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Home My WebLink AboutORD 3013 Amending Zoning Ordinance Relating to Through LotsCity of West University Place Harris County, Texas ORDINANCE NO. 3013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AMENDING APPENDIX A, ZONING ORDINANCE, ARTICLE 7, DISTRICT -SPECIFIC REGULATIONS, SECTION 7-101, REGULATIONS, TABLES, ETC., TABLE 7-2: YARDS (OR `SETBACKS'), OF THE CITY'S CODE OF ORDINANCES TO REDUCE YARDS FOR CERTAIN RESIDENTIAL THROUGH LOTS; PROVIDING FOR A PENALTY UP TO $2,000.00 PER DAY; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last re -formatted and re -adopted by Ordinance No. 1672, adopted March 12, 2001, and as subsequently amended ("Zoning Ordinance"); and WHEREAS, the Z&PC made a final report to the City Council with respect to such proposal, which report is attached as Exhibit B and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC as well as the City's Comprehensive Plan, and City Council formally approves and adopts the report of the Z&PC; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Preamble. The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and incorporated herein for all purposes. Section 2. Zoning Amendments. Appendix A, Zoning Ordinance, Article 7, District -Specific Regulations, Section 7-101, Regulations, tables, etc., Table 7-2: Yards (or `setbacks'), of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read as set out in Exhibit A, attached hereto. Section 3. Penalty. A violation of this ordinance shall be a Class C misdemeanor, and the penalty for violating this ordinance shall be a fine not exceeding Two Thousand and No/100 Dollars ($2,000.00) for each offense. Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this ordinance and the Code of Ordinances shall not preclude the City from filing suit to enjoin the violation. Section 4. Savings/Repealing Provision. All ordinances and parts of ordinances in conflict with this ordinance are repealed to the extent of the conflict only. Section 5. Severability. If any provision of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 6. Effective Date. This ordinance takes effect immediately upon its passage and adoption on second reading and the publication of the caption, as required by Section 2.12 of the City Charter and state law. PASSEDAPPROVED AND ADOPTED ON FIRST READING on theme, day of 2021. PASSED, APPROVED ND ADOPTED ON SECOND READING, AND SIGNED, on the day of , 2021. EXHIBITS ATTACHED: TA -ZONING AMENDMENTS —APPENDIX A. —ZP&C FINAL REPORT. Siqned: ecretary (Seal) Mayor Recommended: Ci Manager Approved as to form: by: ;u. Olson & Olson, LLP,rty Attorney APPENDIX A Section 7-101. - Regulations, tables, etc. Table 7-2: Yards 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 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 (or 'setbacks') PWSF Schedule. Item Measurement SF -1 SF -2 SF -3 TH GR -1 GR -2 C TCC Front yard Distance from front 20 feet if the building site depth is 110 feet 10 ft. 20 ft. 30 ft. 10 ft. See street line. or less; 25 feet if the building site depth is Note 9 more than 110 feet but not more than 125 feet; 30 feet if the building site depth is more than 125 feet. See Note 5. See Note See Note 7 See 7. Note 5 Interior Distance from side Greater of 10% of building site width or 5 5 ft. See Notes 4.1 and 4.2. See 5 ft. side yard property line (each feet. See Note 2. Note 7. side). See Notes 4.1 and 4.2. Street Distance from side Greater of 10% of Greater of 10% of 10 ft. See Note 7. 15 ft. See Note side yard street line. building site width building site width or 5 9 or 5 ft. See Notes feet. See Notes 2, 6. 2,3,6. Rear yard Distance from rear 20 ft. See Note 1. 20 ft. See 5 ft. See Note 7. 5 25 ft. See property line. Note 7. ft. See Note 9 Note 1 SF Distance from N/A N/A N/A 20 ft. See Note 7. 10 ft. N/A nearest part of an Bufferyard SF 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. Exceptions:_11 If the site is "flag" shaped or irregular, the "flag" portion shall have the same setback as the adjoining building sites fronting that street; 2) If a through lot abuts a Maior Thoroughfare and a local street and has a lot depth less than 160 feet, then the lot shall have a front yard on the local street and a back yard on the Major Thoroughfare. Provided, further, there shall be no vehicular access to the street adjacent to the back yard; 3) If a through lot abuts Auden Street and a dead-end street, then the lot shall have a front yard on Auden Street and a back vard on the dead-end street. Provided, further, there shall be no vehicular access to the street adiacent to the back yard. 3 Table 7-2, cont. 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 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. Item Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl Front yard Distance from front street 20 feet if the building 10 ft. See Note 7. 20 ft. 5 ft. line. site depth is 110 feet or less; 25 feet if the building site depth is more than 110 feet but not more than 125 feet; 30 feet if the (Mercer (Bellaire building site depth is Street) Blvd.) more than 125 feet. See Note 5. Interior side Distance from side Greater of 10% of 5 ft. See Notes 4.1 and 4.2. See Note 7. 20 ft. N/A yard property line (each side). building site width or 5 (south feet. See Note 2. property line) Street side Distance from side street Greater of 10% of 10 ft. See Note 7. 10 ft. See yard line. building site width or 5 ft. See Notes 2, 6. (Bissonnet) Note 8. Rear yard Distance from rear 20 ft. See Note 1. 20 ft. See 10 ft. See 20 ft. See Note 1. 5 ft. (west See property line. Note 1. Note 1. property Note 8. line) SF Distance from nearest N/A 20 ft. See 10 ft. See 20 ft. See Note 7. N/A See part of an SF District Note 7. Note 7. Bufferyard Note 8. Exhibit B Zoning & Planning Commission Cityof West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 March 16, 2021 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to SINGLE-FAMILY RESIDENTIAL 'THROUGH LOTS. To the Honorable Mayor & Members of City Council: The Zoning and Planning Commission of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The proposal would provide two exceptions for lots being defined as a through lot. A through lot is a lot that has two frontages and is required to have the setbacks for two front yards. The first would be single-family residential lots on major thoroughfares with a lot of depth of 160 feet or less and the second would be lots on Auden Street with the other frontage on a dead-end street. This amendment would allow these two types of lots to no longer be defined as through lots and would now have a front and rear yard. Public Hearing. A joint public hearing between members of the City Council and the Zoning and Planning Commission was held on February 22, 2021. The Zoning and Planning Commission met on March 11, 2021 and recommended a modification to the proposed ordinance to limit the amount of all pavement in the front yard. This clarification assists in the enforcement of the pervious and open area changes proposed in this report. Recommendation. Based on the review given this proposal so far, the Commission: (i) finds that the proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses certain residential through lots in the City, (iii) makes its final recommendation favorable to the proposal and (iv) recommends that the City Council adopt the proposal. The Vote. The vote on approval follows: Wilson, Cutrer, Campbell, Bobb, Kuykendall, Powell and Brantley voted "aye"; No "noes"; None absent. Respectfully Submitted: ZONING AND PLANNING COMMISSION OP THE CITY OF WEST UNIVERSITY PLACE, TEXAS Chair, Zoning arfd Planning Commission