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HomeMy WebLinkAbout02162017 ZPC Agenda Item 3 City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING BY MODIFYING THE ZONING REGULATIONS AND ADDING PROVISIONS REGARDING THE DEFINITION OF SCHOOL; THROUGH LOTS IN A COMMERCIAL ZONING DISTRICT; RECORDING OF BUILDING SITE DESIGNATIONS AND DIVISIONS OF COMBINED BUILDING SITES; AND APPROVAL OF CERTAIN CURB CUTS; 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 City's 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 matters 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 jurisdiction, neither the remainder of this ordinance, nor the 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 ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED, AND APPROVED on first reading on , 20 CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNED, on , 20 Attest: Signed: City Secretary Mayor Recommended: City Manager 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 February 16, 2017 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject : Final 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) clarify that building sites that were combined and have not changed boundary lines can divide and become two separate building sites with approval of the ZPC and providing for the recording of this action within the property records of Harris County. Public Hearing. A public hearing with members of City Council was held on February 13, 2017 where members of the public were encouraged to make commentary regarding the proposals. No major concerns were received and Xavier School' s authorized spokesperson stated that the school supported the proposed definition of a school and the sunset provision timeframe. 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 final recommendation favorable to the proposal, and (iv) recommends that City Council adopt the proposal . The Vote. The vote on approvalof this report was as follows : voted "aye"; voted "no"; absent . Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission ATTACHMENT"A" Amend Article 2, "Certain Terms"as follows: School. An establishment: (i)owned or opciatcd by a school district or other governmental entity circumstances where a license or permit is in effect or -: •• • . . - - • • - • . . . . .. - . - . _. . . •. . . •. • .•_ . 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 Article 12,Section 12-103 (i),Losing PNC Status, as follows: (i)Passage of Time. The following PNC items lose PNC status upon the expiration of the time periods indicated: PNC Item Time Period Special Conditions Use of a building site in an SF District for business Ten years from the activities 1987 effective date Presence of more dwelling units than allowed in an SF Ten years from the PNC status for space which qualifies District. 1987 effective date as conforming accessory quarters is not necessarily lost. Use of a building site by more than one family in Ten years from the violation of SF District use regulations 1987 effective date Outdoor lighting in violation of Article 8 Time period ending on August 31,2004 Lack of special screens in violation of Article 8 (waste 160 months storage or loading) following the 1987 effective date Non-compliance with pervious area requirement in the Ten years following C District. the 1987 effective date Non-conformance with building regulations by a Time period ending canopy or similar object designed or used to shelter a on October 1,2008 motor vehicle,a boat or similarly-sized items. Use of a building site as a school in a commercial Time period ending district without a special exception.as granted by the on October 15, ZBA. 2021. Amend Section 5-100 and 5-101 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 dimensions do not violate this Ordinance. Building Sites containing existing lots platted with smaller dimensions shall 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 er ether with the required city document to the City 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 designate 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, Site by District. ("DU" means "dwelling unit.") Exceptions/Special Rules: (1) See Dimensions PDD 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 Measurem SF-1, SF-2 and SF-3 TH GR- GR- C ent 1 2 New building sites Width, 75 ft. N/A 50 ft. (on or after minimum October 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. Note 3. Certain Re-Subdivisions After October 24, 1987. A subdivided lot in a SF-1, SF-3 or GR-1 District may be further subdivided to produce a building site with less than seventy-five (75) feet of width or less than one hundred ten (110) feet of depth if all applicable procedures under state law and the City's ordinances, rules and regulations are followed and one of the following three sets of circumstances is present: (A) All portions of the subdivided lots are added to adjoining subdivided lots, (B)The number of lots is not increased, and all resulting lots have: (i) a depth greater than or equal to the depth of the shallowest lot before the re-subdivision, and (ii) a width greater than or equal to the width of the narrowest lot before the re-subdivision; provided that no resulting lot is irregularly shaped (unless it was so shaped before the re-subdivision) (C) A portion of the subdivided lot is needed for City use or utility or service use. (D)The lots are divided through an owner's designation of a building site and are divided along the original platted common boundary line. The building site designation form must be filed in the real property records of Harris County. General Rule: No part of any structure may be located within a part of a building site included within a yard defined,by Table 7-2• Yards District, 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 Schedule. Item Measurement SF-1 1SF-2 ISF-3 IH GR-1 GR-2 Rear Distance from rear property ' _ 20 5 ft. See Note yard line. 20 ft. See Note 1 i See 5 ft. See Note 7.1 Note 7. — Amend Section 7 Table 7-2: Yards (or `setbacks') as follows: Note I. 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" shared or irregular. the"flan"portion shall have the same setback as the adjoining building sites fronting that street. Amend Section 7 Table 7-5a,Note 5 as follows: Curb cuts � I For SFD use Maximum one per designated building site ;Other regulations apply; Number abutting the street. For non-SFD uses: Maximum one per 50- see, e.g. Article 10 and ft. segment of street line. See Note S. Chapter 70 of the Code of r 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 corner site when in compliance with the requirements 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.