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HomeMy WebLinkAbout02112021 ZPC Agenda Item 3 DATE: February 11, 2021 SUMMARY/BACKGROUND: This item is a discussion of the creation of a Public Facilities Overlay District(PFO)within the City of West University Place. SUMMARY OF DISCUSSION ITEMS: This proposed item is to discuss the City's desire to create a Public Facilities Overlay District. This Overlay District would allow the City to be able to provide necessary services to the community without having to go before City Council for approval as currently required in Section 6-101(3). This proposed Overlay District will allow for the existing zoning to remain,and if the City does not require a parcel,the base zoning district would guide future development. This Overlay District will allow enough flexibility to provide maintenance & improvements to various facilities throughout the City. The proposed Overlay District is primarily intended for the main local government buildings (City Hall Complex, Public Works, Lift Station,Water Plants) and for the Parks and Recreation Center for the City(See Exhibit A). Exhibit A: Pro s erties within the District ocal Government Buildin's and Utilities Address Type 3800 University Boulevard City Hall, Fire and Police Station 3826 Amherst Street Public Works Wesleyan Lift Station Lift Station 3825 Milton Water Plan Parks, Green Space, and Recreation 4210 Bellaire Boulevard West University Place Recreation Center 4130 Byron Street Colonial Park 3771 Rice Boulevard Friends Park 6446 Sewanee Street Elizabeth Hughes Park 6204 College Street Huffington Park 4201 Judson Street Judson Park Bissonnet Street Various Green Spaces and Park on Bissonnet 6540 Wakeforest Avenue Whitt Johnson Park X3001 Sunset Boulevard Wier Park DESIGN PHASE WITHIN THE OVERLAY DISTRICT: During the City's design process for City Facilities, the City shall as much as possible provide features that will be harmonious with surrounding properties. Additionally, fencing would be provided between less intense uses and properties within this Overlay District. OVERSIGHT OF CITY PROJECTS: The City of West University Place would approve small and large projects during the City's budgeting process. Any project at, or over, $50,000 would be expressly approved by the City Council by the adopted budget or a budget amendment. EXAMPLES OF CITY PROJECTS: As requested at the January 14, 2021 ZPC Meeting, the City has included four examples of projects that required approval of deviations through City Council. In particular,the City Council approved several improvements to Colonial Park through the 2020 Budget (See attached 2020 Budget excerpt for Colonial Park). These planned improvements included redevelopment of playground areas and adding lighting to the east end of this park. The lighting did not satisfy the requirements of the Zoning Ordinance, and City Council had to approve a Waiver to allow 12-foot-tall solar lighting, instead of the maximum of eight (8') feet permitted. All of these improvements were recommended by the Parks Board, and City Council approved the additional lighting height. Additionally, the Hughes Park Development incorporation of an accessory structure that did not satisfy the front or side-yard setbacks, and for front yard fencing. Examples of Projects Requiring City Council of Nonconforming Zoning Ordinance Requirements: Colonial Park East End Improvements—2020 Solar Lighting in the playground—Spark Lighting-$9,600 Solar Lighting around walkway—Spark Lighting-$9,200 - Zoning Waivers: 1)Solar Lighting over height permitted in the Zoning Ordinance Hughes Park Development—2017 Pavilion/Front Porch—Landscape Art- $59,084.80 Masonry Column for Pavilion—Landscape Art-$15,510 Site Furnishing Installation—Landscape Art-$15,103 Site Furnishings—Fun Abounds, MDF Fountain, Pet Waste Eliminator-$10,000 - Zoning Waivers: 1) Front yard and corner-side yard setbacks for an accessory structure (Front Porch/Patio Cover) 2) Front yard fencing. Wier Park Tennis Court Project—2016 Tennis Court Lighting—Musco-$79,677 Tennis Court Fence—S.H.Absolute Construction -$20,925 - Zoning Waivers: 1) Front yard fencing, 2) Lighting above the allowed height 3)Accessory structures/playground equipment in the front yard required setback. Judson Park Tennis Court Project—2013 Tennis Court Lighting—Musco-$57,700 Tennis Court Fence—American Sports& Concrete -$15,600 - Zoning Waivers: 1) Front yard fencing, 2) Lighting above the allowed height 3)Accessory structures/playground equipment in front yard required setback. USES PERMITTED: This District permits publicly owned buildings such as City Hall, administrative buildings, libraries,museums, fire stations,public safety training facilities, and similar structures, public parks, playgrounds, swimming pools, pedestrian/bicycle trails, and similar public recreation facilities, as well as any incidental or accessory uses. These uses are operated in order to provide basic and essential support services for the benefit of the community. Due to the nature of these uses and the limited land area that West University Place has,they have a need to be located in areas that best serve the community. The Overlay District allows City Council,through its legislative discretion,to provide for areas in which to locate these facilities in the most cost effective and efficient manner. CURRENT ZONING REGULATIONS: The Zoning Ordinance allows the City to develop new projects under Section 6-101(3) Certain Affirmative Defenses. It is an affirmative defense in any proceeding to enforce this ordinance that any of the following sets of circumstances is applicable: (1) A variance, special exception, or planned development district ordinance authorizing the condition or activity in question was duly issued or adopted, as the case may be, and all limitations and conditions therein prescribed are completely observed and fulfilled. (2) The condition or activity in question had status as a prior non-conformity(with respect to the provision alleged to be violated) at the time of the alleged violation, in accordance with Article 12. (3) The condition or activity in question is: (i) controlled by the City itself or its officers, agents, employees, or contractors, in the course of their duties for the City, and (ii) approved by the City Council. Possible Consideration by Planning and Zoning Commission: 1. Creating a Public Facilities Overlay District: By creating this specific Overlay District, City Council will have the ability to approve public projects through the budgeting process. Staff Recommendation: Staff recommends adoption of the Public Facilities Overlay District, as it will allow the continued support of necessary City services and provide for efficient governance. Attachment: 1. Proposed Redlines 2. Map of proposed properties in the Overlay District 3. List of Parcels included in Overlay District 4. 2020 Budget Excerpt—Colonial Park 5. June 22, 2020—Colonial Park City Council Approval of Waiver for lighting ARTICLE 2. - DEFINITIONS AND INTERPRETATIONS Section 2-102. Certain terms Open Area. An area, unoccupied by any structure, that is open and unobstructed to the sky, except by natural plants or trees, and except for projections specifically permitted by the Projections Schedule, to the extent therein provided. Overlay District. An area within which a set of standards and requirements are employed to deal with special circumstances intended to apply special land-use regulations to property designated on the zoning map. Principal Building. The building on a building site housing the principal use. Public Facilities. Including, but not limited to, buildings, property, and recreation areas which are owned, leased, or otherwise operated or funded, by the City of West University Place. ARTICLE 3. — ZONING DISTRICTS ESTABLISHED Section 3-101. PFO, Public Facilities Overlay