Loading...
HomeMy WebLinkAboutORD 1888 Calling Joint Public Hearing for Driveway StubsCity of West University Place Harris County, Texas Ordinance No. 1888 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DRIVEWAY STUBS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER 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 re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance 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: 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. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on March 23, 2009. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April 13, 2009 at the same place, unless rescheduled. The City Manager may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. 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 (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. 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. 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. 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 confirms 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. e~ ~tST U , APPROV , A OPTED D SIGNED on y , 206. w v es I: J Signed: -ICify Secretary Mayor R6e6m a ded~ City Manag r Pre ared: James L. Dougherty, Jr. Approved as to legal for City Attorney forms/ORD 54 o calling zoning hearing 7-06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 February 12, 2009 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to DRIVEWAY STUBS 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. For more than 20 years, the zoning ordinance has limited pavement in front yards (and other areas not behind a house or fence), in the City's single-family districts. The general rule is that "all parking areas and maneuvering areas (including dead-end or stub driveways) must be behind the principal building or surrounded by opaque fences or walls at least six feet tall in height, and all such areas are prohibited in front yards." A 2003 amendment made an exception to allow some "maneuvering areas," but only for houses on "major thoroughfares" (Kirby, Bellaire or Bissonnet). The 2003 exception makes it possible for vehicles to turn around and enter a major thoroughfare headfirst. Buffalo Speedway is not a "major thoroughfare." In the past year, the Zoning Board of Adjustment has heard at least two cases involving access to Buffalo Speedway. The most recent case included a variance request to allow a paved turnaround area to be built in the front yard. The ZBA deferred action on the request, reasoning that: (i) there are about 52 building sites abutting Buffalo Speedway that have the same access problem, so (ii) if action is warranted, it would be better to amend the ordinance to address all the sites at once. The ZBA asked this Commission to consider such an amendment. The Commission has considered the request from the ZBA and has formulated a proposal. It would amend the existing "maneuvering area" exception to allow some driveway stubs that are not located behind a principal building or fence. The amended exception would: (1) apply only to sites that are "accessible only from a roadway marked for four lanes or more" (this would include the major thoroughfares plus Buffalo Speedway); (2) limit the design, size and location of stubs (location must be on the building site and not closer than two feet to a property line or public sidewalk); (3) require use of pervious pavement "with a minimum pervious area of 50% planted to resemble a lawn;" and (4) allow stubs in front yards "only to the extent that existing structures or obstructions make another location impractical." The exact wording of the proposal is attached. The Commission believes that this proposal would improve traffic safety and help protect the character of front yards in single- family neighborhoods. 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 proposal, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the proposal, (ii) 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. The Vote. The vote on approval of this report was as follows: Commissioners Brown, Clark, Elkowitz, Frankel, McManus, Yehle voted "aye;" no "noes;" None absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By. For the Commission Amendment to allow driveway stubs on some sites 1-7-2009 Amend subsection (b) of Section 10-103 as follows: (b) Yards and Street Areas. In an SF District, all parking areas and maneuvering areas (including dead-end or stub driveways) must be behind the principal building or surrounded by opaque fences or walls at least six feet tall in height, and all such areas are prohibited in front yards. Exception: building site ef adjaeent street area, to Hhe e*teat Feasenably neeessar-y to going fefwar-d On a building site accessible only from a roadway marked for four lanes or more, there may be a driveway stub, if it meets all the following criteria: (i) the stub must be designed to allow vehicles on a driveway to turn around and enter the roadway headfirst, (ii) the width of the stub may not exceed nine feet (plus up to two feet on each side for aprons); (iii) the length of the stub, when added to the width of the driveway, may not exceed 24 feet (but if the site width is 60 feet or more, the length of the stub may be up to 18 feet, in addition to the actual width of the drivewa (iv) the stub must be pervious pavement, with a minimum pervious area of 50% planted to resemble a lawn; (v) aprons may not be larger than two feet in any dimension; (vi) no part of the stub or its aprons may be closer than two feet to any property line or public sidewalk; and (vii) the stub may be located in the front yard only to the extent that existing structures or obstructions make another location impractical. In a non-SF District, no required parking space may be: (i) closer than 10 feet to a street area, except an alley, or (ii) farther than 500 feet (driving distance) from a street area. Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold a joint public hearing in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose 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, as follows: Driveway Stubs. This proposal would amend the existing "maneuvering area" exception in Section 10-103(b) to allow some driveway stubs that are not located behind a principal building or fence. The amended exception would: (1) apply only to sites that are "accessible only from a roadway marked for four lanes or more" (this would include the major thoroughfares plus Buffalo Speedway); (2) limit the design, size and location of stubs (location must be on the building site and not closer than two feet to a property line or public sidewalk); (3) require use of pervious pavement "with a minimum pervious area of 50% planted to resemble a lawn;" and (4) allow stubs in front yards "only to the extent that existing structures or obstructions make another location impractical." 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 changes to the Zoning Ordinance would apply generally 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 would control over anything inconsistent in the current Zoning Ordinance. Date: /s/City Secretary