HomeMy WebLinkAboutOrd 1692 - zoning; vineyards, gardens and other private green space
Ordinance No. 1692
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS REGARDING VINEYARDS,
GARDENS AND OTHER PRIVATE GREEN SPACE; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council and the Zoning & Planning Commission C'Z&PC") of
the City of West University Place, Texas C~City}J) have held a joint public hearing on a
proposal to amend the Zoning Ordinance of the City, as last reformatted and readopted
by Ordinance No~ 1672, adopted March 12, 2001 (UZoning OrdinanceH); 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, THEREFOREf
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repealed to the extent of the conflict only.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, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected 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 given~ 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 ~~ /3 , ~ /.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED on second reading on~_J--2? ,;;co/.
Councilmembers Voting Aye:
Council members Voting No:
Co ncilmembers Absent:
Reviewed:
City Attorney
Recommended:~t. · ~Ia --'
City nager
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Appendix A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
August 8, 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
vineyards, gardens, and private green space
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.
Scope of Proposal. The proposal is to amend Table 7-1
(entitled ~UsesH) to allow vineyards, gardens, landscaping,
private playgrounds, etc. in all districts, without special
approval. Case-by-case approval by ZBA would be required for
buildings and some structures. The ZBA could also authorize
different yards (or "setbacksH). See the attachment to this
report for the exact wording. The proposal would also add some
cross-references.
Proceedinqs. 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 on July
23, 2001. 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.
RecommendationD 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
this report: N~o~
V\PV\<:"
the Commission approve
voted "aye,"
\rvlt\e.r not present.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
Amendment relating to
vineyards, gardens and
related open space uses
as recommended by
Z&PC (preliminary report, 6-14-01)
Amend Table 7-1 (both pages) as follows:
Table 7-1: Uses General Rule: Within each District: lIses Innrkcd "All arc allowed, uses lluukecJ ,tSEU are
allowed only to the extent authorized by a special exception (see Note 3)~ and uses
marked "XII are prohibited. Exceptions/Special Rules: (I) See PDO Schedules for
planned developnlent districts. (2) See special rules noted in table.
'.:..' > .;::: ..:'::'
y
:'.
:.:.... . .
Use Category Specific Use ./: r f.i l.H" :'GR-I . ". .:GR~Z:- C
1,1.: -...
;'.<: .'.:'
.:..:.:,: .... ..;.... .:. . .
..
Residenlial S ingle-fmnily A A A A A A A
( detached)
S i ngle-fanli I y X X X A A A X
( attached)
Other residential X X X X A A X
Public and Semi-Public Park, pi ayground, or SE SE SE SE SE SE A See
c0111nllmity center N ole 4
(pubU c)
Private green space See Note 2.
School (public) SE SE SE SE SE SE SE
School (other) X X X X X X SE
Church SE SE SE SE SE SE SE
Uti I ity or service llse . A A A A A A A
See Article 8.
PWSF use. See PfVSF A or SE A or SE A or SE A or SE A or SE A or SE A or S E
Schedule.
Comlnercial Light comnlcrci al X X X X X X A
See Article 8 regarding Med ilun comlnercial X X X X X X SE
cerIa in sexually oriented
businesses.
A] [ other uses X X X X X X X
Note']. [Reserved]
Note 2. [Reserved] Private Green Svace. Vinevards~ gardens~ landscal1ing. private playgrounds and other shnilar uses that arc J}redominantlv
perv ious. vegetated and nOn-CQlnnlercial are allowed in all districts. Unless otherwise authorized bv a soecial exception. the on [v structrues
aJ lowed are fences. 01 avground equi pnlent and I andscaoing structures (e.g.~ low. retaining walls~ borders. etc.). The ZBA [nay issue a socci a 1
exception to authorize other structures. The special exception shall include a site plan specifying and linliting allowable structures. If so ordered
bv the ZBA~ the site plan controls over any other ordinance to the contrary, However. the site plan .nay not specify vards (or ~~setbacks")
different [fOOl those othenvise reQuired~ unless the ZBA finds that the different yards are: (1) necessary for efficient use of the available space and
(i i) compatible \vith nearby sites and their uses. The special exception olay allo\v accessory structures without a pri nci pul bll i 1 ding.
Note 3. Special Exceptions. A special exception olay also specify and limit accessory uses and accessory buildings.
Note 4. Park~ Playground, Etc. In this district, a park, playground or cOJnmunity center may be privately or pub] icly owned.
Note 5. Parking Use in PDD-SF2. The ZBA may issue a special exception to authorize parking Oflllotor vehicles jn connection with nearby
cOlnluercial activities, upon approval by the ZBA of the types of vehicles, design of parking facilities (including Jandscaping~ pnving. 1 ightillg.
fences or \valls~ signs~ etc.) and curb cuts~ all of which luay be included as site-specitic conditions of the special exceptioll.
Not e 6. Light Office Use in PDD-CI. The only commercial use allo\ved in PDD-C 1 is light office use, Ineaning ot11ces for conducting real
estate, insurance and other similar businesses and the offices of the architectural~ clerical, engineering, legal~ dental, medical and other estnblished
and recognized professions, in which only such personnel are cJnpJoyed as are customarily required for the practice of such busilless or
profession.
Amend Section 8-102:
Section 8-102. Accessory Structures; Use And Density
(a) Number~ The number of nOl1-buildil1g structures per .bllilding site is 110t generally
restricted, but each one must be accessory to a lawful use of the buildil1g site~
(b) Accessory Status ~ Any buildings in addition to tIle prillcipal bllildiJlg 011 a bu.ildillg
. site must be accessory to tIle principal building aIld accessory to a lawfulllse of tile IJrillCipal
buildil1g~ But see, Table 7-1, Note 2~
( c) Density Compliance. AllY structure desigl1ed, COl1strllcted, adapted. or l11ail1tal11ed for
a use or a density not specifically permitted by tllis ordinatlCe is prol1ibited.
Amend a definition:
Accessory. A building, structure or llse is Haccessory" if it is: (i) sllbord.il1ate and
illcidental to a lawful principal buildil1g llild llse 011 tile smne bllildil1g site, alld (ii) l1ecessary or
cOllvenient for a lawful principal use of such building~ But see, Table 7-1., Note 2.
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