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HomeMy WebLinkAboutORD 1434 - ORD Relating to Zoning and Land Use Proposed Amendment No. I (Corner Setbackl)(As Adopted On First Reading) ORDINANCE NO. 1434 AN ORDINANCE RELATING TO ZONING AND LAND USE; AMENDING THE ZONING ORDINANCE OF THE CITY OF WE'ST UNIVERSITY PLACE, TEXAS WITH RESPECT TO SIDE SETBACKS FOR CORNER BUILDING SITES; AMENDING THE ZONING DISTRICT MAP; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, on October 12, 1987 the City Council of the City of West University Place, Texas ("City") adopted on second reading the City's Ordinance No. 1298 which was a comprehensive revision and updating of the City's zoning ordinance ("Zoning Ordinance"); and WHEREAS, the City Council of the City on March 25, 1991, adopted on second reading the City's Ordinance No. 1394, which adopted and re-adopted the Zoning Ordinance with amendments; and WHEREAS, portions of the Zoning Ordinance have been amended since March 25, 1991, and it has become apparent that there is a need to consider an additional amendment to the Zoning Ordinance; and WHEREAS, the City Council and the Zoning & Planning Commission of the City have, after giving due notice, held a joint public hearing on such amendment as reported on preliminarily by the Zoning & Planning Commission, and at the hearing all property owners, citizens and interested persons desiring to be heard were afforded an opportunity to be heard; and WHEREAS, the Zoning & Planning Commission has studied this matter in great detail, and has made a final report to the City Council with respect to the proposed amendment; and WHEREAS, the City Council has considered the report of the Zoning & Planning Commission and is of the opinion that the amendment should be adopted, as more fully set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Zoning Ordinance of the City of West University Place, Texas is hereby amended as set out in Exhibit A, which is attached hereto \ and made a part hereof for all purposes. Section 2. (a) That the Zoning District Map (included in the Zoning Ordinance) is amended as follows: (l) A new SF -1 District is hereby created to include all of the territory within West University Place (First Addition), according to a map recorded in Volume 444, Page 563 of the Deed Records of Harris County, Texas, but excluding the Bellaire Boulevard Townhouse P.D.D. (PDD-THl District). The boundaries of such new SF-l District shall be the centerline of University Boulevard on the North, the east side of Wakeforest Street on the East, the boundary of the Bellaire Boulevard Townhouse P.D.D. (PDD-THl) on the South and the City limit line (along Poor Farm Ditch) on the West, but the boundaries shall exclude the subdivision known as Kent Place (bounded by Cason on the North, Sewanee on the East and . the city limits on West). (2) The remainder of the former SF District, after the creation and exclusion of the new SF-l District mentioned above, is hereby redesignated as the SF-3 District. (b) The Building Official is authorized to have the Zoning District Map re-published to illustrate the amendments prescribed above and to include appropriate references to the number and effective date of this ordinance. Section 3. This ordinance applies from and after its effective date. Any violations committed before the effective date are governed by the zoning ordinance in effect before the effective date. The zoning ordinance in effect prior to the effective date is continued in effect for this purpose and also for purposes relating to PNC status and any other purpose required for the application or interpretation of another provision of this ordinance. 2 Section 4. All ordinances and parts of ordinances in conflict herewith, are hereby repealed to the extent of the conflict only, except as otherwise specifically provided. Section 5. 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 unconstifuli6riarby 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. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 7. This ordinance shall take effect on the tenth day following its publication, as provided for in the City Charter. 