District (a) Purpose and Applicability. (1) Purpose. The Public Facilities Overlay District (PFO) is intended to provide an area for buildings and facilities that are owned and operated by the City of West University Place, which are used to provide governmental or public services. This zone also provides for public parks, recreational facilities, natural areas, trails, wetlands, and similar types of open space owned and managed by the City of West University Place. This overlay zone allows the City Council,through its legislative discretion,to provide for areas in which to locate,maintain,or expand public facilities to best support the community in an efficient manner. (2) Applicability. The Public Facilities Overlay District (PFO) is identified on the City's official Zoning Map. The properties identified within the PFO District shall comply with the provisions of this chapter. Whenever the Public Facilities Overlay District is declared inapplicable to any land by administrative or judicial action, or whenever the City no longer manages or owns land from the District, the underlying zoning classification for the subject land shall apply. (b) Permitted Uses. (1) Permitted Uses.The land-uses listed in Table 3.1 are permitted and allowed in the PFO District. (2). Existing Uses. Uses and structures lawfully established within the Public Facilities Overlay District, under previously effective land-use regulations, may continue. Table 3-l.Permitted uses General Rule: The Public Facilities Overlay District is the dominant use and for Public Facilities Overlay District development guidelines for properties owned or operated by the City of West University Place. Ball fields, sports complexes, and similar outdoor recreational areas Parking lots and parking areas Publicly owned buildings such as City Hall, administrative buildings, libraries, museums, fire stations, public safety training facilities, and similar structures Public parks, playgrounds, swimming pools, pedestrian/bicycle trails, and similar public recreation facilities Public reservoirs, well sites, pump stations, utilities (above ground), and similar utility buildings or structures Public utility maintenance facilities and operation yards with outdoor storage of materials and supplies (c) Public Facilities Project Approvals. (1) Approval of development projects. All development projects within the PFO are approved during the budgeting process of the City. Any project valued at or over 50,000, are explicitly approved during the adoption of the City's budget or through an approved budget amendment by City Council. (d) Development Standards. (1) Design Phase. During the design phase for all properties within the Public Facilities Overlay District (PFO),the City shall design projects as much as possible to be harmonious with surrounding properties. Particular importance should be focused on circulation, adequate public facilities, landscaping, parking, streetscape, architectural design, and appearance - including signage, and pertinent pedestrian amenities. (2) Transitional Features.If the property is within 20 feet of the less-intensive use, there must be an opaque fence or wall, eight feet (8') in height, separating the more-intensive activities on the building site from the less-intensive use. The side of the fence or wall facing the less-intensive use must be finished. (e) PFO, Exempt Articles of the Zoning Ordinance. (1) Exemptions. The Public Facilities Overlay District shall be exempt from the following articles or sections of the Zoning Ordinance: Article 5. Building Sites, Article 6. - Compliance Required, Article 7 - District-Specific Regulations, Article 8. -Additional Regulations, and Article 10. - Parking Areas, Driveways, and Loading Areas. Legend West University Place N Rev 3-10/31/2020 FT 1 Parcels in the PFO 0 345 690 1,380 Feet PFO - I Overlay District II [ II till Source: Harris County Parcel Data arriffillilloR"ue's .111.1111.".....kwidnoun ummimmlimmis llllll\lir RwToN 31111 INIEMIIM III Ili 011 i ______]1"11611 i _____,,..',.n•uu on.....,fiwi 1 EA_MEMI t A opr Ana i ino am iim .