HomeMy WebLinkAbout08092018 ZPC Agenda Item 2 Memo
To: Zoning and Planning Commission
From: Debbie Scarcella,City Planner
Date: August 6,2018
Re: Staff Report for Application for Rezoning ATT Site
Applicant's Request
The owner of the property located at 6707 Academy(behind the ATT building) at the corner of Ruskin
Street and Academy is requesting a rezoning of the parking lot area, more specifically Lots 1-6 of Block 25,
Collegeview Section 1. The request is to change the zoning designation from Single Family(Detached) (SF3)
for Lots 1-4 and Second Single Family Planned Development District (PDD-SF2) for Lots 5-6, to a newly
created Single Family Planned Development District(PDD-SF3).
Background
The parking lot located behind the ATT building and the Whole Foods shopping center on Bellaire is
actually located in a single family zoning district. ATT owns six lots and the shopping center owner owns four
lots that all front on Ruskin St. The parking lots have been authorized to be there since 1970 for lots 1-4 and
since 1975 for lots 5-10. Initially lots 1-4 and 5 & 6 were owned by Southwestern Bell (now ATT) and
authorized for use by SWBT employee vehicles and company service vehicles. Lots 7-10 were authorized for
employee parking only for the owners of the Whole Foods center. Lots 1-4 are located in an SF3 district and
lots 5-10 are located in a PDD-SF2(formerly PDD-TI-16 or Ruskin Townhome District). The applicant is asking
that lots 1-6 be rezoned to a newly created Third Single Family Planned Development District(PDD-SF3).
The requirements for creation of a Planned Development District are covered by Article 9 of the zoning
regulations,which are attached. Lots 1-6 contain 34,500 and so meet the minimum square footage requirements
in Article 9. The first section of Article 9 contains additional criteria for creation as follows:
"Section 9-101. -Certain regulations.
Within a PDD, the applicable regulations shall be described in the corresponding PDD schedule. A
PDD schedule must require a minimum setback from the front street line on each building site of five
feet, except for PDD's established in the C District. A PDD schedule may include the following land
uses, and no others,e s, determined by the pre-existing district in which the PDD is proposed:
(1) In a SF District: single-family(detached)use only.
(2) In a non-SF residential district: any use permitted in the GR-2 District.
(3) In a non-residential district: any use permitted in the GR-2 District or the C District.
Section 9-102.-Site criteria.
A person applying for the establishment of a PDD must own the entire area subject to the application.
.Exception: In the C District, two or more persons may own the area subject to the application,if they
jointly apply for a single PDD. The area must include either: (i)40,000 square feet or more, all
contiguous or separated only by a street, or(ii)30,000 square feet or more, all contiguous.
Section 9-103. -Procedures.
a) Submissions. The applicant must submit a development plat (which may be the same as a plat
submitted under another ordinance of the City, if allowed by such other ordinance)and a
development report containing a general description of the proposed development and an analysis of
traffic patterns, street areas, drainage,utilities, and maintenance of public spaces,together with any
additional items the administrative official or the Z&PC may reasonably request.
(b)Processing. The processing procedure for approval of a PDD shall be the same as for an
amendment to this ordinance. If a PDD is approved, the Zoning District Map shall be amended to
show the PDD boundaries, and a PDD schedule shall be added to this ordinance to provide the
necessary regulations.
(c)Review;No Entitlement. The review of a PDD, like all amendments to zoning ordinances,
involves extensive procedures and legislative weighing of competing policy considerations.
Therefore, no person is guaranteed or assured that a PDD either will or will not be acted upon
favorably or within any given period of time and no person shall ever be entitled to the approval of a
PDD under any circumstances."
The proposed district will be the same as single family residential except while ATT or a similar
telecommunications company owns the property. When that condition exists,then the district regulations
would allow for any uses covered by an existing special exception; authorize use of ATT owned vehicles and
vehicles less than 2 axles; loading and unloading of ATT vehicles and inventory and supplies in the vehicles.
The proposal prohibits structures and signs and requires fencing and landscaping to be maintained. The
proposal prohibits access on Ruskin and Cason Streets and limits access to the Bellaire and Academy entries.
The major provisions are contained in proposed notes 12 and 13 as detailed in the application.
ZPC should determine if the request meets the minimum criteria as outlined in Chapter 9. ZPC can
consider the proposal as written,modify it, request more information or reject it. A favorable report would
result in City Council calling for a joint public hearing with the ZPC to garner additional public input.
ATT Rezoning Staff Report Page 2
Application for Rezoning from R-3/Parking Lot/ PDD SF2 to PDD SF3
AT&T Parking Lot on Lots 1-6, Block 25
Collegeview Section One
AT&T Facility Parking Lot
Executive Summary:
AT&T requests the following zoning change:
Creation of new zone PDD-SF3; and
Lots 1-4 from SF3/Parking Lot to PDD SF3;
Lots 5-6 from PDD SF2/Parking Lot to PDD SF3.
These 6 lots are the AT&T parking lot, located at the southeast corner of Ruskin and Academy
(the "Parking Lot", and shown on Exhibit A), and are used ancillary, accessory and supportive to
the adjacent AT&T building at 6707 Academy/4068 Bellaire (in the C-Commercial zone). The
Parking Lot is subject to special parking lot zoning by City Ordinances No. 932 and 1039 (the
"AT&T Ordinances), as shown on the City Zoning Map (Exhibit B). No buildings are allowed.
An unusual series of actions in 2016-2017 by the Zoning Board of Adjustment (the "Board")
regarding the Parking Lot resulted in controversy and confusion as to the proper use of the
Parking Lot.
Approval of these requests will unite the Parking Lot in one zoning district (which AT&T and
current City Staff believe was the original City intention) and clarify what can and cannot be
done with the Parking Lot.
History of
ry AT&T Facility:
AT&T (previously known as Southwestern Bell) has owned this facility, including the Parking
Lots for decades. For many years, it was the most valuable property in the City, and thus, the
highest tax payer. Today, it continues to be among the highest tax payers in the City.
The first (and continuing) use is a telephone switching facility (1940), a critical AT&T facility.
This facility serves the MOhawk exchange. In prior times, the area phone numbers began with
MO to dignify the MOhawk exchange. When phone numbers changed to be numeric, area
numbers all began with 66, being the numbers corresponding on a phone dial to M and O. The
area of the Mohawk exchange is shown on Exhibit J, with West University Place being a
significant portion.
In 1956, the facility was expanded, adding space for support services and offices. A variety of
specific uses have been housed there, most consistently service vehicles for AT&T
telecommunication devices (originally telephones, and now internet and related
telecommunication services and related hardware). The number of employees that office at the
facility has changed over time, with the change in types of service and technology. While the
precise use has changed over the years, the use has always been commercial/utility. Service
personnel and related service vehicles have been a primary use of the facility. The only change
is that the type of telecommunication devices has changed due to technological progress. A
review of Google Earth historic images shows AT&T service vehicles parked in the Parking Lot
over a long period of years.
In the late 1960's, many employees worked at the facility, creating a parking issue with the
surrounding residential streets. The City intervened and asked AT&T for a solution. AT&T
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acquired 4 adjacent residential lots in 1970 for the purpose of installing the Parking Lot. AT&T
later expanded the Parking Lot with 2 additional lots in 1975.
Per the City Zoning Map, the building is in the C-Commercial Zone. The Parking Lot is divided
between 2 zones, and is subject to the AT&T Ordinances (see Exhibit C), which were
specifically adopted to permit the Parking Lot and its use. At the time of adoption, the Parking
Lot was zoned for single family housing only. Lots 1-4 are currently zoned as Residential SF3
and lots 5-6 are zoned PDD SF2. When the City passed its comprehensive rezoning in 1986,
the AT&T Ordinances were intentionally brought forward and are specifically referenced on the
City Zoning Map.
The facility was constructed, expanded and extensively renovated based on various approvals
issued by the City. The current uses are AT&T UVERSE operations and telecommunication
switching facility for the MOhawk exchange area. As contemplated by the AT&T Ordinances,
the Parking Lot supports these functions. This facility is critical for AT&T and supports high
quality telecommunications for the City of West University Place and surrounding areas. AT&T
has similar service facilities for its other exchange areas.
AT&T has enjoyed a long, positive relationship with the City, and has endeavored to be a good
corporate citizen.
ZBA Appeal
In recent years, certain complaints were filed with the City objecting to AT&T activities within the
Parking Lot. AT&T met numerous times with the City and modified its facility and operations to
address the concerns referenced in the complaints. The City always acknowledged AT&T's
right to use and occupy the Parking Lot for uses ancillary to the AT&T operations in the C-
Commercial zoned building, such as the use of a trash dumpster, recycle bins, access to the
loading dock, ferrying equipment to and from AT&T repair vans, and related activities common
to commercial parking lots.
In 2016, the City was asked whether the activities of loading, unloading, and stocking of AT&T
service vehicles with daily work supplies and the temporary inventorying of such supplies in the
Parking Lot are allowed uses. On April 7, 2016, the City correctly issued a Formal Decision of
the Administrative Official (the "City Decision"), signed by Ms. Debbie Scarcella, the City
Planner (see Exhibit D). The City Decision states that because the ordinances governing the
Parking Lot allowed the parking of vehicles owned by AT&T and/or its employees, then
"[i]t is expected that the loading/unloading and stocking of AT&T service vehicles would
necessarily occur on the site designated for parking such vehicles."
The City Decision is a reasonable and proper interpretation and is consistent with prior use of
the Parking Lot (and the City's long time prior interpretation). A neighbor appealed to the Board,
requesting that the Decision be reversed (See Exhibit E).
On June 23, 2016, the Board heard the appeal, and after a lengthy hearing, reversed the City
Decision by 4-1 vote, with the Chair, a Public Law specialist, voting to uphold the City Decision.
A major issue in the reversal was the Board's concern with the wording of the City Decision,
which did not place any limits on the permitted activities (other than the limits inherent in the
limited nature of the permitted activities — "loading/unloading and stocking of AT&T service
vehicles."). Because the matter before the ZBA was an appeal of the Decision, not a variance
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or special exception, there was no discretion for the ZBA to approve the Decision with
conditions. Under this tight procedural constraint, the ZBA reversed.
AT&T requested a rehearing, as permitted by the Board's rules (See Exhibit F). On July 28,
2016 the rehearing was held, and new evidence introduced by AT&T. Testimony by the
supervisor of the AT&T UVERSE service crews demonstrated i) the facility is not a warehouse
(an incorrect allegation made in the initial hearing), ii) that vehicle inventory shown in pictures
entered into evidence at the June 23, 2016 hearing occurs infrequently, and iii) the typical hours
for AT&T UVERSE service crews are limited. The new evidence also included the testimony of
John Neighbors, the Mayor Pro-Tern who chaired the City Commission meeting where
Ordinance No. 932 (authorizing parking lot use) was passed, to show the intention of the City
Commission to permit the type of uses approved in the City Decision. Mr. Neighbors supported
the Decision and a transcript of Mr. Neighbor's testimony is attached as Exhibit G. The Board
denied AT&T's request for rehearing.
On July 26, 2016, the Board entered in its records, its order reversing the Decision (Exhibit H)L
without specific reasons, and which was final and appealable. Due to a quirky state zoning law,
the order must be appealed within 10 days of when entered into the Board's record. Solely to
protect its legal rights, AT&T filed a Petition for Writ of Certiorari against the Board on August 4,
2016, to obtain judicial review of the order of the Board, as required in Texas Local Government
Code Section 211.011.
Following the appeal, attorneys for AT&T and the City agreed not to focus on the lawsuit, but to
discuss possible settlement strategies. The illness of the City Planner delayed discussions deep
into 2017. The parties mediated the appeal on January 30, 2018 and because of that mediation,
AT&T filed its original request for rezoning in an attempt to provide a formal process for the
Board to issue a Special Exception to permit Parking Use for the Parking Lots with reasonable
limitations and conditions.
Previous Rezoning Request:
AT&T previously requested that all the Parking Lot be placed in PDD SF2, along with a change
to the special exception to include incidental uses in parking lots on lots zoned PDD SF2
adjacent to commercial properties. This request was consistent with the settlement agreement
reached in the mediation.
After hearing feedback from its residential neighbors, both directly and though legal
representatives, AT&T withdrew the PDD SF2 Special Exception request. This new re-zoning
request more definitively addresses neighbor concerns and includes a number of specific
limitations concerning use of the Parking Lot.
Concerns/Responses
• "Incidental Use" is too broad/ambiguous- Deleted
• Buildings could be permitted- Prohibited
® Large trucks could be permitted- Trucks may not exceed 2 axles
(no 18 wheelers)
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If AT&T sold its facility, other C-Commercial
uses could be supported by the Parking Lot- Only AT&T vehicles (or its
employees) permitted.
Only vehicles related to
telecommunication business
(and employees) permitted
Primary use of lots remains
residential
• A Special Exception could be erroneously issued- Special Exception deleted
Authorized parking lot uses,
and limits incorporated
directly in PDD SF3
• Timing- Only 7am-7pm M-Sat. for
uses other than parking*
• City light and noise restrictions might not apply- Specified to apply
• No maintenance standard- Added, including required
monthly landscaping service
• Signage could be installed- Prohibited*
• Access to Ruskin possible- Prohibited
• Parking on Ruskin and Cason possible- Prohibited*
• Driving on Ruskin and Cason possible- Prohibited*
• Access should be from Academy via Bellaire- Required*
*minor, limited exceptions set forth in ordinance text — See Notes 12 & 13 below
Creation of PDD SF3
AT&T requests the creation of a new zone (PDD SF3) applicable to the Parking Lot in the form
of Exhibit I-1. PDD SF3 is identical to PDD SF2 (see comparison attached as Exhibit 1-2),
except, it permits parking lots uses in proposed new Notes 12 and 13 to Table 7-1 of the Zoning
Ordinance:
Note 12. Parking Lot Use in PDD-SF3. PDD-SF3 may be used for (i) parking, loading and
unloading and sorting/inventory of contents of vehicles, trucks and vans (2 axels
maximum) owned by AT&T and/or its employees only, as part of the
telecommunications business only, limited to 7am-7pm Monday-Saturday except
related to services to medical facilities, due to customer medical emergencies or
catastrophic events (storms, terrorist events, etc.), or parking only, which may occur at
other times, (ii) vehicles temporarily required for repairs/construction relating to the
adjacent building under common ownership, limited to the term of a valid City building
permit, (iii) no use (non-use is not abandonment), and (iv) any use permitted by a
current special exception. Washing, refueling and mechanical services are prohibited,
but minor emergency repairs (flat tire, dead battery, out of fuel, etc.) are permitted.
Transporting personal items (including food) to and from vehicles and adjacent
building under common ownership, and transporting trash, litter and materials to and
from vehicles and waste storage areas is permitted. Resting and phone calls are
4
permitted within vehicles. Structures are prohibited, unless permitted by a current
special exception. The parking lot shall comply with City Code, including light and
noise restrictions applicable to residential areas. The existing solid walls and gates,
and the landscaping outside the walls must be maintained in good condition. Monthly
landscaping services are required. No exterior signage is permitted, except as
required by law. Parking lot use on any lot in PDD-SF3 shall terminate upon: (i)
independent sale of the lot, or (ii) sale of all of AT&T's facility on Bellaire/Academy to
an entity not in the telecommunications business. Merger of AT&T into another entity
in the telecommunication business will not terminate the parking lot use.
Note 13. Access/Parking Limits in PDD-SF3 during Parking Lot Use. The following
limitations apply to Parking Lot use: (i) access is prohibited from the parking lot to
Ruskin St., (ii) parking/driving of vehicles owned by AT&T and/or its employees is
prohibited on Ruskin St. and Cason St., except for residents/invited quests, and
temporarily while providing telecommunication services to residents on those streets,
and (iii) access to/from the parking lot shall be from Bellaire Blvd. via Academy St. to
the parking lot except temporarily while providing telecommunication services to
residents on those streets.
Rezoning Analysis- PDD SF3
By rezoning Lots 1-6, Block 25 Collegeview Section One to PDD SF3, the City follows the past
legislative history and interpretation practice, which has consistently permitted the Parking Lot to
be used for parking, and ancillary uses, but will add significant, specific conditions and
limitations.
• Rezoning provides clarity as to permitted and prohibited uses. The Parking Lot is
already zoned by the AT&T Ordinances as parking use, but those ordinances are
ambiguous. This rezoning will moot the dispute over the City Decision. The AT&T
Ordinances will be rescinded.
• The City has an established zoning structure with site specific PDD zones. Another
PDD is appropriate for these 6 lots. The form of the proposed PDD SF3 is same as
the other PDD SF zones.
• The proposed PDD SF3 is, like the current zoning of the 6 lots, a primarily residential
single-family zone. The only non-residential permitted use will be parking lot use.
No buildings are permitted.
• The location of the 6 lots, a buffer area between C- Commercial uses with frontage
on Bellaire Blvd. and exclusively residential use across Ruskin and Academy, makes
it an appropriate are for special consideration.
• The long history of parking lot use, since 1970, and the adjacent parking lot use (in
the PDD SF2 zone — for the Whole Foods Shopping Center), support special
consideration.
This rezoning does not extend commercial use into residential areas. This area is already
zoned and used as commercial parking lot in addition to residential use.
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Formai Request:
AT&T respectfully requests creation of a new zone PDD SF3, and rezoning of Lots 1-6, Block
25, Collegeview Section One to PDD SF3.
Respectfully submitted,
ilsonribbs + God
- )
Bye Reid C. Wilson
Counsel for AT&T
Exhibits:
Exhibit A— Site Plan
Exhibit B— Zoning Map
Exhibit C— AT&T Zoning Ordinances No. 932 and 1039
Exhibit D— Formal Decision of the Administrative Official
Exhibit E— Appeal of the Formal Decision
Exhibit F— AT&T Request for Rehearing
Exhibit G— Transcript of John Neighbor's Testimony
Exhibit H— ZBA Order Reversing the Formal Decision
Exhibit I-1— Proposed PDD-SF3
Exhibit 1-2— Comparison of PDD SF2 and PDD SF3
Exhibit J— Mohawk exchange service area
7
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Exhibit "C"
141
ORDINANCE W IMBER 93?
ruU ORLINANCE AMENDING '.-'•RD•''UASCE NUMBER 111 OF THE CITY
Oi JEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 1,
2, 3, and L, BLOCK 25, COLLEGEVIEW F:RST ADDITION, CITY
OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING
PURPOSES S 7BJECT TO VARIOUS RESTRICTIONS; ANJ PROVIDING
AN EFFECTIV: DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF TI1F, CITY OF `NEST UNIVER-
SITY PLACE. TEXAS:
SECTTON 1. That Ordinance number 111 cf ,Ye City of West Univer-
sity Place, Texas, be and it is herebj amended by the addit' n theret. of
Section 24C, immediately follcwing Section 24B, which sa:i Section 24C shall
read as follows:
"Section 24C. Lots 1, 2, 3 and 4, Block 25, C 'llegeview First
Addition, City of West University Place, Texas, shall be used for the follow-
ing purposes and no o'ners:
A. A use that corforms in all respects t he reluirements as
to the use, lot size, location of main and accessory build-
ings, frontage, setbacks and size of main and accessory build-
ings, in Single Family Dwelling District Number VIII-A.
B. A parking lot fcr the parking of vehicles owned by the South-
wes'ern Bell Telephone Company and or i+s employees and wher
used for such purposes no s'ruc4ures of any kind shall be
constructed on said parking lot, except signs as provided in
Section C-(7) of this ordinance.
C. The use of said lots as a parking loi shall be conditioned
upon compliance with the following regulations, t -wit:
(1) Nc entrances or exits shall ue allowed on the Ruskin
Street side of the parking 1 t. All entrances and
exits shall be on Academy Street.
(_) A hedge shall be planted along the entire width of tYe
parking lot on Ruskir. Street and along the Academy
Stree' side of the parking lot in compliance with
Article V, Section 20.72 through and including Section
20.75 of the Code of Ordinances .f the City of West
University Place, Texas (Ordinance number 741).
. (3) An opaque fence or wall shall be constructed on the
east property line of Lot 4, beginning at the setback
line of Lot 5, which is 20 ft., preceding south along
the east property line of Lot 4, thence west along the
south property line of Lot 4 and a portion of Lot 3, to
its intcracction with the east property line of South-
western Bell Telephone Company's existing property, such
fence or wall to be a minimum of six (6) feet in height
and a maximum of seven (7) feet in height, from ground
level.
If, in compliance with the aforesaid provision, the
owner of the parking lot desires to erect a masonry
wall, such wall shall be constructed in accordance with
specifications for "masonry walls" in the Code of Ordi-
nances of the City of West University Place, Texas.
(4) There shall be a minimum of two (2) feet from the
property line to the edge of the parking surface.
(5) All parking area shall be paved with a stabilized
all-weather surface, or concrete, provided, however,
no concrete paving shall be placed over existing
sanitary sewer and water lines in the reserved
twenty (20) foot strip.
(6) If light is provided, it shall be of the type which
will illuminate the parking lot only.
(7) Signs for the purpose of identifying the property shall
not exceed six (6) square feet in area and shall be re-
stricted to locations at entrances and exits and if illu-
minated shall be a constant light source and not to be
intermittent or flashing light."
SECTION 2. This Ordinance shall be in full force and effect
immediately from and after its passage and approval by the Mayor.
PASSED AND APPROVED this 26th day of January, 1970.
Commissioners Voting Aye: All
Commissioners Voting No: None
i/J27 416 /L"-
Mayor
ATTEST:
le_ f*; :„ .
Assistant City Secretary
ORDINANCE NUMBER 1039
AN ORDINANCE AMENDING ORDINANCE NUMBER 111 OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 5, 6, 7, .
