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HomeMy WebLinkAbout09132018 ZPC Agenda Item 2 Memo To: Zoning and Planning Commission From: Debbie Scarcella,City Planner Date: September 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-TH6 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, 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. 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DD ' l'!'''s-° W 0 - , tr ''**1 rill , .......,- :s.' - ..rit c_5_1_ ,____ r 1 r _ Survey Results West University Place Voters Creative Consumer Research Telephone Polling Voted in the last 2 elections (Presidential or local) Not employed in Market Research, Politics or Media 82% Against -AT&T Expansion of Commercial Uses on Residential Street 84% Proposed Rezoning WEAKENS Residential Property Values Through Out the City Question: Do you believe that the Council should vote to rezone AT&T to permit the requested commercial or light industrial activities? • Council Rezoning to Permit AT&T Use Percentage "Short "Long responding Intro" Intro" with opinions Week 2 Week 1 Against 80 Rezoning% For Rezoning % 18 20 Total 100 100 No statistical difference"long Intro vs short intro" Question: Do you believe that rezoning of properties on a residential street to expand commercial uses weakens protection of residential properties and neighborhoods and may reduce the value of West U properties that are residential? Weakens Valuations Percentage "Short "Long responding Intro" Intro" with opinions Week 2 Week 1 Weaken Values% No effect% 16 18 Total 100 100 No statistical difference`Yong Intro vs short intro" Awareness of the issue is building every week. Answer the same regardless of introduction to the survey. City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS SO AS TO CREATE A NEW THIRD SINGLE FAMILY PLANNED DEVELOPMENT DISTRICT (PDD-SF3) AND CHANGE THE ZONING DISTRICTS FOR A CERTAIN BUILDING SITE LOCATED AT THE CORNER OF THE INTERSECTION OF ACADEMY AND RUSKIN STREET (LOTS 1-6, BLOCK 25, COLLEGEVIEW SECTION ONE) BY INCLUDING THOSE LOTS IN THE DISTRICT; ADD LANGUAGE ESTABLISHING THE DISTRICT SPECIFIC REGULATIONS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the zoning ordinance of the City, as last reformatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the preliminary report also proposes an amendment to the Code of Ordinances of the City including the creation of a new zoning district classification; a zoning district change for the building site located at the corner of the intersection of Academy and Ruskin Street, more fully described as Lots One through Six of Block Twenty-five out of the Collegeview Section One Subdivision of Harris County, Texas; language that will establish district specific regulations; and zoning district map change. WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manager may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. Alternately, the notices may be included within the newsletter or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 Attest/Seal: Signed: City Secretary Mayor Recommended: City Manager Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2018 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a request to amend the Zoning Ordinance and Code of Ordinances, including the Zoning District Map of the City of West University Place, Texas ("City") by establishing a new Third Single Family - Planned Development District (PDD-SF3) in the Third Single Family (Detached) (SF3) District. To the Honorable Mayor & Members of City Council : The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal . The purpose of, this proposal is to amend the Zoning Ordinance and Zoning District Map by changing the zoning district designation of the building site located at the corner of the intersection of Academy and Ruskin Street, more fully described as Lots One through Six in Block Twenty- five of the Collegeview Section One subdivision. This request by the property owner, AT&T (Southwestern Bell) , is to rezone six abutting lots that have been developed as parking for the main ATT structure fronting on Bellaire Boulevard. The site was originally developed as single family residential . There were 10 abutting lots that fronted on Ruskin Street. In 1970, four of the lots (One through Four) were granted a special exception for use as parking for the then Southwestern Bell (SWBT) vehicles and the vehicles in use by the SWBT employees. Five years later in 1975, a second exception was granted for parking of vehicles on Lots Five through Ten, restricting Lots Seven through Ten to passenger vehicles only. There were restrictions associated with the special exception as to plantings, fencing, lighting, etc. The underlying zoning designation for lots Five through Ten has remained residential, but subsequent zoning ordinance amendments and zoning map adoptions have at different times changed to townhome "Ruskin Townhome District" and eventually to the current PDD-SF2 designation. Lots One through Four have remained in the SF3 Disrict. The proposal is to create a new third single family planned