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HomeMy WebLinkAboutORD 1998 Calling Joint Public Hearing to Hear Proposal to Amend the Zoning OrdinanceCity of West University Place Hands County, Texas Ordinance No. 1998 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 BY CHANGING THE ZONING DISTRICT FOR CERTAIN TRACTS OF LAND LOCATED NORTH OF UNIVERSITY BOULEVARD, EAST OF EDLOE STREET, SOUTH OF RICE BOULEVARD AND WEST OF POOR FARM DITCH FROM COMMERCIAL DISTRICT ( "C ") TO TOWN CENTER COMMERCIAL DISTRICT (TCC ") ;AMENDING THE LIMIT OF THE EXISTING COMMERCIAL DISTRICT AT SISSONNET STREET AND KIRBY DRIVE BY EXTENDING THE SOUTHERN BOUNDARY TO THE RIGHT OF WAY LINE OF PLUMB STREET; MODIFYING THE ZONING REGULATIONS BY ADDING PROVISIONS REGARDING THE TCC, GENERAL COMMERCIAL AND PDD -TH2 ZONING DISTRICTS; 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 zoning ordinance of the City, as last reformatted and readopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ( "Zoning Ordinance"); and WHEREAS, the preliminary report also proposes an amendment to the Code of Ordinances of the City including zoning district changes for the 2.35 acres of land located north of University Boulevard, east of Edloe Street, south of Rice Boulevard and west of Poor Farm Dutch, mare fully described as Tracts 15 -H, 15-0,15-K, 15 -5, 15 -13, 15 -G and 17 of Abstract 61 of the A C Reynolds Survey and Reserves A and B of the Matthews Market Replat, of Hands County, Texas; 19,197 square feet located north of the intersection of Plumb Street and Kirby Drive, more fully described as Tract 28, Abstract 61A of the A C Reynolds Survey and Lot 5, Block 5 of Preston Place subdivision, Harris County, Texas; and WHEREAS, the Z &PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ardinance 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 71005 during the City Council meeting set to begin at 6:30 p.m. on February 9 2015. The hearing may be recessed and continued from time fo time. The City Manager may reschedule either data and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later Nan 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 fo be heard in relation to the proposal described in Exhibit A. Ali ordinances and parts of ordinances in conflict with this Ordinance are repeated to the extent of the conflict only. 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 Cilys official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the dale of the hearing. In addition, the notice shall be mailed to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notices may be included within the City Currents newsletter or with utility bills or may be separate. The notices shall be deposited in the United States mail before the ninth day preceding the dale of the hearing, property addressed with postage prepaid. 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 Me City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application Hereof 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 repeated fo the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the sate, hour, place and subject of each meeting at which this entrance 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 meefing 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 that reading and shall become effective immediately upon adoption and signature. Approved as to legal form: iy torney AND SIGNED on ". 20 5 1. Signed: Mayor Exhibit A Zoning 6 Planning Commission City of West University Place, Texas 3900 University Boulevard West University Place, Texas 77005 January 8, 2015 Honorable Mayor 6 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, including the Zoning District Map by changing the zoning district of 2.35 of land located n of University Boulevard, east of Faced Street, south of Rice Boulevard and west of Poor Farm nitch, fully described as Tracts 15 -H, 15 -0, 15 -K,, 15 -S, 15 -P, 15 -G and 17 of Abstract 61 of the A C Reynolds Survey and Reserves A and S of the Matthews Market Replat, of Harris County, Texas s from Commercial District ( "Ca) to Town Center Retail District ( "TCRD 'a); and modifying the limits of the existing commercial district at Bissonnet Street and Kirby rby Drive by extending the southern boundary to the right of way line or Street; and, modifying the zoning regulations by adding provisions regarding the TOO, General Commercial and PDD -TH2 zoning districts. To the Honorable Mayor & Members of City Council: The Zoning 6 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. The purpose of this proposal " to end the Zoning Ordinance and Zoning District Map by changing the ing district designation and eating ing distric c t designation, and modifying the zoning district limits for the tracts of land located as stated above. This proposal materially based on the m endations of report presented to the Zoning and Planning Commission dated December 19, 2014 by the consulting firm of Kendig Pease Collaborative. Reviewing the non-single family (detached) zoning district provisions has been a long term goal of City Council. The city engaged Kendig Keast Collaborative IKKC) in February of 2014 to take the lead in this task. The consulting firm, led by Gary Mitchell of KKC, reviewed the city's current ordinances, zoning map, and procedures. A team isting of staff members, Zoning Planning Commission sons steerino committee held several meetings, including a "driving tour" through the areas included series in the study. A s of meetings with focus groups were held to obtain C _ e feedback regarding issues that were .sidered important while completing the r A preliminary