8, 9 AND 10, BLOCK 25, COLLEGEVIEW FIRST ADDITION, CITY
OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING
PURPOSES SUBJECT TO VARIOUS RESTRICTIONS; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1 . That Section 24C of Ordinance Number 111 of the City of
West University Place, Texas be, and it is hereby amended so that hereafter
said Section 24C shall read as follows:
"Section 24C. Collegeview First Addition; Block 25, Lots 1-10, Re-
strictions.
A. A .use that conforms in all respects to the requirements
as to the use, lot size, location of main and accessory
buildings, frontage, setbacks and size of main and acces-
sory buildings, in Single Family Dwelling District Number
VIII-A.
B. Lots 1 , 2, 3, 4, 5 and 6 may be used as a parking lot for
the parking of vehicles owned by the Southwestern Bell
Telephone Company and/or its employees. Lots 7,. 8, 9 and
10 may be used as a:parking lot for the parking of passen-
ger vehicles. All other vehicles are prohibited. When
such lots are used for the purposes of parking, no struc-
tures of any kind shall be constructed on said lots except
as provided in Section. 0 below.
"Passenger" vehicle is defined for the purposes of this
Section as any vehicle designed and used primarily for
the transportation of passengers and having a maximum
gross vehicular weight of 6,000 pounds.
C. The use of said lots as a parking lot shall be conditioned
upon compliance with the following regulations, to-wit:
1 . No entrance-exit shall be permitted onto Ruskin Street
from Lots 1 , 2, 3, 4, 5 and 6. The size, number and
location of curb cuts for entrance-exit onto Ruskin
Street and Weslayan Street from Lots 7, 8, 9-and 10
shall require approval of the City Commission upon
application by the owners of such lots, if and when
such lots are used for parking purposes.
2. A hedge shall be planted and/or an opaque fence or
wall constructed with a minimum height of 32' and a
maximum height of 42' on the property line bordering
Ruskin Street and Weslayan Street and bordering the
line of any adjacent lots which are not used for park-
ing purposes. The type of hedge or wall located on
the south line of the lots,: if any, shall be subject
to the approval of the Chief of the Fire Department.
If, in compliance with .the aforesaid provision, the
owner of the parking lot desires to erect-a masonry
wall , such wall shall be constructed in accordance
with specifications for "masonry walls" in the Code
of Ordinances of the City of West University Place,
Texas.
3. There shall be a minimum of two (2) feet from the
property line to the edge. of the parking surface.
4. All parking area shall be paved with a stabilized
all-weather surface, or concrete, provided, however,
no concrete paving shall be placed over existing
sanitary sewer and waterlines located in the
easement area.. •
5. Sufficient light shall be provided- to adequately
illuminate such lots and shall be*of the type which
will illuminate the parking lot only.
6. Signs for the purpose:of identifying,the property
shall not exceed six (6) square feet in area and
shall be restricted to locations at entrances and
exits and if illuminated shall be a constant light
source and. not to be intermittent or flashing light."
Section 2. This ordinance shall be in full force and effect immedia-
tely from and after its passage and approval by the Mayor.
PASSED AND APPROVED this 26th- day of May, 1975.
Commissioners Voting Aye: All
Commissioners Voting No: None
r/�4
lhayor
ATTEST:
// Or -
Assistant City Secretary
I
r
Exhibit "D"
The City of West University Place
1 _Nc iti hbo hood Cite
Office of the Administrative Official
City of West University Place,Texas("City")
FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL
Address of the building site: 4068 Bellaire Boulevard, 6707 Academy Street and "0" Ruskin Street
(Lots 1-6, Block 25 of Collegeview Section 1), City of West University
Place, Texas 77005. The building site is shown in the diagram below
(not to scale):
' 4140 4036 4032 4026 4024 4020 4016 4012 4006 4004
- RUSKIN STREET /
103 I 2174
, . �
Building site
I— w
IT
BT COMPANY I-
03 c
z
COMMERC AL �4-
J
• I.
BELLAIRE BLVD.
Owner: SOUTHWESTERN BELL TELEPHONE COMPANY DBA
AT&T Southwest,AT&T DataComm,AT&T Texas("AT&T")
208 South Akard Street, Ste 3608
Dallas,Texas 75202
Decisions Requested: Determine whether the activities of loading/unloading and stocking of
AT&T service vehicles with daily work supplies and the temporary
inventorying of such supplies in the designated parking area(which is on
the north portion of the building site,adjoining Ruskin)are allowed uses.
{00178244.DOC3}
AO Decision ATT Facility Page 1
3800 University Boulevard West University Place, TX 77005 I www.westutx.gov
0 r1~he City of west University Place
.....)
t \'ci.;h,„»-hood Citl
Ordinance Reference: Zoning Ordinance ("ZO") of the City of West University Place, Texas,
as amended. See Sections 7-101 (Table 7-1). See, also, City of West
University Place Ordinance Nos. 932 and Ordinance 1039, adopted in
1970 and 1975, respectively, which rezoned and authorized the use of
Lots 1-6 on the building site for parking(the"Parking Ordinances").
Administrative Official's
Findings: The ZO directly regulates most activities on the building site. The
building site is split among three different zoning districts. The south
part, adjoining Bellaire Boulevard, is in the Commercial "C" District.
Four of the lots on the north, adjoining Ruskin, are in the Single Family
"SF-3" District, and two are in the Planned Development District-Single
Family"PDD-SF2" District(formerly known as the PDD-TH6 District).
On all six of the northern lots, which comprise the parking area in
question (the "Parking Area"), commercial uses are normally prohibited
by Section 7-101, Table 7-1 of the ZO.1 However, the Parking
Ordinances expressly authorized the Parking Area to be used as a
parking lot for parking of vehicles owned by AT&T and its employees.
The Parking Ordinances further indicate that"when such lots are used for
the purposes of parking" then the Parking Area is subject to the alternate
regulations set forth in Section C of the same, thereby recognizing the
need to differentiate the property when used as a parking lot versus as
single family residential. The Parking Area was effectively rezoned
making parking the principal use of the Parking Area and directly tying
the use of the Parking Area to the adjacent commercial AT&T property.
Currently, the AT&T employees park their service vehicles in the
Parking Area and bring supplies out of the building to the vehicles. The
supplies are brought out of the building on dollies and handcarts down a
service ramp leading from a back door and platform. The platform and
ramp are contained within the commercially zoned property. At times,
the supplies from within the vehicles are brought out of the vehicle so
that an inventory can be taken and new supplies brought in to restock the
service vehicles.
Administrative Official's
Decision: The parking of AT&T service vehicles in the Parking Area is authorized
by the Parking Ordinances,which specifically tied the use of the Parking
Area to the use and ownership of the adjacent commercial property.
Service vehicles are required to have specific equipment and supplies in
order to serve their intended purpose. It is expected that the
Table 7-1 indicates that"utility or service use"is allowed. However,the questioned activities are not covered by the definition
of that use in Section 2-102 of the ZO. Because Lots 5 and 6 are in the PDD-SF2 District,Table 7-101,Note 5 allows the Zoning
Board of Adjustment to issue a special exception to allow non-residential parking on those two lots,subject to conditions. No
such special exception has been reported or found.
{00178244.D0C3}
AO Decision ATT Facility Page 2
II
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The C.in of West University Place
1 ,\'eighbo,rhoaxd Cin
loading/unloading and stocking of AT&T service vehicles would
necessarily occur on the site designated for parking such vehicles. The
Parking Ordinances focus on the types of structures not allowed in the
Parking Area, but do not prohibit activities that are incidental to the
parking of service vehicles. Because the questioned activities are
interrelated with parking and not prohibited by the Parking Ordinances,
they were authorized concomitantly with the authorization for the
parking of AT&T service vehicles in the Parking Area. Therefore, the
activities of loading/unloading and stocking AT&T service vehicles and
the temporary inventorying of supplies are allowed uses in the Parking
Area.
Effective Date & Appeals: This decision takes effect on the date it is signed. Persons listed in Section
211.010 of the Texas Local Government Code may appeal this decision. Appeals(including the deadline
for filing of appeals)are subject to and governed by applicable rules,ordinances and laws,including:
(X)Zoning Ordinance,
(X)Chapter 18,Code of Ordinances,
(X) Zoning Board of Adjustment"Rules of Procedure." IMPORTANT: Article II, Section 3 of
the Rules of Procedure generally requires that appeals be filed on or before the tenth City
business day following the date the Administrative Official "enters an order, ruling, decision, or
determination that is the subject of the appeal . . . ."
UNLESS APPEALED AS PROVIDED ABOVE, THIS DECISION WILL BECOME FINAL. IF
APPEALED, THIS DECISION CAN BE REVERSED, MODIFIED OR AFFIRMED BY THE ZONING
BOARD OF ADJUSTMENT. NOTHING IN THIS DECISION CREATES ANY VESTED RIGHT OR
PROPERTY RIGHT, BUT INSTEAD, ALL SITES, USES AND ACTIVITIES REMAIN FULLY
SUBJECT TO THE REGULATORY AUTHORITY OF THE CITY.
Other Administrative Remedies: In addition to the appeals mentioned above, other administrative
remedies may apply to matters covered by this decision. These include: (1) responding directly to the
Administrative Official, in person, by phone, by fax, by email or by mail (see contact information,
below); (2) applying to the Board of Adjustment for a variance, special exception or interpretation, as
applicable; (3) giving notices under Section 8-112 of the ZO for certain claims based on federal or state
law; and (4) applying to the Zoning & Planning Commission or City Council, or both, to add or change
applicable regulations. Applications to the Board of Adjustment or Zoning & Planning Commission
should be in writing or fax and may be delivered to the Administrative Official (see contact information,
below). Applications to the City Council should be in writing and delivered to the City Secretary, 3800
University Blvd., West University Place, Texas 77005. Members of the public may also address the
Board, Commission or Council in person during a meeting. Dates, times and places of meetings of the
Board, Commission and Council are posted at 3800 University Blvd., West University Place, Texas
77005 and on the City's website: http://www.westutx.gov/.
Generally. This decision does not authorize, allow or excuse any violations or failures to comply with
the Zoning Ordinance or other laws, ordinances, rules or regulations. Penalties, sanctions and other
remedies continue to apply to any such violations and failures to comply. This decision is not an order,
but it is a notice of violation as contemplated by Section 54.017,Texas Local Government Code.
{00178244.D0C3}
AO Decision ATT Facility Page 3 AP
woRK
rtes
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The City of West University Place
t .A'c•ig-hbotluxxl Cin'
CITY OF WEST UNIVERSITY PLACE
Date entered: April 7,2016 By: Debbie,Sca rce�la'
Administrative Official
3826 Amherst,West University Place,TX 77005
Phone:713-662-5839;Fax:713-662-5369
Email: dscarcella @westutx.gov
Date delivered to owner: 4-7-16 Delivered by: (electronic and regular mail)
Additional copies of this decision were delivered as follows:
Reid Wilson, Legal Counsel(by electronic transmission on: 4-7-16)
Karen Jones, Facility Manager(by electronic transmission on: 4-7-16)
Robert Grossman(by electronic transmission on: 4-7-16)
David Cole(by electronic transmission on: 4-7-16)
{00178244.D0C3}
AO Decision ATT Facility Page 4 To P
VK
PLACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
•
The City of West University Place
1 ,A'cighborhoocl(;itt
(This Addendum is an integral part of the foregoing notice entitled
"FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL.")
ADDENDUM REGARDING OWNERSHIP OF THE
REAL PROPERTY("BUILDING SITE")DESCRIBED IN THE FOREGOING NOTICE
TO: SOUTHWESTERN BELL TELEPHONE COMPANY: According to the real property records of
Harris County,you own the real property described in the attached notice. If you no longer own the
property,you must execute an affidavit stating that you no longer own the property and stating the name
and last known address of the person who acquired the property from you. The affidavit must be
delivered in person or by certified mail,return receipt requested,to this office not later than the 20th day
after the date you receive this notice. If you do not send the affidavit,it will be presumed that you own
the property described in this notice,even if you do not.
This Addendum is submitted pursuant to Section 54.005 of the Texas Local Government Code. You may
use the affidavit shown below to state that you no longer own the property described in the foregoing
notice(referred-to as the"building site"). It must be delivered to this office(see address below)within 20
days.
SIGNED AND SUBMITTED:
By: ,Administrative Official Date:
Address of this office: 3826 Amherst, West University Place,TX 77005
AFFIDAVIT
THE STATE OF X
COUNTY OF X
BEFORE ME,the undersigned authority,on this day personally appeared the undersigned person,who being by
me first duly sworn,did upon his or her oath depose and say:
(1) My name is(insert): . I am a duly authorized representative of
SOUTHWESTERN BELL TELEPHONE COMPANY.
(2) SOUTHWESTERN BELL TELEPHONE COMPANY does not own the property described in the
foregoing notice.
(3) The name and last known address of the person who acquired the property from SOUTHWESTERN
BELL TELEPHONE COMPANY are as follows:(insert)
SIGNED:
SWORN TO AND SUBSCRIBED before me on ,20
(SEAL)
My commission expires: Notary Public
{00178244.D0C3}
AO Decision ATT Facility Page 5 oP
PLACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
Exhibit "E"
V�4 i1N,r.
r •9
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: "0"Ruskin Street City of West University Place,Texas 77005
Legal description of the site:
Lots 1-6,Block 25 of Collegeview Section 1,City of West University Place Texas 77005
Applicant: Robert Grossman
Address: 4103 Ruskin ST,City of West University Place,Texas 77005
Contact: Robert Grossman Phone: 832 877 0158 Fax: not available Email: rhgrossman @aol.com
Decision or Action Requested(check one or more and provide requested data):
( )Appeal.Hear and decide an appeal from an order,requirement, decision or determination made
by the Administrative Official.
• Is the official's action in writing?(X)Yes;(X)copy is attached. ( )No,but the action appealed is as follows:
• When was the action taken? 4-7.16 Note:Appeals must be filed within a reasonable time. Please explain any
delay below: Filing is timely and In accordance with the direction of the administrative official.
• Exact zoning ordinance section(s) involved:
Section 7.101(Table 7-1)West Univesity Place Ordinances No.932 AND 1039
ARTICLE 2.-DEFINITIONS AND INTERPRETATIONS Section 2-100,Section 2-101,Section 2-102.
ARTICLE 10.-PARKING AREAS,DRIVEWAYS AND LOADING AREAS Section 10-104.-Loading spaces.
Section 5-100.-Requirement for building site. Section 5-101.-Designation of building site.
Section 5-102.-Division of building sites.
• Grounds for appeal:
Error in the Formal Decision of the Administrative Official dated 4.07-16.Request for reversal and revision.
Authorized by Texas Local Government Code 211.009 AUTHORITY OF BOARD.(a)(1)and(b)
Argument
Ordinances 932 and 1039 authorize parking of certain vehicles or residential use, Southwestern Bell owns 6707 Academy
4068 Bellaire Blvd which were and are today zoned commercial. Commercial use was not expected or authorized on
lots 1-6,Block 25 of Collegeview Section 1,City of West University Place by either Ordinance 932 and Ordinance 1039.
or In the minutes of the City Commissions that enacted ordinances 932 or 1039.
( )Special Exception. Not requested
• Exact zoning ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
( )Variance. Not requested
• Exact zoning ordinance section from which a variance is requested:
• Exact wording of variance requested:
Other Data. Are there drawings or other data?)No ( )Yes(frst items here and attach them)
Attached.The applicant ha 01 • State and City regulations attached.
/
Signature of applicant: '..221411.11,— / Date: — `3
For Staff Use only Date filed: . 'a . / Date heard: ' Docket#:. \ ,0 -D
Form ZBA•102
Narrative
Ordinances 932 and 1039 authorize parking of vehicles owned by
Southwestern Bell or its employees, or residential use. Southwestern
Bell owns 6707 Academy 4068 Bellaire Blvd which were and are today
zoned commercial.
As evidenced by the plain text of the referenced ordinances and the
minutes of City Commission that enacted the ordinances, commercial use
was not expected or authorized on lots 1-6 . Block 25 of Collegeview
Section 1, City of West University Place.
Loading, unloading stocking and counting of commercial equipment and
supplies are commercial activities which are not parking and are not
residential and are therefore prohibited.
(g.‘41
C..
The City of West University Place
....)
. I Neigh burl uxx I Cite
Office of the Administrative Official
City of West University Place,Texas("City")
FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL
Address of the building site: 4068 Bellaire Boulevard, 6707 Academy Street and "0" Ruskin Street
(Lots 1-6,Block 25 of Collegevicw Section 1), City of West University
Place, Texas 77005. The building site is shown in the diagram below
(not to scale):
J ' 11040 4036 4032 4020 4024 4020 4018 4012 4006 UV 1 I .040#
f
- I
RUSKiN STREET �
1C3 1 ' .477.0prlyr Iv ,... . I I 411411,410f
II Building site 1_ '
_ 1 I �w
F-
73 CO
IZ
r A
g
Ks)
_ .
■ .
BELLAIRE BLVD.
Owner: SOUTHWESTERN BELL TELEPHONE COMPANY DBA
AT&T Southwest,AT&T DataComm,AT&T Texas("AT&T")
208 South Akard Street,Ste 3608
Dallas,Texas 75202
Decisions Requested: Determine whether the activities of loading/unloading and stocking of
AT&T service vehicles with daily work supplies and the temporary
inventorying of such supplies in the designated parking area(which is on
the north portion of the building site,adjoining Ruskin)are allowed uses.
(00178244.D0C3)
AO Decision ATT Facility Page 1 TOP
rah
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
riC.
The City of West Uri i`'cr-sity Place
ii
1.\'cti hbo hoocl Cain
Ordinance Reference: Zoning Ordinance ("ZO") of the City of West University Place, Texas,
as amended. See Sections 7-101 (Table 7-1). See, also, City of West
University Place Ordinance Nos. 932 and Ordinance 1039, adopted in
1970 and 1975, respectively, which rezoned and authorized the use of
Lots 1-6 on the building site for parking(the"Parking Ordinances").
Administrative Official's
Findings: The ZO directly regulates most activities on the building site. The
building site is split among three different zoning districts. The south
part, adjoining Bellaire Boulevard, is in the Commercial "C" District.
Four of the lots on the north, adjoining Ruskin, are in the Single Family
"SF-3" District, and two are in the Planned Development District-Single
Family"PDD-SF2" District(formerly known as the PDD-TH6 District).
On all six of the northern lots, which comprise the parking area in
question (the "Parking Area"), commercial uses are normally prohibited
by Section 7-101, Table 7-1 of the ZO.' However, the Parking
Ordinances expressly authorized the Parking Area to be used as a
parking lot for parking of vehicles owned by AT&T and its employees.
The Parking Ordinances further indicate that"when such lots are used for
the purposes of parking" then the Parking Area is subject to the alternate
regulations set forth in Section C of the same, thereby recognizing the
need to differentiate the property when used as a parking lot versus as
single family residential. The Parking Area was effectively rezoned
making parking the principal use of the Parking Area and directly tying
the use of the Parking Area to the adjacent commercial AT&T property.
Currently, the AT&T employees park their service vehicles in the
Parking Area and bring supplies out of the building to the vehicles. The
supplies are brought out of the building on dollies and handcarts down a
service ramp leading from a back door and platform. The platform and
ramp are contained within the commercially zoned property. At times,
the supplies from within the vehicles are brought out of the vehicle so
that an inventory can be taken and new supplies brought in to restock the
service vehicles.
Administrative Official's
Decision: The parking of AT&T service vehicles in the Parking Area is authorized
by the Parking Ordinances,which specifically tied the use of the Parking
Area to the use and ownership of the adjacent commercial property.
Service vehicles are required to have specific equipment and supplies in
order to serve their intended purpose. It is expected that the
t Table 7-1 indicates that"utility or service use"is allowed. However,the questioned activities are not covered by the definition
of that use in Section 2-102 of the ZO. Because Lots 5 and 6 are in the PDD-SF2 District,Table 7-101,Note 5 allows the Zoning
Board of Adjustment to issue a special exception to allow non-residential parking on those two lots,subject to conditions. No
such special exception has been reported or found.
(00178244.D0C3 I
AO Decision ATT Facility Page 2 TOP
KArSs
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
0 C..
The City of West University Place
t \'cihburhuncl C in
loading/unloading and stocking of AT&T service vehicles would
necessarily occur on the site designated for parking such vehicles. The
Parking Ordinances focus on the types of structures not allowed in the
Parking Area, but do not prohibit activities that are incidental to the
parking of service vehicles. Because the questioned activities are
interrelated with parking and not prohibited by the Parking Ordinances,
they were authorized concomitantly with the authorization for the
parking of AT&T service vehicles in the Parking Area. Therefore, the
activities of loading/unloading and stocking AT&T service vehicles and
the temporary inventorying of supplies are allowed uses in the Parking
Area.
Effective Date & Appeals: This decision takes effect on the date it is signed. Persons listed in Section
211.010 of the Texas Local Government Code may appeal this decision. Appeals(including the deadline
for filing of appeals)are subject to and governed by applicable rules,ordinances and laws,including:
(X)Zoning Ordinance,
(X)Chapter 18,Code of Ordinances,
(X)Zoning Board of Adjustment"Rules of Procedure." IMPORTANT: Article II, Section 3 of
the Rules of Procedure generally requires that appeals be filed on or before the tenth City
business day following the date the Administrative Official "enters an order, ruling, decision,or
determination that is the subject of the appeal . . . ."
UNLESS APPEALED AS PROVIDED ABOVE, THIS DECISION WILL BECOME FINAL. IF
APPEALED,THIS DECISION CAN BE REVERSED,MODIFIED OR AFFIRMED BY THE ZONING
BOARD OF ADJUSTMENT. NOTHING IN THIS DECISION CREATES ANY VESTED RIGHT OR
PROPERTY RIGHT, BUT INSTEAD, ALL SITES, USES AND ACTIVITIES REMAIN FULLY
SUBJECT TO THE REGULATORY AUTHORITY OF THE CITY.
