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HomeMy WebLinkAboutOrd 1702 - zoning; front street lines Ordinance No~ 1702 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING FRONT STREET LINES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission CtZ&PCll) of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City~ as last reformatted and readopted by Ord inance No. 1672, adopted March 12, 2001 (UZoning Ord inance"); and WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Appendix A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC and is of the opinion that the proposed 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: Section 1" The Zoning Ordinance is hereby amended as indicated in the attachment to the report of the Z&PC in Appendix A, which is attached and made a part of this ordinance. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. 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, neither the remainder of this ordinance! nor the application of such word, phrase, clause, sentencef paragraph, section or other part of this ordinance to any other persons or circumstances, shall be aff~cted thereby~ Section 4. 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 Texas Open Meetings Act. 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. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given1 and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. PASSED AND APPROVED on first reading on ~~ ;L 2- , ArJO / Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSED AND APPROVED on second reading on ~ /.;J- I ;>00 / Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Recommended~ City anager ReviewedJ City Attorney c01"1 0\540 ZPC recommended front street lines Appendix A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 October 11, 2001 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 and Code of Ordinances regarding front street lines To the Honorable Mayor & Members of City Council: The Zoning & 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. Scooe of Proposal. The proposal is to amend the definition of "front street lineH to clarify the method for determining the front of a corner site. This determination is important, because the front yard depth is usually deeper than the side yard depth. The amendment is designed to match the methods traditionally used in the development of the City. See the attachment to this report for the exact wording. Proceedinas. Pursuant to public notices, the Zoning & Planning Commission and the City Council held a joint public hearing in the Council Chamber of the Municipal Building. The hearing provided an opportunity for parties in interest and citizens to be heard in relation to the proposal. City staff provided input to the Commission. The Commission has reviewed the Comprehensive Plan. The Commission has considered all of this information, and now recommends the proposal, as amended and attached to this report. Recommendation. Based on the extensive review given this proposal, the Commission: (i) finds that the proposed amendments, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposed amendments reasonably address circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the amendments, and (iii) recommends that the City Council adopt them, as amended. The Vote. The following members of the Commission approve this report: Charles Nelson, Steve Brown, Dick Yehle, Marc Boucher, Stephen Pohl and Anne Whitlock voted "aye," none voted "nay," Mary Nelson not present. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By:dk6d~ For the Commission Amendment regarding "front street line" definition 10-11-01 Line, front street. The com.mon boundary of a bllilding site aI1d a street area. s~lbject to tIle follo"l~ving: For corner sites (illld any other sites tOUCllil1g two or 1110re street areas)~ tile froI1t street line is determined by tIle bllildil1g official according to the followil1g criteria, listed. ill order of precedence: ill A special designation of tIle front street line made by tIle ZBA (see, e.!<. Article 8), or by an approved. QMDS plat or PDD site pla11 (if allY). ill A clear indication of tile appropriate frollt street line~ based UpOll: .ciL subdivision platting pattern., .oil. traffic ffild. access patterll, (iii) property size al1d sllape~ (iv) orientatiol1 of existing al1d.llistoric developme11t, N pro.bable future development~ alld .6dl cOlnpatibility witll nearby sites alld tlleir uses. E.:'Cccption: Tllis paragraph does llot apply to "rotated COf11er bllildill~ site~" ill t11e SF 1 District g:o'verned .b~y the special fllles set out in Ta.ble 7 2. For tllis Dllrpose.. tIle building official sllall tal(e il1tO account allY sDecial yard deaths applicable to a "rotated corner bllilding: site" (see Table 7-2). ill For sites witll SFR llse (includil1g undeveloped property ill all SFR district or in the GR-l or GR-2 District): .ciL if OIle street line is substalltially sllorter tllall all otllers~ it is tile front street litle; @ otllerwise~ the frollt street lille is tile line tllat is Inost cOll1patible 'vvitIl nearby sites and tlleir llses. 8:2 For sites witllOllt SFR use borderillg a major tJlorollgllfare: .Gl tile front street line would ordillarily be tIle COl1U11011. bOluldary witll tIle lllalor t1lorOllg11fare~ .oil. if all boul1dary streets are Inaia! tllorollgllfares, tile 1'r011t street li11e is the common bOlmdary with tIle t11orollg.hfare witll tIle lOllgest fro11tage~ (iii) otllerwise, tIle f[OIlt street li11e is tIle line that is 1110st cOl11patible vvith l1earby sites and tlleir llses. ill For otller sites witIlout SFR use: .ciL if Olle street lil1e is sllbstaJ.1tially l011ger tllan tIle others., it is tIle frollt street line; ili2 otherwise, the frOl1t street line is tile lil1e tllat is Illost compatible witll nearby sites illld tlleir uses. (1) In a residel1tial district, if tIle buildillg site sllares a COlll111011 bOlllldary \"l/itll t\yO or more street ~@~S, and except as pro"'C/ided belo\~v, tIle fro:nt street lille is tile commOl1 bOl111dary '\vitll tIle street 11a"vin; tile sllortest frollt3-Ge, .b1,..lt if all of tb.e streets l1ave tIle same frolltage, tile frollt street lil1e is the lil1e illdicated. by al~Y principal buildil1g ill existence or tInder constr1".lctiol1 3.S of tile 1987 ef1ective d~t1;@..; If there is no s"'..lcll principal b~lildi11b' the fro11t street .lin.e is tile lille designated~ tIle first perSOll to COl1strllct a IJrincipal bllildi11g 011 t11e site after tIle 1987 effecti\Fe date. "^J. front street line desi;113.ted b)T tIle ZB.t.^~ pllrSllatlt to ./\rticle 16 s11alf control Q'ler an)' ot11er designatio1l. (2) III a ll0il residential district, if tIle bllildillf; site sllares ~ COl11illOl} bo~uldary 'tvit11 t\VO or lTIOre streets, OIle of \Vl1icll is a 11laj or t11orOll~11fClre, t11e frol1t street lil1e i~ tIle conunon boundary '\vith tIle major tlloro~lGhfare. If all bOU.lldaT)' street:.s-Hl=@' major tlloroughfares, the fiont street line is tIle COlllillOl1 bo~uldar~y '1~'/itll t11e tlloroughfare ha-,/inG tile lonGest frontage, but if all of tIle t11oro~lg11f~res h3ye equal frontage, tIle front street li11e is tIle lille designated by the first person to construct a principal building 011 tile site. If 110118 of tile bO~111dary streets is a l11ajor tllorougllfare, tIle frollt street lil1e is tIle COllunOll bO'Ulldatj' ~~~lith ~11e street 11a"vinG tIle sllortest front~;e, b'J~lt if all of th,e streets 11~P/e eq~lal frol1tage, tl1e frol1t street is the line indic3.ted b)' 311)' prillcipal buildil1g ill existel1ce or :ulder constr~lction as of tIle 1987 effecti've date; if tllere is 110 Sllcll prillci pal bllildil1g, tIle frollt street is tIle line desif;ll:1ted b)' the first perS011 to COl1strllct a pril1cipa-l buildil1g on tIle site after tIle 1987 effectiv'€ date.