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HomeMy WebLinkAboutOrd 1572 - zoning; garden style single family use _,v ORDINANCE NO. 1572 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO PROVIDE FOR GARDEN-STYLE SINGLE-FAMILY USE IN THE BELLAIRE BOULEVARD TOWNHOUSE P.D.D. (pDD- THl DISTRICT); PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning andPlanning 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. 1491, adopted December 19, 1994 ("Zoning Ordinance"), which report is attached as Exhibit A and ~ade 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 ajoint 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, 1800 Unive,rsity Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:10 p.m. on January 12 .' 19-2.8 The hearing may be recessed and continued to the City Councilmeeting~ttobeginat 7:10 p.m. on 'Januarv 26 , 19-9.8 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. ~ection 4. The City Council shall giye 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 sl1aUbe published in the City's official newspaper at least once on or before the fifteenth day preceding the date of the hearing. In addition, the notice shall be: (i) posted at five public places in the City, oneof-which,must be the place used for posting notices of City Council meetings and (ii) mailed to each City water utility customer with a service address located within the affected zoning district or within 300 feet from the boundary of the district. The notices shall be posted and mailed 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 saye money and also provide better information about the full scope of possible amendments to all interested persons. "'-~"'~'~~""''"~~r~~~''i'-'~'~I~-~"rl'----'---r'''------"-',,--.,",,, "if' I -nrrrr----- --lInn'IW"TIlnmmf : 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. PASSED AND APPROVED on first reading, this ~,p/day of "tJ6-t!.,,,~ , 191:.7 Voting Aye: Voting Nay: Absent: Mayor ATTEST: (Seal) ~~- R~ City Attorney . ::=:=--'-P~=~~-:-""'!I-_k___^~_-_._~--lf"' or ,..., CL_ Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 \1)e~? , 19 17 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") to allow garden-style single-family use in the Bellaire Boulev~rd Townhouse District ("PDD-TH1 District") . 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. ScoDe of ProDosal. The proposal is to amend Schedule PDD-THl of the zoning ordinance as indicated in the attachment to this report. Attached townhouses are already allowed in this district. The amendment would allow a new garden-style, single-family use. Basic townhouse regulations would apply, but there could only be one house per lot, the houses could not be attached, and each lot would have to be platted for separate, "fee simple" ownership. This would produce a less-intensive land use than townhouses, more akin to conventional, single-family use. However, the lots could be townhouse size, smaller than in the conventional single-family districts. Also, many of the single-family district regulations would not apply (examples: garage rules, framed area restrictions) . Under the proposal, garden-style, single family use would only be allowed in replatted areas large enough to be designed and replatted as coordinated, integrated developments. There would be specific requirements for replats, to protect nearby neighborhoods, insure emergency access, etc. A cross-reference should be added to the City's subdivision ordinance to incorporate the new platting regulations. Preliminary Recommendation. Based on the limited review given _ __~_____.. '--l.:-'~.'--~""."~""""T--=-"'~""!C=:--:.--_._~~------~-"'-r'''"''''o_--''o''''=''-=-_-c=-=-_c,,"_''_~_'~~-.:J. "'-[J~I~III~~~:~1 [rlm.'-: 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. all voted ~Aye", with Commissioners M1\I'6 Voting ~No". Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: .. ~I~ For the eo ission. -r---------'~~--r~'"L--]'----.---'----.-.-_r--~----'----' u,_" , --'1['] ~_ . i-:~Trr '![[I[ 1Ii:"n:[llImr~ SCHEDULE PDD- THl BELLAIRE BOULEVARD TOWNHOUSE P.D.D. ("PDD- THl DISTRICT") (a) Generally. (1) This schedule applies only to the PDD-THl district. The purpose of this district is to maintain and protect one of the City's planned single-family, attached-building residential areas and to provide necessary regulations for buffering of adjacent areas with less-intensive land uses. (2) All of the plovisiol1s of this oldinanceshall apply to this distIict as ifit wele part of the TII distl iet, except thm: the additional pI 0 visions set out in this schedule shall also apply to this district. In case of any conflict or inconsistency between any provision in this schedule and any other provision of this ordinance, the provision in this schedule shall control. (3) Onlv tMfoUowing 1Jse~ are aUow~d in thePDD- THl Di~trictr and eacQ JIS~ i~ allowed only when there is compliance with the regglations indicate~ llefoWr 8JW re~trictinp~ impQ~edl:ly olat and other re~lations imposeq 1;>}' this ordinance' ~. Conventional single-family (detached) o-arden-!:;tyle single-family (detached). Allowed onlv in certain revlatted - areas. See (aJ(4). below. Single-family (attached) . Indicate~l Regy.lations Application SF_3 Districtregulati<;>ns. The regulations are applied a~ if the building site were in the SF-3 District. TH District regulations. except: The base (i) Only single-family (detached) use is allowed. and regulations are dwelling units shall not be attached. applied as if (il) Access to each-site may be by private street or the building public street. as may be prescribed by the replat. site were in the Wi) There must be at least three parking spaces per TH District dw~lling \lnit, at least one of which is available for and not in the guest parking. Parking~aces may be located in SF-3 District. common areas for shared use. (iv) Oneinterior side yard per building site may be reduced to zerp width, if there is an adjacent maintenance easement-platted and restricted as open . IDM:... (v) The minimum rear yard depth islO feet (but this does not allow reduction of any SF Bufferyard). TH District regulations. plus the additional The base regulations set out in (b) and (c) of this schedule. regulations are applied as if Note: (b) and. (c) of this schedule only apply in the the building case of single-family (attached) use. site were in the TH District. . -~-_.. r~"'''~O~T~~I"'''~r''1~-r~~-'''''''~'~ ..,.... ..' ~ 11'] i ...iITIJ- , Inllli 1iI,,]lJllrmr I ~wner ofa buildil1~ shein this distdct may elect to be gOvelned b~ all of the le~ula:tiun~ applicable to sin~le-famih (detached) use, as if the buildin~ site wele' in theSF-J Distlict and in lieu of the IegulationsotheI wise applicable to the building site. If such election is made ina foun PI esclibed by the buildin~ oftkiaLalld if all the Sl' -3 I e~ulations aJ e complied with, sin~le-famil:v (detac.hed) use is allowed in this district. (4) Garden-style. single-familv (detached) use is only allowed in an area that is replatted and meets all of the following criteria: (A) Minimum Area, The area must be contiQUous and include either:(i) one acre or more. or (m thr~eor more s~parate subdivided lots (before being replatt~d) au Buildin'(Site Boundaries. The replat must specifically designate the front street line and otherlot lines of each building site. These apply in lieu of the general definition~ in this ordinance. (C) Fee Simple (Sites. Each building site must be pl~tted for separate fee-~imple ownershio. with ohlv one dwelling unit per site. .a;u Access. Parkin!!. Environmental Issues. Vehicular access. streets (oublic and privat~. easements. curb cuts. parkin~ spaces open areas and pervion~ area~ mll~t be identified and restricted by the reJ;)lat so that, in the jJldgment of:the Z~p~. (J) any impact<;m adiacent neighborhoods is minimized. Oi) emergenliY an4 ntility access are ad~quate and(iiD environmental effects (inchiding runoff: -tree ilJlpacts ety.) are mitillated. Tht(Teolat may require such areas to be larger thaQ otherwise reauired bv this ordinance !El Maintenance. Etc. The reolat must orescribe (or incoroorate) oermanent provisions for access to and maintenance of private streets easements common area~ and common facilities. all ina form and manner satisfactOlYto the Z&P~ (E). Incorvoration of Restrictions. The replat must specificaIIyincOI:porate thi~ ~chedllle and the indicatedre~lations. and the replat must state th~t. (D all restrictipns ij.)ld conditions on thereolatshall run with theland as real property restrictions and (ii) they shall beindependently enforceabl~ by any persQn or~ntity having an int~re~tin prop~rty included in thereplat (which may in,yludethe Cit}() and hy any homeowner's.association that may he created Any.~ll~h enfor~ement hy thE'! ~ity is an additional. alternative remedv for the Citv. (h) Additional site criteria. (1) Parking areas. There must be motor vehicle parking area which complies with Article 10 of this ordinance, except that the minimum number of parking spaces per dwelling unit shall be three where one space per dwelling unit is available as guest parking. Parking shall not be permitted above ground level. (2) Additional access provisions. (i) If a building site abuts both Bellaire Boulevard and another street, then all vehicular access shall be from the other street, and no more than two curb cuts shall be allowed. However, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Addition, if Lot 6 is included in the same building site or in a joint development with the other lots, vehicular access shall be limited to one curb cut on Mercer Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to two curb cuts. (iii) The design of all access driveways and other pathways must be coordinated with adjacent properties so as to allow a coordinated and integrated circulation system with the adjoining properties. (iv) Residents of adjacent building sites in the same district shall be granted rights of ingress and egress :"-_'_._~~--:~~.,.....--.,- '.:"-__.-:'__..--':_..---'I"-'-'-:"'~=c_TC' 'Lr_'I'-."_''-''-_-7_'TF~'=R'~__''.