HomeMy WebLinkAboutORD 1933 Calling a Joint Public Hearing for PNC and Parking RequirementsCity of West University Place
Harris County, Texas
Ordinance No. 1933
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO
AMEND THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING LOSS OF PRIOR
NONCONFORMING STATUS FOR CHANGES IN COMMERCIAL USES AND
CHANGES IN MINIMUM PARKING REQUIREMENTS FOR CERTAIN FOOD
SERVICE ESTABLISHMENTS; 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 preliminary report also proposes amendments to the Code of
Ordinances of the City; 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
January 10. 2010. The hearing may be recessed and continued from time to time. The City
Manager may reschedule the date and time, or both, to accommodate other pending matters,
but the rescheduled date and time may not be later than 30 days past the date 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 S. 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, AP O D, AD01379 AND SIGNED on October 25. 2010.
~C- L11
Attest/Seal: C-ILL ( J~ Signed:
Secretary Mayor /C 40,
Recommended:
City Manage
Approved as to legal form:
ity Attorney '
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
October 14, 2010
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 and Code of Ordinances of the
City of West University Place, Texas ("City")
relating to LOSS OF PRIOR NONCONFORMING (PNC)
STATUS FOR A CHANGE IN USE; AND PARKING
REGULATIONS FOR FOOD SERVICE ESTABLISHMENTS.
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission of the City submits this
preliminary report on the subject proposal, for the assistance
of the Council as well as other interested persons.
Scope of Proposal. The purpose of this proposal is 1) to
improve the description of commercial districts by refining how
the "uses" permitted within the zoning district are defined 2)
take steps to "sunset" Prior Nonconforming (PNC) status when
there is a change in nonconforming commercial use, and 3) change
the number of minimum required parking spaces for certain food
service establishments.
1). This proposal amends Section 2 of the Zoning Ordinance to
establish a new definition for "Commercial District" in order to
help create a distinction between the "uses" contained within a
zoning "district" and the "district" itself.
2). The main purpose of this proposal is to establish
regulations by which a loss of PNC status occurs when there is a
change in a nonconforming commercial "use".
3). This proposal equalizes the existing requirement for
additional parking spaces for food service establishments
operating within a shopping center versus food service
establishments operating from a single business structure. A
second part of the proposal classifies carryout food service use
with retail use for the purpose of establishing minimum parking
space requirements.
In response to City Council's request to study these
issues, the Zoning and Planning Commission developed this
proposal as a preliminary measure to enhance enforcement of the
ordinance provisions. The Zoning and Planning Commission notes
that these provisions will likely not resolve the issues facing
the owners of properties with commercial uses in non-commercial
zoning districts. The Zoning and Planning Commission urges City
Council to provide for a comprehensive review of the commercial
zoning provisions in the near future. Such a review should
address the creation of improved commercial definitions in the
Zoning Ordinance. The use of those new definitions should help
establish or confirm appropriate zoning districts for commercial
uses.
Recommendation. Based on the review given this proposal,
the Commission: (i) finds that the proposal, if adopted, 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: Steve Brown, Bob Higley, DeDe DeStefano, Lauren
Griffith and Sam Parikh voted "aye"; No "noes"; Bruce Frankel
and Dick Yehle absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
~
By: ~ For the Commission
Zonine Ordinance Amendment Proposal
9-9-10 (Revised 10-1410)
Amend Section 2, Definitions, as follows:
Commercial (0 District. _Includes all areas formerly
designated_as "C" District and all portions of a Planned Development District_LMN) esi mated
primarily for commercial uses,
Commercial Uses, light. Any-land Commercial District use, other than except an
auto-intensive
use or one of the other medium commercial uses composed-4one-or more-k'4 the feflow-ing uses
Examples of light commercial use include but are not limited to: offices for ordinary business or
professional activities use, stores for the sale at retail of goods or services use, restaurant use,
bank and savings-af:a'-°° °t°'-11s.h m-e,n' financial services use.