3 PASSED AND APPROVED ON FIRST READING this 13th day of_ July , 19 92 . Voting Aye: Voting No: Absent: PASSED AND APPROVED ON SECOND AND FINAL READING this cltd day of f-7-' 1912-' Voting Aye: Voting No.: Absent: Signed: ArrEST: Ka nn Holloway City Secretary A~ro. v~o F~nn: , t~~rY\ ~\l James L. Dougherty, Jr. City Attorney (SEAL) b3:\ozonam I r.54 4 Amendment Relating To Rotated Corners (As Adopted On First And Second/Final Readings) 1. Amend certain existing definitions in Section 2-102 of the Zoning Ordinance of the City to read as follows Residential district includes all SF, TH and GR Districts and all portions of a PDD designated for residential purposes. , Rotated corner building site. A comer building site in the SF-l District which has been "rotated" from one street to the other, such that it has a front street line lying along a street that is different from the street along which the front street line of the original corner lot would lie. The original corner lot is the single subdivided lot on the same comer, as created by the plan recorded in Volume 444, Page 563 of the Deed Records of Harris County, Texas, entitled "Map Showing West University Place, A Part Of The A.C. Reynolds Survey, Harris County, Texas." In the SF-I District, most rotated comer building sites will be oriented north-south, because most of the original corner lots were oriented east-west (except for lots along University Boulevard or Cason Street). SF District refers, collectively, to the SF-l District, the SF-2 District and the SF-3 District, and to each of them. 2. Amend Section 7-100 of the Zoning Ordinance of the City as follows: a. ' It shall be entitled: "Section 7-100. Single Family District One (SF-I)" b. The internal reference in Section 7-100(a) to the "SF District" shall read "SF -1 District." 3. Amend the side street setback provisions for the SF-2 District (Pemberton Addition) which appear in subparagraph (iii) of Section 7-100-A(e)(l), the Zoning Ordinance of the City, so that said subparagraph (iii) shall read as follows: EXHIBIT A -..,.. .,.. (Page I _of ~total pages) (ii) For corner lots, the side street setback area, being the area within a certain distance from the side street line. The side street setback area is determined as follows: Width of Building Site Side Setback Distance Less than 75 feet 5 feet 75 feet or more, but less than 100 feet The lesser of: (A) 5 feet, plus half of the distance by which the width of the building site exceeds 75 feet; or (B) 7 feet. 100 feet or more The lesser of: (A) 7 feet, plus half of the distance by which the width of the building site exceeds 100 feet; or (B) 10 feet. (Notwithstanding the foregoing, the ZBA may prescribe a greater or lesser side street setback distance as part of a special exception for a corner lot pursuant to Article 16.) 4. Add a new Section 7-100-B to the Zoning Ordinance of the City, which new section shall be constituted as follows: a, It shall be entitled "Section 7-100-B. Single Family District Three (SF-3)" b. It shall read exactly as Section 7-100 (relating to the SF-1 District), except that: (1) internal references to the "SF-l District" are changed to "SF-3 District;" and (2) subparagraph (e)(1 )(iii) (relating to side street setback areas) shall read exactly as subparagraph (e) (1 )(iii) of Section 7-100- A (relating to side street setback areas in the SF-2 District, Pemberton Addition, amended as set out above). EXHIBIT A - (Page :J. of 4- total pages) 5. The chart in Section 3-100 of the Zoning Ordinance is amended so as to include all of the following in lieu of the reference to SF District: SF-l Single Family District One SF-2 Single Family District Two SF-3 Single Family District Three 6. Each reference to 11SF District" in a section of the Zoning Ordinance listed below is amended to read "SF-3 District." Section 7-101 (b)( 1 )(i) Section 7-1 02(b)(1 )(i) Section 7-102(e)(3) Section 8-1 00(b )( 1) Section 10-1 OO( a) (1 ) Section (a)(3) of Schedules PDD-TH1, PDD-TH2, PDD-TH3, PDD- TH4, PDD-TH5, PDD-TH6 and PDD-TH7 Section (b)(l) of Schedule PDD-Cl 7. The reference to "section 7-10011 in the first paragraph of the Side Lot Setback Schedule of the Zoning Ordinance is amended to read llSection 7- 100, 7-100-A or 7-100-B." 8. Amend Section 16-102 of the Zoning Ordinance of the City (which allows the ZBA to llrotatell a comer site) to read as follows: (a) The ZBA may issue a special exception to change the front street line of a building site from one street to another, if it finds that the change will not unduly alter the character of the immediate neighborhood and will not unreasonably interfere with sight lines or other safety factors. (b) In connection with any such special exception, the ZBA shall impose as a condition that no part of any structure (except as specifically EXHIBIT A (Page 3 of _.:L__totalpages) b3:\ameno2r.54 allowed in the projections schedule) shall be permitted within a certain distance from the new side street line (formerly the front street line) of the building site in question. The minimum setback distance shall be determined by the width of the building site measured along the new front street line (formerly the side street line), as follows: Width Of Building Site Minimum Setback Distance Less than 60 feet 10 feet 60 feet or more, but less than 70 feet 15 feet 70 feet or more, but less than 80 feet 20 feet 80 feet or more The same setback distance which would be required if the side street line were the front street line EXHIBIT A (Page 4- ~of ~~-~--- l./- total pages)