____lI'"'''' over the entire circulation system. (v) Each driveway must be at least twenty feet wide. (vi) Cul-de-sac driveways may not exceed fifty feet in length if a terminus is not provided, or 200' feet in length if a terminus is provided. Termini must have adequate dimensions to allow turning. (3) Additional setbackregulations{living space). No living space shall be permitted within the distances from property lines indicated below: Condition Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line Blank building wall or wall with solid- core, one-hour rated doors separates living space from property line. 10 5 5 20 Other building wall separates -living space. from property line, and: Six-foot or taller fence or wall stands between building and property line: 12 10 10 20 There is no such fence or wall: 15 12 10 20 Exception: Liying space may project iIlto front setback areas if the space is: (a) all higher than eight feet and (b) completely suspended from the remainder of the building by a cantilever or similar structure. See, also, Table 7-2, entitled "Yards (or 'Setbacks')", which allows certain cantilevered building parts to project into front yards. (c) Additional building criteria. (1) Dwelling unit size. Each dwelling unit must contain at least 1,600 square feet of gross floor area and shall be at least sixteen feet inwidth (measured to include outside walls and one- half of any common walls). (2) Spacing of dwelling units. Except where dwelling units are separated by common walls, the minimum distance between dwelling units shall be as follows: (i) No part of any dwelling unit m(l.y be closer than five feet to another dwelling unit. (ii) No window may be closer than fifty feet to a facing window to living space in another dwelling unit. (iii) Neither eaves nor balconies may be closer than forty feet to a facing window to living space in another dwelling unit. (iv}Neither windows to living space nor balconies may be closer than twenty feet to any facing wall of another dwelling unit. (3) Courtyard Notwithstanding any other provision of this ordinance, there may be an enclosed ,--'-~----~---'-'-'r~~ccccc-,-.~r--"-"-rl---~-.-.---.--r----'.'" ,cc ----11'1 -;-'-Tllr-'- -InlffiIW11'111f1ffi'I courtyard formed by a masonry fence or wall along the property lines in front of the dwelling units, the fence or wall being no more than seven feet high in front of the dwelling units and not more than eight feet high on the sides and the rear. '--------~-.r-..'...-<<-.-r~"I~~r"T'--_r'~~-<'--~.O--______u.l , T"iiTn----------------- ----CllllilrIW"WHlrmri- 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 joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on , 19_. Each hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on . , 19_, at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City's Zoning Ordinance and subdivision ordinance, as follows: (1) An amendment to allow "garden-style" single-family use in the Bellaire Boulevard Townhouse P.D.D. (pDD-THl District), but only in areas planned and replatted under specific rules. Basic townhouse regulations from the TH District would apply, except: (i) dwelling units could not be attached, (ii) private streets could be used, (iii) three-parking spaces per dwelling unit would be required, with one being available for guest parking, and parking spaces could be located in common areas for shared use~ (iv) one interior side yard per building site could be reduced to zero width, if there were an adjacent maintenance easement platted and restricted as open area, and (iv) the minimum rear yard depth would be 10 feet (but the required SF Bufferyard adjacent to any single-family district would remain at 20 feet). The replatting rules would require "fee-simple" building sites (with only one dwelling unit per site) and numerous site plan details, and they would require that the replat incorporate restrictions and maintenance provisions. A cross- reference would be added to the City's subdivision ordinance (Chapter 20 of the Code of Ordinances) to incorporate the new re I . An amen ment to allow "garden-style" sin -family use in the Weslayan Townhouse P.D.D. (pDD- TH4 District), but only in areas planne and replatted under specific rules. The regulations would be essentially the same as described abov for the Bellaire Boulevard Townhouse P.D.D. (3) An amendment to extend the "sunset" provisions certain prior non-conforming uses from ten years to twenty years, The amendment would only a ect existing non-confomring uses which acquired prior non-conforming status in 1987, or earlie. See Section 12-103(i) of the Zoning Ordinance. The affected uses would be: (i) use of a buildi site in an SF District for business activities, (ii) presence of more dwelling units than allowed in SF District, (iii) use of a building . ore han one famil . in an SF i . Additional details on the proposals as well as the Zoning Ordinance and subdivision ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the affected districts and the City, and any person interested in such matters should attend the hearings. Each proposal may be adopted only after notice and hearing, and it would control over any inconsistent provision in the current Zoning Ordinance or subdivision ordinance. - [01\-e..- ~I t~GVJI ~W<1lL ~ io tvL. S:~tVVV<- ~ -. -. r - -,,~ ~,__"'H'I --------- --,.--" -111 T--m . nnll1llmn 1l1Tlnr'