development district (PDD-SF3) that includes lots 1-6 of block 25. The proposal includes language (See Attachment 1 to this report) that establishes single family district three regulations as the underlying regulations . Two notes to Table 7-1 will allow for the existing parking lot as long as the property is owned by ATT or a similar telecommunications company. The proposal will allow ATT owned vehicles access and will allow for the loading and unloading of these vehicles . It will also allow for the inventory and supply of equipment to those vehicles as well as access to the vehicles for various employee activities . The proposal limits hours of operation, entry and exit for certain streets, prohibits signage, other structures, and requires fencing and landscaping. Conforming language in certain chapters is included. Preliminary Recommendation. Subject to further review following public hearing, the Commission recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows : voted "aye; " "noes;" Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Attachment 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 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 minimum sq.ft. 2,000 sq. ft. per DU 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 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 Residential A (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 Public and center A See Semi-Public Notes 3 (public), school and 4 (public), place of worship Private green See Notes 1 and 2 space School (other)See X X X X X X X X X See 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 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. 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/Parkinq 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 POD 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 Note 7. property yard line (each feet.See Note 2. 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. 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. Distance 10 ft. SF from 20 ft. Buffer- nearest part N/A See See 20 ft.See Note N/A See yard of an SF Note 7. Note 8. Note 7. 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 shown, by District, in this table.("N/A" means the rule does not apply.) Table 7-4b 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 Section 8-104. any building. A four-hour firewall, or its equivalent, must separate Separation Fire-rated N/A adjoining dwelling units.See Notes 3 and 5. See also of DU's wall 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 DU feet 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 Cl 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. per 50-ft. Chapter 70 of the Code segment of 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 shown, by District, in this table. ("N/A" means the rule does not apply.) Table 7-5b 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 Article 8. Note 3. 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 B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6: 30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal (s) to amend the City's Zoning Ordinance, as follows: Scope of Proposal. The purpose of this proposal is to amend the Zoning Ordinance and Zoning District Map by changing the zoning district designation of the building site located at the corner of the intersection of Academy and Ruskin Street, more fully described as Lots One through Six in Block Twenty-five of the Collegeview Section One subdivision. This request by the property owner, AT&T (Southwestern Bell) , is to rezone six abutting lots that have been developed as parking for the main ATT structure fronting on Bellaire Boulevard. The proposal is to create a new third single family planned development district (PDD-SF3) that includes lots 1-6 of block 25. The proposal includes language that establishes single family district three regulations as the underlying regulations. Two notes to Table 7-1 will allow for the existing parking lot as long as the property is owned by ATT or a similar telecommunications company. The proposal will allow ATT owned vehicles access and will allow for the loading and unloading of these vehicles. It will also allow for the inventory and supply of equipment to those vehicles as well as access to the vehicles for various employee activities. The proposal limits hours of operation, entry and exit for certain streets, prohibits signage, other structures, and requires fencing and landscaping. Conforming language in certain chapters is included. A full copy of the proposal is located at www.westutx.gov. Additional details on the proposal (s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal (s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. Date: /s/ Thelma Gilliam, City Secretary 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 7-4b,cont. 