Commercial Usesg medium. Any land-Commercial District use composed of one or more of the
following uses: auto-intensive uses, night assembly uses, theaters use, bars use, clubs use
physical fitness facilities or health care facilities use. Any use which is partially a light
commercial use and partially a medium commercial use shall be deemed to be a medium
commercial use for all purposes.
Amend Section 12-100 as follows:
Section 12-100. Purpose.
The purpose of this article is to establish rules to allow prior non-conformities ("PNCs") to continue (with
certain exceptions) until they are removed or terminated, but not to encourage their survival. It is also the
purpose of this article to prevent the enlargement, expansion or extension of PNCs, limit the degree of
nonconformity of PNCs, gad kin¢ about the eventual elimination of PNCs. Aenr
Add new subsection (j) to Section 12-103 as follows:
Section 12-103. Losing PNC Status.
(a) New principal building. If, after the 1987 effective date, a new principal building is
constructed on a building site, PNC status is lost for all PNC items relating to the building site.
Exceptions: (i) this does not apply to those principal buildings treated the same as structures
constructed prior to a given effective date (see above); (ii) PNC status with respect to a building
site dimension is not lost.
(b) Conformance is achieved,' discontinuation. If a PNC item is changed to conform to this
ordinance for an indefinite period or for 180 days or more, PNC status is lost for that item. If a
use of property is discontinued for 180 days or more (exclusive of time when actual construction
work prevents the use), the use loses PNC status.
(c) Loss to casualty, etc. If 51% or more of the replacement cost of a structure is lost to
casualty, eminent domain, involuntary demolition or other similar cause, the structure loses PNC
status. Exception: This does not apply to a building used for SFR purposes, except as to non-
compliance with framed area regulations (i.e., in case of such a 51% or greater loss, PNC status
for non-compliance with framed area regulations is lost). For this purpose, "replacement cost" is
determined by standard cost levels for similar structures as most recently published by the
International Code Council or similar agency. See, e.g., the ICC internet publication of "Building
Valuation Data," which provides average construction costs per square foot, by type of
construction and occupancy group, with factors to modify those costs for the Houston area. The
ZBA may issue a special exception to allow such a structure to be rebuilt and retain PNC status,
if the ZBA finds: (i) rebuilding is necessary to avoid substantial economic waste and economic
hardship, and (ii) there will be no substantial adverse effects of the rebuilt structure.
(d) Violation of special conditions. If a PNC item was specially authorized by a zoning
ordinance of the City or by a special exception, variance, permit or other authorization, and if the
terms or conditions of the authorization are violated, the item loses PNC status.
(e) Degree of nonconformity increased. A PNC item loses PNC status to the extent that the
degree of nonconformity is increased (or to the extent that the non-conforming area is
expanded).
Exceptions:
(1) This provision does not apply to the initial work on those structures treated the same as
structures in existence on a given effective date pursuant to the provisions of this Article (i.e.,
"work under construction" and 'other committed work").
(2) If a principal building in a SF District acquired PNC status on an effective date because of a
non-conformity with a new side setback or side yard requirement on one side of the building site,
the building does not lose its PNC status with respect to that specific nonconformity (on that
same side of the building site) if the nonconformity is expanded or increased as a result of a
remodeling project and the gross floor area of the principal building has not increased to 200
percent or more of its gross floor area on the given effective date. A principal building so
remodeled has the same PNC status as the original building with respect to the side setback or
yard requirement on the same side of the building site where the original nonconformity was
located, but this does not apply to any new nonconformity (on the other side or elsewhere).
(3) If the PNC item is a shortage in off-street parking spaces serving a building, PNC status is
not lost by a change in the building if the increase in the number of required spaces resulting
from the change is provided, on an incremental basis.
(f) Garages. If the PNC item is non-compliance with garage regulations, PNC status is lost if
(i) an existing garage is removed, destroyed or converted to a non-garage use, or (ii) space is
added to the principal building so that its gross floor area is increased to 200 percent or more of
its gross floor area on the 1987 effective date.