Other Adntittistrative Remedies: In addition to the appeals mentioned above, other administrative
remedies may apply to matters covered by this decision. These include: (1) responding directly to the
Administrative Official, in person, by phone, by fax, by email or by mail (see contact information,
below); (2) applying to the Board of Adjustment for a variance, special exception or interpretation, as
applicable; (3) giving notices under Section 8-112 of the ZO for certain claims based on federal or state
law; and (4) applying to the Zoning& Planning Commission or City Council, or both, to add or change
applicable regulations. Applications to the Board of Adjustment or Zoning & Planning Commission
should be in writing or fax and may be delivered to the Administrative Official (see contact information,
below). Applications to the City Council should be in writing and delivered to the City Secretary, 3800
University Blvd., West University Place, Texas 77005. Members of the public may also address the
Board, Commission or Council in person during a meeting. Dates, times and places of meetings of the
Board, Commission and Council are posted at 3800 University Blvd., West University Place, Texas
77005 and on the City's website: http://www.westutx.nov/.
Generally. This decision does not authorize, allow or excuse any violations or failures to comply with
the Zoning Ordinance or other laws, ordinances, rules or regulations. Penalties, sanctions and other
remedies continue to apply to any such violations and failures to comply. This decision is not an order,
but it is a notice of violation as contemplated by Section 54.017,Texas Local Government Code.
(00178244.D0C3)
AO Decision ATT Facility Page 3 TOP
PLAOS
womc
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
I()C..
The City of West University Place
.)
. 1 .\'citi l ibo l itx.cl On
CITY OF WEST UNIVERSITY PLACE
Date entered: April 7,2016 By: Debbi.eiSca.rceU.a'
Administrative Official
3826 Amherst,West University Place,TX 77005
Phone:713-662-5839;Fax:713-662-5369
Email: dscarcella @westutx.gov
Date delivered to owner: 4-7-16 Delivered by: (electronic and regular mail)
Additional copies of this decision were delivered as follows:
Reid Wilson,Legal Counsel(by electronic transmission on:4-7-16)
Karen Jones,Facility Manager(by electronic transmission on: 9-7-161
Robert Grossman(by electronic transmission on: 4-7-16)
David Cole(by electronic transmission on: 4-7-16)
(00178244.D0C3}
AO Decision ATT Facility Page 4 oP
RACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
Tlic City of West University Place
. 11\'cii,hburhood Cin
(This Addendum is an integral part of the foregoing notice entitled
"FORMAL DECISION OF THE ADMINISTRATIVE OFFICIAL.')
ADDENDUM REGARDING OWNERSHIP OF THE
REAL PROPERTY("BUILDING SITE")DESCRIBED IN THE FOREGOING NOTICE
TO: SOUTHWESTERN BELL TELEPHONE COMPANY: According to the real property records of
Harris County,you own the real property described in the attached notice. If you no longer own the
property,you must execute an affidavit stating that you no longer own the property and stating the name
and last known address of the person who acquired the property from you. The affidavit must be
delivered in person or by certified mail,return receipt requested,to this office not later than the 20th day
after the date you receive this notice. If you do not send the affidavit,it will be presumed that you own
the property described in this notice,even if you do not.
This Addendum is submitted pursuant to Section 54.005 of the Texas Local Government Code. You may
use the affidavit shown below to state that you no longer own the property described in the foregoing
notice(referred-to as the"building site"). It must be delivered to this office(see address below)within 20
days.
SIGNED AND SUBMITTED:
By: ,Administrative Official Date:
Address of this office: 3826 Amherst,West University Place,TX 77005
AFFIDAVIT
THE STATE OF X
COUNTY OF X
BEFORE ME,the undersigned authority,on this day personally appeared the undersigned person,who being by
me first duly sworn,did upon his or her oath depose and say:
(I) My name is(insert): . I am a duly authorized representative of
SOUTHWESTERN BELL TELEPHONE COMPANY.
(2) SOUTHWESTERN BELL TELEPHONE COMPANY does not own the property described in the
foregoing notice.
(3) The name and last known address of the person who acquired the property from SOUTHWESTERN
BELL TELEPHONE COMPANY are as follows:(insert)
SIGNED:
SWORN TO AND SUBSCRIBED before me on ,20___
(SEAL)
My commission expires: Notary Public
0{00178244.DOC3)
AO Decision ATT Facility Page 5 TOP
WORX
ftActs
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
West University Place Zoning Ordinances: APPENDIX A-ZONING ORDINANCE*
ARTICLE 2. -DEFINITIONS AND INTERPRETATIONS
Section 2-100.-Rules of Construction.
In this ordinance:
(3) Words not specially defined in this ordinance are used in their common ordinary senses, except
that special terms used in the context of criminal violations (such as "affirmative defense" and
"presumption") are intended to have the same meanings as in the Texas Penal Code.
Section 2-101.-Intent and effect of law.
The intent of this ordinance and of the use of particular undefined words is to be determined from the
whole ordinance and not from a narrow reading of a particular sentence or phrase. This ordinance shall be
interpreted and applied in accordance with the constitutions and laws of the State of Texas and the federal
government of the United States of America as well as the Charter of the City.
Section 2-102.-Certain terms.
Certain terms in this ordinance, whether capitalized or not, are defined as follows for purposes of this
ordinance:
Parking area.An outdoor area designated or improved to store motor vehicles.The term includes parking"pads."
Residential purposes (or uses). Ordinary domestic purposes (or uses), not involving any business,
commercial, industrial or institutional activity, whether carried on for profit or not. Providing any good or
service, or offering to provide it, on or from any premises to or for anyone who does not reside on the
same premises in exchange for any money or thing of value, whether demanded or accepted, is a
business activity. However, in any proceeding where the presence of a business activity under this
ordinance is an issue, it shall be an affirmative defense that the alleged business activity was only an
incidental sale or was part of a home occupation, but such an affirmative defense shall not apply to any
alleged violation of another ordinance of the City unless the other ordinance so provides.
Section 10-104.-Loading spaces.
On the same building site with every building used for non-residential purposes there must be
adequate loading space, separate and apart from the off-street parking spaces. The amount of loading
space shall be sufficient in size and configuration to avoid the possibility that loading or unloading would
obstruct a street or sidewalk, taking into account the proposed use of the building and the types of vehicles
likely to serve it. However, there must be at least one loading area(10 wide by 30 feet long)for each
20,000 square feet of gross floor area, or fraction thereof, of building space likely to require loading space.
Loading areas do not satisfy this section unless they are located within 200 feet(measured in a straight
line horizontally) of the farthest point in the building space they serve.
Section 5-100.-Requirement for building site. Section 5-101.-Designation of building site.
Section 5-102.- Division of building sites.
Common/Ordinary definitions by Merriam-Webster
Commercial. related to or used in the buying and selling of goods and services. : concerned with earning
money. : relating to or based on the amount of profit that something earns.
Park. to leave temporarily on a public way or in a parking lot or garage bring (a vehicle that one is driving)
to a halt and leave it temporarily, typically in a parking lot or by the side of the road.
111.2.
ORDINANCE NUMBER 1039
AN ORDINANCE AMENDING ORDINANCE NUMBER Ill OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 5, 6, 7,
8, 9 AND 10, BLOCK 25, COLLEGEVIEW FIRST ADDITION, CITY
OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING
PURPOSES SUBJECT TO VARIOUS RESTRICTIONS; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That Section 24C of Ordinance Number 111 of the City of
West University Place, Texas.be,' and it is hereby amended so that hereafter
said Section 24C shall read at follows:
"Section 24C. Collegeview First Addition; Block 25, Lots 1-10, Re-
strictions.
A. A use that conforms in all respects to the requirements
as to the use, lot size, location of main and accessory
buildings, frontage, setbacks and size of main and acces-
sory buildings, in Single Family Dwelling District Number
VIII-A.
B. Lots 1, 2, 3, 4, 5 and 6 may be used as a parking lot for
the parking of vehicles owned by the Southwestern Bell
Telephone Company and/or its employees. Lots 7, 8, 9 and
10 may be used as a_'parking' lot for the parking of passen-
ger vehicles. All other vehicles are prohibited. When
such lots are used for the purposes of parking, no struc-
tures of any kind shall be constructed on said lots except
as provided in Section:C below.
"Passenger" vehicle is defined for the purposes of this
Section as any vehicle designed and,used primarily for
the transportation of passengers and having a maximum
gross vehicular weight of 6,000 pounds.
C. The use of said lots as a parking lot shall be conditioned
upon compliance with the following regulations, to-wit:
I. No entrance-exit shall be permitted onto Ruskin Street
from Lots 1 , 2, 3, 4, 5 and 6. The size, number and
location of curb cuts for entrance-exit onto Ruskin
Street and Weslayan Street from Lots 7, 8, 9:and 10
shall require approval of the City Commission upon
application by the owners of such lots, if and when
such lots are used for parking purposes.
2. A hedge shall be planted and/or an opaque fence or
wall constructed with a minimum height of 315' and a
maximum height of 4 ' on the property line bordering
Ruskin Street and Weslayan Street and bordering the
1.141
line of any adjacent lots which are not used for park-
ing purposes. The type of hedge or wall located on
the south line of the lots; if any, shall be subject
to the approval of the Chief of the Fire Department.
If, in compliance with.the aforesaid provision, the
owner of the parking lot desires to erect a masonry
wall , such wall shall be constructed in accordance
with specifications for "masonry walls" in the Code
of Ordinances of the City of West University Place,
Texas.
3. There shall be a minimum of two (2) feet from the
property line to the edge. of the parking surface.
4. All parking area shall be paved with a stabilized
all-weather surface, or concrete, provided, however,
no concrete paving- shall be placed over existing
sanitary sewer and 'water lines located in the
• easement area.. •
•
5. Sufficient light shall be provided to adequately
illuminate such lots and shall be of the type which
will illuminate the parking lot Only.
6. Signs for the purpose:of identifying the property
shall not exceed six (6) square feet in area and
shall be restricted to locations at entrances and
exits and if illuminated shall be a Constant' light
source and. not to be intermittent or flashing light."
Section 2. This ordinance shall be in full force and effect immedia-
tely from and after its passage and approval by the Mayor.
PASSED AND APPROVED this 26th• day of May, 1975.
Commissioners Voting Aye: All
Commissioners Voting No: None
.1/ t els
Mayor
ATTEST:
Assistant City Secretary
J.
ORDINANCE N'TTiER 93?
AA ORLINANCE AMENDING CRD_ JA.CCE NUMBER 111 OF THE CITY
or ;TEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 1,
2, 3, and U, BLOCK 25, COT.T,FGEVIE;T FIRST ADDITIOi;, CITY
OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING
PcRPOSES S TBJECT TC VARIOUS RESTRICTIONS; ANJ PROVIDING
AN EFFECTIJD DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF TI1F CITY CF WEST UNIVER-
SITY PLACE. TEXAS:
SECTION 1. That Ordinance number 111 c.f tte City of West Univer-
sity Place, Texas, be and it is hereby amended by the adlit' n theret. of
Section 24C, immediately following Section 24B, which sad Section 24C shall
read as fellows:
"Sec+ion 24C. Lots 1, 2, 3 and 4, Block 25, C •llegeview First
Addition, City of ;Test University Place; Texas, shall be usel for the follow-
ing purpses and no o'ners:
A. A use that corforms in all respects t he reiuirements as
to the use, lot size, location of main and accessory build-
ings, frontage, setbacks and size of main and accessory build-
ings, in Single Family Dwelling District Number VIII-A.
B. A parking lot f.;r the parking of veh_eles owned by the South-
wes' ern Bell Telephone Company and or i+s employees and wher
used for such purposes no s' ruc4ures of any kind shall be
constructed on said parking lot, except signs as provided in
Seccion C-(7) of this ordinance.
C. The use of said lots as a parking loi shall be conditioned
upon compliance with the following regulations, t -wit:
(i) Nc entrances or exits shall be alloued on the Rusk'n
Street side of the parking 1 t. All entrances and
exits shall be on Academy Street.
( ) A hedge shall be planted along the entire wid`h of tYe
parking lot on Ruskir. Street and along the Academy
Stree' side of the parking lot in compliance with
Article V, Section 20.' 2 through and including Section
20.75 of the Code of Ordinances Lf the City of West
University Place, Texas (Ordinance number 741) .
1.2,8
(3) An opaque fence or wall shall be constructed on the
east property line of Lot 4, beginning at the setback
line of Lot 5, which is 20 ft. , preceding south along
the east property line of Lot 4, thence west along the
south property line of Lot 4 and a portion of Lot 3, to
its intcrscction with the east property line of South-
western Bell Telephone Company's existing property, such
fence or wall to be a minimum of six (6) feet in height
and a maximum of seven (7) feet in height, from ground
level.
If, in compliance with the aforesaid provision, the
owner of the parking lot desires to erect a masonry
wall, such wall shall be constructed in accordance with
specifications for "masonry walls" in the Code of Ordi-
nances of the City of West, University Place, Texas.
(4) There shall be a minimum of two (2) feet from the
property line to the edge of the parking surface.
(5) All parking area shall be paved with a stabilized
all-weather surface, or concrete, provided, however,
no concrete paving shall be placed over existing
sanitary sewer and water lines in the reserved
twenty (20) foot strip.
(6) If light is provided, it shall be of the type which
will illuminate the parking lot only.
(7) Signs for the purpose of identifying the property shall
not exceed six (6) square feet in area and shall be re-
stricted to lc,cations at entrances and exits and if illu-
minated shall be a constant light source and not to be
intermittent, or flashing light."
SECTION 2. This Ordinance shall be in full force and effect
immediately from and after its passage and approval by the Mayor.
PASSED AND APPROVED this 26th day of January, 1970.
Commissioners Voting Aye: All
Commissioners Voting No: None
le
Atd
A,
Ma ro r
ATTEST:
Assistant City Secretary
PUBLIC HEARING
CITY COMMISSION AND ZONING AND PLANNING COMMISSION
JANUARY 131 1970
The City Commission of the City of West University Plce and the Zoning and Plan-
ning Commission of the City of West University Place convened at 7:30 p.m., at the
City Hall, for the purpose of holding a Public Hearing called for this date, with
the following members present: Mayor Homer L. Ramsey, presiding; Commissioners
Neighbors, Proctor, Scott and Wallin; Zoning and Planning members, David Hannah,
Chairman, presiding; members Bricker, Hilton, Hines and Lott. The City Attorney
and City Manager were also present.
Mayor Ramsey stated that this public hearing was being held jointly and simu-
taneously by the City Commission and Zoning and Planning Commission for the pur-
pose of giving consideration to rezoning from Single Family Dwelling to vehicle
parking by employees of the Southwestern Bell Telephone Company and vehicles
owned by the company, the following property:
Lots 1,2, 3 and 4, Block25
Collegeview 1st Addition
City of West University Place
Motion by Commissioner Wallin, seconded by Commissioner Scott, that the public
hearing called by the City Commission be opened.
Voting AyeL All Voting No: None
Motion by Mr. Hilton, seconded by Mr. Hines, that the pbulic hearing called by
the Zoning and P1Rnning Commission be opened. --
Voting Aye: All Voting No: None
Mayor Ramsey requested that Zoning and Planning Commission Chairman David Hannah
explain the action taken by that Commission on the original application filed by
the Southwestern Bell Telephone Company.
Chairman Hannah stated that on November 13, 1969 an application for rezoning of
the property in question was received by the Zoning and Planning Commission for
parking from the Southwestern Bell Telephone Company. In an official meeting of
the Zoning and P1Rnning Commission on November 13, 1969 a decision was made to
consider the application. A recessed meeting of the Zoning and Planning Commission
was held on November 18, 1969 and a Public Hearing called for 8:00 p.m., Thursday,
December 11, 1969.
On November 19, 1969 the Zoning and Planning Commission filed its preliminary
report with the City Commission notice of the public hearing was mailed to all
property owners within a 200' radius of the property on November 19, 1969 and
proper legal notice was published in the regular legal section of the Houston
Post on November 22, 1969.
On December 11, 1969 the Zoning and Planning Commission held its public hearing
and filed a report of such hearing with the City Commission on December 22, 1969.
Mayor Ramsey requested that City Attorney Charles Cockrell determine that all —
legal requirements in connection with the public hearing had been fulfilled.
Mr. Cockrell was advised by Assistant City Secretary, Mrs. Lee Lockard, that all
notices had been mailed to property owners within a 200' radius, legal notices
' published in the Houston Post, official newspaper of the city, and all things
prerequisite to the holding of a public hearing had been accomplished.
Mr. Cockrell advised those in attendance that if they wished to be heard, either
for or against the proposed rezoning, they should rise and take the Oath as
administered by Mayor Ramsey.
Mayor Ramsey then administered the Oath to all .those desiring to be heard.
Mr. Howard Burney, District Manager of the MOhawk Exchange of the Southwestern
Bell Telephone Company, stated the proposed off-street parking for their employees
on Lots 1, 2, 3 and 4, Block 25, Collegeview 1st, was to control a long standing
,.� problem. He stated they were deeply sympathetic with the residents in the area
r-� where Telephone Company employees were parking in front or at the side of their
homes causing problems for them, and he felt this was the best possible solution.
V Mr. Burney stated that the Telephone Company is now in the midst of constructing
a third story on their exisiting building and after completion they would regain
42 parking spaces. These spaces, together with those proposed for the parking
lot, would provide 100% employee parking.
Mr. Dusty Rhodes, 3606 Georgetown; Mrs. Jackie Patterson 3616 Amherst, Mr.
Arthur Goldman, 4032 Ruskin, Mr. W. T. Durow, 4007 Ruskin, Mrs. W. B. Bennett,
4118 Riley and Mrs. Sue Myers, 2619 Robinhood, spoke in opposition to the pro-
posed rezoning, stating that they thought this would be "spot zoning:; that it
_ infringed into a residential area; that it was the first step in breaking the
strong zoning laws enjoyed by residents for many years and that consideration
should be given to the purchase of property on Bellaire Boulevard that has pre-
viously been, zoned for this purpose.
Mr. Cockrell advised that this was not considered "spot Zoning" because it is
contiguous to the Company's existing operation; that you cannot keep a utility
company out of an area and that each application for rezoning is considered on
its own merits.
Mr. and Mrs. H. J. Hicks, 4027 Ruskin, stated that they would not intentional-1y do
anything to jeopardize zoning in the City of West University Place in any way,
but would like to see action toward implementation of the recommendations con-
tained in the Caudill, Rowlett and Scott report and consideration given to re-
zoning all of Bloacks 24 and 25.
Letters from Mrs. Sally Nicholson, 4029 Riley, Mr. W. P. Schuller, 4039 Riley,
and Mrs. Bede Miles, 4019 Riley were presented stating that they were in favor
of the rezoning and thought that a very bad parking situation would be alleviated.
Mr. I. W. Perry, 4037 Riley, Mr. J. A. Morin, 4019 Ruskin, Mrs. W. T. Durham,
Mrs. Bill Rogde, 4101 Case, Mr. W. L. Partridge, 4040 Ruskin and Mr. Bill Ebanks,
4029 Case, spoke in behalf of the rezoning, stating that this was the best pos-
sible solution to a long standing parking problem faced by residents of the
area; it would be a definite safety factor for employees of the Telephone Company
and area residents; that no entrances or exits should be permitted on Ruskin
Street; and that early consideration should be given to the possibility of re-
zoning the balance of Block 25.
In answer to questions regarding the "No Parking: signs now located in the area
and the possibility that creation of the parking lot would not prevent employees
of the Telephone Company from still parking on the streets, the City Manager
stated that all of the signs would be removed as soon as employees were using
the lot, and that convenience and safety factors would insure use by employees.
Mr. Cockrell stated that inasmuch as there were no further questions or state-
ments the public hearing could be closed, and that the City Commission and Zoning
and Planning Commission, if they felt they had sufficient information, could
take necessary action at this time or postpone action for further study.
Motion by Commissioner Neighbors, seconded by Commissioner Proctor, that the
Public Hearing called by the City Commission be closed.
Voting Aye: All Voting No: None
Mr. Hilton stated that he would like Mr. Burney to affirm that the parking lot
construction, if permitted, would be used as a parking lot for employees of the
Telephone Company during normal working hours and that no houses for "checking
in and out: would be constructed. Mr. Burney stated that this was correct. •
Motion by Mr. Bricker, seconded by Mr. Lott, that the Public Hearing called by
the Zoning and P1 nning Commission be closed. .
Voting Aye: All Voting No: None
Mr. Hines stated that the plans for the parking lot would have latitude insofar
as location of entrances and exits and that consideration should be given at an
early date to the possibility of extending the re-zoning to cover all of Block
25.
Motion by Mr. Hilton, seconded by Mr. Lott, that the Zoning and Planning Commission
recommend to the City Commission that the city's zoning ordinance be amended to
provide that Lots 1, 2, 3 and 4, Block 25, Collegeview 1st Addition be rezoned
for use for parking automobiles owned by employees of the Southwestern Bell Tele-
phone Company.
Voting Aye: All Voting No: None
Motion by Commissioner Proctor, seconded by Commissioner Scott, that the recom-
mendation of the Zoning and P1Anning Commission be adopted and the City Attorney
be instructed to prepare an ordinance to amend the Zoning Ordinance to rezone
Lots 1, 2, 3, and 4, Block 25, Collegeview 1st Addition for use for parking auto-
mobiles owned by employees of the Southwestern Bell Telephone Company.
Voting Aye: All Voting No: None
Upon motion duly made, seconded and carried, by the City Commission and the Zoning
and Planning Commission, the meeting was adjourned at 9:08 p.m.