___Allosim Ettal triuma 1 E IMIEMONIU ri"ThIll o 1 Will 111111 1121 fililiffirl"ili 'Mill. , nualtiallinnifil, , linill "'1111111111111111p-Am cli, ; . .v:A I V i I imilMO91 1 II ip 11 -..1A L. _ . _ 6 111111 .1ktfini fc' I sso .,,,.. 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IIII ill ijIIIIII DORRINGTON-11 -- West University Place - PF- Overlay District Parcels Address Ty Legal Description HCAD 0551580000008 CITY OF WEST 3815 AMHERST ST City Hall,Fire and LT 8&TR 7A BLK 18 1 UNIVERSITY PLACE Police Stations COLLEGEVIEW SEC 1 0551580000007 CITY OF WEST 0 AMHERST ST City Hall,Fire and UNIVERSITY PLACE Police Stations TR 7 BLK 18 COLLEGEVIEW SEC 1 2 0551580000013 CITY OF WEST 0 UNIVERSITY BLVD City Hall,Fire and LT 13 BLK 18 UNIVERSITY PLACE Police Stations COLLEGEVIEW SEC 1 0551580000012 CITY OF WEST 3814 UNIVERSITY City Hall,Fire and LT 12 BLK 18 UNIVERSITY PLACE BLVD Police Stations COLLEGEVIEW SEC 1 0410170030091 CITY OF WEST 0 UNIVERSITY BLVD City Hall,Fire and TRS 15&15F UNIVERSITY PLACE Police Stations ABST 61 A C REYNOLDS 0551580000009 CITY OF WEST 3814 UNIVERSITY City Hall,Fire and LTS 9 10&11 BLK 18 6 UNIVERSITY PLACE BLVD Police Stations COLLEGEVIEW SEC 1 0600360270019 CITY OF WEST 4123 CASE ST Colonial Park LT 19 BLK 27 UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270011 CITY OF WEST 4110 BYRON ST Colonial Park LT 11 BLK 27._ 8 UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270001 CITY OF WEST 4 CASE Colonial Park LTS 21 THRU 26 BLK 27-_ UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270007 CITY OF WEST 0 BYRON ST Colonial Park LTS 7&8 BLK 27 10 UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270012 CITY OF WEST 4106 BYRON ST Colonial Park LT 12 BLK 27 11 UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270013 CITY OF WEST 4102 BYRON ST Colonial Park LT 13 BLK 27 12 UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270009 CITY OF WEST 4120 BYRON ST Colonial Park LTS 9&10 BLK 27.1 UNIVERSITY PLACE COLONIAL TERRACE SEC C 1.3 0600360270020 CITY OF WEST 4127 CASE ST Colonial Park LT 20 BLK 27 1 UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270014 CITY OF WEST 4101 CASE ST Colonial Park LT 14 BLK 27... UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270015 CITY OF WEST 4109 CASE ST Colonial Park LTS 15 16&17 BLK 27 16 UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270018 CITY OF WEST 4119 CASE ST Colonial Park LT 18 BLK 27 17 UNIVERSITY PLACE COLONIAL TERRACE SEC C 0600360270021 CITY OF WEST 4 BRYAN ST Colonial Park LTS 1 THRU 6 BLK 27_ R UNIVERSITY PLACE COLONIAL TERRACE SEC C 0681010010001 CITY OF WEST 3771 RICE BLVD Friends Park LT 1 BLK 1 19 UNIVERSITY PLACE PERSHING PLACE 0393180000001 WEST UNIVERSITY 6446 SEWANEE ST Elizabeth Hughes LT 1 BLK 27 20 PLACE Park WEST UNIVERSITY PLACE SEC 1 1202480010021 CITY OF WEST 0 BISSONNET ST Green Space Bissonnet RES C BLK 3. UNIVERSITY PLACE (PARK AREA) 21 COLLEGE PARK 0560260000001 CITY OF WEST 0 BISSONNET ST Green Space Bissonnet TR 1 BLK 4 72 UNIVERSITY PLACE COLLEGEVIEW SEC 3 1202480010019 CITY OF WEST 0 BISSONNET ST Green Space Bissonnet RES A BLK 1 UNIVERSITY PLACE (PARK AREA)" 23 COLLEGE PARK 0560260000017 CITY OF WEST 0 COLLEGE AVE Green Space/Park TR A UNIVERSITY PLACE Bissonnet (TRIBUTE TO 911)'_ 2 I COLLEGEVIEW SEC 1 0560390000006 CITY OF WEST 6204 COLLEGE ST Huffington Park LTS 6&7 BLK 17__ 25 UNIVERSITY PLACE COLLEGEVIEW SEC 3 0560390000008 CITY OF WEST 6204 COLLEGE ST Huffington Park LTS 8&9 BLK 17 UNIVERSITY PLACE COLLEGEVIEW SEC 3 0560390000005 CITY OF WEST 6204 COLLEGE ST Huffington Park LT 5 BLK 17 27 UNIVERSITY PLACE COLLEGEVIEW SEC 3 0552790000012 CITY OF WEST 4201 JUDSON ST Judson Park TR 12 BLK 4 UNIVERSITY PLACE PARK SITE 28 _ COLLEGE COURT PLACE 0591670340035 CITY OF WEST 0 WESLAYAN Lift Station TR