(g) Driveways. If the PNC item is noncompliance with driveway regulations in an SF district,
PNC status is lost if
(1) A new driveway is constructed;
(2) An existing driveway is either replaced or expanded, or
(3) Space is added to the principal building so that its gross floor area is increased to 200
percent or more of its gross floor area on the 1987 effective date.
This subsection does not apply to noncompliance with minimum dimensions for a driveway (or
maneuvering area) on a site with SFD use only.
(h) Building site dimensions. If the PNC item is non-compliance with one or more of the
required minimum dimensions of building sites (Example: minimum dimensions of 75 by 105
feet in the SF-2 District), PNC status is not lost as to any dimension unless it is brought into
compliance. Any such non-compliant building sites may be improved by any construction,
reconstruction, expansion or other project otherwise lawful.
(i) Passage of Time. The following PNC items lose PNC status upon the expiration of the time
periods indicated:
TABLE INSET:
PNC Item
Time Period
Special Conditions
Use of a building site in an SF District
Ten years from
the 1987
for business activities
effective date
Ten years from
PNC status for space which
Presence of more dwelling units than
the 1987
qualifies as conforming
allowed in an SF District.
effective date
accessory quarters is not
necessarily lost.
Use of a building site by more than one
Ten years from
family in violation of SF District use
the 1987
regulations
effective date
Time period
Outdoor lighting in violation of Article 8
ending on
August 31, 2004
160 months
Lack of special screens in violation of
following the
Article 8 (waste storage or loading)
1987 effective
date
Ten years
Non-compliance with pervious area
following the
requirement in the C District.
1987 effective
date
Non-conformance with building
Time period
regulations by a canopy or similar object
ending on
designed or used to shelter a motor
October 1, 2008
vehicle, a boat or similarly-sized items.
_Cl) Charr a rri t s _A nonconforming commercial use loses PNC status if changed to anv other
commercial use
Amend Section 10-100 as follows:
Section 10-100. Off-Street Parking.
There must be off-street parking spaces for each occupied building space within the City, as set
out below, and subject to the other provisions of this ordinance:
TABLE INSET:
Use of
type of
Minimum number of parking spaces
space
The number of garage parking spaces required by Article 7 plus one additional
SFD use
space located between the required garage spaces(s) and the public roadway.
.
The additional space may be on the building site or in the adjacent street area
(or partly in each), but may not encroach upon any part of a public sidewalk
(existing or proposed) or the roadway.
TABLE INSET:
Use of type of space
Minimum number of parking
spaces
2.5 (3.0 in PDD-TH1, PDD-TH2
Other residential space
and PDD-TH5) per DU. See Note
1.
Community center, library, school, place of worship,
museum or similar institution, which may include mixed
10.0 plus 3.33 per 1,000 square
uses and types of space served by common parking
feet of gross floor area in excess
spaces (including auditoria and any high-density
of 2,000 square feet.
occupancy spaces that are part of the institution)
Greater of 1.5 per bed or 1.5 per
Health care facility space (not including offices)
employee on the maximum work
shift.
Theater or auditorium space or space with any high-
Greater of (i) 1.0 for each four
seats; or (ii) 1.5 per 1,000 square
density occupancy (except as included in community
feet of gross floor area, plus 1.0
center, library, school, place of worship, museum or
for each employee on the
similar institution)
maximum shift.
Office space used to provide medical services
6.0 per 1,000 square feet of gross
floor area.
Other office space
4.0 per 1,000 square feet of gross
floor area.
Physical fitness facility space
10.0 per 1,000 feet of gross floor
area.
Studio and gallery space, bank and financial services
Greater of (i) 5.0 per 1,000
square feet of gross floor area; or
space (except space used for auto-intensive uses)
(ii) 3.0 per commercial unit.
