HomeMy WebLinkAboutORD 2026 Calling JPH on the Definition of School and Building SitesCity of West University Place
Harris County, Texas
Ordinance No. 2026
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A
PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS REGARDING THE DEFINITION OF
SCHOOL; THROUGH LOTS IN A COMMERCIAL ZONING DISTRICT;
RECORDING OF BUILDING SITE DESIGNATIONS AND DIVISIONS OF
COMBINED BUILDING SITES; APPROVAL OF CERTAIN CURB CUTS;
PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS
AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY OF THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS
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 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, TEXAS, THAT:
Section 1. The City Council hereby calls a joint public hearing before the City Council
and Z &PC on the Code of Ordinances of the City of West University Place, Texas and as
amended by the proposal as described in Exhibit A, attached hereto. Unless rescheduled, the
hearing shall be held in the Council Chamber of the Municipal Building, 3800 University
Boulevard, West nivers y Place, Texas 77005 during the City Council meeting set to begin at
6:30 p.m. on . The hearing may be recessed and continued from time to time.
The City Manag r mal reschedule the dale and time, or both, to accommodate other pending
matters, but the rescheduled dale and time may not be later than 30 days past the date set
by this ordinance All other portions of Chapter 70 of the Code of Ordinances not specifically
amended hereby remain in full force and effect.
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. All ordinances
and parts of ordinances in conflict with this Ordinance are repealed 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 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 Z &PC 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, neither the remainder of this
ordinance, nor 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 Texas Open
Meetings Act, Open Meetings Law, Chapter 551, Texas Government Code, as amended, and
that each such meeting has been open to the public as required by law at all limes during
such discussion, consideration and action. The City Council ratifies, approves and confirms
such notices and the contents and posting thereof.
Section B. 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, APPROVED AN�4, ADOP D ON FIRST AND
FINAL READING AN IGNED on the J day of 2016.
�Eg1 uwry�9
o� sir
s
Signed: `n /
ca City Secretary 4hyor
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
November 10, 2016
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 ") relating to the
approval of a certain number of curb cuts
and driveways in the front yard and public right
of ways; the definition of school and a 5 year
sunset provision; through lots in a commercial
zoning district; recording of certain building
sites and the division of said sites in the real
property records of Harris County.
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 to 1)
clarify the definition of school, other than a public school so
that those schools with higher density and use will be properly
approved in the correct zoning districts, and provide a 5 year
sunset provision for existing uses; 2) Include commercial sites
in the application of the requirements for through lots where
applicable; 3) authorize staff to approve a third curb cut for
those building sites on a corner site that meet the appropriate
criteria in the zoning ordinance and Chapter 70 of the Code of
Ordinances; and, 4) require that building sites that were
combined and have not changed boundary lines can divide and
become two separate building sites and providing for the
recording of this action within the property records of Harris
County.
Recommendation. Based on the review given this
proposal so far, 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 preliminary
recommendation favorable to the proposal, and (iv)
recommends that City Council adopt the proposal.
The Vote. The vote on approvalof this repgqxxt as 1
follows: ;1Son� (i.fru� 5tn5chi �gky, Kvykcr�Aall 1'� han� and
voted "aye "; Noor\e- voted "no "; Oabsent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION
OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS
By:
For the Commi io
October 13, 2016
ATTACHMENT ' A"
Amend Article 1, "Certain Terms" as follows:
School. An estab
Ed UEatiOR Cade OF any at he F state law peAaising ;A edWEat;81; BF iFIStFUL:tianal Facilities for
educational and /or classroom purposes offering an academic curriculum that is generally equivalent to
public primary, middle school or high school levels. This Includes, but is not limited to study and
tutorial centers child care and limited child care centers, and vocation and trade proerams that might
be incidental to the operation of such schools.
School (public). A school owned by a governmental entity having the power of eminent domain.
Amend Article 12, section 12 -103 (f), Losing PNCStatus, asfollows:
(i) Prresuge of Timn . The following PNC items lase IINC status upon the expiration of the nine periods
indicated:
PNC Item
franc Period
Special Conditions
Use of a building site in an SF District for business
fen years from the
activities
1987 effective date
Presence of more dwelling units than allowed in an
Ten years from the
IINC status for space which
SF District.
1987 effective date
qualifies as conforming accessory
quarters is not necessarily lost
Use of a building site by more than one family in
Ten years from [lie
violation of SF District use regulations
1987 effectii c date
Outdoor lighting in violation of ArtIIIC S
Ttmc period ending
on August 31, 2004
I ,aek of special screens to violation of jnp. I; 5
160 months
(waste storage or loading)
following the 1987
clTectivc date
Non- comphance with pervious area requirement In
fen years followine
the C District
the 1987 effective
date
Time period ending
Non-conformance with budding regulations by a
on October 1, 2008
canopy or similar object designed or used to shelter a
October 13, 2016
motor vehicle, a boat or similarlv -sized items,
Use of a building site as a school to a comntemial
Time period endut a
district a iihout a special exec tion.as granted by th •
on October 15
DA.
Amend Section 5 -100 and 5 -201 reaardina Buildina Site Desionations as follows:
Section 5 -100. - Requirement for building site.
(a) Basic Criteria. Every structure must be located upon a building site meeting all of the following
criteria _
(i)The entire site must be contiguous and under common fee simple ownership.
(2)The site must consist of one or more whole subdivided lots, excluding only: (1) common use
areas and (ii) areas lost because of public acquisition, adverse possession, discrepancies in
boundaries or similar cause.
(3)Common -use areas are excluded.
(4)The site may not include any area within another building site
(5)The site must have the minimum dimensions prescribed by Table 5 1 and this Article.