draft was presented to the steering c mmittee and Zoning and Planning Commission and a revised draft presented to the public during two "town hall" meetings in September of 2014. The final draft a presented, including comments obtained from the public, on October 29, 2014. The Zoning and Planning Commission has been working on fine tuning and soliciting public input c then. The proposal includes three major groups of changes as follows: Torn Center Commercial district (TCC) - The key motivator for the recommended changes 1s the fact that all buildings to the proposed TCC district Currently enjoy some . e for of Prior Non- conforming IPNCI status that only be maintained if improvements a made or through application for zoning relief• In the event of catastrophic loss the buildings would lose PNC status, and current code, m ost specifically the parking requirements, would allow only 50% of the existing floor space to be r tructed. This could lead to an economically blighted area. The proposed base district change with accompanying regulations maintains the e % isting commercial u and i applicable to the development of principal buildings and their acces5cry structures. The proposal amends the zoning ordinance regarding the following: 1. Establishes a purpose statement, definition and boundaries for the Town Center Commercial District ( "TCC "). 2. Establishes the allowable uses in the TCC. 3. Establishes regulations for front, side and rear yard (setbacks), open and pervious areas, pedestrian orientation, maximum height of all structures, minimum 1 parking requirements, visual buffering and exterior finishes of structures. 4. Requires the first floor of all structures to be at grade level. 5. Includes an option to obtain a Special Exception from the Zoning Board of Adjustment to rebuild structure substantially as it existed prior to a aster situation, and requiring minimum number of parking spaces as a condition of The special exception. POD -TH2 district - Since the PDD -TH2 c ing designation was assigned to this property along Kirby Drive, there has been very little development or velopment of properties. Two of the properties at the northwest intersection of Plumb Street and Kirby Drive are and have been used a commercial building sites. The purpose of these modifications io to r cognize the fisting uses of property and to e of the restrictions Ingle family (attached) development,, while retaining the intent and purpose of the ordinance by not changing the height and parking regulations. The proposal amends this district as follows: 1. Shifts the southern boundary of the Commercial (C) district south to Plumb Street. 2. Adds a footnote to clarify that the interior Side yard requirement does not apply where w o of new attached Ingle family buildings will be built on abutting lots. 3. Reduces the minimum required fear yard and SF buffer yard, from 20' to l0', given the shallow depth of the properties. 4. Increases the framed for single family e5 food (educes ethe minimum from 100% to 125& 5. from 12 the e required s of garage parking spaces Snlnmm from t2' wide by 25' deep to 10? wide by 20' deep. General Commercial Use Standards - The purpose was to strengthen some o_ --ne general provisions in all commercial 1. Adds a provision for linking hours of operation and commercial deliveries and other outdoor activities with noise and garbage collection regulations. 2. Adds to the C and PDD -C1 districts the same height and screening provisions for new or replacement rooftop mechanical units. 3. Adds a provision to regulate the location of outdoor eating, assembly or other customer service areas when the use abuts a single family district. 4. Clarifies the definition of "Commercial Uses, Light" and adds a new definition for 'Office Use, Light" to reflect the way this term is used in the ordinance. 5. Adjusts me use terminology and parking requirementsthe off - street parking table for clarification and to match other places similar terms are ea. 6. Increases the mini - mum required depth of parking spaces and /or maneuvering space. "/. Adds spoon to townhouses in the Ta and immediately districts their allow residents r add to use exte a mm [sly outside their garages fox additional external parking. 8. Expands ant language prohibiting above —grade parking within current City and prohibits under building parking within the TCC uiatrict. Preliminary Recommendation. Subject to further review following public hearing, the Commission: (I) finds m that sufficient evidence exists to warrant further consideration of the ing change described herein; and (ii) recommends that the City council call a joint public hearing to consider the matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote o approval of this report was follows: Richard Wilson, Lauren Griffith, Michael MCEnany, Connie Clark, Mary Ann Say antl Philip Snyder voted "aye'; there were 0 "noes"; Sam Pariah absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WESI UNIVERSITY PLACE, TEXAS By: ?Zwlmm ca T W For the Commission Exhibit B NOTICE OF PUBLIC tlEARINGS The Zoning 6 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 e to begin at 6:30 PM on February 9, 2015. The hearing may be y sed and continued from time to time. 