l0B BLK 34 9 UNIVERSITY PLACE COLLEGEVIEW SEC 4 0551590000004 CITY OF WEST 0 AMHERST ST Public Works LTS 4&5 BLK 19 30 UNIVERSITY PLACE COLLEGEVIEW SEC 1 0551590000002 CITY OF WEST 3832 AMHERST ST Public Works LT 2 BLK 19 31 UNIVERSITY PLACE COLLEGEVIEW SEC 1 0551590000003 CITY OF WEST 3826 AMHERST ST Public Works LT 3 BLK 19 32 UNIVERSITY PLACE COLLEGEVIEW SEC 1 0560370000017 CITY OF WEST 3826 MILTON ST Public Works LTS 16 17&18 BLK 15 33 UNIVERSITY PLACE COLLEGEVIEW SEC 3 0681250050015 CITY OF WEST 6104 AUDEN ST Utility strip LTS 1 THRU 7&TR 8 BLK 18 UNIVERSITY PLACE COLLEGEVIEW SEC 3 0560400000001 W UNIV WATER PLANT 3825 MILTON ST Water Plant LTS 1 THRU 7&TR 8 BLK 18 COLLEGEVIEW SEC 3 35 0560400000001 W UNIV WATER PLANT 3825 MILTON ST Water Plant LTS 1 THRU 7&TR 8 BLK 18 COLLEGEVIEW SEC 3 36 0600350010001 CITY OF WEST 'S W POINT ST West University Place LT 1 BLK 1&I UNIVERSITY PLACE Recreation Center TR 7B CAMBRIDGE PLACE'__ 3 COLONIAL TERRACE 1326770010001 CITY OF WEST 0 COMMUNITY DR West University Place LT 1 BLK 1 UNIVERSITY PLACE Recreation Center KELLER AMEND 38 0600350020013 CITY OF WEST 4204 CASON ST West University Place LT 13 BLK 2 UNIVERSITY PLACE Recreation Center COLONIAL TERRACE 3g 0600360360001 CITY OF WEST 0 COMMUNITY West University Place RES 14I BLK 36 UNIVERSITY PLACE Recreation Center COLONIAL TERRACE 10 0090230000028 CITY OF WEST 4210 BELLAIRE BLVD West University Place LTS 3 4 5&6&TRS 2A&7 UNIVERSITY PLACE Recreation Center CAMBRIDGE PLACE 0393090000001 CITY OF WEST 0 WAKEFOREST ST Whitt Johnson Park TRS lA&2B BLK 18 12 UNIVERSITY PLACE WEST UNIVERSITY PLACE SEC 1 0590410080001 CITY OF WEST 3001 SUNSET BLVD Wier Park ALL BLK 8 1' UNIVERSITY PLACE MONTICELLO City of West University Place Five Year Community Improvement Project Sheet PROJECT NUMBER: TBD YEAR: 2020 PROJECT NAME: Colonial Park Redevelopment-East DEPARTMENT: Parks and Recreation DIVISION: Parks Maintenance DESCRIPTION: Redevelopment of Colonial Park playground areas and add lighting to the east • end. Demo existing wooden play structures and sand volleyball court. City o f Refurbish playground equipment,potentially install zip line or fitness course with shade depending on user group and Parks Board input,install dog \X'TeSt • • drinking fountain and enhance Case St.playground entry. University, JUSTIFICATION: Place This park redevelopment project is in direct alignment with Recommendation #1 the Parks and Open Space Master Plan. The wooden play features were installed in 2000 and have outlived their useful life. These projects will preserve the quality of life for West University Place Citizens. BUDGET IMPACT: TBD Five Year Plan Estimates PROJECT COSTS 2020 2021 2022 2023 2024 Totals Study Design Construction 233,000 233,000 Contingency 30,000 30,000 Total Costs 263,000 0 0 0 0 263,000 Five Year Plan Estimates FUNDING SOURCES 2020 2021 2022 2023 2024 Totals Friends of West U Parks Fund, Inc. 263,000 263,000 Total Funding 263,000 0 0 0 0 263,000 Impact on Operations IMPACT ON BUDGET 2020 2021 2022 2023 2024 Totals TBD Total Impact 0 0 0 0 0 0 164 AGENDA MEMO Business of the City Council City of West University Place, Texas Meeting Date 06/22/2020 Agenda Item 9 Approved by Yes Presenter(s) D. Beach, City Manager City Manager J. Veld, Administrative Manager Reviewed by City Attorney Yes Department Parks & Recreation Subject Colonial Park East Improvements 1. Budget Amendment Ordinance Attachments 2. May 2020 Friends Board Meeting Minutes 3. Colonial Park East Improvement Presentation Expenditure Required: $398,850.88 Amount Budgeted: $263,000.00 Financial Account Number: 203-7000-85002 Information Additional Appropriation Required: $135,850.88 Additional Account Number: 203-0000-43303 (Friends Funds) Executive Summary The 2020 Budget appropriated funds for improvements to the east end of Colonial Park and more specifically the playground area. Over the last eight (8) months, staff worked with the Parks and