Space with auto-intensive uses
10.0 per 1,000 square feet of
gross floor area.
Retail space used for rental of personal property (except
10.0 per 1,000 square feet of
space used for auto-intensive uses)
gross floor area.
Food Service space with indoor or outdoor seating such
Greater of. (i) 1.0 for each three
as dine-in, restaurant space, club, cafe and similar
seats for the general public, or (ii)
recreation or amusement space (except space used for
10.0 per 1,000 square feet of
auto-intensive uses)
gross floor area.
Grocery store space, including neighborhood
5.0 per 1,000 square feet of gross
convenience store space
floor area.,
Other retail and personal service space, including
5.0 per 1000 square feet of gross
carryout food service space with no. indoor or outdoor
floor area.
seating
1.0 for each three employees on
Utility service space, research or testing laboratory
the maximum working shift, plus
space, laboratories, warehouses
1.0 space for each truck or
vehicle used in connection
therewith.
4.0 per 1,000 square feet of gross
floor area, plus spaces required
Shopping centers
for office, theater, auditorium and
food service space. See Note 2.
10.0 per 1,000 square feet of gross
All other types of space and uses
floor area used or occupied by
people.
Note 1. Guest spaces. There must be guest parking spaces marked and kept always available for
common use, not reserved for specific persons or classes of persons. Minimum number of guest
spaces: 0.5 per DU (1.0 per DU in PDD-TTl, PDD-TH2 and PDD-TH5), rounded up. See Table
7-1, Note 7 regarding parking for "garden style use" in PDD-TH4. See Articles 7 and 10
regarding grouping and other requirements.
Note 2. A& ittonal spaces for shopping centers: (a) If office space exceeds 10% of the gross floor
area of the center, add 3.0 spaces per 1,000 square feet of office space in excess of 10%. (b) If a
theater or auditorium occupies 10% or less of the gross floor area of the center, add 3.0 spaces
for each 100 seats in the theater or auditorium. (c) If a theater or auditorium occupies more than
101/6 of the center's gross floor area, the seats are apportioned on a square-foot basis, so that one
portion corresponds to 10% of the gross floor area and the other portion corresponds to space in
excess of 10%; for the 10% portion, add 3.0 spaces for each 100 seats, and for the portion in
excess of 10%, add 25.0 spaces for each 100 seats. (d) If there is any dine-in food service space
with indoor or outdoor seatin„ add 3 .0 6,0 spaces per 1,000 square feet of gross floor area of
food service.
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 from time to time without further published
notice.
The purpose for the hearing, 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 Code of Ordinances), as
follows:
Scope of Proposal. The purpose of this proposal is 1) to improve the
description of commercial districts by refining how the "uses"
permitted within the zoning district are defined 2) take steps to
"sunset" Prior Nonconforming (PNC) status when there is a change in
nonconforming commercial use, and 3) change the number of minimum
required parking spaces for certain food service establishments.
1). This proposal amends Section 2 of the Zoning ordinance to
establish a new definition for "Commercial District" in order to help
create a distinction between the "uses" contained within a zoning
"district" and the "district" itself.
2). The main purpose of this proposal is to establish regulations by
which a loss of PNC status occurs when there is a change in a
nonconforming commercial "use".
3). This proposal equalizes the existing requirement for additional
parking spaces for food service establishments operating within a
shopping center versus food service establishments operating from a
single business structure. A second part of the proposal classifies
carryout food service use with retail use for the purpose of
establishing minimum parking space requirements.
Additional details on the proposals as well as the Zoning
Ordinance and Code of Ordinances are all available for public
inspection in the Municipal Building, 3800 University Boulevard,
Houston, Texas 77005. The proposed changes to the Zoning Ordinance
and Code of Ordinances would apply generally within the City, and any
person interested in such matters should attend the hearings. The
proposals may be adopted only after notice and hearing and would
control over anything inconsistent in the current Zoning ordinance or
Code of Ordinances.
Date: /s/City Secretary