X02 ( gAnql
Mayor
ATTEST:
i
A4QJ (d.k / i
t City ecretary
REGULAR MEETING
CITY COMMISSION
JANUARY 26, 1970
The City Commission of the City of West University Place convened in regular
session at the City Hall on Monday, January 26, 1970, 7:30 p.m., with the
following members present: Mayor Pro-Tem Neighbors, presiding; Commissioners
Proctor, Scott and Wallin. The City Manager was also present. Mayor Ramsey
and•City Attorney Cockrell were ill. r z•
. L y
The Invocation Was pronounced,by.Commissioner Wallin. . • '
•
Mr. Neighbors welcomed a number of. VriiLtors and expressed appreciation for
'their interest in the affairs of the city.
.Minutes of the Joint Public Hearing by the City Commission and Zoning and Plan-
ning Commission held on January 13, 1970 for consideration of an application
filed by Southwestern Bell Telephone 'Company, were presented for consideration.
, Motion by Commissioner Practqr;•seconded by Commissioner ti1a,7.lin•,, the minutes .�
of the joint public hearing for the purpose of giving consideration'to rezoning
from S ingle Family Dwelling to vehicle parking by employees of the Southwestern
Bell Telephone Company and Vehicles owned by the company T,bts;::l,` 2, 3-and 4,
Block 25, Collegeview 1st Addition, be approved as submitted:
•
Voting Ayel All Voting No: None
In accordance with action of the City Commission the following recommendation•
for purchase of truck and automotive equipment was submitted for considerati*
Honorable Mayor and Members of the• City Commission
City of West University Place
Gentlemen:
Bids received on January 12th for ten (10) vehicles consisting of
four passenger cars, one station wagon, two pickups, two 25,000 gvw trucks
and one stake body truck, were referred to me for tabulation and
recommendation.
A tabulation of bids received is attached.
Due to the urgency of obtaining early- delivery and replacement for the
three patrol cars, a tabulation was submitted at the January 12th meeting,
from which tabulation it appeared that MacRobert Chevrolet Company sub-
mitted the low bids on Units 1,2 and 4; and that Jack Roach Ford had
submitted the low bid on Unit 3. Action was then taken by the City
Commission. to award bids on Units 1, 2, 3 and 4 to the law bidder.
Unit 5 - Station Wagon - Inspection Department
The tabulation received by the City Commission on January 12th indicated
that MacRobert Chevrolet was the low bidder. However, in conferring with
their representative, Mr. John Kennedy, it was discovered that freight in
the amount of $123.75 had been omitted and that his company was not willing
to waive the freight charge. After adding the additional freight of $123.75
MacRobert Chevrolet is still low with a bid of $2,271.75 as the second bidder
X300
PUBLIC HEARING
CITY COMMISSION AND ZONING AND PLANNING COMMISSION
APRIL 22, 1975
The City Commission of the City of West University Place and the Zoning and
Planning Commission of the'City of West University Place convened at 7:30 p.m.
at the City Hall , for the purpose of holding a Public Hearing called for this
date, with the following. members-present: Mayor Wallin, presiding; Commis-
sioners Binig, Dunn, Stanley and Thompson; Zoning and Planning Commission
members, E. G, Hines, Chairmah, presiding; meMbers,Dahlin, Bartholomew and
Weatherby. The City Attorney and City Manager were also-present. Zoning
and Planning'•Conmission member W. P. Lipscomb was absent.
Mayor Wallin stated that this public hearing was being held jointly and simul-
taneously by the City Commission and Zoning and Planning Commission for the
purpose of giving consideration to the recommendation of the Zoning and Plan-
ning Commission to rezone the following described property for townhouses
and/or clusterhouses:
Lots 6, 7, -8, 9 and East 10 ft. of 10, •
Block 1 , Kent Place Addition, 3600
block of Bellaire Boulevard
Motion by Commissioner Stanley, seconded by CommisiDner -Thompson-,- that the
public hearing to consider the proposition recommended by the Zoning and
Planning Commission to rezone certain properties contained in legal notice
published in the Southwestern Argus on January 22, 1975, be opened
Voting Aye: All Voting No: None
Motion by Commissioner. Weatherby, seconded by Commissioner Bartholomew, that
the Public Hearing to consider the proposition recommended by the Zoning and
Planning Commission to rezone certain properties as contained in the Final
Report of the Zoning and Planning Commission dated March 24, 1975, be opened.
Voting Aye: All . • Voting No: ,. None
Mayor Wallin ascertained from the secretary that notice of public hearing was
published in the Southwestern Argus on Wednesday, April 2, 1975, and notice
to individual property owners within a 220' radius of the property being con-
sidered were mailed on April 2, 1975, thereby fulfilling legal requirements
for the Public Hearing.
Mayor Wallin requested Mr. E. G. Hines, Chairman, Zoning and Planning Commis-
sion, to review the activity sequence of such Commission during consideration
of the recommended change.
Mr. Hines stated that the applications filed by. Messrs. R. B. and E. A. Mayor
and Mrs. Paul S. Watts were received by the Zoning and Planning Commission on
January 14, 1975; Preliminary Report was filed with the City Commission on
January 17, 1975; notice was published in the Southwestern Argus on January 22,
1975 and notice to all property owners within a 200' radius of the property on
January 22, 1975. The Public Hearing by the Zoning and Planning Commission
was held on February 11, 1975 and the Final Report filed with the City Comis-
sion on March 24, 1975.
301 .
•
In response to Mayor Wallin's question•regarding fulfillment of all legal
--� requirments for the Public Hearing, City Attorney Charles Cockrell advised
that Ordinance Number 1035 calling a joint public hearing was passed and ap-
proved by the City Commission on March 24, 1975, and that the secretary had
testified that the required legal notice had been published and.notice had
been mailed to all property owners.
Mayor Wallin announced that in order to expedite the public hearing, the follow-
ing regulations for procedure would be followed:
a. Those addressing the Commissions to give their name, address and
street address of the property they own in West University.
b. The applicant and others who may support the application would
CD be given an opportunity to present any relevant information in
connection with the application.
Members of both Commissions may elict such additional information as
they feel proper, by questioning the applicants'. .
Questions may then be directed to the applicants from the floor.
c. Those wishing to present pertinent information in opposition to
the application may do so.
Again, questions may be asked by members of both Commissions, followed
by questions from the floor.
Mayor Wallin administered the Oath to Mr. Richard Mayor, 226- Pine Hollow,
Houston,' one of the' applicarnts for rezoning of the property being considered.
Mr. Mayor stated that it was his belief that the reasons for the request for
rezoning were amply set out in the report and recommendation of the Zoning and
Planning Commission. Mr. Mayor then reviewed for the Mayor and City Commission
the recommendation of the. Zoning .and Planning Commission of March 11 , 1974,
• wherein the property being considered for rezoning for the construction of
townhouses. and/or clusterhouses, was recommended as a visual park site, and
this tract of land was the only 'vacant property deleted from the recommenda-
tion of the Zoning and Planning Commission for construction of townhouses
and/or clusterhouses.
Mr. Mayor advised the Commissions that he was aware of the city's ability
to acquire the property for a park site by means of condemnation, but to ..
do so would be the acquisition of property without due process of law
and his right to equal protection under the law. Mr. Mayor then requested
that the City Commission follow the recommendation of the Zoning and Planning
Commission and grant the application.
Members of the Commissions and those in attendance at the Public Hearing had
no questions for, Mr. Mayor.
Motion by Mr. Weatherby, seconded by Mr. Bartholomew, that the public hearing
be closed.
�-- Voting Aye: All Voting No: None
-40 men rne+r �.1.1L. 1, -7' r-- r—
1302
Motion by Commissioner Binig, seconded by Commissioner Dunn, that public
hearing be closed.
Voting Aye: All Voting No: None
Motion by Commissioner Stanley, seconded by Commissioner Thompson, that
the Final Report and recommendation of the Zoning and Planning Commission,
to rezone Lots 6, 7,•8, 9 and east 10' of 10, Block 1, Kent Place Addition,
3600 block of Bellaire Boulevard for the construction of townhouses and/or
clusterhouses be accepted.
Motion amended-.by Commissioner Thompson, accepted by Commissioner Stanley,
• to instruct the City Attorney to prepare the necessary ordinance for the
rezoning.
Voting on the amendement.
• Voting.Aye: All Voting No: None
Voting on the motion.
Voting Aye: All Voting No: None
Mayor Wallin recessed the meeting for five minutes prior to calling the
second public hearing to order.
Mayor Wallin announced that a joint public hearing was being held by, the .�
City Commission and Zoning and Planning Commission and would be opened to con-
sider the Final Report and recommendation of the Zoning and. Planning Com-
mission- to rezone the following described ,property for vehicular parking:
Lots 5, 6, 7, 8, 9 and 10, Block 25
Collegeview 1st Addition
4000 block of Ruskin
Motion by Commissioner Thompson, seconded by Commissioner Binig, that the
public hearing to consider the proposition recommended by the Zoning and
Planning Commission to rezone certain properties for vehicular parking,
be opened.
Voting Aye: All Voting No: None
Motion by Mr. Weatherby, seconded by Mr. Dahlin, that the public hearing to
consider the rezoning of certain properties for vehicular parking, be
opened.
•
Voting Aye: All Voting No: None
Mayor Wallin ascertained from the secretary that notice of public hearing
was published in the Southwestern Argus on April 2,1975, and notice to
individual property owners within a 200' radius of the property being con-
sidered were mailed on April 2, 1975, thereby fulfilling legal requirements
for the public hearing.
303
Mayor Wallin requested Mr. E. G. Nines, Chairman, to review the activity
sequence of the Zoning and Planning Commission during consideration of the
recommended change.
Mr. Hines stated that an application had been filed by Southwestern Bell
Telephone Company to rezone Lots 5 and 6, Block 25, C6llegeview'lst Addi-
tion and the Zoning and Planning Commission had added Lots 7, 8, 9 and 10,
Block 25, Collegeview 1st Addition, as part of the property to be rezoned
for vehicular parking. The application by Southwestern Bell Telephone Com-
pany was received on December 10, 1974, and further considered by the Zoning
and Planning Commission on January 14, 1975. A Preliminary Report was filed
with the City Commission on January 17, 1975; notice of Public Hearing was
,.,' published in the Southwestern Argus on January 22, 1975; and notice of public
,di hearing was mailed to all property owners on January 22, 1975. A public
hearing was held by the Zoning and Planning Commission on February 11, 1975,
0-D and Final Report filed with the City Commission on March 24, 1975.
GO
In response to Mayor Wallin's question regarding fulfillment of all legal
requirements for the Public Hearing, City Attorney Charles Cockrell advised
that Ordinance Number 1035 calling a joint public hearing was passed and
approved by the City Commission on March 24, 1975, and that the secretary
had testified that the required legal notice had been published and notice
had been mailed to all property owners. '
Mayor Wallin again reviewed the procedure. to be followed in holding the
public hearing.
Mayor Wallin administered the Oath to Mr. Bill Knight, Mrs. Miriam Israel,
Mr. Wm. Patri4ge and Mr. Arthur Goldman.
•
Mr. Knight, District Manager, Southwestern Bell Telephone Company, whose _
home address is 6214 Rutherglen, advised the Commission that adequate park-
ing spaces for employees of Southwestern Bell liad been a long standing pro-
blem for the company, the city, Police Department and residents of the area.
Mr. Knight stated they now have sixty (60) parking spaces on their
existing lot, twenty-five (25) spaces in front of the building, twenty
(20) spaces on the west side of;Academy.. and`ttiat:.the new lot construction
will provide an additional thirty-five (35) spaces. Mr. Knight further
stated that a survey of employees indicated there mere 185 of whom drove
automobiles to work. The proposed parking lot would be re-vamped to in-
clude the existing lot, with new lighting, re-striped and have a curb cut
onto Ruskin Street.
Mr. Knight advised the Commission that all recommendations by the Fire Chief
and Police Chief had been considered in the preparation of 'plans for the
parking lot in hopes that many of the problems encountered, in the past might
be eliminated.
Mrs. Miriam Israel, 5511 Cheltenham, stated that she owned the property at
4003 Ruskin, and that she was in favor of the recommendation, however,' she
felt some changes should be made in the construction of the proposed parking
304
lot, inasmuch as she thought permitting traffic from the lot onto Ruskin
would be dangerous since it was a narrow street, and it was her belief that
all traffic should be onto Academy.
Mrs. Israel stated that she agreed with Commissioner Thompson in that the `--
construction of the new parking lot would not be an answer to the problem
of adequate parking for Southwestern Bell employees and that a personal
survey indicated employees were parking on Ruskin, Cason and Fairhaven.
Mrs. Israel further stated that she had not been permitted to construct a
carport at her home because of the location of a utility easement, •however,
it appeared that Southwestern Bell had paved over the same
was her feeling that this should be investigated prior to the proposed new
construction.
In 'response to a question by the City Commission, Kr. •Knight stated that
in response to a request of the Chief of Police, the parking lot would be
constructed in a horseshoe shape'with 45 cars exiting onto Ruskin and
45 exiting onto Academy during peak hoprs.
Mr. Arthur Goldman, 4032 Ruskin, stated that the existing parking lot was
virtually empty between four and five o'clock each afternoon and it.was
his belief that an additional 35 cars exiting onto Academy would 1?e no pro-
blem and that a curb cut on Ruskin would not be necessary.
Mr. Goldman stated that he was heartily in favor of the rezoning of Lots
5 and 6 for vehicular parking use by Southwestern Bell, but was very opposed
to rezoning of Lots 7, 8, 9 and 10, inasmuch-as two of the lots were owned
by Corrigan Interests and speculation was a proposed use as a loading dock.
Mr. W. L. Partridge, 4040 Ruskin, stated that he was very much in favor of
rezoning the property for use by Southwestern Bell.
In response to a question regarding possible purchase by Southwestern Bell
of Lot 7, Mr. Knight stated that it was entirely an economical situation
inasmuch as owners of Lot 7 wanted too much money for the lot.
In response to questions regarding the city's ability to include certain
use restriction's into an Ordinance rezoning the property, City Attorney
Charles Cockrell stated that such provisions could be encorporated into
the ordinance and ,it would 6e enforceable based on the ordinance, and
such restrictions could limit the character and size of a fence across
the rear easement.
Motion by Mr. Dahlin, seconded by Mr. Bartholomew, that the public hearing
be closed.
Voting Aye: All Voting No: None
Motion by Commissioner Dunn, seconded by Commissioner Stanley, that the
public hearing be closed.
Voting Aye: All Voting No: None
305
Following a general discussion with regard to further consideration to
the application, the following action was taken:
Motion by Commissioner Stanley, seconded by Commissioner Binig, that the
meeting of the City Commission be recessed until 7:00 p.m., Monday,
May 5, 1975.
Voting Aye: All Voting No: None
•
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rT-' f r r 1 R -m Tranw
RECESSED'MEETING OF,cITY COMMISSION ..•
MAY 5, 1975
:
•
—
The City Commission convened in recessed session at the City Hall on Monday,
May 5, 1975, 7:30 p.m., with the following members present: Mayor Wallin,
presiding; •Commissione.rs Binig,1Dunn, Stanley and Thompson: The City Attorney
and-City,Managers.were also presents .
Mayor•Wallin advised that this was_a continuation.of.a meeting.of•the 6:ity
Coniiission on:•April 22; 1975,,at which time a public hearing was held to ,
consider 'a recommendation and final report of the Zoning•and Planning Commis-
sion to rezone Lots 5, 6, 7, 8, 9 and 10, Blnck•.25, Col,lege0 Rw 15t, Addition
for vehicular parking.
. -The Commission was advised that' a motion did' not have to be on' the floor in
order to discuss the recommendation.
City,Attorney Charles Cockrell advisedtthe C.omission ,that the r..ecommendation-
could be accepted as contained in the Final Report of the Zoning and Planning
Gommissidn;:amended if desired by the City Commission,-or additions and changes
made. . - ,, a
The fact that only Southwestern Bell .Telephone Company had filed a formal
application-requesting-that. Lots .5 and 6 owned by,-them be„rezoned for;,parking
purposes:was discussed by the,Commi:ssion. .
•
Plans:for the construction of the parking lot' planned by Southwestern Bell [__,
Telephone Company were reviewed by the Commission with considerable.discussion
regarding the proposed curb cuts onto Ruskin Street. Some members of the Com-
mission were opposed to• the curb cuts inasmuch as there was a possibility of
adding additional traffic onto a residential street.
Discussion concerning rumors that owners of Lots 7 and 8 proposed to use such
property for a loading dock concluded that the provisions of an ordinance
• could preclude such usage.
Motion by Commissioner Binig, seconded by Commissioner Thompson, that the
Final Report including all of the nine (9) points of the Zoning and Planning
Commission dated March 24, 1975, recommending that Lots 5, 6, 7, 8, 9 and 10,
Block 25, Collegeview 1st Addition be rezoned for the purpose of parking mop-.
commercial passenger vehicles be accepted.
Voting Aye: Binig Voting No: Dunn '
Thompson , • • Stanley
Wallin
With no further business to come before the Commission at this time, upon
motion duly made, seconded and carried, the meeting adjourned at 8:00 p.m.
—(4:21)J MAYOR' 4644S1
ATTES :
P. c f ctRnt .Itv SPrratary
• Exhibit "F" •
4407 Wiry f'
o sr
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
ICi•'•
Address of site: 4086 Bellaire Boulevard,6707 Academy St.and"0" Ruskin Street,City of West University Place,
"Texas 77005
Legal description of the site: Lots 1-6,Block 25 of Collegeview Section I
Applicant: Southwestern Bell Telephone Company d/b a AT&T Southwest,AT&T DataComm,AT&T Texas
Address:
Contact: Reid Wilson Phone: 713-222-9000 Fax: 713-229-8824 Email: rwilson @wcglaw.com
Decision or Action Requested(check one or more and provide requested data):
(X)Appeal.Hear and decide an appeal from an order requirement decision or determination made
by the Administrative Official.
• Is the official's action in writing?( )Yes, ( )copy s attached ( )No,but the action appealed is as follows:
See attached
• When was the action taken? Note Appeas must be filed within a reasonable time. Please explain any
delay below: See attached
• Exact zoning ordinance section(s)involved
• Grounds for appeal See attached
( )Special Exception.
• Exact zoning ordinance section that authorizes the special exception Section 12-106
• Exact wording of special exception requested:
( )Variance.
• Exact zoning ordinance section from which a variance is requested
• Exact wording of variance requested:
Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them)
Attached.The applii ant h. • read the t : and Cj( regila ons :ttach:d
S,gnature of applicant. /
IP. lirsi it �.ei a of .p icant (e�1G Docket#: l6 - 0/0
For Staff Use only Date ' ed: ( Date heard: D
I
On June 24th, in Docket No. 2016-005, the Board of Adjustment decided to reverse the decision of the
Administrative Official dated April 7, 2016 that"...the activities of loading/unloading and stocking AT&T
service vehicles and the temporary inventorying of supplies are allowed use in the [AT&T] Parking Area."
This decision has not yet been reduced to writing or filed with the secretary for the Board.
Applicant is the owner of the land subject to the decision, but was not the applicant in the appeal,
rather,was designated as a party in the matter.
There is new evidence to be submitted to the Board, which was not presented to the Board at the
meeting where the public hearing was held concerning the appeal, which evidence is relevant to the
decision and is substantial new evidence,material to the Board's decision.
Members of the Board sought information at the hearing on the following issues for which new and
substantial evidence will be provided:
1. The allegation that the 6707 Academy building is a "warehouse"- Particularly, members of the
Board sought to have information about the layout of that building, the % of area utilized for
storage,ownership of trucks serving the supply area,frequency of those trucks and operation of
the supply area. The new evidence will show that this building is not a warehouse, a small
percentage of the area is used for storage(and all is on the 1#fl),the basement and 2nd floor are
empty and unused, the storage is in a caged area which is part of the meeting area for AT&T
UVERSE service technicians, the only supplies stored are for AT&T UVERSE service vehicles, the
delivery vehicles are primarily owned by AT&T, and the delivery vehicles come primarily from
AT&T owned warehouses . Note: Use of the building's loading dock by AT&T owned delivery
vehicles is permitted by the Board's January ruling. Johnnie Nicholson of AT&T UVERSE, the
supervisor of the AT&T UVERSE service tech crews at 6707 Academy is available to provide
testimony on these issues. A floor plan for the building showing the storage area, pictures of
the supply area,and pictures of the vacant floors will be provided to the Board.
2. The use of the .arkin: lot for invento in: of su•.lies in AT:T V RSE service vehl 1-s as hown
in the picture entered into evidence by Mr. Cole- Particularly, members of the Board desired
information about the nature and frequency of the inventorying use and whether the picture
constituted an accurate representation. The picture reflects routine,but infrequent activity of
inventorying and "cleaning out" service vehicles. This activity is not daily or weekly. Mr.
Nicholson is available on this issue.
3. The all :. i.ns that AT&T UVERSE vehicles enter .nd exit the AT&T Parkin: Ar•. hr. :hout the
day.- Actually, techs leave in the morning (usually around 8-9 am) and return at the end of the
day after making all service runs (usually 5-7pm). It is not routine for a tech to return to the
parking lot and then leave again. The majorities of vehicles enter and exit prior to 7pm. Mr.
Nicholson is available on this issue.
•
4. Intention of the City Commission in adopted Ord. 932 and 1039.- John Neighbors, the Mayor
Pro-Tem who chaired the 1970 public hearing on Ord. 932 and the City Commission meeting
where Ord.932 passed, is available to provide testimony to the Board.
S. Concern that Ord. 932 and Ord. 1039, as written, evidences an intent by the City Commission
that parking use must satisfy all of the listed paragraphs, ie. includina residential use.- Mr.
Neighbors is available on this issue.
The forgoing is meaningful evidence relevant to issues before the Board or raised by the Board. It was
not anticipated by AT&T that factual information of this type was necessary to produce at the hearing.
This evidence is readily available. Failure to consider this information will lead to an erroneous ruling.