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, Type 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 N/A adjoining dwelling units.See Notes 3 and 5. See also DU's wall 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 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 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. TABLETable 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,cent, ("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 See Note 1. or more DU's. streets 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. type stops. 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 t, 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 Deletion Movecl-fFeni Moved to Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 32 Deletions 14 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 46 cc, 0 c N4 C ,1 . 0 0 0 M W *5 c 2 a ,. i---- ca I z - 0 I,-- H tr) = i..... ;../ >,.. ) •.% . . , :-_ .1•••1 •i!! •im, © , •PO rzi ii■ Id= •1■1 Ct ....7. _J C 0 C'4 tt5 C ' Z ce w == z t) o Go LI i .1 a LI 2 0 u..., , f I .,. (t) '''' < a' tti V M - 0 G.1 t6 .... ., 0 UJ , ..1 C..., .','•,: 64,1 ytt el .. , kJ . . f, 9 NJ.>teo , CI ,..., (.1 s t.r. .i. t .' . .,, ',..,. >- , a ,.., 0 1 t....,.. - .,...i vi z... . . 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 ZPC requested legal counsel to review the provisions of a new PDD and give a legal opinion for the following two questions: 1)Does ATT's request violate the Comprehensive Plan that was adopted last year?(among other things,the Plan says that property zoned and developed as residential should not be rezoned for non- residential use,or words to that effect),and 2)Does ATT's request violate section 9-101 of the zoning ordinance,which appears to limit permissible uses within the proposed PDD to"single-family(detached)use only? The proposed district will be the same underlying use as single family residential,except while ATT or a similar telecommunications company occupies 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 City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS SO AS TO CREATE A NEW THIRD SINGLE FAMILY PLANNED DEVELOPMENT DISTRICT (PDD-SF3) AND CHANGE THE ZONING DISTRICTS FOR A CERTAIN BUILDING SITE LOCATED AT THE CORNER OF THE INTERSECTION OF ACADEMY AND RUSKIN STREET (LOTS 1-6, BLOCK 25, COLLEGEVIEW SECTION ONE) BY INCLUDING THOSE LOTS IN THE DISTRICT; ADD LANGUAGE ESTABLISHING THE DISTRICT SPECIFIC REGULATIONS; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the zoning ordinance of the City, as last reformatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the preliminary report also proposes an amendment to the Code of Ordinances of the City including the creation of a new zoning district classification; a zoning district change for the building site located at the corner of the intersection of Academy and Ruskin Street, more fully described as Lots One through Six of Block Twenty-five out of the Collegeview Section One Subdivision of Harris County, Texas; language that will establish district specific regulations; and zoning district map change. WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on . The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on at the same place, unless rescheduled. The City Manager may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning i i is hereby Ordinance. The proposal described in Exhibit A s e y submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. Alternately, the notices may be included within the newsletter or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASSED, APPROVED, ADOPTED AND SIGNED on , 20 . Attest/Seal: Signed: City Secretary Mayor Recommended: City Manager Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 9, 2018 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a request to amend the Zoning Ordinance and Code of Ordinances, including the Zoning District Map of the City of West University Place, Texas ("City") by establishing a new Third Single Family - Planned Development District (PDD-SF3) in the Third Single Family (Detached) (SF3) District. To the Honorable Mayor & Members of City Council : The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The purpose of this proposal is to amend the Zoning Ordinance and Zoning District Map by changing the zoning district designation of the building site located at the corner of the intersection of Academy and Ruskin Street, more fully described as Lots One through Six in Block Twenty- five of the Collegeview Section One subdivision. This request by the property owner, AT&T (Southwestern Bell) , is to rezone six abutting lots that have been developed as parking for the main ATT structure fronting on Bellaire Boulevard. The site was originally developed as single family residential. There were 10 abutting lots that fronted on Ruskin Street. In 1970, four of the lots (One through Four) were granted a special exception for use as parking for the then Southwestern Bell (SWBT) vehicles and the vehicles in use by the SWBT employees . Five years later in 1975, a second exception was granted for parking of vehicles on Lots Five through Ten, restricting Lots Seven through Ten to passenger vehicles only. There were restrictions associated with the special exception as to plantings, fencing, lighting, etc. The underlying zoning designation for