HomeMy WebLinkAbout02132017 ZPC Agenda Item 3 City of West University Place
Harris County, Texas
Ordinance No, 2025
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 MINIMUM NUMBER
OF REQUIRED PARKING SPACES IN THE TOWN CENTER COMMERCIAL
DISTRICT (TCC"); 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 re-adopted 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 regarding changes in the number of minimum required parking
spaces, 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 //1 /�' . The hearing may be recessed and
continued from time to time. The City Manager may reschedule either date and time,
or both, to accommodate other pending matters, but the rescheduled date(s) and
time(s) 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.
All ordinances and parts of ordinances in conflict with this Ordinance are repealed to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 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 date of the
hearing, properly 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 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 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 first reading and shall become
effective immediately upon adoption and signature.
PASS_ • Al—OVED1 ADOPTED AND SIGNED on. % .)- , 20/ ., ./
ir.Attest/Se 41.1 LA..��. h It--;d: dic-e-- cf)A
l
City Secretary y;\ Mayor
Lt" a
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R 7;one.-s.ed,; is
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itt
Cii, ∎'_ •er PexAs
Approved as to legal fo :
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City Attorney
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
October 13, 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 and Code of Ordinances, by
changing the number of minimum required parking
spaces in the Town Center Commercial District
"TCC" .
To the Honorable Mayor
& Members of City Council:
The Zoning & 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 is to
amend the Zoning Ordinance by changing the number of minimum
required parking spaces in the Town Center Commercial District
"TCC" . New zoning regulations regarding the non-single family
(detached) zoning district provisions were enacted in March of
2015 . Following enactment, a petition was submitted to City
Council requesting revisions to the regulations, most notably
regarding the minimum parking regulations in the TCC district.
Revisiting these regulations to find an acceptable parking
space ratio is a City Council goal for the 2015-2017 term. The
Zoning and Planning Commission has been working on fine tuning
and narrowing down possible solutions since then. The proposal
includes amending the minimum parking requirements as follows:
1.Change the number of required parking spaces for all
uses other than restaurant to 2 .5 spaces per 1000
square feet of gross floor area.
2.Change the number of required parking spaces for all
dine in with seating food service establishments to 7.5
spaces per 1000 square feet.
Preliminary Recommendation. Subject to further review
following public hearing, the Commission: (i) finds that
sufficient evidence exists to warrant further consideration of
the zoning 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 on approval of this report was as
follows: McEnany, Cutrer, Jensen, Kuykendall, and Higley voted
"aye"; there were 0 "noes" ; Wilson and Tsai absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
Presiding Of Of er for the Commission
ATTACHMENT"A" October 13,2016
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:
lAll other types 10.0 per 1,000 square feet of gross floor area used or occupied by people.
of space and
uses
All types of 2.50 per 1,000 square feet of gross floor area for uses other than dine in food service
'spaces and with seating. 7.5 spaces per 1,000 square feet of gross floor area for food service
uses in the TCC with dine in seating. :• :- •.. . . . - - . • ':: . -. (Applies only to
District principal buildings constructed after the effective date of the TCC district.Other
buildings in TCC are subject to the parking requirements for C,Commercial District,
uses that applied prior to the effective date of the TCC district.)
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
February 9, 2015. The hearing may be recessed 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
amend the Zoning Ordinance by changing the number of minimum
required parking spaces in the Town Center Commercial District
"TCC" . New zoning regulations regarding the non-single family
(detached) zoning district provisions were enacted in March of
2015. Following enactment, a petition was submitted to City
Council requesting revisions to the regulations, most notably
regarding the minimum parking regulations in the TCC district.
Revisiting these regulations to find an acceptable parking
space ratio is a City Council goal for the 2015-2017 term. The
Zoning and Planning Commission has been working on fine tuning
and narrowing down possible solutions since then. The proposal
includes amending the minimum parking requirements as follows:
1. Change the number of required parking spaces for all uses
other than restaurant to 2.5 spaces per 1000 square feet of
gross floor area.