AT&T respectfully requests that the Board defer the signature of the order until after considering this
request for rehearing, hear evidence from Misters Neighbors and Nicholson, and if the request of
rehearing is approved,to conduct additional proceedings at its following meeting.
Specifically, AT&T respectfully requests that the decision of the Board not be filed in the Board's office
until the Board hears the request for rehearing, such that the period for judicial review under Tex. Loc.
Gov't Code Sec.211.012 does not commence until that time.
EXHIBIT"G"
Testimony of John Neighbors
July 28,2016 Zoning Board of Adjustment Hearing
Audio Part 2: 1:53:04
John: Thank you, young people.
I am John Neighbors. When I lived in West U I lived at 2809 Wroxton for 58 years and I
currently live at 4718 Hallmark Drive. Mr. Wilson asked me to go back in memory to the
period that you all are discussing in early 1970 regarding parking at Southwestern Bell. I
don't have a full memory of all that happened so I took the liberty of reviewing three
documents which carried the date of January 13 from the city commission and the zoning
board adjustment, and a regular meeting of the city council in January 26, 1970 which I
presided as Mayor Pro-tem, and Ordinance No. 932, and they all are pretty consistent as
to what I remember the intention of the city council was at that time.
This issue was actually an off shoot of the previous issue discussed tonight regarding the
cul-de-sac on Ruskin, so the two actually tie together. A design to reflect back on this
intention of this ordinance to rezoned the property for parking was for the employees of
Southwestern Bell as well as vehicles owned by Southwestern Bell and that was the end
of the discussion. There were quite long hearings as I remember, there were a lot of
people that were concerned about the parking,but the final decision of city council,that it
made sense not only to allow the parking, which was requested by Southwestern Bell, but
also that the ancillary activities in connection with the vehicles of Southwestern Bell was
an appropriate activity. That's essentially what I wanted to bring to your attention
tonight. I would be happy to answer any questions.
Question: So that was one of the things that we talked about in our previous sessions
was how that it has changed over the years, and it seemed like what we were interpreting
as a board, and I am speaking for myself, and may be extending to the others,was that we
thought that over the years it had expanded dramatically, that it had moved from being
primarily an office facility with some other service, but it seems to have transitioned to be
primarily a service facility with these service vehicles that has changed the use of that,
and based on that, we had much discussion on that topic, so your comments here are
helpful. Any recollection you have of kind of the mix of what that facility was used for
primarily as an office or service or both?
John: Well it was a much smaller building of course then and a lot fewer employees. I
would say essentially other than the changes in the technology involved, it would have
been pretty much the same type of activity; service trucks, with employees using the
trucks to go out and do the service work that was required. That I don't think changed
other than the technology and maybe a few more trucks, that I can't answer, as to whether
the owner of trucks involved was the same or less, that I can't talk about.
Question: So the ancillary activities then may have included bringing materials to trucks,
from the trucks, associated with the...
G:\CLIENTS\10017\002\7.28.AUDIO HEARING\JOHN NEIGHBORS TESTIMONY.DOCX
John: Anything that related to staffing the trucks and that sort of thing is pretty much
consistent. I don't remember anything outside of that range.
Thank you,that was helpful.
G:\CLIENTS\10017\002\7.28.AUDIO HEARING\JOHN NEIGHBORS TESTIMONY.DOCX
• Exhibit "H" •
The Cittir of\Vest University Place
. I .\'ci;;hlxu'17nact C in
Zoning Board of Adjustment
City of West University Place,Texas("City")
Docket No: 20/G—ooS
DECISION REGARDING AN APPEAL
FROM A DECISION OF THE ADMINISTRATIVE OFFICIAL
Address of building site: 4068 Bellaire Boulevard,6707 Academy and"0"Ruskin Street
Legal description of the building site: Lot 1-6, Block 25 of Collegeview, Section 1, in Harris
County,Texas.
Applicant: Robert Grossman
Decision Appealed From: Determination of the Administrative Official regarding whether the
activities of loading/unloading and stocking of AT&T service vehicles with daily work supplies
and the temporary inventorying of such supplies in the designated parking area(which is on the
north portion of the building site, adjoining Ruskin) are allowed uses. Applicant requested a
reversal and revision of the determination.
Notice,Hearing,Determinations, Vote:
(X) Notice of hearing was given by: Mail and on—site posting, in
accordance with Article 11 of the Zoning Ordinance,by Debbie Scarcella, City
Planner of the City.
(X) Hearing was held on June 23,2016.
(X) Findings and determinations(if any)have been made,as follows:N/A
(X) The vote was: 4 in favor, 1 against this decision
Decision of the Zoning Board ofAdjustment(subject to all applicable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, the Zoning Board of
Adjustment hereby takes the following action with regard to the administrative decision
referenced above:
(x)reverses,in(x)whole or ( )part
( )Affirms, in(x)whole or ( )part
( )modifies,
( )other action(describe)
And,accordingly,the Board makes the correct order, requirement,decision or determination,as
follows:
APPEAL Page
3800 University Boulevard I West University Place, TX 77005 I www.westutx_gov
• •
rif.
The CitY of West University Placc
....)
t Nci.,thrx»rxxur Cin
The activities of loading/unloading and stocking AT&T service vehicles and the temporary
inventorying of vehicle supplies are not allowed used In the Parking Area.
Other Provisions:
THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES
NOT APPLY TO ANY OTHER ASPECT,USE OR PART OF THE SITE OR STRUCTURE IN
QUESTION,NOR DOES IT APPLY TO ANY OTHER ACTIVITY,SITE OR STRUCTURE.
TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION,
NOTICE,HEARING,PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION
IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE
BOARD.
THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD,UNLESS A
TEMPORARY OR FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS
SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY. IT MAY BE
AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR
VESTED RIGHT OF ANY KIND.
Effective Date&Appeals:Subject to any applicable appeals,this decision takes effect on the
date it is filed in the Board's office(c/o Secretary of the Zoning Board of Adjustment,3826
Amherst,West University Place,Texas 77005),unless otherwise indicated above. Any re-
hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any
appeals of this decision are subject to and governed by applicable ordinances and laws,
including:the Zoning Ordinance and Chapter 211,Tex.Local Government Code. Under
Chapter 211,petitions for judicial review must be presented within 10 days after the date this
decision is filed in the Board's office.
ZONING BOARD OF ADJUSTMENT,
CITY EST UNIVERSITY PLACE,TEXAS
By:
Press Officer,Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
`ao' k. was acknowledged before me on 1 )l7)I I ( (date)by. �Gt1%11 y t I(LY!^5
a� • s•_ •B q� ding Officer of the Zoning Board of Adtatment of the City of West University Place,
• y``ap tiisaT0_ ores: Y h-1 l i it
' etiet; Notary Public
APPEAL Page 2 ?s
3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov 1�
0 0
0 The City of West Utli\ cr i tv Place
t \'c i/:hod u g d Can
This instrument was filed in the Board's ofce on 20( • and, if a
mailing list is attached, copies were mailed to the per ons the list on (N/A.
ki.,,,,,ii,_ By:
Name:
ni/t�
Title:(�'
APPEAL. Page 3 TOP
al
3800 University Boulevard F West University Place, TX 77005 ( www.westutx.gov
Exhibit"I-1"
West University Place Zoning Ordinance—Proposed PDD-SF3
General Rule:This table prescribes the minimum dimensions for building sites,
by District. ("DU" means"dwelling unit.")Exceptions/Special Rules:(1)See
Table 5-1 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).
PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Measurement SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7 Cl
Old
building
sites
(before
October Width, 50 ft.
50 ft. N/A
24, minimum
1987)
See
Notes 1
and 2
Depth, 100 ft. N/A N/A
minimum
Area, 5,000 5,000
2,000 sq.ft. per DU
minimum sq.ft. sq.ft.
New
building
sites(on
or after
October Width, 75 ft N/A 50 ft.
minimum
24,
1987)
See Note
3.
Depth, 110 ft. N/A N/A
minimum
Area, 8,250 5,000
2,000 sq.ft. per DU
minimum sq.ft. sq.ft.
Note 1. 4,500 Square Foot Exception. A structure may be located on an old building site with at
least 40 feet of width and at least 4,500 square feet of total area, if the building site: (i)was
improved with a principal building in existence on the 1987 effective date or for any period of
twenty consecutive years prior to the 1987 effective date, under circumstances where there was
no additional land used for the building site, and (ii)was created by subdivision plat and not
made smaller thereafter except to provide public right of way or to accommodate physical
encroachments, or as specifically allowed by Article 5.
Note 2. 4,300 Square Foot Exception. A structure may be located on an old building site with at
least 40 feet of width and at least 4,300 square feet of total area, if the building site: (i)was
created by subdivision plat approved by the city council or the Z&PC, (ii) has not been made
smaller thereafter for any reason.
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.
TABLE 7-1
General Rule:Within each District: uses marked "A"are allowed, uses
marked "SE" are allowed only to the extent authorized by a special
exception (see Note 3), and uses marked "X" are prohibited.
Table 7-1 Exceptions/Special Rules:(1) See PDD Schedules for planned
development districts. (2)See special rules noted in table.The ZBA is
authorized to issue all special exceptions mentioned in this Table.
Use PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Specific Use PDD-CI
Category SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7
Single-family A See Notes 1 and 7 A
Residential
(detached)
A See
Single-family X See Notes
A See Note 1 A See Note 1 X
(attached) Note 8 1 and
7
Other X X X X X X X X X
residential
Park, A See Notes 1 and 3
playground,
or community
A See
Public and center
Notes 3
Semi-Public (public), and 4
school
(public), place
of worship
Private green See Notes 1 and 2
space
School
X See
(other)See X X X X X X X X Note 3
Note 9
Utility or A See Note 1
service use.
See Art. 8.
PWSF use. A or SE See PWSF Schedule.See Note 1
Commercial
See Article 8
regarding See See
certain Light See
X Notes X X X X X Notes 6
sexually commercial Note 5 and 11
oriented 12&13
businesses.
Medium See
X X X X X X X
commercial Note 5
All other uses X X X X X X X X X
Note 1. High-density occupancies in SF District. High-density occupancies are allowed in SF
Districts only to the extent authorized by a special exception. The ZBA may issue such a special
exception if it finds and determines that the occupancy is a use that is(i) accessory to a lawful
primary use and (ii) reasonably compatible with nearby sites and their uses (in addition to any
other findings and determinations required for a special exception). Note :A previously-issued
special exception that authorized a use with a high-density occupancy is sufficient to comply
with this note.
Note 2. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other
similar uses that are predominantly pervious, vegetated and non-commercial are allowed in all
districts. Unless otherwise authorized by a special exception, the only structures allowed are
fences, playground equipment and landscaping structures(e.g., low, retaining walls, borders,
etc.). The ZBA may issue a special exception to authorize other structures. The special
exception shall include a site plan specifying and limiting allowable structures. If so ordered by
the ZBA, the site plan controls over any other ordinance to the contrary. However, the site plan
may not specify yards(or"setbacks") different from those otherwise required, unless the ZBA
finds that the different yards are: (i) necessary for efficient use of the available space and (ii)
compatible with nearby sites and their uses. The special exception may allow accessory
structures without a principal building.
Note 3. Accessory Uses and Structures. In the indicated districts, the ZBA may issue a special
exception to authorize additional uses and structures, if the ZBA finds and determines that each
additional use and structure is: (i) accessory to a lawful primary use and (ii) compatible with
nearby sites and their uses. The special exception may include a site plan identifying and
limiting such uses and structures.
Note 4. Park, Playground, Etc. In the C District, a park, playground or community center may be
privately or publicly owned.
Note 5. Parking Use in PDD-SF2. The ZBA may issue a special exception to authorize parking of
motor vehicles in connection with nearby commercial activities, upon approval by the ZBA of the
types of vehicles, design of parking facilities(including landscaping, paving, lighting, fences or
walls, signs, etc.) and curb cuts, all of which may be included as site-specific conditions of the
special exception.
Note 6. Light Office Use in PDD-C1. The only commercial use allowed in PDD-C1 is light office
use, meaning offices for conducting real estate, insurance and other similar businesses and the
offices of the architectural, clerical, engineering, legal, dental, medical and other established
and recognized professions, in which only such personnel are employed as are customarily
required for the practice of such business or profession.
Note 7. Garden-style use in PDD-TH4 . "Garden-style"single family detached use is allowed in
PDD-TH4 if authorized by a site plan meeting the requirements of Ordinance No. 1560, adopted
October 12, 1998, which is continued in effect for the original site plan and for amendments and
replacements of that plan. Such a site plan, after approval by ordinance in accordance with
Article 14, controls over any provision elsewhere in this ordinance.
Note 8. Attached dwellings in PDD-SF3. Any existing attached dwellings which complied with the
former Schedule PDD-TH3(Browning Townhouse PDD) at the time of their construction have
PNC status, under and subject to Article 12 of this ordinance. The minimum width for interior
side yards for such dwelling units is zero where there is an existing common wall (or existing
continuously-abutting separate walls)along the property line, in either case with a four-hour fire
rating or better. The minimum number of parking spaces is two per dwelling unit, and additional
guest parking is not required, notwithstanding other provisions of this ordinance or any special
exception issued under this ordinance.
Note 9. School(other) . A special exception may authorize this use on sites wholly within the C
District or partially within the C District and partially within another district.
Note 10. Uses in TCC. The only uses allowed in TCC are retail, light office use, and food service
use. TCC does not allow for residential use of any kind, bars or club uses, entertainment
venues, sexually oriented businesses, auto-intensive uses, gambling establishments, surgical or
emergency clinics, or any medium commercial uses.
Note 11. Hours of operation. In the C, TCC and PDD-C1 districts, hours of operation for
commercial uses shall not unreasonably impact the residential character of adjoining residential
districts. All operations, including deliveries and other outdoor activity, shall comply with the
City's noise regulations; see Chapter 54 of the Code of Ordinances.All commercial garbage
and trash collection activities shall comply with Chapter 38 of the Code of Ordinances.
Note 12. Parking Lot Use in PDD-SF3. PDD-SF3 may be used for(i) parking, loading and unloading
and sorting/inventory of contents of vehicles,trucks and vans(2 axels maximum) owned by
AT&T and/or its employees only, as part of the telecommunications business only, limited to
7am-7pm Monday-Saturday except related to services to medical facilities, due to customer
medical emergencies or catastrophic events(storms, terrorist events, etc.), or parking only,
which may occur at other times, (ii) vehicles temporarily required for repairs/construction
relating to the adjacent building under common ownership, limited to the term of a valid City
building permit, (iii) no use(non-use is not abandonment), and (iv) any use permitted by a
current special exception. Washing, refueling and mechanical services are prohibited, but
minor emergency repairs (flat tire, dead battery, out of fuel, etc.)are permitted. Transporting
personal items(including food)to and from vehicles and adjacent building under common
ownership, and transporting trash, litter and materials to and from vehicles and waste storage
areas is permitted. Resting and phone calls are permitted within vehicles. Structures are
prohibited, unless permitted by a current special exception. The parking lot shall comply with
City Code, including light and noise restrictions applicable to residential areas. The existing
solid walls and gates, and the landscaping outside the walls must be maintained in good
condition. Monthly landscaping services are required. No exterior signage is permitted, except
as required by law. Parking lot use on any lot in PDD-SF3 shall terminate upon: (i)
independent sale of the lot, (ii)sale of all of AT&T's facility on Bellaire/Academy to an entity not
in the telecommunications business. Merger of AT&T into another entity in the
telecommunication business will not terminate the parking lot use.
Note 13. Access/Parking Limits in PDD-SF3 during Parking Lot Use. The following limitations apply
to Parking Lot use: (i) access is prohibited from the parking lot to Ruskin St., (ii) parking/driving
of vehicles owned by AT&T and/or its employees is prohibited on Ruskin St. and Cason St.,
except for residents/invited guests, and temporarily while providing telecommunication services
to residents on those streets, and (iii) access to/from the parking lot shall be from Bellaire Blvd.
via Academy St. to the parking lot except temporarily while providing telecommunication
services to residents on those streets.
TABLE 7-2
General Rule:No part of any structure may be located within a part of a building
site included within a yard defined, by District, in this table. ("N/A" means the
rule does not apply.)Exceptions/Special Rules:(1)Structures may be located in
Table 7-2
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.
Measureme PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item nt SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7 CI
20 feet if the building
site depth is 110 feet or
less; 25 feet if the
Distance building site depth is 20 ft. 5 ft.
Front
from front more than 110 feet but 10 ft.See Note 7. (Mercer (Bellaire
yard
street line. not more than 125 feet; Street) Blvd.)
30 feet if the building
site depth is more than
125 feet.See Note 5.
Distance 20 ft.
Interior from side Greater of 10%of
5 ft.See Notes 4.1 and 4.2.See (south
side property building site width or 5 N/A
yard line (each feet.See Note 2. Note 7. property
line)
side).
Street Distance Greater of 10%of
10 ft. See
side from side building site width or 5 10 ft.See Note 7.
yard street line. ft.See Notes 2, 6. (Bissonnet) Note 8.
Distance 10 ft.
20 ft. 5 ft. (west
Rear from rear See 20 ft.See Note See
20 ft.See Note 1. See property
yard property Note 1. Note 8.
Note 1. line)
line. 1.
Distance
SF from 20 ft. 10 ft.
See 20 ft.See Note See
Buffer- nearest part N/A See N/A
yard of an SF Note 7. Note 7. Note 8.
7.
District
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 adjoining building sites fronting that street.
Note 2. Narrow Site "3/7"Exception. Alternate side yard areas apply to a building site meeting all
four of the following criteria: (A) The building site is less than 55 feet wide. (B)The use is single-
family(detached) use. (C) Outside the rear yard, no main wall surface of any building is closer
than 10 feet to any main wall surface of a"prior building"on another building site (unless there
are"prior buildings"on both sides, each within seven feet of the property line, in which case the
minimum separation from a"prior building" is eight feet). A"prior building" is a building in
existence, under construction or covered by a current building permit when a building permit is
issued for the subsequent building. (D)The owner has designated alternate side setback areas
in a form approved by the administrative official and in accordance with all of the following
criteria: (1) Minimum setback, interior: 3 feet. (2) Minimum setback, street side: 5 feet. (3)
Minimum setbacks, both sides combined: greater of 10 feet or 20% of the building site width. (4)
On each side, the setback is uniform in width along its entire length. See Table 7-5a regarding
"alternating driveway" rule.
Note 3. Rotated Corners. For rotated corner building sites (SF-1 District only), the minimum side
street yard width is: (i) 10 feet if the building site width is 65 feet or less, (ii) 10 feet plus the
distance by which the width of the building site exceed 65 feet, if the building site width is more
than 65 feet but less than 75 feet, (iii)20 feet if the building site width is 75 feet or more but less
than 100 feet, or(iv)for building sites 100 feet wide or more,the side street yard width is
determined by the same rules as the front yard depth, except that the"depth"of the building site
is measured from the side street line.
Note 4.1. Common Walls. In the TH, GR-2, C, and all PDD-TH districts,the ZBA may issue a special
exception for a zero-width side yard, but only upon application by both property owners and only
if the special exception is conditioned upon the construction and maintenance of a common wall
or continuously abutting separate walls(in either case with a four-hour fire rating or better)
along the property line. See, also, Note 7, below, for QMDS.
Note 4.2. Common Walls in New Townhouse Construction. In all PDD-TH districts,where new
townhouses are concurrently constructed on two or more abutting building sites along a block
face, zero-width side yards are allowed by right wherever a common wall or continuously
abutting separate walls will be constructed and maintained (in either case with a four-hour fire
rating or better) along the property line. On each building site that contains the end townhouse
in a row of attached townhouses on abutting sites, the interior side yard requirement, or the
street side yard requirement for a corner site, shall apply along the side property line where a
common wall or continuously abutting separate walls will not be constructed. See, also, Note 7,
below, for QMDS.
Note 5. Major Thoroughfares. The ZBA may issue a special exception for a front yard less than 30
feet deep abutting a major thoroughfare, if the front yard prescribed is at least 10 feet deep, and
if the special exception requires the greatest practicable amount of pervious area in the front
yard.
Note 6. Special Exception. The ZBA may prescribe a different street side yard by special exception
relating to frontage. See Article 8.
Note 7. Yards In QMDS. In a QMDS, yards are only required around the perimeter of the subdivision
and are designated by the subdivision plat. See definition of QMDS. Standard projections into
QMDS yards are allowed per the Projections Schedule. In addition:
(a) Front yard (GR-1 or GR-2 Only): A principal building with an internal access garage may
project as close as 10 feet to the street area if, in the projecting part: (a)there is a first-floor
porch or with at least 80 sq. ft. of floor space(open or screened)and no dimension smaller
than seven feet; (b) above the porch or court, no more than half the usable floor space is
enclosed (coverings and other floor space, including open or screened porches, are
allowed above all the porch or court); (c)the cornice height does not exceed 27 feet; (d)
there are no more than 2.5 stories; and (e)there is no garage space.
(b) Front yard: Bay windows, canopies and balconies at least 18 inches above grade may
project up to 24 inches beyond the principal building. Steps and handrails may project up
to 30 inches beyond the principal building.
(c) Rear Yard and SF Bufferyard. Buildings up to 10 feet high (measured from finished grade
to top of roof plate) may project, but not closer than 10 feet to the property line.
Note 8. Yards in PDD-C1. In PDD-C1, the yards and street lines are as follows, notwithstanding
other provisions of this ordinance: (i)The rear yard is the area within 20 feet of the rear property
line(the line farthest from Bellaire Blvd.)of any building site, and for this purpose, the said rear
property line shall be not in excess of 120 feet from the north right-of-way line of Bellaire Blvd.