lots Five through Ten has remained residential, but subsequent zoning ordinance amendments and zoning map adoptions have at different times changed to townhome "Ruskin Townhome District" and eventually to the current PDD-SF2 designation. Lots One through Four have remained in the SF3 Disrict. The proposal is to create a new third single family planned development district (PDD-SF3) that includes lots 1-6 of block 25 . The proposal includes language (See Attachment 1 to this report) that establishes single family district three regulations as the underlying regulations . Two notes to Table 7-1 will allow for the existing parking lot as long as the property is owned by ATT or a similar telecommunications company. The proposal will allow ATT owned vehicles access and will allow for the loading and unloading of these vehicles . It will also allow for the inventory and supply of equipment to those vehicles as well as access to the vehicles for various employee activities . The proposal limits hours of operation, entry and exit for certain streets, prohibits signage, other structures, and requires fencing and landscaping. Conforming language in certain chapters is included. Preliminary Recommendation. Subject to further review following public hearing, the Commission recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows : voted "aye; " "noes; " Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission Attachment 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 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 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 THS 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 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 Semi-Public (public), Notes 3 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 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. 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 Note 7. property N/A yard line (each feet.See Note 2. line) side). Street Distance Greater of 10%of 10 ft. See side from side building site width or 5 10 ft.See Note 7. (Bissonnet) Note 8. yard street line. ft.See Notes 2, 6 . Distance 10 ft. 20 ft. 5 ft. (west Rear from rear See 20 ft. See Note See 20 ft.See Note 1. See Note 1. property Note 8. yard property Note 1. line) line. 1. Distance 10 ft. SF from 20 ft. See 20 ft.See Note See Buffer- nearest part N/A See N/A Note 7. Note 8. yard of an SF Note 7. District 7. 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 POD-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 N/A N/A minimum 60%. area percentage. Rear yard, minimum 60%.See Note 1. N/A N/A percentage. See Note 6. ICI 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 facing front seven feet inward from the definitions in Article 2. ) N/A 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 Limit on non- Max. 600 sq. ft. GFA in any 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 shown, by District, in this table.("N/A" means the rule does not apply.) Table 7-4b 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-C1 SF1 SF2 SF3 PDD-TH1 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 Section 8-104. any building. A four-hour firewall, or its equivalent, must separate Separation Fire-rated N/A adjoining dwelling units.See Notes 3 and S. See also of DU's wall 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. per 50-ft. Chapter 70 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 s ite abuts both Kirby Driv e a n d 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 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. Application for Rezoning from R-3/Parkinq 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 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 personael 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 1 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 Scarceila, 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 2 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), 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) 3 • 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 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. 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. 5 Formal 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, ilsori ribbs + Go By 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 i le i 5.1 BEU_AIRE BOULEVARD (120 R 0 W) ,1 r-, a , l t F _ .r , r r r , r I ri rr P ' 4:) 'O IV2 I rr A „ i I r- In NJ 0 m -ty-4 03 rn b ‘ala , a xi — ,- ... • ;E D C) '4,, M ii) die 1 9 (LI -1 Ln 0> -i Ln m Z t'ICK03 • ,3° s .=,R m /I X CD -ri 18-1 .1 , a, -.. _, ..) ..,->, • ... (7, ozr_ --, __, O 1 > - v) , 1 i 0, m - ✓ II I > na -< o i 9 8 ,-,9) I C) 133ELIS NOsVO C -1 11 Ft , 7, . rrl i.... 5. . cr ... 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':1-".----Z,-1 ' I-rk -• : tt:'..ri...,.I..1_,! - , q g : : I . , ir-,--'-`.'''' .- , , r ' I 6 ■ • 72,-1' 'H r''..1 '1' 7 • ' ' ' ' ' - - ", ' 1 1-1 'L../ 3 - ----- Km --r- -4 : ' I. : wtigILE 4 ' ' I ' les■rgil °-7- mPrP • ' ........ ..-............--4..—..4 KIRBY DRIVE -.-. :o. R-,g,... zg°,,.