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HomeMy WebLinkAboutORD 3014 Amending Zoning Ordinance relating to Pervious AreasCity of West University Place Harris County, Texas ORDINANCE NO. 3014 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 7-3: OPEN & PERVIOUS AREAS, AND TABLE 7-5a: PARKING, DRIVEWAYS, ETC., TO INCREASE THE MINIMUM PERVIOUS AREA FOR A BUILDING SITE TO THIRTY-FIVE PERCENT AND TO INCREASE THE MINIMUM OPEN AREA FOR A BUILDING SITE TO FORTY-FIVE PERCENT IN SINGLE FAMILY RESIDENTIAL DISTRICTS; 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. 0 �I e Section 2. Zoning Amendments. Appendix A, Zoning Ordinance, Article 7, District -Specific Regulations, Section 7-101, Regulations, tables, etc., Table 7-3: Open & Pervious Areas, and Table 7-5a: Parking, driveways, etc., of the Code of Ordinances of the City of West University Place, Texas, are 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. P SSED APPROVED AND ADOPTED ON FIRST READING on the ;zay of , 2021. PAED, APP OVED ND ADOPTED ON SECOND READING, AND SIGNED, on theme , day of , 2021. attached: :AcZONING AMENDMENTS —Appendix A, Section 7-101, Tables 7-3 and 7-5a. ZP&C FINAL REPORT. Secretary ( Recommended: Signed: uty manager Approved as to form: by: YAW uAh�44 Olson & Olson, LLP, City Attorney APPENDIX A Section 7-101. - Regulations, tables, etc. Table 7-3: Open & General Rule: Every building site must have the minimum open Pervious and pervious areas shown, by District, in this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) See PDD Schedules for planned development districts. (2) See special rules Areas noted in table. (3) See the Projections Schedule for details about calculating open and pervious areas. Item Measurement SFA SF -2 SF -3 TH GR -1 GR -2 C TCC Open Front yard, 60%. N/A 40% N/A area minimum percentage. Rear yard, 60%. See Note 1. N/A N/A N/A minimum percentage. See Note 6. Entire building 459% 25% 25% 15% site, minimum percentage. Pervious Front yard, 50% See Note 7. 50% See 50% See N/A area minimum Note 2. Note 2. percentage 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. 4 Entire building 352-4% 15% 15% 15% 10% site, minimum percentage. Landscaping Required, except for SFD uses on building sites with 5,000 sq. ft. strips or more. See Notes 3 and 5. Qualified trees For SFD uses on building sites with 5,000 sq. ft. or more, 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 pavement vehicular areas, and part of it may count as pervious area. See Note 4. Parking areas, Each parking area containing 21 or more parking spaces N/A interior must contain interior pervious areas in "island" or "peninsula" configurations aggregating 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. 4 Table 7-3, cont. 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.) 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. Item Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 C1 Open Front yard, 60%. N/A N/A area minimum percentage. Rear yard, 60%. See Note N/A N/A minimum 1. percentage. See Note 6. Entire building 450% 25% N/A site, minimum percentage. Pervious Front yard, 50% See Note 50% See Note 2. N/A area minimum 7. percentage Entire building 352-4% 15% N/A site, minimum percentage 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 SIP 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. Note 7. All pervious areas in a front yard must be natural vegetation or landscape areas that receive rainwater and allow it to pass through or be absorbed. 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. ("N/A" means the rule does not Parking, driveways, etc. 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. Landscaping Required, except for SFD uses on building sites with 5,000 sq. ft. strips or more. See Notes 3 and 5. Qualified trees 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 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 pavement vehicular areas, and part of it may count as pervious area. See Note 4. Parking areas, Each parking area containing 21 or more parking spaces must interior contain interior pervious areas in "island" or "peninsula" configurations aggregating in area at least two square feet for each parking space. 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 SIP 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. Note 7. All pervious areas in a front yard must be natural vegetation or landscape areas that receive rainwater and allow it to pass through or be absorbed. 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. ("N/A" means the rule does not Parking, driveways, etc. 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. Item Regulation SF -1 SF -2 SF -3 TH GR -1 GR -2 C TCC Off-street Number, Depends on land use, layout, etc. See this Table, Table 7-4a, parking spaces location, and Article 10 (including maneuvering areas, design and parking size, design requirements, "same site" rule, yards, street areas, loading areas spaces, etc.). Other regulations apply; see, e.g. Article 10 Maneuvering See Article 10. areas Grouping or Not allowed, except in a QMDS platted parking reserve serving sharing. two or more DU's. But see Note 2. Use of Parking spaces for non-SFD uses may only be used for motor parking vehicle parking. See Note 3. areas Emergency Minimum 20 ft, via public or private street, to each principal building and accessway width. See each DU (or to an adjacent open area accessible to firefighters Note 1. and equipment). Other regulations also apply, e.g, fire code. Driveways and Minimum For SFD use: nine ft. private streets width. See Note 1. Other For non-SFD residential use: 10 feet, or 17 feet if two-way and regulations serving three or more DU's. apply; see, e.g. Article 10. Maximum For SFD use: (i) Driveway serving any single -bay garage: 12 width (in feet. (ii) Driveway in a front yard serving rear garage or side - front yard or facing garage: 12 feet. (iii) Driveway in side street area of a street area) corner site serving a side -facing garage with three or more bays: 30 feet; (iv) Any other driveway: 20 feet. For other residential uses: 24 ft. (or 35 feet if connecting to a major thoroughfare). For all other uses: 30 feet (or 35 feet if See Note 1. connecting to a major thoroughfare). Maximum For non-SFD uses: 160 feet, driving distance to the nearest length street area, measured along centerline from farthest end point. A longer driveway is allowed if there is an approved turnaround or second means of egress, or if the drive -way is platted as part of the common area in a QMDS. Route, See Note 