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HomeMy WebLinkAboutORD 2029 Changing Number of Required Parking Spaces in Town CenterCity of West University Place Harris County, Texas Ordinance No. 2029 AN ORDINANCE AMENDING 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 "; 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 February 27 , 2017. D, PASSED, AND APPROVED on second reading, AND SIGNED, on 20 /1. o4` SE L T City Secretary Signed Approved as to legal form: / /�� ?x—'�-- — City Attorney relm 1011 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 ") by changing the minimum number of 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 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 amend the Zoning Ordinance by changing the number of minimum required parking spaces in the Town Center Commercial District "TCC" and also includes a special exception procedure that would allow for the continuation of PNC status for certain casualty losses in the TCC District. 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 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. 3. Add language to provide for a special exception by the Zoning Board of Adjustments that would authorize a property owner to rebuild with the same square footage and allows for relief in certain cases for minimum off - street parking, building location on the site and setbacks. 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.Both the ZPC and City Council continued the public hearing until the next meeting. 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 approval of this report was as follows: Wilson, Tsai, McEnany, Cutrer, and Kuykendall voted "aye "; Jensen and Higley voted "no ". Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: 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: All 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 4.0 per 1,000 square feet of gross floor area for uses other than dine in food service with spaces and seating. 7.5 spaces per 1,000 square feet of gross floor area for food service with dine in uses in the TCC seating. 2.G0 ^^-1,099 S ^WaFe feet 8f gFeSS "^^--- ^,.(Applies only to principal buildings District 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.) Amend Section 12 -103 (c) by modifying the section as follows: (c) Loss to casualty, etc. If 51 % or more of the replacement cost of a structure is lost to casualty, eminent domain, involuntary demolition or other similar cause, the structure loses PNC status. Exceptions: This does not apply to a building used for SFR purposes, except as to non - compliance with framed area regulations (i.e., in case of such a 51% or greater loss, PNC status for non- compliance with framed area regulations is lost). For this purpose, "replacement cost' is determined by standard cost levels for similar structures as most recently published by the International Code Council or similar agency. See, e.g., the ICC internet publication of "Building Valuation Data," which provides average construction costs per square foot, by type of construction and occupancy group, with factors to modify those costs for the Houston area. The ZBA may issue a special exception to allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i) rebuilding is necessary to avoid substantial economic waste and economic hardship, and (ii) there will be no substantial adverse effects of the rebuilt structure. The ZBA may issue a special exception to allow a structure in the TCC district, which predated adoption of the TCC district, to be rebuilt with a square footage that is substantially that this transformation will likely occur incrementally over time through new construction or rebuilding of existing structures following a loss to casualty, etc. Therefore, in evaluating determine that some relief is warranted due to the circumstances of a particular building site such as the impracticality of providing vehicular access to a rear parking area in the event that on -site parking along the Edloe Street frontage was to be relocated to the rear. In such cases the ZBA may apply an alternative level of compliance for the following TCC standards that is less than full compliance but also may be more restrictive than the condition that existed at the time of loss to casualtv. etc.: 1)Front, side and rear yards (setbacks). 2)Location of the principal building on the site relative to the front or rear property lines 3)Off- street parking.