°,°-: , . gift agog V,`Ie. ,f,,?, 4,7,12?ig IlEr7MT .1 .• • . 1 iii 1 1..,;;;,„,,,. , . r , 6 ril .i.04-2, ft, g", i' Ina:411 PH:-.1. 2,0,1 1--2.a.i,Li oggw000000000 iL,13 nii . ; -(f-9--4......------- - if 10 ' 1: ill liOifal t1) fic.13.,J1PFLP-P-P-ELP-4 ,,q,4 7,!$L i , “ r b i R'.,2 I. Oqr ei E...7„u„. On " -0 -0 v il -0 1) -u -o -I 77 x xi (a 1' , 9 T‘-', : 3 3 O' illai'llil o..o p p p p p p p P P 1.61 v,a 0 co ma, -7' 0 0 0 0 0 0 0 0 2 . cy, ,,,,, fp - ' 71•°,...g.,.12:St y, ..,41BT-.2-u2.:: 00000000E -ci.. 5: n ,-_,,.,,,.. , • °8 r a,-,:, i,.30,F, .,_ -,ziE, ”.,g • 5Is°,7,-gai• 7.121',37.32:104411.,,,,-, ,g,g, ]g,7,s 3 c,-.,?,-G., . . . . N ckcrki ;-!"%' 141.;°0 r,'r 7, 1) : a•-• '411 WI 2, 2 na' g °-,T 43 1 il 4 il il 11 2 .?. FrIE.g-4, ret 5, 112 2;1 31.,„ ,221(rze "2 O'S. -t k 13. '•" "'g3" lb 4. SL Ea; 11 1'1 11 COS 0:. N 1 IP ' ra EP''`'8, I ,g. IV L r.,5•5 j'Atc, 33 ".k.3• F) 2. I st- ! .z1 gg1,3,1,, as; Liu 41' ■ Exhibit "C" 18 ORDINANC: N'11 ER 93? r'u1 ORLINANCE AMENDING ORD_''UMCE NUMBER 111 OP THE CITY Or JEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 1, 2, 3, and a, BLOCK 25, COT,T�EvEVIE:d FIRST ADDITIOIi, CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PURPOSES S EJECT TO VARIOUS RESTRICTIONS; ANo PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THr, CITY OF WEST UNIVER- SITY PLACE. TEXAS: SECTION 1. That Ordinance number 111 cf tl'e City of West Univer- sity Place, Texas, be and it is hereby amended by the ad.iit' n theret, of Section 24C, immediately follcwing Section 24B, which sa_d Section 24C shall read as follows: "Sec+ion 24C. Lots 1, 2, 3 and 4, Block 25, C 'llegeview First Addition, City of West University Place; Texas, shall be uses 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 for the parking of veh:eles owned by the South- western Bell Telephone Company and or i+s employees and wher used for such purposes no s' ruc;.ures 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 lot shall be conditioned upon compliance with the following regulations, t -wit: (1) No entrances or exits shall oe allowed on the Ruskn 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 tl-e parking lot on Ruskin. 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 Lf 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 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 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 4 44 ` 1i Mayor ATTEST: 4L 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 thelots; 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 Mayor ATTEST: ice , Or ' 1 41,4 Assistant City Secretary j l Exhibit "D" flhe City of West University Place ....) ,,,,,,,ri ,..., 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): t I 4!Wn 4035 4032 402d 4024 4c2r) 41110; 4,12 4nixv 4�n4 _._1 RUSK IN STREET tin IrAlWary 41r. 00,. //// I pr2. A , / / I II Building site ,_ Lu L I s.VST COMPA F I U) z CO Li Si 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. 0 {00178244.DDC3} L 0 Decision ATT Facility Page 1 ,l num)A 3800 University Boulevard 1 West University Place, TX 77005 I www.westutx.gov 0 C.., The City of'West University Place .....) I a'cighbort?oaci(1ti` 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 Z0.1 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 1 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 retorted or found. 0 {00178244.D3 CM, 0 DecisionOC AT} T Facility Page 2 TOP imi)A 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 The City of West University Place A t\'e*r lrl or1i'xxi Lin' 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. 0 {00178244.DOC3} ,s Cow0 Decision ATT Facility Page 3 Top' 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov 01 C.. The City of West University Place ....) ..I ' ci hborh(x)ci(;in CITY OF WEST UNIVERSITY PLACE Date entered: April 7,2016 By: DeMyie,Scc rcelZa, 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) 0 L...). {00178244.DOC3} 0 Decision ATT Facility Page 4 TO 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov rarffi City of West University Place A A u hbor hood On (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: I Address of this office: 3826 Amherst,West University Place,TX 77005 AFFIDAVIT THE STATE OF X COUNTY OF X I 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} 0 Decision ATT Facility Page 5 TOP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov Exhibit "E" 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?yNo ( )Yes(list items here and attach them) Attached.The applicant ha 00- . State and City regulations attached. Signature of applicant: "__iAf1 /► Date:C L 1' � � For Staff Use only Date filed: , ► . Date heard: -t Docket#:_ ih � �-�`�' " f 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. 0 The City of West University Place 1 . 