Recreation Board and a citizen user group to explore potential park updates. Based on input from both groups,the Parks and Recreation Board recommended the following changes: • Re-purposing the sand volleyball area into an age appropriate obstacle course, • Removal and replacement of the old wooden play structures with updated wooden play structures, • Sand play for toddler age children, • Installing solar lighting in the playground area and bollard lights around the walking path, • Repainting the pavilion, playground structures,and fencing, • Replacing older equipment and slides on the structures with new apparatus(slides,climbers and play panels), • Relocating three trees on site, and • Installing new plastic border timbers to contain and delineate the wood chip area. During the improvements process, there were changes to the features that were above the original budget. These changes/enhancements include: • Change zip line to youth obstacle course, • Improved toddler area elements to include sand play, • Powder coating the fencing instead of painting, and • Additional climbers and slide changes to the existing equipment. Funding: The Friends of West U Parks Fund, Inc.approved funding for the enhanced project at their May 13,2020 meeting up to$398,850.88($379,857.98+$18,992.90 for contingency). The City will incur the expenses and be reimbursed upon completion. Project estimates as follows: Colonial Park East Budget Estimate Demo sand volleyball court,install obstacle course elements and turf $180,331.46 Install toddler play area $60,201.52 Install-new play panels,slides,climbers $68,010.00 Repaint existing playground,pavilion and powder coat existing fence $27,780.00 Install new borders and top off Engineered Wood Fiber $14,285.00 Relocate trees,install dog fountain $10,000.00 Solar Lighting-Both Phases $19,250.00 Sub-total $379,857.98 Contingency(5%) $18,992.90 Total $398,850.88 As required by Ordinance,a 2020 budget amendment is being requested to increase both revenues and appropriations by$135,850.88 to fund this project out of the Friends of West U Parks Special Revenue Fund. This project will not exceed$398,850.88 per the"up to"amount approved by the Friends of West U Parks Fund, Inc. Schedule: Construction of improvements will begin after Labor Day 2020 and is expected to be completed by the end of November 2020. Portions of the work will require approval by City Council and those items will be brought forward as required. Lamppost Deviations to the Zoning Ordinance: To provide proper lighting to the playground the following deviations from the zoning ordinance(WUPC 7-6 Note 10)will be needed: 1. Lamppost Height: a. Current requirement is maximum height of eight (8) feet. b. Deviation Requested: Colonial Park East Playground i. Allow 12 foot poles to allow appropriate lighting to the playground, while minimizing the visibility to the neighboring properties. WUPC Section 6-101 states: It is an affirmative defense in any proceedings to enforce this ordinance that any of the following sets of circumstances is applicable: (3) The condition or activity in question is: (i)controlled by the City itself or its officers, agents, employees or contractors, in the course of their duties of the City, and (ii)approved by the City Council. City Council's acceptance of this plan with known deviations will allow staff to complete this project as presented in a timely manner. Recommended Action Staff recommends City Council take the following action: • Approve the Friends of West U Parks Fund, Inc., expenditure in an amount not to exceed $398,850.88; • Adopt an ordinance approving and adopting an amendment to the 2020 Budget; • Accept the Colonial Park East Playground lampposts project as presented with known deviations to the City's Zoning Code; • Authorize the City Manager to execute necessary agreements to complete the specified Colonial Park East Improvements in an amount not to exceed $398,850.88.