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HomeMy WebLinkAboutORD 2005 Amending Zoning Ordinance Relating to C TCC and PDD-TH2 DistrictsCity of West University Place Harris County, Texas Ordinance No. 2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING 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 BISSONNET 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, COMMERCIAL AND PDD -TH2 ZONING DISTRICTS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECTS. WHEREAS, the City Council and the Zoning and 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 Cilys Comprehensive Plan, and 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 mailers 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 junsdiction, neither the remainder of this ordinance, nor Me 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 eminence shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED, AND APPROVED on first reading on Febmary 23 , 2015, CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNED, on G42 015. Signed: retary Mayor Pm Tem Reco mended: City Mana r Approved as to legal form: Qty Atlomey Exhibit Zoning S Planning Con®ission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 71005 February 12, 2015 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final report o x proposal to end the Zoning Ordinance and Code of Ordinances, including the Zoning District Map by changing the zoning district r of 2.35 a of land located north of University Boulevard, east of Edloe Street, sloth of Rice Boulevard and west of Poor Farm Ditch, e fully described as Tracts 15 -H, 15 -0, 15 -K, 15 -5, 15 -P, 15-' and 17 of Abstract 61 of the A C Reynolds Survey and Reserves A and B of the Matthews Market Rapist, of Harris County, Texas from Commercial District ( "C ") to Town Center Commercial District ( "TCC "); and modifying the limits of the existing ial district at Bissonnet Street and Kirby Drive by extending the southern boundary to the right of way line of Plumb Stree i and, modifying the zoning regulations by adding provisions regarding the TOO, Commercial and FDD -TH2 zoning districts. 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. The purpose of this proposal is to a m end the Zoning Ordinance and Zoning District Map by changing the soning district designation and creating a new zoning district designation, and modifying the zoning district limits for the tracts of land located as stated above. This proposal is materially based on the recommendations of a report orosented to the Zoning and Planning Commission dated December 19, 2019 by the consulting firm of Kendig Keast Collaborative, amended as of February 12, 2015 and attached to this report. Reviewing the non -s Ingle family (detached) zoning district provisions has been a long term goal of City Council. The city engaged Cookie Ernst Collaborative (DEC) in February of 2014 to take the lead in this task. The consulting firm, led by Gary e Mitchell of EEC, wed the city's nc current ordinances, zoning map, and procedures. s A team consisting of staff members, Zoning antl Planning Commissioners, antl a steering committee held several meetings, including a "driving tour" through the areas included in s the study. A s of meetings with four separate focus groups were held to obtain community feedback regarding issues that were sidered important while completing the review. ssA preliminary draft to the steering committee and Zoning and Planning war and a revised draft represented to the public during two "town hall" meetings in September of 2014. The final draft ads presented, ncluding comments obtained from the public, an October 29, 2014. r A well attended joint public hearing was held with City Council on February 9, 2015. The focus of cents s the parking ratio requirements and DEC status of the existing structures in the event of a catastrophic i The ZPC discussed and considered the comments at their regular meeting on February 12, 2015 and offer the following as recommended changes to the zoning regulations: Town Center Commercial district (TCC) - An important m ` v r for the ended changes c the fact that all buildings an the m proposed TCC district currently enjoy form of Prior Non - Conforming (PNC) status that only be m intained if improvements a made or through application for w zoning relief. In are event of catastrophic loss the buildings would lose DEC statu and current code, most specifically the parking requirements, would allow only 50£ of the existing floor space to be reconstructed. This could lead to an economically blighted The proposed base district change with accompanying regulations maintains light cconforcial uses rs and applicable to the development of principal buildings and Cheix ory structures. The proposal amends the zoning ordinance regarding sthe following: 1. Establishes a purpose statement, definition antl boundaries for the Town Carter Commercial District ( "TCC "). 2. Establishes the allowable uses in the TCC. 3. Establishes regulations for front, side and jeer yard (setbacks), open and pervious areas, pedestrian orientation, maximum height of all structures, minimum parking requrements, visual buffering and exterior finishes of structures. 4. Requires the first floor of all structures to be at grade level. 5. Includes on option to obtain a Special Exception from the Zoning Board of Adjustment to rebuild a structure with substantially the same square footage existing prior to catastrophic event. The ZBA could consider requiring minimum parking, setback, sidewalk, etc, requirements as conditions of the Special Exception. PDD -Te2 district Since the PDD -TH2 ing designation was signed to this property along Kirby Drive, there has been very little development or redevelopment of properties. Two of the properties at the northwest intersection of Plumb Street and Kirby Drive are and have been used as ial building sites. The purpose of these modifications is o cognize the existing uses e of property and Co e of n f the restrictions o single 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 a row of new attached single family buildings will be built on abutting lots. 3. Reduces the m required rear yard and SF buffer yard, m 20' to 10'�,r given the shallow depth. of the properties. 4. Increases the framed for single family maximum (attacbed)structures minimum £ m 100& to 125r 5. Reduces the m required s of garage parking spaces from 12' wide by 25' deep to 10' wide by 20' deep. Commercial Use Standards - The purpose was Co strengthen some of the general provisions in all commercial areas. i. Aids a provision for linking hours of operation and commercial deliveries and other outdoor activities with noise atl 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 seating, assembly or other customer service areas when the use abuts a Ingle family district. 4. Clarifies the definition of "Commercial Uses, Light" and adds w definition for "Office Use, Light" to reflect the way this term is sed in the ordinance. 5. Adjusts some e terminology and minimum parking requirements in the off- street parking table ifor clarification and to match other places similar terms are sed. 6. Increases the minimum required depth of parking spaces and /or maneuvering space for new projects and major development. 7. Adds exception to townhouses the TH and PEE -TH districts eto allow residents to n the mmediately outside their garages rfor additional external area 8. Expands on current language prohibiting above -grade parking within the City and prohibits under building parking within the TCC district. Recommendation. Eased on the review given this proposal, the Commission: (1) finds that the proposal, if adopted, would be i the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal addresses nably addresses circumstances which have arisen since the last omprehensive o of the zoning e ordinance, (III) makes its final r endation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal. The Vote. The vote on approval of this report was s follows: Wilson, Parikh, Snyder, Clark, McEnany voted "aye"; there we_e 0 noes "; Griffith and Jay absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY: /L'['da� d p.. vLC For the CocmiZsron