1 Acighbor1i xxl Cain 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): iii ' 4040 4036 4032 On 4024 4020 4016 4012 4003 4004 - I RUSKIN STREET 103 1 jorAr2rVire#11 01017..7 ,., IRV7 / 1/. II Building site E-- w in sT cosonn�r ti In i CO z cw ra II 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} A Decision ATT Facility Page 1 ToP rag 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 The City of West University Place t \'cighborhoocl C:In 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 I975, 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-I 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 arc 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-I 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 To 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 The City of West University Place t <\'ci hbonc�xxl Citi 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 it activities incidental to the Parking Area, but do not prohtbi act t les that are o 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 H, 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-I 12 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. 100178244.D0C3} AO Decision ATT Facility Page 3 TOP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place Neighborhood ood C n CITY OF WEST UNIVERSITY PLACE Date entered: April 7,2016 By: DebbieiScarcetla, 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.DOC3} AO Decision ATT Facility Page 4 TOP 3800 University Boulevard I West University Place, TX 77005 ' www.westutx.gov 0 C.. The City of West University Place ....) . t Neighborhood 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 44) {00178244.DOC3) AO Decision ATT Facility Page 5 roe 3800 University Boulevard 1 West University Place, TX 77005 1 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. 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 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: 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 31' and a maximum height of 4 ' 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 owfier of the parking lot •destres 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 Vipt„4.. . / Mayor ATTEST: ii Assistant City Secretary . ORDINANC: N'TM1ER 93P Ahl ORLINANCE AMENDING =ORDI1JA.\`CE NUMBER 111 OF THE CITY OF JEST UNIVERSITY PLACE, TEXAS, BY PERMITTING LOTS 1, 2, 3, and a, BLOCK 25, COTJ F)EVIE7 FIRST ADDITIO17, CITY OF WEST UNIVERSITY PLACE, TEXAS, TO BE USED FOR PARKING PURPOSES S EJECT TO VARIOUS RESTRICTIONS; ANJ PROVIDING AN EFFECT V2 DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THr. CITY OF WEST UNIVER- SITY PLACE. TEXAS: SECTTON 1. That Ordinanwe number 111 c,f to City of West Univer- sity Place, Texas, be and it is herebj amended by the adiit' n theret, of Section 24C, immediately follcwing Section 24B, which sad Section 24C shall read as fellows: "See-ion 24C. Lots 1, 2, 3 and 4, Block 25, C •llegeview First Addition. City of West University Place; Texas, shall be uses for the follow- ing purses and no o'hers: A. A use that ccrforms 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 accessary build- ings, in Single Family Dwelling District Number VIII-A. B. A parking lot for the parking of veh_e es owned by the South- wes' ern Bell Telephone Company and or its employees and wher used for such purposes no s'rueures 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: (l) Nc entrances or exits shall to allowed on the Rusk!n Street side of the parking 1 t. All entrances and exits shall be on Academy Street. (2) A hedge shall be planted along the entire width of tle parking lot on Ruskin. Street and along the Academy Street' side of the parking lot in compliance with Article V, Section 20.72 through and including Section 20.75 of the Code of Ordinances Li. the City of West University Place, Texas (Ordinance number 741). 128 (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 intersection 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 WesL 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 ltications 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 AV- Major ATTEST: 4.4 Assistant City Secretary PUBLIC HEARING CITY COMMISSION AND ZONING AND PLANNING COMMISSION JANUARY 13, 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 44, Block25 Co]legeview 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 Planning 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 Planning 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 r-.1 problem. He stated they were deeply sympathetic with the residents in the area �--� 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. L7 Mr. Burney stated that the Telephone Comnpany 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 intentionally do anything to jeopardize zoning in the City of West University Place in anyway, 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. Seily Nicholson, 4029 Riley, Mr. W. P. Schuller, 4039 Riley, and Mrs. Beds 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- 1 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. Mx. Burney stated that this was correct. Motion by Mr. Bricker, seconded by Mr. Lott, that the Public Hearing called by the Zoning and Planning 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 Punning 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 BP11 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. (///4Z 402 •(17:- Mayor ATTEST: Aklam. f I Assis ant City ecretary REGULAR MEETING CITY COMMISSION JANUARY 26, 1,970 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 Cocicre Ll were ill. r �, . The Invocation was pronounced,by.Commissioner Wal lin. ' . Mr. Neighbors welcomed a number of. visltors 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, 170 for consideration of an application Vfiled by Southwestern Bell Telephone 'Company, were presented for consideration. , Motion by' Commissioner Prvbtq.r;•ageconded by Commissioner Wa31ia;- the minutes N• of the joint public hearing for_ the prurpose of giving- consideration•to rezaning: ' from S Ingle Family Dwelling to vehicle parking by employees of the Sou'F.hweetern Bell Telephone Company and vehicles owned by the company Lots :l, 2, 3 ana 4, Block 25, Collegeview 1st Addition, be approved as subsaitted. • Voting Aye& 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 consideration 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 low 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 x_.sa •.t.,rr. n r-+•• • a- r—i 1-1 — � '300 • 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, Chairman, presiding; meinbers-pahlin, Bartholomew and Weatherby. The City Attorney and City Manager were also.present. Zoning and PlanningrComnission 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: •• , • Lot's 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 Commissioner -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. 1 301 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. d-1 b. The applicant and others who may support the application would be given an opportunity to present any relevant information in '-� connection with the application. GQ 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• applicants 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. . r-- Motion by Mr. Weatherby, seconded by Mr. Bartholomew, that the public hearing be closed. Voting Aye: All Voting No: None 402 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 r--� for the public hearing: 303 Mayor Wallin requested Mr. E. G. Hines, 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 2g, allegeview'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 ..,D published in the Southwestern Argus on January 22, 1975; and notice of public hearing was mailed to all property owners on January 22, 1975. A public Q? hearing was held by the Zoning and Planning Commission on February 11, 1975, and Final Report filed with the City Commission on March 24, 1975. OQ 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. Potrtdge 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 had 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,"•Acadeiiy.. .andtthat.:.the new lot construction will provide an additional thirty-five (35) spaces. Mr. Knight further ' stated that a survey of employees indicated there were 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 ..,Qi ME.'!Qt' .._-JL,. iL r _i r - 7 -•-..��-I '. { 'r 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. [I] ' Mrs. Israel stated that she agreed with Commissioner Thompson in that the . construction- of the new parking lot would not be an answer -Co 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, Mr. •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 lie Rd 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 C7 •da CD 00 .. HI uae11.1n't__ .. IL fi • CESSED'MEETING OF CITY COMMISSION R SION ,- . MAY 5, 1975 1 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; •Commissioners Binig,:Dunn, Stanley and Thompson. The City Attorney and-City.Manager.swere also presents . . . : : . Mayor•Wallin advised that .thi.s was_a continuation.of.a meeting.of•the City .., Commission 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, Block.25, Col,legevinw lft,'.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. I City Attorney Charles Cockrell adyisedithe Coninission .that the recommendation. could be accepted as contained in the Final Report of the Zoning and Planning Commissin n;:amended if desired by the City Commission;-or additions and changes • . made. - .. . • . . ,, . .:, • . . .. : The fact that only Southwestern Bell .Telephone Company had filed a formal applicationu requesting that. Lots •5 and 6 owned by-them be„rezoned fon„parking purposes:was discUssed by the..Conessi.on. . . .• 1 JI Plans:for the construction of the parking lot' planned by Southwestern Bell Telephone Company were reviewed by the Commission with considerable.discus:sion `-' regarding the proposed curb cuts onto Ruskin Street. Some members of the Com- mission were opposed tithe 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, 25, Collegeview 1st Addition be rezoned for the purpose of parking non-. Block 2 g P 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. n W- Cu,l' MAYOR' 1 ATTES : . Asciatant . .v aFi-Wf ry 1 • Exhibit "F" I ,; T UNy�*S City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Trig: 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 Appears 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 appli.. . • read the t_ : and Cat reg a ons :ttach:d Signature of applicant. / JJJ — 1Tr'"ra's r�1 of'p icant "b � ) - 010 Far Staff Use only Date ed: i Date heard: 7 # Docket#: Form ZEIA.10^ • 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 1n 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 parking lot for inventorying of supplies in AT&T UVERSE service vehicles as shown 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 allegations that AT&T UVERSE vehicles enter and exit the AT&T Parking Area throughout 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-Tern 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. including 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" S The City of\Vest University Place V � . ( .