Exception: If, after the 1987 effective date, the Z &PC approves a plan, plat or replat establishing
a building site with smaller dimensions, the smaller dimens,ons do not violate this
Ordinance. Building Sites containing existing platted lots w.th smaller dimensions comply with
the requirements of this section.
(6)The site must have a common boundary with a street area containing a constructed roadway
approved and accepted by the city, or, in a QMDS, with a private street or other platted accessway
(b) Certain Exceptions. This section does not apply to: (i) fences, playground equipment or landscaping
structures, or (ii) non - building structures lawfully occupying street areas, easements or similar areas
Section 5.101. - Designation of building site.
(a) Owner's Action. An owner or an owner's agent may designate a building site by submitting a permit
application, plat, or legal description of athe with the required city document to the QW Administrative
Official showing a building site meeting the applicable criteria In effect at the time of the designation.
(b) Administrative official's Action The administrative officiai shall des gnate building sites for existing
structures, in accordance with the criteria in effect at the time the structures were built and in
accordance with the apparent intent of the owners, but the administrative official may not combine two
or more subdivided lots into one building site unless (i) the configuration of the existing structures
requires the combination, or (ii) the owner consents an a form designated by the Administrative Official.
(c) Approved site designation forms shall be filed in the Administrative Official's Office and In the Harris
Count Real Property Records when two or more building sites are combined or divided
Table 5 -1. Building General Rule: This table prescribes the minimum dimensions for building sites, by
Site District. ( "DU" means "dwelling unit. ") Exceptions /Special Rules: (1) See PDD
Dimensions Schedules for planned development districts. (2) See special notes in table. (3) The
Z &PC may establish different dimensions by approving a plan, plat or replat (see
Article 5).
Item Measureme SF -1, SF -2 and SF -3
nt
New building sites Width, 75 ft.
(on or after October minimum
24, 1987)
See Note 3.
Depth, 110 ft.
minimum
Area, 8,250
minimum sq. ft.
October 13, 2016
TH GR- GR- C
1 2
N/A 50 h.
N/A N/A
2,000 sq ft. per 5,000
DU sq. ft.
Note 3 Ceram , Fte -Su6di, stuns A'mr October -,-J !98' : s.:bd,.rded of in a S =-I S =3 or GP - I
O s ;rct may be furrier subdw ded to oroduca a budding site :vnh less than secewy -five 75 feet
c, rndtr. or less tha= one hundred ten (1 101 feet e! depth if a!I apohcabie procecves uncle• stale
lair and the City's ar!hna PC2s. rules ano regula:iors are follov: ed and one of the :'o lorAr.g Ihrea
sets of circumstances !s present (At Ail con or.s of the subdivided lots are adrec to salcinm,
subdivided lots. (9) The number of lots ;s not r creasea, and all resulting lots raja (ii a death
greater than or equal to the dept or the shallo:vest lot before the re- subdrrisien and t i a v+idm
greater than or equal to the •rndlli of tie narro:v=_st lot before the re- subdre,sion orov ded that no
resulting lot is irr=_gularl, shaped (unless it :-,as so shag =_d before the re- subdrr. Sion (C) A
portion of me subdivided lot is needed fer Cay use or unbty cr service use
H
October 13, 2016
Amend Section 7 Table 7 -2: yards (or'setbocks') as follows:
Note 1. Through Lots or Building Sites or Rear Through Lots or Building Sites. If a lot or building site
extends all the way through a block so that the front and rear both abut a street area, there is no rear
yard. The site is a "through" or "rear through" lot or building site, and Is considered to have two front
yards, one at each street frontage. Front yard (setbacks) shall be as provided in Table 7 -2. Exception: If
the site is "flag" shaved or irregular, the "flag" portion shall have the same setback as the adioining
building sites fronting that street.
General Rule: No part of any structure may be located within a
part of a building site included within a yard defined, by District,
Table 7 -2: Yards in this table. ( "N /A" means the rule does not apply.)
(or'setbacks') Exceptions /Special Rules: (1) Structures may be located in yards
to the extent allowed by the Projections Schedule. (2) See
special rules noted in table. (3) See PDD Schedules for Planned
Development Districts. (4) See additional setbacks in the PWSF
chedule.
Rear Distance from rear property 20 ft. 5 ft. See Note
yard line. 20 ft. See Note 1. See 5 ft. See Note 7. 1
Note 7.
Amend 5ection 7 Table 7 -5a, Note 5 us follows:
Curb cuts For SFD use: Maximum one per designated building site abutting
Other regulations apply; Number the street. For non -SFD uses: Maximum one per 50 -ft. segment
see, e.g. Article 10 and of street line. See Note 5.
Chapter 70 of the Code of
Ordinances.
Note S. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Exception: The
Administrative Official may authorize additional curb cuts for a cornersite when in compliance with the
reouirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of
Ordinances. These additional curb cuts are not prohibited and do not require a special exception.
Exhibit 8
NOTICE OF PUBLIC HEARINGS
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 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 to 1)
clarify the definition of school, other than a public school,
so that those learning establishments with potentially higher
density and use will be properly approved in the correct zoning
districts and provide a 5 year sunset provision for existing
uses; 2) Include commercial sites in the application of the
requirements for through lots where applicable; 3) authorize
staff to approve a third curb cut for those building sites on a
corner site that meet the appropriate criteria in the zoning
ordinance and Chapter 70 of the Code of Ordinances; and, 4)
require that building sites that were combined and have not
changed boundary lines can divide and become two separate
building sites and providing for the recording of this action
within the property records of Harris County.
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: City Secretary