Exception: The rear yard upon Lot 2, Block 35, Colonial Terrace Addition (also known as the
south 140 feet of Tract 9, Cambridge Place) is the area within 40 feet of the rear property line of
said lot, said rear property line being located 140 north of the north right-of-way line of Bellaire
Blvd. (ii)The street side yard is the area within ten feet of any side street line where the street
area is 50 feet or less in width, or within five feet of any side street line where the street area is
more than 50, but less than 70, feet wide. (iii)The front yard is the area within five feet of the
front street line(which is the common boundary with Bellaire Boulevard). Any area outside of a
building line established by ordinance or by recorded plat is considered part of the
corresponding yard.
Note 9. Yards in TCC. In TCC,the front street line is designated as the common boundary of the
building site and the Edloe Street street area. For building sites with a side street along Rice
Boulevard, the side yard shall be zero feet. For building sites with a side street line along
University Boulevard, the side yard shall be five feet. The rear yard may be reduced by any
future reduction in the width of the utility easement along the Poor Farm Ditch.
TABLE 7-3
General Rule: Every building site must have the minimum open and pervious
areas shown, by District, in this table. ("N/A" means the rule does not apply.)
Table 7-3 Exceptions/Special Rules:(1) See PDD Schedules for planned development
districts. (2)See special rules noted in table. (3) See the Projections Schedule
for details about calculating open and pervious areas.
PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Measurement
SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7 C1
Front yard,
Open
minimum 60%. N/A N/A
area
percentage.
Rear yard,
minimum
60%.See Note 1. N/A N/A
percentage.
See Note 6.
Entire building
site, minimum 40% 25% N/A
percentage.
Front yard,
Pervious
minimum 50% 50%See Note 2. N/A
area
percentage
Entire building
site, minimum 24% 15% N/A
percentage
Landscaping Required,except for SFD uses on building sites with 5,000 sq.ft. or more.See
strips Notes 3 and 5.
For SFD uses on building sites with 5,000 sq.ft.or more,there must be at
least one qualified tree in the front yard or in the adjacent street area. For all
other uses,each qualified tree required by this ordinance or Chapter 82 of
Qualified trees
the Code of Ordinance must be located within a contiguous and reasonably
compact pervious area containing at least 25 sq.ft. However, additional or
better pervious area may be required to comply with Chapter 82.
Pervious In a QMDS only, pervious pavement is allowed to be used for all vehicular
pavement areas, and part of it may count as pervious area.See Note 4.
Each parking area containing 21 or more parking spaces must contain
Parking areas,
interior pervious areas in "island" or"peninsula" configurations aggregating
interior
in area at least two square feet for each parking space.
Note 1. Rear Yard Adjacent to Non-SF. The ZBA may issue a special exception to reduce the
requirement for open area in a rear yard in a SF District to not less than 40%, if the rear yard
abuts a non-SF District.
Note 2. Pervious Area in QMDS. Front yard minimum pervious area requirement in a QMDS is
40%., or 30%for a front yard in a QMDS "low-impact motor court."
Note 3. Landscaping Strips . Vegetated pervious areas required as follows: (a) minimum five feet
wide adjacent to each street area (or 3.5 ft. if located in front of a fence or wall at least 3.5 feet
high), and (b) minimum 18 inches wide to separate each paved vehicular area from a fence or
subdivision or replat boundary. Exception: Strips are not required along alleys or where they
must be crossed by sidewalks or driveways. Strips along street areas must have live, evergreen
shrubs (maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of
Ordinances (maximum spacing is 20 ft.). The administrative official may approve different
spacing for shrubs or trees, upon a showing that(i)the spacing is allowed by standard urban
forestry criteria for the particular species and location and (ii)the spacing will comply with
Chapter 82. The ZBA may issue a special exception to allow a landscaping strip to be located
in whole or in part within a street area, if the ZBA finds that the particular landscaping will, in all
probability, be allowed to remain intact for at least 50 years and that it can be maintained and
will function as well as a strip located completely on private property.
Note 4. Pervious Pavement. In a QMDS,the area of the holes or gaps(if actually pervious)counts
toward pervious area requirements(but no more than 30% out of any area with pervious
pavement may count).
Note 5. Visual Buffer Zone. In TCC, along the east edge of each property a landscaped buffer zone
shall be established consisting of trees, shrubs, and other durable vegetation adequate to
minimize the transmittal of light and provide a visual buffer between a use in TCC and adjacent
SF district properties. Evergreen shrubs shall be planted to form a continuous hedge with no
gaps. Shrubs shall be hardy species that will withstand freezing temperatures. The plants shall
be at least 18 inches in height as measured from the surrounding soil line and shall have a
maximum 18 inch width at the widest portion when planted. Shrubs shall be capable of growth
to not less than 48 inches in height when measured from the surrounding soil line and shall form
a continuous hedge within three annual growing seasons. Shrubs shall be maintained at a
height that does not interfere with overhead utility lines. Trees planted in the buffer zone shall
not interfere with overhead utility lines.
Note 6. Old Stock Housing. The ZBA may issue a special exception to reduce the open area
requirement in the rear yard, if the ZBA determines: (i)the reduction is reasonably necessary to
preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled
or expanded (up to a total gross floor area,for all buildings on the site, that does not exceed the
greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when
the principal building was built, before 1980); and (ii)there will be no substantial adverse impact
upon nearby properties.
TABLE 7-4a
General Rule: Every building site,garage space and related structure must
conform to the applicable regulations shown, by District, in this table. ("N/A"
Table 7-4a means the rule does not apply.) Exceptions/Special Rules:(1)See special rules
noted in table. (2)See Article 9 regarding Planned Development Districts. (3)
See Note 1 regarding special exceptions.
PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Regulation
SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7 C1
Minimum 2.0 (1.0 per DU for
old stock housing); each must
Garage
Garage be enclosed or semi-enclosed
parking Minimum 2.0 per DU; must be
space, in and adjoin a driveway. N/A
spaces.See enclosed.
general Maximum 1.0 per 2,225 of
Article 10.
building site area, not to
exceed 4.0.
Minimum
garage 10 feet wide, 20 feet deep (for
10 feet wide, 20 feet deep (for each
parking each required garage parking N/A
required garage parking space).
space space).
dimensions
Garage See Article 10
Maneuvering
doors or N/A
area
openings
Prohibited unless: (i)the garage
door is set back ten feet or
more from the front yard,and
Door or (ii)there is only open area
opening above the driveway for at least (May affect eligibility as QMDS.See
g seven feet inward from the definitions ) N/A
facin front in Article 2.
street line. front yard, and (iii)any
structure above the driveway
(and within ten feet of the
front yard) must be
cantilevered or suspended
from the building(no special
posts or vertical supports being
allowed).
Prohibited unless: (i)the garage
door is set back ten feet or
more from the side street line,
and (ii)there is only open area
above the driveway for 10 at
Door or least seven feet inward from
opening the side street line, and (iii)any (May affect eligibility as QMDS.See
N/A
facing side structure above the driveway definitions in Article 2. )
street line (and within ten feet of the side
street line) must be
cantilevered or suspended
from the building(no special
posts or vertical supports being
allowed).
Garage Max. 600 sq.ft.GFA in any
Limit on non-
accessory accessory building containing N/A N/A
garage space
buildings garage space.
Note 1. Special Exceptions . The ZBA may issue a special exception for a parking area,
garage or driveway in another location or with a different design than prescribed by this
table, if it finds that: (i)the other location or design will not unreasonably interfere with
available light and air and will not significantly alter access for fire-fighting and similar
needs; (ii)the other location or design will prevent the destruction of a qualified tree; (iii)
in the case of the remodeling of a principal building, the location requested is the same
location as an existing parking area, garage or driveway; or(iv)the location or design
requested is necessary for safety considerations.
TABLE 7-4b
General Rule:Every structure must conform to the applicable regulations
Table 7-4b shown, by District, in this table.("N/A" means the rule does not apply.)
Exceptions/Special Rules: (1)See special rules noted in table. (2)See Article
9 regarding Planned Development Districts.
PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Regulation PDD-TH1 PDD-C1
SF1 SF2 SF3 TH2 TH4 TH5 TH7
Maximum
Dwelling One plus
units number per One, plus one AQ 17.5 per acre.See Note 9. one AQ
building site
100%for
all
Maximum dwelling
Framed area,
area as a 100%. types
all buildings
percentage 80% See other 100%.See Note 4. N/A
on a building
of building Note 4. than TH;
site
site area 125%for
TH.See
Note 4.
Length or Maximum
width,any horizontal N/A 130 feet.See Note 3. N/A
building dimension
Exterior
Must be of equal grade and quality, all sides.See
materials, Type N/A
any building. Section 8-104.
A four-hour firewall, or its equivalent, must separate
Separation Fire-rated
of DU's wall N/A adjoining dwelling units.See Notes 3 and 5. See also
Note 10(PDD-TH7 only)
SF privacy Applies.See Note 8. See also Note 10
See Note 8. N/A N/A
protection (PDD-TH7 only)
Accessory Maximum
buildings number per N/A 3 N/A
See Article building site
10 regarding
garage Height, 25 ft. 35 ft.See
space. maximum Note 2.
Stories,
2 and one-half 3 N/A
maximum
Height,
35, 25 in rear yard.
maximum, in 35.See Notes 1 and 7. 35
Principal See Note 1
feet
buildings
Minimum
1,600
gross floor
1,400 each DU 1,200 each DU each 1,300
area square
feet DU
Width,feet
(min,),
N/A 16, each DU N/A
outside to
outside
Height and N/A
screening of
rooftop See Note 11. Applies
mechanical
equipment
Note 1. Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building
in a residential district may project up to four feet above the roof. The maximum height of
chimneys attached to a principal building is the greater of 35 feet or four feet above the roof.
Note 2. Height In C District. In the C District, no part of any structure(except a fence) may be higher
than the horizontal distance from that part to the nearest part of an SF District.
Note 3. Building Detail, TH, PDD-TH and GR Districts. To separate buildings, there must be open
area at least five feet wide maintained so that firefighters with hoses could pass through.
Note 4. Framed Area In QMDS. Allowed square footage for a given building site is calculated by
multiplying the allowable percentage by (a)the building site's area plus (b)an allocated part of
any common use areas in the same QMDS (e.g., access easements, private streets, alleys,
reserves, etc. that are not part of a building site). The allocated part is proportional to the
building site's area divided by the area of all building sites in the same QMDS.
Note 5. Building Code. Separation requirements are in addition to other requirements of building
codes and other ordinances. See Code of Ordinances.
Note 6. Height in GR-1, GR-2. Principal buildings in GR-1 or GR-2 Districts may be three stories
high, but subject to the lower height limits prescribed for projecting spaces. See Table 7-2, Note
7.
Note 7. Certain Projecting Buildings . Special height rules apply to buildings projecting into yards.
See Tables 7-2 and 7-6.
Note 8. SF privacy protection. On a building site where this applies, there may not be a direct sight
line from any"third-floor viewpoint"to any point in an "SF privacy zone."A"third-floor viewpoint"
is any viewpoint on a"third-floor area"at eye level (six feet)or lower. A"third-floor area" is any
floored area (indoors or outdoors)where the floor is 18 feet or higher. The"SF privacy zone"
includes every point: (i)within 100 feet of the third floor viewpoint in question, (ii) on a building
site in an SF District, and (iii) below 20 feet in height. See Figure SFP.
Note 9. Calculation of DU's Per Acre . In a QMDS only, the total number of DU's is divided by the
total acreage of the QMDS to calculate the number of DU's per acre.
Note 10. Spacing of Dwelling Units in PDD-TH7. Except where dwelling units are separated by
common walls, the minimum distance between dwelling units shall be as follows: (i) No part of
any dwelling unit may be closer than five feet to another dwelling unit. (ii) No window may be
closer than 50 feet to a facing window to living space in another dwelling unit. (iii) Neither eaves
nor balconies may be closer than 40 feet to a facing window to living space in another dwelling
unit. (iv) Neither windows to living space nor balconies may be closer than 20 feet to any facing
wall of another dwelling unit.
Note 11. Rooftop Mechanical Equipment. In the C, TCC and PDD-C1 districts, any rooftop
mechanical equipment, whether new or replacement equipment, shall be accommodated within
the maximum building height limit and shall be fully screened from off-site and street area views
through design and materials consistent with the overall design and colors of the principal
building. This may include use of sloped roofs, a low parapet wall or other architectural
elements that conceal flat roof areas where mechanical equipment is mounted, provided that all
such building features comply with and do not project above the maximum building height limit.
Note 12. Building Placement and Maximum Height in TCC. In TCC,the following height restriction
shall apply: (i) Principal buildings shall be located in the front 60 feet of the building site and
shall be limited to 2 stories and 35 feet in height, including any rooftop mechanical equipment.
(ii)Accessory structures shall be located in the rear 70 feet of the building site and shall be
limited to 35 feet in height, including any rooftop mechanical equipment. (iii)Any rooftop
mechanical equipment,whether new or replacement, shall be fully screened from off-site and
street area views through design and materials consistent with the overall design and colors of
the principal building. This may include use of sloped roofs, a low parapet wall or other
architectural elements that conceal flat roof areas where mechanical equipment is mounted,
provided that all such building features comply with and do not project above the maximum
building height limit.
Note 13. Street Level Orientation in TCC. In TCC, the first floor of all buildings shall be at grade level.
Elevated structures with open areas or parking below the second floor are not permitted.
Table 7-5a
General Rule:Every building site,vehicular area and related structure must
conform to the applicable regulations shown, by District, in this table.
Table 7-5a ("N&A" means the rule does not apply.)Exceptions/Special Rules : (1)See
special rules noted in table. (3)See Article 9 regarding Planned Development
Districts. (3)See Note 7 regarding special exceptions. (4)See Article 10.
PDD- PDD- PDD- PDD- PDD- PDD-
Item Regulation PDD-SF1 PDD-SF2 PDD-SF3
TH1 TH2 TH4 TH5 TH7 C1
Off-street Depends on land use, layout, etc.See this Table, Table 7-4a, and Article 10
parking (including maneuvering areas, design requirements, "same site"rule, yards,
spaces and street areas, loading spaces, etc.).
parking
Number,
areas
location,
Other
size, design
regulations
apply;see,
e.g.Article
10
Grouping or Not allowed, except in a QMDS platted parking reserve serving two or more
sharing. DU's. But see Note 2.
Use of Parking spaces for non-SFD uses may only be used for motor vehicle parking.
parking See Note 3.
areas
Maneuvering See Article 10.
areas
Minimum 20 ft,via public or private street,to each principal building and each DU (or
Emergency
width to an adjacent open area accessible to firefighters and equipment).Other
accessway
See Note 1. regulations also apply, e.g,fire code.
Driveways Minimum For SFD use: nine ft.
and private width For non-SFD residential use: 10 feet, or 17 feet if two-way and serving three
streets See Note 1. or more DU's.
Other
regulations Maximum For SFD use: (i) Driveway serving any single-bay garage: 12 feet. (ii) Driveway
apply;see, width (in in a front yard serving rear garage or side-facing garage: 12 feet. (iii)
e.g.Article front yard or Driveway in side street area of a corner site serving a side-facing garage with
10. street area) three or more bays:30 feet; (iv)Any other driveway:20 feet. For other
See Note 1. residential uses: 24 ft. (or 35 feet if connecting to a major thoroughfare). For
all other uses: 30 feet(or 35 feet if connecting to a major thoroughfare).
For non-SFD uses: 160 feet, driving distance to the nearest street area,
Maximum measured along centerline from farthest end point.A longer driveway is
length allowed if there is an approved turnaround or second means of egress, or if
the driveway is platted as part of the common area in a QMDS.
Route,
See Note 6 N&A
location
For non-SFD uses:There must be at least 40 feet between the"inside"apron
Spacing edges(at their narrowest points)of driveways serving the same building
site.
For SFD use: Hard-surfaced or pervious pavement required for each required
Required driveway and parking space;twin "ribbons"of pavement are permitted. For
Pavement type all other uses: Reinforced concrete, with curbs and drains required for all
See Note 4. vehicular areas. Exceptions:(i)See Table 7-3 (pervious pavement)and Note
4, below. (ii)See Article 10 regarding"overhang."
Markings; For non-SFD uses: Parking spaces must be clearly marked on the pavement,
Required
wheel and wheel stops are required.See Note 12.
stops. type
Curb cuts For SFD use: Maximum one per designated building site abutting the street.
Other Number For non-SFD uses: Maximum one per 50-ft. segment of street line.See Note
regulations 5.
apply;
see, e.g. Four feet(for aprons) plus the maximum driveway width allowed. Each curb
Article 10 cut must be confined to the part of the street area that directly abuts the
Max.width
and building site(s)served.See Note 1.
Chapter 70 per 50 ft.
segment of
of the Code
street line
o f
Ordinances.
Forbidden See Chapter 82 of the Code of Ordinances.
Visibility structures,
triangles plants and
other things
Note 1. Width measurement methods. Minimum driveway width refers to unobstructed vehicular
access path and, for non-SFD use, pavement. Maximum driveway width refers to maximum
width of pavement in a front yard or street area, excluding complying curb cut aprons. Maximum
curb cut width refers to the width of the driveway plus aprons, measured at the edge of the
roadway.
Note 2. Grouped or shared parking. Article 10 also provides for a special exception, in certain
circumstances.
Note 3. Parking exclusivity(non-SFD uses) . Required parking spaces must be kept open, readily
accessible and used for parking only, with no sales, dead storage, display, repair work,
dismantling or servicing of any kind. Required guest parking spaces must be kept open and
reserved for that use only.
Note 4. Pavement. The ZBA may issue a special exception to allow other materials if it finds that
they will provide equal or better durability.
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 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.
Note 6. Route;Alternating Driveways. Each driveway must connect garage space to the street by
the most direct route. On narrow sites where alternate side yard areas apply(see"Yards"
table), the following special restrictions also apply: (A)there must be a driveway located as
nearly as practicable to one side of the site; (B)the side is determined in accordance with the
established driveway pattern for the block face in question, if there is such a pattern; and (C) if
there is no such pattern, and if there is an adjacent driveway on one adjoining building site but
not the other, the driveway must be on the side farthest from the adjoining driveway.
Exceptions: (i)this paragraph does not prohibit circular driveways specifically permitted under
another ordinance of the City, and (ii) a driveway may be curved or moved away from the most
direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree.
Note 7. Special Exceptions . The ZBA may issue a special exception for a parking area, garage or
driveway(or other maneuvering area) in another location or with a different design than
prescribed by this ordinance, if it finds that: (i)the other location or design will not unreasonably
interfere with available light and air and will not significantly alter access for fire-fighting and
similar needs; (ii)the other location or design will prevent the destruction of a qualified tree; (iii)
in the case of the remodeling of a principal building, the location requested is the same location
as an existing parking area, garage or driveway; or(iv) the location or design requested is
necessary for safety considerations.
Note 8. Curb Cuts in PDD-TH1 . (i) If a building site abuts both Bellaire Boulevard and another street,
then all vehicular access shall be from the other street, and no more than two curb cuts shall be
allowed. However, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot
10, Block 1, Kent Place Addition, if Lot 6 is included in the same building site or in a joint
development with the other lots, vehicular access shall be limited to one curb cut on Mercer
Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to
two curb cuts.
Note 9. Curb Cuts in PDD-TH5. (i) If a building site abuts both Academy and Bissonnet, no curb cuts
on Bissonnet and no more than two curb cuts on Academy are permitted. (ii) If a building site
abuts only Bissonnet, there may be no more than two curb cuts.
Note 10. Driveways in PDD-TH7. Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in
length, or 200 feet if a terminus is provided with dimensions adequate for turning.
Note 11. Curb Cuts in PDD-TH2. (i) If a building site abuts both Kirby Drive and another street,there
may be one curb cut on Kirby Drive and on each other abutting street. (ii) If a building site abuts
only Kirby Drive, vehicular access shall be limited to two curb cuts.
Note 12. Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop
counts toward minimum parking space dimensions if actually usable as "overhang"and not
needed for maneuvering area.
TABLE 7-5b
General Rule: Every structure must conform to the applicable regulations
Table 7-5b shown, by District, in this table. ("N/A" means the rule does not apply.)
Exceptions/Special Rules: (1)See special rules noted in table. (3)See Article 9
regarding Planned Development Districts.
PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Regulation
SF-1 SF-2 SF3 TH1 TH2 TH4 TH5 TH7 C1
Maximum
number
Swimming
per One.See Note 1. See Note 2.
pools
building
site
Maximum
number
Tennis One (may only be a private
per
courts tennis court).See Note 1.
building
site
All 25 feet. But see Buildings"table for certain building height limits.
35 ft.
structures Height,
See
See, also, maximum
Note 3.
Article 8.
Note 1. Tennis Courts., Swimming Pools in SF Districts. Each tennis court in a SF District must: (i)
be a private accessory structure for a single building site, (ii) be used for residential purposes
only, (iii) be open to the sky, but enclosed and screened to a height of at least eight feet on all
sides, and (iv) never be lighted for play. Each swimming pool in an SF District must be a private
accessory structure for a single building site and used for residential purposes only.
Note 2. Swimming Pools, Tennis Courts In TH Districts. The ZBA may issue a special exception for
a tennis court or a swimming pool if the ZBA finds that the proposed facility will not create a
drainage or noise problem and will not cause a significant increase in traffic on nearby streets.
Tennis courts and swimming pools must comply with the tennis court and swimming pool
regulations in the SF Districts, but may serve commonly-platted or restricted sites. See Note 1.
Note 3. Height in C District. In the C District, no part of any structure (except a fence) may be
higher than the horizontal distance from that part to the nearest part of an SF District.
Note 4. Utility Poles. An ordinary utility pole owned by a franchisee of the City may be up to 43
feet high, if the administrative official certifies that the additional height is necessary to separate
wires of different voltages and capacities from each other and from the ground, applying
standard technical codes and utility safety guidelines.
