The URL can be used to link to this page

Home My WebLink AboutORD 1870 Garages in Side Yards City of West University Place Harris County, Texas Ordinance No. 1870 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING GARAGES IN SIDE YARDS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last re-formatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001 and as subsequently amended ("Zoning Ordinance"); WHEREAS, the Z&PC has made a final 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 now formally approves and adopts that report; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the Z&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. 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 provided in the City Charter. CONSIDERED, PASSED AND APPROVED on first reading on April 14, 2008. Councilmembers Voting Aye: Kelly, Cohen, Fry, Guffey, Talianchich Council members Voting No: None Councilmembers Absent: None CONSIDERED, PASSED AND APPROVED on second reading, AND SIGNED, on April 28. 2008. Councilmembers Voting Aye: KELLY, COHEN, GUFFEY, TALlANCHICH Councilmembers Voting No: NONE Councilmembers Absent: FRY Attest: 1J~,t-/;"^1f- City S etary (Seal) Signed: Mal!/;df Recommended: Jity ager Prepared by:' ~ James L. Dougherty, Jr. Approved as to legal form: U-;P ~~ City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 March 13, 2008 Honorable Mayor & Members of the City Council City of West university Place 3 8 08 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to GARAGES IN SIDE YARDS 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 proposal. Note 5 of Table 7-6 of the current zoning ordinance allows some building space (e. g., rear garage) to "proj ect" into an interior side yard, if the separation from the property line is at least three feet. This proposal would revise Note 5 to: (i) allow eaves to be as close as two feet to the side property line; (ii) clarify that stairways and eaves may be in the projecting part of the building; (iii) provide that certain openings may be "translucent (but not transparent)"; (iv) eliminate a reference to "skylights"; and (v) revise and tighten some wording. The principal purpose is to clarify the status of eaves, stairways and openings under Note 5. proceedings After Preliminary Report. Pursuant to public notices, the Zoning & planning Commission and the City Council held a joint public hearing on February 25, 2008. The hearing provided an opportunity for parties in interest and citizens to be heard in relation to the proposal. At the hearing, City staff explained the proposal, and at least one witness commented. The Commission has considered all of this information and the Comprehensive Plan. The Commission recommends no amendments to the proposal. Recommendation. Based on the review given this proposal, the Commission: (i) finds that the proposal would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal, as shown in the attachment to this report. The Vote. This report was authorized by the Commission at its meeting held on the date of this report. The vote was as follows: Commissioners Brown, Duncan, Stafshede, McManus and Elkowitz voted Ilayellj no IInoeslli Commissioners Clark and Yehle absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: 9 For the Commission Amendment relating to garages in side yards (Table 7-6) As recommended by ZPC, 1-10-08 Amend Note 5 of Table 7-6 as follows: Note 5. Garages In Side Yards. A building may proiect toward an interior side property line (not a side street line) if it meets all the following criteria: Each projecting bHilding must meet all of tbe f-elloY/int; criteria: (a) No part of the building may be closer than tbree feet k mHst be at least three feet from to tbe side property line. Exception: Eayes may be as close as two feet. (b) The projecting part may only contain garage space and space above tbe garage ll1!lli. stairway and eaves). (c) Aoy projecting part must be at least seventy feet from the front street line. (d) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), .j.!c.tbe building may have no window, door or otber opening above the ground floor (and facing the property line of the other building site). ExcelJtion: There mav be exoept for opaqHe translucent (but not transparent), non-operable openings or skylights. HOUST COMMl NEWSP AFFIDAVIT OF PU STATE OF TEXAS COUNTY OF HARRIS Personally appeared before the undersigned, a N County and State. Anaela Holman , Represe Publisher of the West Universitv Examiner, a ne County of Harris, State of Texas. Who being duly report of Leaal Notices, a true copy of which is he said newspapers in its issue(s) of the JLI day of ~ day of A OJ My commission expires on NOTICE OF ENACTMENT OF ORDINANCE Th~ lollowing is the caplion and penalty clause of nH ordinanc.: lilllllly pas:;ed and ap- proved by the City Council of the City of West University Place, Tcxns, in regular session on Monday. April 28. 2008. This ordinance takes effect on the lenth day lblldwing its publication. CITY OF WEST UNIVERSITY PLACE. TEXAS ORDINANCE NUMBER 1869 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS REGARDING MECHANICALEQi:1J1'mENT IN REAR YARDS: AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. cn:y Of WEST UNIVERSITY PLACE.TEXAS ORDINANCE NUMBER 1870 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE,. TEXAS REGARDING GARAGES IN. SIDE YARDS: AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; CITY Of WEST UNIVERSITY PLACE. TEXAS ORDINANCE NUMBER 1871 AN ORDINANCE AMENDING THE ZONING ORDINANCE Of THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING BUILDINGS IN REAR YARDS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. CITY OF WEST UNIVERSITY PLACE, TEXAS ORDINANCE NUMBER 1872 AN ORDINANCE AMENDING THE ZONING ORDINANCE Of THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING OLD STOCK HOUSING: AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, . CITY Of WEST UNIVERSITY PLACE, TEXAS ORDINANCE NUMBER 1873 AN ORDINANCE AMENDINO THE ZONING ORDINANCE Of THE CITY Of WEST UNIVERSITY PLACE, TEXAS REOARDING DEFINITION Of STRUC- TURES: AND CONTAINING fINDINGS AND PROVISIONS RELATING TO THE SUBJECT. PerialtvforViolatiorls: Whenever in:this c(Jde' orin a~y ordi~~ric~.oftheCity an 'act is piohibit~d.and i~n1ade or declarc,d..tobe unla\Vful or ?lloifense or 8rnisdemeanor, or ;wheneyer in such Code or or~ ~in8.I1cethe ~()ing()fiany actis.r~qu~dor ',' the/ailure.. tod,oany. actis' deelare4 '. to.. be unlal,'{ful or.~n.~ffens~;. and.. ~o" ~pecWc penaltyjs. providedtherefore,th~'{io]~ti~n o[ any such., pro.visioll.?( thisS?deior~ny such. ordinanc~shal]. .~~ . punished .'. by'a. ~ne,No ',fine shall,exceedhvo IhpusandApll~rs($2;QQQ.OQ) Xo~vip]ati,olls o[a]I.. such~les~. ordin~nces and police, regulationsthatgo~el"llrresafety;zoning or public health,andsanitati.on, in~ eluding d?mping ofrefus~, nor exceedfiye, h?n~redAollar~ ($500,OO}forallot~erviola- tion~, N~pellalty shallb~ greate~orl~ss,tb~nl~~pellalty provided for the,sa01eora simi- lar,offense un.4erlhe.I~Y'softh.e,st~t~: .'.' Each day ~nyxiol~tionof 'hisCo~epr pf ~nyo~di- nance continuesshall constituleaseparateoffense/ IsfGllyltiSch~ltz Gayle Schultz,CitySedetllrY West University Place,Texas May14,2008G JW aayor 1\\\ 1/\,\/ ,2008. . I """\l;~I~II/,,, .:-\~..,'l;. <\~1^\~:~} "';~;';or..\.~,'':- I"/Ill"" LESLIE A. SYRING Notary Public, State of !exas My CommissIon ExpIres FebluolY 02,2011