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HomeMy WebLinkAbout04092009 ZPC Agenda Item 3 City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DRIVEWAY STUBS; 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 as well as the City's Comprehensive Plan, and the City Council formally approves and adopts the report of the Z&PC; 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 , Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: CONSIDERED, PASSED AND APPROVED on second reading, AND SIGNED, on ouncilmembers Voting Aye: C Councilmembers Voting No: Councilmembers Absent: Attest: Signed: City Secretary (Seal) Mayor Recommended: City Manager Prepared by: James L. Dougherty, Jr. Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 March 23, 2009 Honorable Mayor & Members of the City Council City of West University Place 3808 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 DRIVEWAY STUBS 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. 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. At the public hearing held earlier this evening, several speakers appeared and supported this proposal. The Commission has recommended no changes. 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. The Vote. The vote on approval of this report was as follows: Commissioners Brown, Clark, Elkowitz, Frankel, McManus,and 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 heigm, and all such areas are prohibited in front yards. Exception: building site of adjaeeat street area, te the e*tet4 reasonably neeessaFy to provide a tttffiafeufld allowing vehieles to leave and enter- the roadway going fer-w 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.