2. Change the number of required parking spaces for all dine
in with seating food service establishments to 7 .5 spaces per
1000 square feet.
Additional details on the proposal 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/Thelma Lenz, City Secretary
City 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 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, 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 nive 'ty 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 ma 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 Ail 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
. Y
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 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 first reading and shall become effective immediately upon
adoption and signature.
PASSED, APPROVED AN,Q, ADOPWD1r ON FIRST AND
FINAL READING AN' IGNED on the ,5 t' day of jl 2016.
4� ��� /, /
dL' ��� Signed:
City Secretary yor
FEJANSo p ded.
City Manager
Approved as to legal form:
City Attorney
October 13,2016
ATTACHMENT"A"
Amend Article 2, "Certain Terms"as follows:
School,An cstoblishment:(i)owned-or eperated by a school district o:other government:at entity at
circumstan:cs w-- - . • - = .• -- • - -" _ - .ircd to be in efface under the Ten:,
€4. - _ -. . _ .• . _ • •- 'n;Yructianwl;cr,ices. 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 Programs 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 Article12,Section 12-103(1),Losing PNC Status,as follows:
(i)Prri:sol;e of Time.1 he following PNC stems lose PNC status upon the expiration of the time periods
indicated:
PNC Item Finie 1'cnod Special Conditions
Use of a buildinc site in an SF District for business Fen years from the
activities 1987 effectit.e date
Presence of more dwelling units than allowed in an en years from the l'NC status for space which
Ten
Si District. 1987 effective date qualifies as confomm�g accessory
quarters is not necessanly lost
Use ofa building site by more than one family in Ten years from the
violation of SF District use regulations 1987 eficetite date
Outdoor lighting in tiiolauon of Aru i4 ti Time penod ending
on August 31,2004
tack of special screens in‘iolatian or : €4 `, 160 months
follow tog the 1987
(waste storage or luadinc) glTecuoe date
Non•comphance with pervious area requirement in Ten years follow the
the C District the 1987 effective
date
Time penod ending
Non-conformance with building regulations by a on October 1.2008
canopy or similar object designed or used to shelter a
1
October 13, 2016
toter vehicle.a boat or similarly-sired items.
Use of a building site as a school in a commercial Time period ending
'istnct n ithnut a special excentian.as granted hs the on October 15,
.0A, 202I
Amend Section S-100 and 5-I01 regarding Building Site Designations 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
(1)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: (i)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 containinJ xistinkolatted lots with smaller dimensions comely with
the reouirements 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 ar-et-,er with the reouired city document to the E4y 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 official 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 on 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
County 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 POD
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
2
October 13, 2016
Article 5).
Item Measureme SF-1,SF-2 and SF-3 TH GR- GR- C
nt 1 2
New building sites Width, 75 ft. N/A 50 ft.
(on or after October minimum
24, 1987)
See Note 3.
Depth, 110 ft. N/A N/A
minimum
Area, 8,250 2,000 sq ft. per 5,000
minimum sq.ft. DU sq.ft.
3
October 13, 2016
Amend Section 7 Table 7-2: Yards(or`setbacks')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" shaped or irregular.the"flag" portion shall have the same setback as the adiolning
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
11Vl Schedule.
Item easurement 5F-1 SF-2 SF-3 TH GR-1 IGR-2 IC
Rear Distance from rear property 20 h.See Nate 1. 20 e 5 ft.See Note 7. 5 ft. See Note ft
yard line. Note 7. 1
Amend Section 7 Table 7.5a,Note 5 as follows:
Curb cuts For SF0 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 5. Curb cuts.The ZBA may issue a special exception for additional curb cuts.Exception: The
Administrative Official may authorize additional curb cuts for a corner site when in compliance with the
reauirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of
Ordinances. The additional curb cuts are not prohibited and do not require a special exception.
4
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 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