6. N/A location Spacing For non-SFD uses: There must be at least 40 feet between the "inside" apron edges (at their narrowest points) of driveways serving the same building site. Pavement Required For SFD use: Hard -surfaced or pervious pavement required for type each required driveway and parking space; twin "ribbons" of pavement are permitted. For all other uses: Reinforced See Note 4. concrete, with curbs and drains required for all vehicular areas. Exceptions: (i) See Table 7-3 (pervious pavement) and Note 4, below. (ii) See Article 10 regarding "overhang." Markings; Required For non-SFD uses: Parking spaces must be clearly marked on wheel stops. type the pavement, and wheel stops are required. See Note 12. Curb cuts Number For SFD use: Maximum one per designated building site abutting the street. For non-SFD uses: Maximum one per 50 -ft. segment of street line. See Note 5. Other regulations apply, see, e.g. Article Max. width Four feet (for aprons) plus the maximum driveway width 10 and Chapter per 50 -ft. allowed. Each curb cut must be confined to the part of the 70 of the Code segment of street area that directly abuts the building site(s) served. See of Ordinances. street line Note 1. Visibility Forbidden The following are forbidden on parts of a building site within a triangles structures, visibility triangle: structures, plants or other things taller than TH4 plants and 2.0 ft. or shorter than 8.0 ft. This does not require removal of See definitions other things trees in existence on July 1, 1992, if kept pruned. in Article 2 Table 7-5a, cont. General Rule: Every building site, vehicular area and related structure must conform to the applicable regulations shown, by District, in this table. ("N&A" means the rule does not apply.) Exceptions/ Special Rules: (1) See special rules noted in table. (3) See Article 9 regarding Planned Development Districts. (3) See Note 7 regarding special exceptions. (4) See Article 10. Item Regulation PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 C1 Off-street Number, Depends on land use, layout, etc. See this Table, Table 7-4a, parking spaces location, and Article 10 (including maneuvering areas, design and parking size, design requirements, "same site" rule, yards, street areas, loading areas spaces, etc.). Other regulations apply; see, e.g. Article 10 10 Grouping or Not allowed, except in a QMDS platted parking reserve serving sharing. two or more DU's. But see Note 2. Use of Parking spaces for non-SFD uses may only be used for motor parking vehicle parking. See Note 3. areas Maneuvering See Article 10. areas Emergency Minimum 20 ft, via public or private street, to each principal building and accessway width each DU (or to an adjacent open area accessible to firefighters and equipment). Other regulations also apply, e.g, fire code. See Note 1. Driveways and Minimum For SFD use: nine ft. private streets width Other See Note 1. For non-SFD residential use: 10 feet, or 17 feet if two-way and regulations serving three or more DU's. apply; see, e.g. Article 10. Maximum For SFD use: (i) Driveway serving any single-bay garage: 12 width (in feet. (ii) Driveway in a front yard serving rear garage or side- front yard or facing garage: 12 feet. (iii) Driveway in side street area of a street area) corner site serving a side-facing garage with three or more bays: 30 feet; (iv) Any other driveway: 20 feet. For other residential uses: 24 ft. (or 35 feet if connecting to a major See Note 1. thoroughfare). For all other uses: 30 feet (or 35 feet if connecting to a major thoroughfare). Maximum For non-SFD uses: 160 feet, driving distance to the nearest length street area, measured along centerline from farthest end point. A longer driveway is 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 10 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. 11 Spacing For non-SFD uses: There must be at least 40 feet between the "inside" apron edges (at their narrowest points) of driveways serving the same building site. Pavement Required For SFD use: Hard -surfaced or pervious pavement required for type each required driveway and parking space; twin "ribbons" of pavement are permitted. For all other uses: Reinforced See Note 4. concrete, with curbs and drains required for all vehicular areas. Exceptions: (i) See Table 7-3 (pervious pavement) and Note 4, below. (ii) See Article 10 regarding 'overhang." Markings; Required For non-SFD uses: Parking spaces must be clearly marked on wheel stops. type the pavement, and wheel stops are required. See Note 12. Curb cuts Number For SFD use: Maximum one per designated building site abutting the street. For non-SFD uses: Maximum one per 50 -ft. Other segment of street line. See Note 5. regulations apply, see, e.g. Article Max. width Four feet (for aprons) plus the maximum driveway width 10 and Chapter per 50 -ft. allowed. Each curb cut must be confined to the part of the 70 of the Code segment of street area that directly abuts the building site(s) served. See of Ordinances. street line Note 1. 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. 11 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 ZBXadministrative official may a SP86a' eXGeptaOR to approve other pavement designs and allow othp materials if it fiRdS that the pavement designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to water runoff. 12 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 3808University 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 Pervious and Open Areas. 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 increase the minimum pervious area from 24` to 35% within single- family residential districts and the entire building site, minimum percentage of open areas from 40 to 450. The goal of this item is to limit the amount of impervious cover and to promote pervious areas within residential districts. 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 limit the amount of pavement of all types in the front yards of single- family residences. This clarification assists in the enforcement of the pervious and open area changes proposed in this report. Recommendation. Based on the review review given this matter, the Commission: (i)finds that this proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably address previous and open areas within single-family residential districts of the City, and (iii) makes its final recommendation favorable to the proposal and 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 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Chair, Zoning an Planning Commission