HomeMy WebLinkAboutORD 1871 Buildings in Rear Yards
City of West University Place
Harris County, Texas
Ordinance No. 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.
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repealed to the extent of the conflict only.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
Councilmembers 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
Recommended:
g~ft/
rvFi(yor
Auest:CitY fZ~~ 1,!t-,4 Signed:
j'tYM
Prepared by: .
James L. Dougherty, Jr.
Approved as to legal form: 0---- ~ ~~
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 BUILDINGS IN REAR 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 3 of Table 7-6 of the current zoning
ordinance allows some building space (e.g., accessory buildings,
garage space) to "project" into a rear yard. This proposal would
revise Note 3 to provide that certain openings may be "translucent
(but not transparent)." It would also eliminate a reference to
"skylights. "
The principal purpose is to clarify Note 3.
proceedings After preliminary Report. Pursuant to public
notices, the Zoning & Planning Commission and the City Council held
a joint public hearing on February 25, 2 008. 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
nayen i no II noes II i Conunissioners Clark and Yehle absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS
By:
~
For the Commission
Amendment relating to
buildings in rear yard
(Table 7-6)
12-13-2007
Amend Note 3 of Table 7-6 as follows:
Note 3. Buildings In Rear Yard or SF Bufferyard. A building may be located in a rear yard or SF
Bufferyard if it meets all of the following criteria: (a) No part of it the building
may be closer than five feet to the rear property line (or to any SF District, if in a
SF Bufferyard). (b) Within ten feet of another building site in an SF District
(whether on the side, rear or otherwise), it may have no window, door or other
opening above the ground floor (and facing the property line of the other building
site), except for opaque translucent (but not transparent), non-operable openings
or skylights. (c) Space in any projecting building may only be used for single-
family (detached) use. (d) A principal building may not project unless the ground
floor of the projecting part is at least 51 % garage space, and there is no more than
600 square feet of building space, other than garage space, in the projecting part.
See garage restrictions in Article 10.
NOTICE OF ENACTMENT OF ORDINANCE
Tli~ following is the cnpliun and p~n[jlt~ clause ~f 1lll, ordimll1ce filially pJs:;td ,nn~ ~p.
proved by the City Council orthe City otWest Umvers,l!Y Place, Tcxa$, 10 rc~uln~ 5.e~SI?n
on Monday, April 28, 2U08. This ordinance takes eftcct on the tenth day following I!s
publication.
HOUST
COMMI.
NEWSP
AFFIDAVIT OF PU
STATE Of TEXAS
COUNTY OF HARRIS
Personally appeared before the undersigned, a N
County and State. Anaela Holman
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
said newspapers in its issue(s) of the
JLI
day of ~
day of
OJ
aay or I \I \( J\. \/ ,2008.
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LESLIE A. SYRING
Notary Public, State of :exas
My CommissIon ExpIres
February 02, 2011