\CY,d.,'I burl iO(xi Ors Zoning Board of Adjustment City of West University Place,Texas("City") Docket No: 20/4--00S- 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 College view, Section It 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 Scarcehla, 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 of Adjustment(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 1 3 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • • ril...) cii. '[,11c City of West University Place I Nci,:,thborhorid On 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 fled 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 e ' EST UNIVERSITY PLACE,TEXAS Alk By: i Press= Officer,Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS C �gilbrpit was acknowledged before me on `1,I'I I ( (date) by S v3 t1 [le I(ty---5 ing Officer of the Zoning Board of Adjustment of the City of West University Place, :• L $ ; y'.I\ y = ' �attnis,�tor4vpires X02-1I1 3%. .� -$7: Notary Public Ai APPEAL Page 2 n. 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov 0 • 0 The City of West University Place t N`cighborlyit Al Cin This instrument was filed in the Board's office on Z0 ha 4 , and, if a mailing list is attached, copies were mailed to the per ons the list on (N/A. iblittz.ciL_ By: _ -bob le —CC 4Lifte-I 6' Name: Title:Ci:' r 14- 1-n1.4"-- APPEAL Page 3 ap 3800 University Boulevard I West University Race, TX 77005 I wvvw.westutx.gov Exhibit "I-1" West University Place Zoning Ordinance—Proposed PDD-5F3 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 11-14 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 minimum sq.ft. 2,000 sq.ft. per DU 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 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 Residential A (detached) A See Single-family X See Notes (attached) Note 8 A See Note 1 1 and A See Note 1 X 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 (public), Notes 3 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 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. 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 Note 7. property yard line (each feet.See Note 2. side). line) 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. Rear from rear 20 ft. 5 ft. (west See 20 ft.See Note See yard property 20 ft.See Note 1. See Note 1. property Note 8. Note 1. line) line. 1. Distance 10 ft. SF from 20 ft. See 20 ft.See Note See Buffer- nearest part N/A See N/A Note 7. Note 8. yard of an SF Note 7. 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 shown, by District, in this table.("N/A" means the rule does not apply.) Table 7-4b 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-C1 SF1 SF2 SF3 PDD-TH1 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, Type 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 Fire-rated N/A adjoining dwelling units.See Notes 3 and 5. See also of DU's wall 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 DU feet 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 Note2. 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. of the Code segment of 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 shown, by District, in this table. ("N/A" means the rule does not apply.) Table 7-5b 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 courts per 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"I-2" Excerpts fromWest University Place Zoning Ordinance—Proposed PDD-SF23 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,cont. 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 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 Semi-Public (public), Notes 3 and 4 school (public), place of worship Private green See Notes 1 and 2 space School (other) 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. 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,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 side yard property building site width or 5 N/A 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. 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. SF Distance N/A 20 ft. 10 ft. N/A 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,cont. 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 Cl 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 PD Regulati PDD- PDD- TH1 PDD- PDD- PDD- D- PDD- Item D- on SF1 SF2 f3 TH1 TH2 TH4 TH Cl TH7 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).