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) including the Zoning District Map, as follows: Scope of Proposal. The purpose of this proposal is to end the Zoning Ordinance and Zoning District Map by changing the ing district designation and creating zing distric c t design o ation, and modifying the zoning district limits for the - acts of land located as stated store. This proposal is materially based an the endations of report presented to the Zoning and Planning Commission dated December 19, 2014 by the consulting firm of Kendig Feast Collaborative. Reviewing the - ingle family (detached) zoning district provisions has been a long term goal of City Council. The city engaged Manila Kasai Collaborative (KKC) in February of 2014 to take the lead in this task. The consulting firm, led by Gary Mitchell of KKC, reviewed the city's current ordinances, zoning map, and procedures. A team ons isting of staff members, Zoning and Planning Commissione s and a steering committee held several meetings, including a "driving tour" through the areas included in the study. A series of meetings with focus groups were held to obtain community feedback regarding issues that w sift red important while completing the review. and Zoningi nary considered was presented to the steering committee and Zoning and Planning Commission and a revised draft presented to the public during two "Town hall" meetings September of In 2019. The final draft presented, including eats obtained from the public, on was 29, 2019. The Zoning and Planning Commission has been working on fine tuning and soliciting public input c then. The proposal includes three major groups of changes is follows: Town center Co exaial district (TCC) - The key motivator for the recormarded changes is the fact chat all buildings in the proposed TCC district currently ently enjoy some form of Prior Non - Conforming (PNC) status that only be maintained if improvements a made or through application for zoning relief• In the event of catastrophic loss the buildings would lose PNC status, and current code, m ost specifically the parking requirements, would allow only 50% of the existing floor space to be r nstructed. This could lead to an economically blighted area. The proposed base district change with accompanying regulations maintains the e x isting commercial u and i applicable to the development of principal buildings and their accessory structures. The proposal amends the zoning ordinance regarding the fallowing: 1. Establishes a purpose statement, definition and boundaries for the Town Center Commercial District ( "TCC "). 2. Establishes the a - able uses i the TCC. 3. Establishes regulations for front, side and rear yard (setbacks), open and pervious areas, pedestrian orientation, maximum height of all structures, minimum parking requirements, visual buffering and exterior finishes of structures. 4. Requires the first floor of all structures to be at grade level. 5. Includes an option to obtain a Spacial Exception from the Zoning Board of Adjustment to rebuild a structure substantially a s it existed prior to a disaster situation, and requiring umber of parking spaces as a condition of the u special exception. PDD -TH2 district Since the PDD -TH2 zoning designation was signed to this property along Kirby Drive, there bas been very little a velopment or redevelopment of properties. Two of the properties at the orthwest intersection of Plumb Street and Kirby Drive a and have been used as rial building sites. The purpose of these modifications is tor cognize the existing rues of property and to e of the restrictions Ingle family (attached) development, while retaining the intent and purpose of the ordinance by not changing the height and parking regulations. The proposal amends this district as follows: 1. Shifts the southern boundary of the Commercial (C) district south to Plumb Street. 2. Ads a footnote to clarify that the interior side yard requirement does not apply where a raw of new attached single family buildings will be built on abutting lots. 3. Reduces the minimum a required x r yard and SF buffer yard, from 20' to 10', given the shallow depth of the properties. A. Increases the maximum a framed for single family (attached) structures from 100% to 125% 5. Deduces the m required s of garage parking spaces from 12' wide by 25' deep to 10' wide by 20' deep. General Co® excial Use Stmd ds - The purpose was to strengthen some Of the general provisions in all commercial 1. Adds provision for linking hours of operation and commercial deliveries and other outdoor activities with noise and garbage wllectlen regulations. 2. Ads to the C and PAD -Cl districts the same height and screening provisions for new or replacement rooftop mechanical units. 3. Adds a provision to regulate the location of outdoor eating, embly o other customer service areas when the use abuts as single family district. A. Clarifies the definition of "Commercial Uses, Light" and adds a new definition for `Office Use, Light" to reflect the way this tern is sed in the ordinance. 5. Adjusts come use terminology and minimum parking requirements in the off-street parking table for clarification and to match other places similar terms are ed. 6. Increases the minimum required depth of parking spaces and /or m an ng space. 7. Adds an r exception to Townhouses n the Te and PDD -TH districts to allow residents to use immediately outside their garages for additional external parking. S. Expands n current language prohibiting above -grade parking within the City and prohibits under building parking within the TIC district. Additional details on the proposal a s well as the zoning Ordinance and Code of Ordinances a v all available for public inspection I n 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 interestetl f such matters should attend the hearings. The proposals maybe adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance or Code of Ordinances. Date: January 22, 2015 /s /Thelma Lenz, City Secretary