Exhibit 1-2"
mWest University Place Zoning Ordinance—Proposed PDD-SP3
General Rule:This table prescribes the minimum dimensions for building sites,
by District. ("DU" means"dwelling unit.") Exceptions/Special Rules:(1)See
Table 5-1r c-ewt-1 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).
PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Measurement
SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7 C1
Old
building
sites
(before
October Width,
50 ft. N/A 50 ft.
24, minimum
1987)
See
Notes 1
and 2
Depth, 100 ft. N/A N/A
minimum
Area, 5,000 5,000
2,000 sq.ft. per DU
minimum sq.ft. sq.ft.
New
building
sites (on
or after
Width,
October 75 ft. N/A 50 ft.
minimum
24,
1987)
See Note
3.
Depth, 110 ft. N/A N/A
minimum
Area, 8,250 5,000
minimum sq.ft. 2,000 sq.ft. per DU sq.ft.
Note 1. 4,500 Square Foot Exception . A structure may be located on an old building site with at
least 40 feet of width and at least 4,500 square feet of total area, if the building site: (i)was
improved with a principal building in existence on the 1987 effective date or for any period of
twenty consecutive years prior to the 1987 effective date, under circumstances where there was
no additional land used for the building site, and (ii)was created by subdivision plat and not
made smaller thereafter except to provide public right of way or to accommodate physical
encroachments, or as specifically allowed by Article 5.
Note 2. 4,300 Square Foot Exception. A structure may be located on an old building site with at
least 40 feet of width and at least 4,300 square feet of total area, if the building site: (i)was
created by subdivision plat approved by the city council or the Z&PC, (ii) has not been made
smaller thereafter for any reason.
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.
TABLE 7-1
General Rule:Within each District: uses marked "A" are allowed, uses
marked "SE"are allowed only to the extent authorized by a special
exception (see Note 3),and uses marked "X" are prohibited.
Table 7-1,cont. 1 Exceptions/Special Rules:(1) See PDD Schedules for planned
development districts. (2)See special rules noted in table.The ZBA is
authorized to issue all special exceptions mentioned in this Table.
Use PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Specific Use PDD-CI
Category SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7
Single-family A See Notes 1 and 7
Residential A
(detached)
A See
Single-family X See Notes
A See Note 1 A See Note l X
(attached) Note 8 1 and
7
Other
X X X X X X X X X
residential
Park, A See Notes 1 and 3
playground,
or community
A See
Public and center
Semi-Public Notes 3
(public), and 4
school
(public), place
of worship
Private green See Notes 1 and 2
space
School (other) X See
X X X X X X X X
See Note 9 — Note 3
Utility or A See Note 1
service use.
See Art. 8.
PWSF use. A or SE See PWSF Schedule.See Note 1
Commercial
See Article 8
regarding See See
certain Light See
X Notes X X X X X Notes 6
commercial Note 5
sexually and 11
oriented 12& 13
businesses.
Medium See
X X X X X X X
commercial Note 5
All other uses X X X X X X X X X
Note 1. High-density occupancies in SF District. High-density occupancies are allowed in SF
Districts only to the extent authorized by a special exception. The ZBA may issue such a special
exception if it finds and determines that the occupancy is a use that is (i) accessory to a lawful
primary use and (ii) reasonably compatible with nearby sites and their uses(in addition to any
other findings and determinations required for a special exception). Note : A previously-issued
special exception that authorized a use with a high-density occupancy is sufficient to comply
with this note.
Note 2. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other
similar uses that are predominantly pervious, vegetated and non-commercial are allowed in all
districts. Unless otherwise authorized by a special exception, the only structures allowed are
fences, playground equipment and landscaping structures(e.g., low, retaining walls, borders,
etc.). The ZBA may issue a special exception to authorize other structures. The special
exception shall include a site plan specifying and limiting allowable structures. If so ordered by
the ZBA, the site plan controls over any other ordinance to the contrary. However, the site plan
may not specify yards (or"setbacks") different from those otherwise required, unless the ZBA
finds that the different yards are: (i) necessary for efficient use of the available space and (ii)
compatible with nearby sites and their uses. The special exception may allow accessory
structures without a principal building.
Note 3. Accessory Uses and Structures. In the indicated districts, the ZBA may issue a special
exception to authorize additional uses and structures, if the ZBA finds and determines that each
additional use and structure is: (i) accessory to a lawful primary use and (ii)compatible with
nearby sites and their uses. The special exception may include a site plan identifying and
limiting such uses and structures.
Note 4. Park, Playground, Etc. In the C District, a park, playground or community center may be
privately or publicly owned.
Note 5. Parking Use in PDD-SF2. The ZBA may issue a special exception to authorize parking of
motor vehicles in connection with nearby commercial activities, upon approval by the ZBA of the
types of vehicles, design of parking facilities(including landscaping, paving, lighting,fences or
walls, signs, etc.)and curb cuts, all of which may be included as site-specific conditions of the
special exception.
Note 6. Light Office Use in PDD-C1. The only commercial use allowed in PDD-C1 is light office use,
meaning offices for conducting real estate, insurance and other similar businesses and the
offices of the architectural, clerical, engineering, legal, dental, medical and other established
and recognized professions, in which only such personnel are employed as are customarily
required for the practice of such business or profession.
Note 7. Garden-style use in PDD-TH4 . "Garden-style" single family detached use is allowed in PDD-
TH4 if authorized by a site plan meeting the requirements of Ordinance No. 1560, adopted
October 12, 1998, which is continued in effect for the original site plan and for amendments and
replacements of that plan. Such a site plan, after approval by ordinance in accordance with
Article 14, controls over any provision elsewhere in this ordinance.
Note 8. Attached dwellings in PDD-SF3. Any existing attached dwellings which complied with the
former Schedule PDD-TH3 (Browning Townhouse PDD) at the time of their construction have
PNC status, under and subject to Article 12 of this ordinance. The minimum width for interior
side yards for such dwelling units is zero where there is an existing common wall (or existing
continuously-abutting separate walls)along the property line, in either case with a four-hour fire
rating or better. The minimum number of parking spaces is two per dwelling unit, and additional
guest parking is not required, notwithstanding other provisions of this ordinance or any special
exception issued under this ordinance.
Note 9. School(other) . A special exception may authorize this use on sites wholly within the C
District or partially within the C District and partially within another district.
Note 10. Uses in TCC. The only uses allowed in TCC are retail, light office use, and food service
use. TCC does not allow for residential use of any kind, bars or club uses, entertainment
venues, sexually oriented businesses, auto-intensive uses, gambling establishments, surgical or
emergency clinics, or any medium commercial uses.
Note 11. Hours of operation. In the C, TCC and PDD-C1 districts, hours of operation for commercial
uses shall not unreasonably impact the residential character of adjoining residential districts. All
operations, including deliveries and other outdoor activity, shall comply with the City's noise
regulations; see Chapter 54 of the Code of Ordinances.All commercial garbage and trash
collection activities shall comply with Chapter 38 of the Code of Ordinances.
Note 12. Parkin• Lot Use in PDD-SF3. PDD-SF3 m- be used for i ear-king. loading and unloading
and sorting/inventory of contents of vehicles,trucks and vans(2 axels maximum)owned by
AT&T and/or its employees only as part of the telecommunications business only limited to
7.m-7. •n•- - r•- -x -.t related to services to medical facilities. due to customer
medical emergencies or catastrophic events(storms terrorist events etc) or parking only
which may occur at other times. (ii) vehicles tem op rarily required for repairs/construction
relating to the adcent building under common ownership limited to the term o_f a valid City
uilding permit (iii) no use(non-use is not abandonment) and (iv)any use permitted by a
current special exception. Washing, refueling and mechanical services are prohibited. but
minor emergency repairs(flat tire. dead batter . out of fuel. etc. are .ermitted. Trans•ortin,
personal items(including food)to and from vehicles and adjacent building under common
ownership. and transporting trash. litter and materials to and from vehicles and waste storage
areas is permitted Resting and phone calls are permitted within vehicles Structures are
•rohibited. unless sermitted b a current s.ecial exception. The •arkin• lot shall comply with
City Code, including light and noise restrictions applicable to residential areas The existing
solid walls and gates. and the landscaping outside the walls must be maintained in good
condition. Monthly landscaping services are required. No exterior signage is permitted. except
as required by law. Parking lot use on any lot in PDD-SF3 shall terminate upon: (i)
independent sale of the lot. (ii)sale of all of AT&T's facility on Bellaire/Academy to an entity not
in the telecommunications business. Merger of AT&T into another entity in the
telecommunication business will not terminate the parking lot use.
Note 13. Access/Parking Limits in PDD-SF3 during Parking Lot Use. The following limitations apply
to Parking Lot use: (i) access is prohibited from the parking lot to Ruskin St., (ii)parking/driving
of vehicles owned by AT&T and/or its employees is prohibited on Ruskin St. and Cason St.,
except for residents/invited guests and tem orarily while providing telecommunication services
to residents on those streets, and(iii) access to/from the parking lot shall be from Bellaire Blvd.
via Academy St. to the ap rking lot exce tp temporarily while rop viding telecommunication
services to residents on those streets.
TABLE 7-2
General Rule:No part of any structure may be located within a part of a building
site included within a yard defined, by District, in this table. ("N/A" means the
rule does not apply.)Exceptions/Special Rules:(1)Structures may be located in
Table 7-2,cont. 2
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.
Measureme PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item
nt SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7 CI
20 feet if the building
site depth is 110 feet or
less;25 feet if the
Distance building site depth is 20 ft. 5 ft.
Front
from front more than 110 feet but 10 ft.See Note 7. (Mercer (Bellaire
yard
street line. not more than 125 feet; Street) Blvd.)
30 feet if the building
site depth is more than
125 feet.See Note 5.
Distance
20 ft.
from side Greater of 10%of
Interior 5 ft.See Notes 4.1 and 4.2. See (south
property building site width or 5 N/A
side yard Note 7. property
line (each feet.See Note 2. line)
side).
Street Distance Greater of 10%of 10 ft. See
from side building site width or 5 10 ft.See Note 7. (Bissonnet)
side yard Note 8.
street line. ft.See Notes 2, 6.
Distance 10 ft.
Rear from rear 20 ft. 5 ft. (west
See 20 ft.See Note See
20 ft.See Note 1. See property
yard property Note 1. Note 8.
Note 1. line)
line. 1.
SF Distance N/A 20 ft. 10 ft. N/A
20 ft.See Note See
from See See
4Buffer- nearest part Note 7. Note 7. Note 8.
yard of an SF 7.
District
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 adjoining building sites fronting that street.
Note 2. Narrow Site "3/7"Exception. Alternate side yard areas apply to a building site meeting all
four of the following criteria: (A)The building site is less than 55 feet wide. (B) The use is single-
family(detached) use. (C) Outside the rear yard, no main wall surface of any building is closer
than 10 feet to any main wall surface of a"prior building"on another building site (unless there
are"prior buildings"on both sides, each within seven feet of the property line, in which case the
minimum separation from a"prior building" is eight feet). A"prior building" is a building in
existence, under construction or covered by a current building permit when a building permit is
issued for the subsequent building. (D)The owner has designated alternate side setback areas
in a form approved by the administrative official and in accordance with all of the following
criteria: (1) Minimum setback, interior: 3 feet. (2) Minimum setback, street side: 5 feet. (3)
Minimum setbacks, both sides combined: greater of 10 feet or 20% of the building site width. (4)
On each side, the setback is uniform in width along its entire length. See Table 7-5a regarding
"alternating driveway" rule.
Note 3. Rotated Corners. For rotated corner building sites (SF-1 District only), the minimum side
street yard width is: (i) 10 feet if the building site width is 65 feet or less, (ii) 10 feet plus the
distance by which the width of the building site exceed 65 feet, if the building site width is more
than 65 feet but less than 75 feet, (iii) 20 feet if the building site width is 75 feet or more but less
than 100 feet, or(iv)for building sites 100 feet wide or more, the side street yard width is
determined by the same rules as the front yard depth, except that the"depth"of the building site
is measured from the side street line.
Note 4.1. Common Walls. In the TH, GR-2, C, and all PDD-TH districts,the ZBA may issue a special
exception for a zero-width side yard, but only upon application by both property owners and only
if the special exception is conditioned upon the construction and maintenance of a common wall
or continuously abutting separate walls(in either case with a four-hour fire rating or better)
along the property line. See, also, Note 7, below,for QMDS.
Note 4.2. Common Walls in New Townhouse Construction. In all PDD-TH districts, where new
townhouses are concurrently constructed on two or more abutting building sites along a block
face, zero-width side yards are allowed by right wherever a common wall or continuously
abutting separate walls will be constructed and maintained (in either case with a four-hour fire
rating or better) along the property line. On each building site that contains the end townhouse
in a row of attached townhouses on abutting sites, the interior side yard requirement, or the
street side yard requirement for a corner site, shall apply along the side property line where a
common wall or continuously abutting separate walls will not be constructed. See, also, Note 7,
below, for QMDS.
Note 5. Major Thoroughfares. The ZBA may issue a special exception for a front yard less than 30
feet deep abutting a major thoroughfare, if the front yard prescribed is at least 10 feet deep, and
if the special exception requires the greatest practicable amount of pervious area in the front
yard.
Note 6. Special Exception. The ZBA may prescribe a different street side yard by special exception
relating to frontage. See Article 8.
Note 7. Yards In QMDS. In a QMDS, yards are only required around the perimeter of the subdivision
and are designated by the subdivision plat. See definition of QMDS. Standard projections into
QMDS yards are allowed per the Projections Schedule. In addition:
(a) Front yard (GR-1 or GR-2 Only):A principal building with an internal access garage may
project as close as 10 feet to the street area if, in the projecting part: (a)there is a first-floor
porch or with at least 80 sq. ft. of floor space(open or screened)and no dimension smaller
than seven feet; (b) above the porch or court, no more than half the usable floor space is
enclosed (coverings and other floor space, including open or screened porches, are
allowed above all the porch or court); (c)the cornice height does not exceed 27 feet; (d)
there are no more than 2.5 stories; and (e)there is no garage space.
(b) Front yard: Bay windows, canopies and balconies at least 18 inches above grade may
project up to 24 inches beyond the principal building. Steps and handrails may project up
to 30 inches beyond the principal building.
(c) Rear Yard and SF Bufferyard. Buildings up to 10 feet high (measured from finished grade to
top of roof plate) may project, but not closer than 10 feet to the property line.
Note 8. Yards in PDD-C1. In PDD-C1,the yards and street lines are as follows, notwithstanding
other provisions of this ordinance: (i)The rear yard is the area within 20 feet of the rear property
line(the line farthest from Bellaire Blvd.) of any building site, and for this purpose,the said rear
property line shall be not in excess of 120 feet from the north right-of-way line of Bellaire Blvd.
Exception: The rear yard upon Lot 2, Block 35, Colonial Terrace Addition (also known as the
south 140 feet of Tract 9, Cambridge Place) is the area within 40 feet of the rear property line of
said lot, said rear property line being located 140 north of the north right-of-way line of Bellaire
Blvd. (ii)The street side yard is the area within ten feet of any side street line where the street
area is 50 feet or less in width, or within five feet of any side street line where the street area is
more than 50, but less than 70, feet wide. (iii)The front yard is the area within five feet of the
front street line(which is the common boundary with Bellaire Boulevard). Any area outside of a
building line established by ordinance or by recorded plat is considered part of the
corresponding yard.
Note 9. Yards in TCC. In TCC, the front street line is designated as the common boundary of the
building site and the Edloe Street street area. For building sites with a side street along Rice
Boulevard, the side yard shall be zero feet. For building sites with a side street line along
University Boulevard, the side yard shall be five feet. The rear yard may be reduced by any
future reduction in the width of the utility easement along the Poor Farm Ditch.
TABLE 7-3
General Rule: Every building site must have the minimum open and pervious
areas shown, by District, in this table. ("N/A" means the rule does not apply.)
Table 7-3,-6ent.3 Exceptions/Special Rules:(1)See PDD Schedules for planned development
districts. (2)See special rules noted in table. (3)See the Projections Schedule
for details about calculating open and pervious areas.
PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Measurement
SF1 SF2 SF3 TH1 TH2 TH4 TH5 TH7 C1
Front yard,
Open
minimum 60%. N/A N/A
area
percentage.
Rear yard,
minimum
60%.See Note 1. N/A N/A
percentage.
See Note 6.
Entire building
site, minimum 40% 25% N/A
percentage.
Front yard,
Pervious
minimum 50% 50%See Note 2. N/A
area
percentage
Entire building
site, minimum 24% 15% N/A
percentage
Landscaping Required, except for SFD uses on building sites with 5,000 sq.ft. or more.See
strips Notes 3 and 5.
For SFD uses on building sites with 5,000 sq.ft. or more,there must be at
Qualified trees least one qualified tree in the front yard or in the adjacent street area. For all
other uses, each qualified tree required by this ordinance or Chapter 82 of
the Code of Ordinance must be located within a contiguous and reasonably
compact pervious area containing at least 25 sq.ft. However, additional or
better pervious area may be required to comply with Chapter 82.
Pervious In a QMDS only, pervious pavement is allowed to be used for all vehicular
pavement areas, and part of it may count as pervious area.See Note 4.
Each parking area containing 21 or more parking spaces must contain interior
Parking areas,
pervious areas in "island"or"peninsula" configurations aggregating in area at
interior
least two square feet for each parking space.
Note 1. Rear Yard Adjacent to Non-SF. The ZBA may issue a special exception to reduce the
requirement for open area in a rear yard in a SF District to not less than 40%, if the rear yard
abuts a non-SF District.
Note 2. Pervious Area in QMDS . Front yard minimum pervious area requirement in a QMDS is
40%., or 30%for a front yard in a QMDS"low-impact motor court."
Note 3. Landscaping Strips . Vegetated pervious areas required as follows: (a) minimum five feet
wide adjacent to each street area (or 3.5 ft. if located in front of a fence or wall at least 3.5 feet
high), and (b) minimum 18 inches wide to separate each paved vehicular area from a fence or
subdivision or replat boundary. Exception: Strips are not required along alleys or where they
must be crossed by sidewalks or driveways. Strips along street areas must have live, evergreen
shrubs (maximum spacing is 3.5 ft.) and live qualified trees under Chapter 82 of the Code of
Ordinances(maximum spacing is 20 ft.). The administrative official may approve different
spacing for shrubs or trees, upon a showing that(i)the spacing is allowed by standard urban
forestry criteria for the particular species and location and (ii)the spacing will comply with
Chapter 82. The ZBA may issue a special exception to allow a landscaping strip to be located
in whole or in part within a street area, if the ZBA finds that the particular landscaping will, in all
probability, be allowed to remain intact for at least 50 years and that it can be maintained and
will function as well as a strip located completely on private property.
Note 4. Pervious Pavement. In a QMDS, the area of the holes or gaps(if actually pervious) counts
toward pervious area requirements (but no more than 30% out of any area with pervious
pavement may count).
Note 5. Visual Buffer Zone. In TCC, along the east edge of each property a landscaped buffer zone
shall be established consisting of trees, shrubs, and other durable vegetation adequate to
minimize the transmittal of light and provide a visual buffer between a use in TCC and adjacent
SF district properties. Evergreen shrubs shall be planted to form a continuous hedge with no
gaps. Shrubs shall be hardy species that will withstand freezing temperatures. The plants shall
be at least 18 inches in height as measured from the surrounding soil line and shall have a
maximum 18 inch width at the widest portion when planted. Shrubs shall be capable of growth
to not less than 48 inches in height when measured from the surrounding soil line and shall form
a continuous hedge within three annual growing seasons. Shrubs shall be maintained at a
height that does not interfere with overhead utility lines. Trees planted in the buffer zone shall
not interfere with overhead utility lines.
Note 6. Old Stock Housing. The ZBA may issue a special exception to reduce the open area
requirement in the rear yard, if the ZBA determines: (i)the reduction is reasonably necessary to
preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled
or expanded (up to a total gross floor area, for all buildings on the site, that does not exceed the
greater of 3,400 square feet or 200% of the gross floor area of all the buildings on the site when
the principal building was built, before 1980); and (ii)there will be no substantial adverse impact
upon nearby properties.
TABLE 7-4a
General Rule: Every building site,garage space and related
structure must conform to the applicable regulations
shown, by District, in this table. ("N/A" means the rule does
Table 7-4a,cont. not apply.)Exceptions/Special Rules: (1)See special rules
noted in table. (2) See Article 9 regarding Planned
Development Districts. (3)See Note 1 regarding special
exceptions.
PDD- PD
Regulati PDD- PDD- TH1 PDD- PDD- PDD- D- PD PDD-
Item D-
on SF1 SF2 SF3 TH1 TH2 TH4 TH THE C1
5
Minimum 2.0 (1.0 per
DU for old stock
Garag Garage
housing); each must be
e parking
enclosed or semi-
space, spaces. Minimum 2.0 per DU; must Minimum 2.0 per DU;
enclosed and adjoin a N/A
in See be enclosed. must be enclosed.
driveway. Maximum 1.0
gener Article
per 2,225 of building
al 10.
site area, not to exceed
4.0.
Minimu
m garage
10 feet wide, 20 feet 10 feet wide, 20 feet deep 10 feet wide, 20 feet
parking
deep(for each required (for each required garage deep(for each required N/A
space
garage parking space). parking space). garage parking space).
dimensio
ns
Garag See Article 10
e
doors Maneuve
N/A
or ring area
openi
ngs
Prohibited unless: (i)
the garage door is set
back ten feet or more
from the front yard,
and (ii)there is only
open area above the
driveway for at least
Door or
seven feet inward from
opening
the front yard, and (iii) (May affect eligibility as
facing
any structure above the QMDS.See definitions in N/A
front
driveway (and within Article 2. )
street
ten feet of the front
line.
yard) must be
cantilevered or
suspended from the
building(no special
posts or vertical
supports being
allowed).
