON FIRST READING, this 16th day of December. 1996.. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: . PASSED AND APPROVED ON SECOND READING, this Bztay of h , 19!L7 Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: 15 ""II fL. 7.s1.t4--tJ'tL Mayor Attest: (Seal) ~~d; C' Y ecretary . ~ ' Reviewed: J City Attorney b31 : \54ozfrm 1 r.~_ . - -:-'~~-'- _ _ ~ ,::: :'~::-,':,-___:J. r=:~'''-'='1'''=='--'''--''--':'--'''l'""'lfi':'l _ -'.-.... ,. : ,.LJLl'----.--'-------~-.,---,---,'--r;n'rn:lmmlrmrIIF~ Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 December 16, 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 ofPrqposaL The proposal is to restrict the "framed area" of certain buildings subject to the general rules applicable 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 and labeled Exhibit B. The "framed area" is roughly the square footage of buildings on allfloor levels. On each site, the proposal would restrict the "framed area" of all buildings to 85% of the area of the site. For example; the maximum "framed area" of buildings on a typical 50 x 100-foot site would be 4,250 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 ~___ L~..~-~~"===~~r~~::I-~~--r=~"~.~.-I~==~nrr:I Hi- -'][DJ'ITiHITimmm:" the City's infrastructure. It should also help to preserve light and air circulation and reduce pressure to cover open space and pervious areas. There is a temporary limit on framed area already in effect. The proposed amendment is recommended to take efect as soon as possible, and the temporary limit is proposed to remain in effect until the proposed amendment takes effect. Section 12-102( c) of the Zoning Ordinance should not apply to the proposed amendment. Scope 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, pre~arily. At the joint public hearing on this matter held this date, the Commission received additional evidence. Approximately 50 persons attended the public hearings, and there were about 20 oral statements and no 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 Recommenqation 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 Ross, Starich, Cass-Shively, Albin and Manzo all voted "Aye," with Commissioner Musher voting "No" and Commissioner Nelson absent. (Commissioner Musher indicated a preference for a lower limit on framed area). Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS 1lJ~ By: For the Commission Exhibit B AMENDMENT RELATING TO "FRAMED AREA" Amend Table 7-4 as/ollows (see new row/or "Framp.d Arp.fl ''): Buildings Item Dwelling units Framed area, all buildings on a building site Accessory buildings See Article 1 0 regarding garage space. Principal buildings See Article 1 0 regarding garage space. !able 7-4. Buildings GeneralRule: 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,) Exceptions/Special Rules: (1) See special rules noted in table. (2) See PDD Schedules for Planned Development Districts. Regulation Maximum number per building site MaXimum framed 80% area as a percentage of building site area One, plus one accessory quarters 21.5 per acre. Two 24 per acre. N/A Maximum number Three per building site See Uses table and Art,9 ~ See Note 2. N/A ~ See Note 2. 1,400 sq. ft. N/A Note 1. Antennas and CMmneys. Roof-mounted radio or television antennas on a princip31 building "in a residential district may project up to four feet above the roof. The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof. c --r' ..', Il'~-' Height, maximum Stories, maximum Height, maximum Minimum gross floor area Width, minimum Other r':~ N/A 25 ft, Two and one-half. 35 feet; 25 feet in rear yard. See Note 1, . 1,400 square feet, if used for residential purposes 1,200 750 sq. it, eachDU sq. ft., . each DU, ~ N/A each DU. N/A N/A See Note 4, See NI A Note 3. -I--rn.-:-::J l,]J[r----------- --- -----,--,--,-,.,--~mrnmmJIrnrlle~'---------- 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 Detail, m District, A four-hour fire wall, or its equivalent, must separate adjoining dwelling units. The number of dwelling units it ill a continuous row may not exceed four, unless the row faces 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 of a 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. Add the/ollowing new definition to Article 2: Framed area. The framed area 1~ mp.::I~llrp.r1 hy taking the. oytgidg dimensions of every buildin~ on ev~t.y floor lp.vp.l p.xdllr11ng only' (i) lilpace in an attic or basement. if the space cannot be reac~roll~h a fiXp.r1::1r:~p.c::'nJ\T::IY or if it has less' than seven feet of he::IC-1room ann (11) ::11))' space ,vhich thig ordinance allows to prolect into a front yard L ___':J~ I' -I'rrrl. . ., . L.:ji~rlm---- .."I!1Irllmm 1I!lnn'r~ ---