Prohibited unless: (i)
the garage door is set
back ten feet or more
from the side street
line, and (ii)there is
only open area above
the driveway for 10 at
Door or least seven feet inward
opening from the side street
facing line, and (iii) any (May affect eligibility as
side structure above the QMDS.See definitions in N/A
Article 2. )
street driveway(and within
line ten feet of the side
street line) must be
cantilevered or
suspended from the
building(no special
posts or vertical
supports being
allowed).
Garag Max. 600 sq.ft.GFA in
e Limit on any accessory building
access non- containing garage
N/A N/A
ory garage space.
buildi space
ngs
Note 1. Special Exceptions . The ZBA may issue a special exception for a parking area,
garage or driveway in another location or with a different design than prescribed by this
table, if it finds that: (i)the other location or design will not unreasonably interfere with
available light and air and will not significantly alter access for fire-fighting and similar
needs; (ii)the other location or design will prevent the destruction of a qualified tree;(iii)
in the case of the remodeling of a principal building,the location requested is the same
location as an existing parking area, garage or driveway; or(iv)the location or design
requested is necessary for safety considerations.
TABLE 7-4b
General Rule: Every structure must conform to the applicable regulations
shown, by District, in this table.("N/A" means the rule does not apply.)
Table 7-4bt,
Exceptions/Special Rules: (1)See special rules noted in table. (2)See Article
9 regarding Planned Development Districts.
PDD- PDD- PDD- PDD- PDD- PDD- PDD-
Item Regulation PDD-TH1 PDD-C1
SF1 SF2 SF3 TH2 TH4 TH5 TH7
Maximum
Dwelling One plus
units number per One, plus one AQ 17.5 per acre.See Note 9. one AQ
building site
100%for
all
Maximum dwelling
Framed area,
area as a 100%. types
all buildings
percentage 80% See other 100%.See Note 4. N/A
on a building
of building Note 4. than TH;
site
site area 125%for
TH.See
Note 4.
Length or Maximum
width, any horizontal N/A 130 feet.See Note 3. N/A
building dimension
Exterior
materials T yP e N A Must be of equal grade and quality, all sides.See
/
Section 8-104.
any building.
A four-hour firewall,or its equivalent, must separate
Separation of Fire-rated
DU's wall N/A adjoining dwelling units.See Notes 3 and 5.See also
Note 10(PDD-TH7 only)
SF rivac Applies.See Note 8. See also Note 10
p Y pp
See Note 8. N/A N/A
protection (PDD-TH7 only)
Accessory Maximum
buildings number per N/A 3 N/A
See Article 10 building site
regarding
garage Height, 25 ft. 35 ft.See
space. maximum Note 2.
Stories,
2 and one-half 3 N/A
maximum
Height,
35, 25 in rear yard.
maximum, in 35.See Notes/ and 7. 35
Principal See Note 1
feet
buildings
Minimum
1,600
gross floor
1,400 each DU 1,200 each DU each 1,300
area square
feet DU
Width,feet
(min,),
N/A 16, each DU N/A
outside to
outside
Height and N/A
screening of
rooftop See Note 11. Applies
mechanical
equipment
Note 1. Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building
in a residential district may project up to four feet above the roof. The maximum height of
chimneys attached to a principal building is the greater of 35 feet or four feet above the roof.
Note 2. Height In C District. In the C District, no part of any structure(except a fence) may be higher
than the horizontal distance from that part to the nearest part of an SF District.
Note 3. Building Detail, TH, PDD-TH and GR Districts. To separate buildings, there must be open
area at least five feet wide maintained so that firefighters with hoses could pass through.
Note 4. Framed Area In QMDS. Allowed square footage for a given building site is calculated by
multiplying the allowable percentage by(a)the building site's area plus (b)an allocated part of
any common use areas in the same QMDS (e.g., access easements, private streets, alleys,
reserves, etc. that are not part of a building site). The allocated part is proportional to the
building site's area divided by the area of all building sites in the same QMDS.
Note 5. Building Code. Separation requirements are in addition to other requirements of building
codes and other ordinances. See Code of Ordinances.
Note 6. Height in GR-1, GR-2. Principal buildings in GR-1 or GR-2 Districts may be three stories
high, but subject to the lower height limits prescribed for projecting spaces. See Table 7-2, Note
7.
Note 7. Certain Projecting Buildings. Special height rules apply to buildings projecting into yards.
See Tables 7-2 and 7-6.
Note 8. SF privacy protection. On a building site where this applies, there may not be a direct sight
line from any"third-floor viewpoint"to any point in an "SF privacy zone."A"third-floor viewpoint"
is any viewpoint on a"third-floor area"at eye level (six feet)or lower. A"third-floor area" is any
floored area (indoors or outdoors)where the floor is 18 feet or higher. The"SF privacy zone"
includes every point: (i)within 100 feet of the third floor viewpoint in question, (ii) on a building
site in an SF District, and (iii) below 20 feet in height. See Figure SFP.
Note 9. Calculation of DU's Per Acre . In a QMDS only, the total number of DU's is divided by the
total acreage of the QMDS to calculate the number of DU's per acre.
Note 10. Spacing of Dwelling Units in PDD-TH7. Except where dwelling units are separated by
common walls, the minimum distance between dwelling units shall be as follows: (i) No part of
any dwelling unit may be closer than five feet to another dwelling unit. (ii) No window may be
closer than 50 feet to a facing window to living space in another dwelling unit. (iii) Neither eaves
nor balconies may be closer than 40 feet to a facing window to living space in another dwelling
unit. (iv) Neither windows to living space nor balconies may be closer than 20 feet to any facing
wall of another dwelling unit.
Note 11. Rooftop Mechanical Equipment. In the C, TCC and PDD-C1 districts, any rooftop
mechanical equipment,whether new or replacement equipment, shall be accommodated within
the maximum building height limit and shall be fully screened from off-site and street area views
through design and materials consistent with the overall design and colors of the principal
building. This may include use of sloped roofs, a low parapet wall or other architectural
elements that conceal flat roof areas where mechanical equipment is mounted, provided that all
such building features comply with and do not project above the maximum building height limit.
Note 12. Building Placement and Maximum Height in TCC. In TCC, the following height restriction
shall apply: (i) Principal buildings shall be located in the front 60 feet of the building site and
shall be limited to 2 stories and 35 feet in height, including any rooftop mechanical equipment.
(ii)Accessory structures shall be located in the rear 70 feet of the building site and shall be
limited to 35 feet in height, including any rooftop mechanical equipment. (iii)Any rooftop
mechanical equipment, whether new or replacement, shall be fully screened from off-site and
street area views through design and materials consistent with the overall design and colors of
the principal building. This may include use of sloped roofs, a low parapet wall or other
architectural elements that conceal flat roof areas where mechanical equipment is mounted,
provided that all such building features comply with and do not project above the maximum
building height limit.
Note 13. Street Level Orientation in TCC. In TCC, the first floor of all buildings shall be at grade level.
Elevated structures with open areas or parking below the second floor are not permitted.
TAB ETable 7-5a
General Rule:Every building site,vehicular area and related structure must
conform to the applicable regulations shown, by District, in this table.
Table 7-5a t. ("N&A" means the rule does not apply.)Exceptions/Special Rules : (1)See
special rules noted in table. (3)See Article 9 regarding Planned Development
Districts. (3)See Note 7 regarding special exceptions. (4)See Article 10.
PDD- PDD- PDD- PDD- PDD- PDD-
Item Regulation PDD-SF1 PDD-SF2 PDD-SF3
TH1 TH2 TH4 TH5 TH7 C1
Off-street Depends on land use, layout, etc.See this Table, Table 7-4a, and Article 10
parking (including maneuvering areas, design requirements, "same site"rule, yards,
spaces and street areas, loading spaces, etc.).
parking
Number,
areas
location,
Other
size, design
regulations
apply;see,
e.g.Article
10
Grouping or Not allowed, except in a QMDS platted parking reserve serving two or more
sharing. DU's. But see Note 2.
Use of Parking spaces for non-SFD uses may only be used for motor vehicle parking.
parking areas See Note 3.
Maneuvering See Article 10.
areas
Minimum 20 ft,via public or private street,to each principal building and each DU (or
Emergency
width to an adjacent open area accessible to firefighters and equipment).Other
accessway
See Note 1. regulations also apply, e.g,fire code.
Minimum For SFD use: nine ft.
Driveways
width For non-SFD residential use: 10 feet,or 17 feet if two-way and serving three
and private
streets
See Note 1. or more DU's.
Other
Maximum For SFD use: (i) Driveway serving any single-bay garage: 12 feet. (ii) Driveway
regulations
width (in in a front yard serving rear garage or side-facing garage: 12 feet. (iii)
apply;see, front yard or Driveway in side street area of a corner site serving a side-facing garage with
e.g.Article street area) three or more bays:30 feet; (iv)Any other driveway:20 feet. For other
10. See Note 1. residential uses: 24 ft. (or 35 feet if connecting to a major thoroughfare). For
all other uses: 30 feet(or 35 feet if connecting to a major thoroughfare).
For non-SFD uses: 160 feet, driving distance to the nearest street area,
Maximum measured along centerline from farthest end point.A longer driveway is
length allowed if there is an approved turnaround or second means of egress, or if
the driveway is platted as part of the common area in a QMDS.
Route,
See Note 6 N&A
location
For non-SFD uses:There must be at least 40 feet between the"inside" apron
Spacing edges (at their narrowest points)of driveways serving the same building
site.
For SFD use: Hard-surfaced or pervious pavement required for each required
Required driveway and parking space;twin "ribbons" of pavement are permitted. For
Pavement type all other uses: Reinforced concrete,with curbs and drains required for all
See Note 4. vehicular areas. Exceptions:(i)See Table 7-3 (pervious pavement)and Note
4, below. (ii)See Article 10 regarding"overhang."
Markings; For non-SFD uses: Parking spaces must be clearly marked on the pavement,
Required
wheel and wheel stops are required.See Note 12.
stops. type
Curb cuts For SFD use: Maximum one per designated building site abutting the street.
Other Number For non-SFD uses: Maximum one per 50-ft. segment of street line.See Note
regulations 5.
apply;
see, e.g. Four feet(for aprons) plus the maximum driveway width allowed. Each curb
Article 10 cut must be confined to the part of the street area that directly abuts the
Max.width
and building site(s)served.See Note 1.
per 50-ft.
Chapter 70
segment of
of the Code street line
of
Ordinances.
Visibility Forbidden See Chapter 82 of the Code of Ordinances.
triangles structures,
plants and
other things
Note 1. Width measurement methods. Minimum driveway width refers to unobstructed vehicular
access path and, for non-SFD use, pavement. Maximum driveway width refers to maximum
width of pavement in a front yard or street area, excluding complying curb cut aprons. Maximum
curb cut width refers to the width of the driveway plus aprons, measured at the edge of the
roadway.
Note 2. Grouped or shared parking. Article 10 also provides for a special exception, in certain
circumstances.
Note 3. Parking exclusivity(non-SFD uses) . Required parking spaces must be kept open, readily
accessible and used for parking only, with no sales, dead storage, display, repair work,
dismantling or servicing of any kind. Required guest parking spaces must be kept open and
reserved for that use only.
Note 4. Pavement. The ZBA may issue a special exception to allow other materials if it finds that
they will provide equal or better durability.
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 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.
Note 6. Route;Alternating Driveways. Each driveway must connect garage space to the street by
the most direct route. On narrow sites where alternate side yard areas apply (see"Yards"
table), the following special restrictions also apply: (A)there must be a driveway located as
nearly as practicable to one side of the site; (B)the side is determined in accordance with the
established driveway pattern for the block face in question, if there is such a pattern; and (C) if
there is no such pattern, and if there is an adjacent driveway on one adjoining building site but
not the other, the driveway must be on the side farthest from the adjoining driveway.
Exceptions: (i)this paragraph does not prohibit circular driveways specifically permitted under
another ordinance of the City, and (ii) a driveway may be curved or moved away from the most
direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree.
Note 7. Special Exceptions . The ZBA may issue a special exception for a parking area, garage or
driveway(or other maneuvering area) in another location or with a different design than
prescribed by this ordinance, if it finds that: (i)the other location or design will not unreasonably
interfere with available light and air and will not significantly alter access for fire-fighting and
similar needs; (ii)the other location or design will prevent the destruction of a qualified tree; (iii)
in the case of the remodeling of a principal building, the location requested is the same location
as an existing parking area, garage or driveway; or(iv)the location or design requested is
necessary for safety considerations.
Note 8. Curb Cuts in PDD-TH1 . (i) If a building site abuts both Bellaire Boulevard and another street,
then all vehicular access shall be from the other street, and no more than two curb cuts shall be
allowed. However, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot
10, Block 1, Kent Place Addition, if Lot 6 is included in the same building site or in a joint
development with the other lots, vehicular access shall be limited to one curb cut on Mercer
Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to
two curb cuts.
Note 9. Curb Cuts in PDD-TH5. (i) If a building site abuts both Academy and Bissonnet, no curb cuts
on Bissonnet and no more than two curb cuts on Academy are permitted. (ii) If a building site
abuts only Bissonnet, there may be no more than two curb cuts.
Note 10. Driveways in PDD-TH7. Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in
length, or 200 feet if a terminus is provided with dimensions adequate for turning.
Note 11. Curb Cuts in PDD-TH2. (i) If a building site abuts both Kirby Drive and another street, there
may be one curb cut on Kirby Drive and on each other abutting street. (ii) If a building site abuts
only Kirby Drive, vehicular access shall be limited to two curb cuts.
Note 12. Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop
counts toward minimum parking space dimensions if actually usable as"overhang"and not
needed for maneuvering area.
TABLE 7-5b
General Rule: Every structure must conform to the applicable regulations
shown, by District, in this table. ("N/A" means the rule does not apply.)
Table 7-5b,cont,
Exceptions/Special Rules:(1)See special rules noted in table. (3) See Article 9
regarding Planned Development Districts.
PDD- PDD-SF- PDD- PDD- PDD- PDD- PDD- PDD-
Item Regulation PDD-C1
SF-1 2 SF3 TH1 TH2 TH4 TH5 TH7
Maximum
Swimming number per
One.See Note 1. See Note 2.
pools building
site
Maximum
Tennis number per One (may only be a private
courts building tennis court).See Note 1.
site
All 25 feet. But see "Buildings"table for certain building height limits.
35 ft.
structures Height, See
See, also, maximum Note 3.
Article 8.
Note 1. Tennis Courts., Swimming Pools in SF Districts . Each tennis court in a SF District must: (i)
be a private accessory structure for a single building site, (ii) be used for residential purposes
only, (iii) be open to the sky, but enclosed and screened to a height of at least eight feet on all
sides, and (iv) never be lighted for play. Each swimming pool in an SF District must be a private
accessory structure for a single building site and used for residential purposes only.
Note 2. Swimming Pools, Tennis Courts In TH Districts. The ZBA may issue a special exception for a
tennis court or a swimming pool if the ZBA finds that the proposed facility will not create a
drainage or noise problem and will not cause a significant increase in traffic on nearby streets.
Tennis courts and swimming pools must comply with the tennis court and swimming pool
regulations in the SF Districts, but may serve commonly-platted or restricted sites. See Note 1.
Note 3. Height in C District. In the C District, no part of any structure(except a fence) may be higher
than the horizontal distance from that part to the nearest part of an SF District.
Note 4. Utility Poles . An ordinary utility pole owned by a franchisee of the City may be up to 43 feet
high, if the administrative official certifies that the additional height is necessary to separate
wires of different voltages and capacities from each other and from the ground, applying
standard technical codes and utility safety guidelines.
Document comparison by Workshare 9.5 on Tuesday, July 10, 2018 5:38:53 PM
Input:
Document 1 ID file://G:\Clients\10017\002\Zoning\Excerpts from Zoning
Ordinance PDD-SF2.docx
Description Excerpts from Zoning Ordinance PDD-SF2
Document 2 ID file://G:\Clients\10017\002\Zoning\Proposed PDD-SF3 v1
7-10-18.docx
Description Proposed PDD-SF3 v1 7-10-18
Rendering set Standard
Legend:
Insertion
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Public Works Department
3800 l nivetsity Blvd.
West l'nivcrsity Place,7X 77005
City of
West University 713.668.1441
Place ww w.wvestutx.gov
August 1, 2018
Dear Resident/Property Owner,
You are receiving a copy of this letter so that you are aware there will be a presentation on behalf of
AT&T regarding a brand new application for the possible rezoning of their property at the corner of
Academy and Ruskin Streets. This presentation is scheduled for the Zoning and Planning
Commission meeting to be held on August 9, 2018 at 6:15 pm.
The proposal will affect the six lots owned by AT&T where parking for the building on Bellaire is
currently utilized. The request is to rezone these six lots from a Single Family(Detached) 3 (SF3)to
a newly created Planned Development District Single Family 3 (PDD-SF3) classification. A full copy
of the application can be accessed by going to www.westutx.gov/zpc
The meeting on August 9th will be a regular meeting in which the Zoning and Planning Commission
will hear information on the application and possibly determine if a preliminary report to the City
Council to call for a joint public hearing should be approved. This meeting is not a public hearing. If
a public hearing is scheduled, all property owners/residents within 200' feet of the site will be mailed
a notice of the public hearing. The notice will also be sent out with water bills and posted in a local
area newspaper.
If you need additional information or have questions,please call the Public Works Customer Care line
at 713-662-5839 and we will be happy to assist you.
Debbie Scarcella
City Planner
City of West University Place
3826 Amherst,West University Place,TX 77005
Tel 713.662.5893
Fax 713.662.5369
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The AT&T proposal will permit a warehouse distribution use for the residential parking lots
consistent with light industrial in most Texas Municipal Zoning Ordinances.
A new ordinance is needed to permit these expanded commercial uses but there is no need
to create a new ordinance to clarify the current zoning law. The November 2015 Formal
Decision is affirmed by the ZBA and unappealable
ZBA has determined, consistently that Ordinance 1039 and 932 permit parking vehicles owned
by AT&T or its employees on the lots subject or residential uses. Loading and unloading and
sorting/inventory is prohibited on the subject lots. The ZBA determination reflects the
November 2016 Formal Decision of the Zoning Official written in consultation with James L.
Dougherty Jr., a highly respected expert in Texas zoning and a past West University Place City
attorney that stated "commercial uses are generally normally prohibited. (with the exception
of) expressly authorized non-residential parking...". Additionally, the Formal Decision states
"They (the Parking Ordinances 1039 and 932)" did not authorize... (v) use for any kind of loading
"dock". AT&T appealed the November 2015 Formal Decision to the Zoning Board of Adjustment
in accordance with Texas 211.0094. The ZBA affirmed the Formal Decision in whole as written
without modification. Neither AT&T, the City Attorney, the Zoning Official or the Mayor
appealed the ZBA decision as authorized by Texas 211. Accordingly, the November 2015 Formal
Decision is the final interpretation of 1039 and 932 and AT&T must have a new ordinance to
allow its needed light industrial warehouse and distribution use on the subject lots.
There is almost no chance of winning its appeal of the June 2016 ZBA Appeal. The Formal
Decision of the ZAOning Official issued in April 2016 is as phony as a three dollar bill. Texas
211 does not authorize a Zoning Official to reverse a decision of the ZBA although the Zoning
Official or any City Official is allowed to timely appeal a ZBA decision to the District Court and
failed to do it.
The AT&T Proposal is a expansion of Commercial (Industrial) uses. Any commercial use other
than parking is prohibited. Expansion of commercial uses on a lot along a residential street that
is not a thoroughfare and abutting a residential neighborhood is in specific conflict with the City
Comprehensive Plan and therefore prohibited Texas Law 211.
A rezoning that benefits exclusively one land owner and is detrimental to the interests of all
others is a violation of Texas prohibition of spot zoning. The proposed new ordinance will
diminish the value of adjacent homes in the future as the illegal use of the properties did in the
past. Three of eight homes on the 4000 block of Ruskin all sold at prices below market values
appraised on HCAD in 2015. Based on these prices, neighboring homes are worth substantially
less than the 2015 Market appraisals as well. It will create a light industrial zone in the midst of
a residential district.
No traffic study has been done as required by the West U zoning ordinance. Housing a
distribution fleet in the parking lot will force the AT&T employees to park in the street. 1969 all
over again. A traffic study is required.
81b12018 Bellaire,TX Code of Ordinances
Sec. 24-542. - LI Light Industrial District(LI).
A. Purpose. The LI Lig. • str'-. II istr c 'nclu.- and industrial non-polluting uses such
as manufacturing, storage/ arehousin::distributio and related office use.
B. Uses.
(1) Permitted uses.
a) Utilities:
1) Local utility distribution lines;
2) Telephone lines and related cross connecting points.
b) Facilities owned and maintained by the City.
c) Planned Devel..ment: Li:ht Industrial.
• Ac •+ • ' - • '•ht industrial uses.
e) Automobile or motorcycles sales.
f) Automobile parts sales.
• City of Bellaire mdwhotesalin .
g
Ashley Parcus
Development Services Coordinator p
Development Services
www.bellairetx.gov
op.
7008 South Rice Avenue "eenhouse or nursery stock storage area.
Bellaire,Texas 77401-4411 (713)662-8240
aparcus @bellairetx.gov plants.
n) Light compounding or fabrication.
o) Light manufacturing uses.
p) Printing plants and shops.
q) Public utility plants and offices.
r) Radio or television broadcasting stations, studios or offices.
s) Tire retreading or recapping.
t) Trailer rental or sales.
u) Truck and construction equipment sales and service.
v Veterinary clinic.
w) Warehouse.
x) Welding or machine shop.
y) Wholesale bakery.
z) Business and professional offices. (Ord. No. 83-088, § 1, 11-21-1983)
(2) Specific uses.
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