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HomeMy WebLinkAboutOrd 1695 - zoning; predominant front yard depth Ordinance No~ 1695 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING PREDOMINANT FRONT YARD DEPTH; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission C'Z&PC") of the City of West University Placel Texas C~CityU) has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001 ("Zoning Ordinance"); and WHEREAS, the Z&PC's report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. The hearing shall be held in the CouncH Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on September 24, 2001. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.Jll. on October 8, 2001 at the same place. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinancej (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhlbit A is hereby submitted and fe-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section4 The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the Village News (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for a regular edition of the City Currents newsletter~ The notices shall be deposited in the United States mail on or before the ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice documentl as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 511 The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City CounciL Section 6.. 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} the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only ~ Section 7. The City Council officially finds, determines and declares that 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 Open Meetings Law~ Chapter 551, Texas Government Code, as amended, and that 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. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature ~ PASSED, APPROVED AND ADOPTED on ~~~ dZ ~ t 2001. ~esU ~1~~~~) I Y Secretary Mayor Reviewed: J, City Attorney Recommended:~ City anager Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 August 8, 2001 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas (nCity~) regarding predominant front yard depth To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary 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 7-2 (entitled nYardsH) to prescribe a greater front yard depth in the SF-l District, which encompasses most of the old West University Place First Addition. The greater depth would apply whenever there is a predominant front yard depth on a given block face, determined by the depths of the lots along that block face. This rule would be similar to the old "established building linen rule that was in effect, in one version or another, prior to 1994. See the attachment to this report for the exact wording. The proposal would also add a definition. Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposed amendment, if adopted, would be in the public interest, (ii) makes a preliminary recommendation favorable to the amendment, and (iii) recommends that the City Council call a joint public hearing to .consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The following members of the Commission approve this preliminary report: All Commissioners voted ~ayen except Commissioners -Higley alJ.d Rt::lly J (absent) . L ( Ne1J/..o/'. ~ '1~ Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS c0108:\54ocallingpredom ,,?J ~ By: /~1liD1/cO:::-16 >,:' Il// For the Commiss i('D.,; I V/ Amendment regarding ttestablished building line," renamed "predominant front yard depth" 8-8-01 Revive and amend the 1987-1994 version of the EBL definition: Established bui!din; title Predominant front yard depth. ~ i^.IL setbaclc lille alor"'b an, el1tire blocl~ face '\v11ere there is predominill1t frollt setbaclc distance~ TIle depth of tIle frollt yards of l1alf or lllore of tile Tllere is a IJredominant front setback distance wIlen more tllal111alf of tIle illterior bllildillg sites alo11g a GH: :tl:w blocl< face (exclu.dil1g tIle corner sites) ha'/e t11e identical frollt setback lille, ift11ey l1ave tIle Sall1e ti~ont yard deptll determilled by their deptlls dilnensiol1s of tIle sites ~lllder the gel1eril criteria of -L^~rticle 7_(t11at is, lTIOre th811 half of the sites l1ave a front setback distance yard. depth of20, 25 or 30 feet; see Table 7-2). If tllere is a predominmlt front setback distance, tIle establislled buildil1G lille is the lille parallel to the street rigllt of "l/a)T lil1e aIld setback: b)' a distance equal to the predo'mil1al1t [[011t setback dist3RC-@.. Amend Table 7-2 as follows (applies to SF-1 ONL Y): Note 1. ,Vote 2. Note 3. Note 4. Note 5. N ole 6. lV ote 7. * * "l'; Table 7-2: Yards (or 'setbacl{s ') item Measurement General Rule: No part of any structure may be located within a part of a building site included \vithin a yard defined, by District, in this table. C~N/A~~ means the rule docs not apply.} Exceptions/Special Rules: (I) Structures Jnay be located in yards to the extent al lowed by the Projections Schedule. (2) See special rules noted in table. (3) See POD Schedules for PI 11l1ned Dcvelopnlent Districts. (4) See additional setbacks in the P\VSF Schedule. . . . .. .:.J;R~].:... . <.: GR~r.... c Front yard Distance frDln front street line. See ^'ote 9 rel!ardinz SFw J . 1 ntcrior side yard Distance from side property I jne (each side). 20 feet if the bu j] di ng site depth is 11 0 feet or less; 25 feet if the building site depth is JllOre than 11 0 feet but not lllorc than 125 feet; 30 "feet if the bu i I ding sj le depth is more than 125 feet. See N ole 5 and Note 9 rSF-l ). . 20n. See Note 7 and 8.. 10 ft. See IVole 7. 30 H. See IV ote 5. Street 'S ide yard Distance frOll1 side street I inc. Greater of 10% ofbuHding site width or 5 ft.. See Note 4. See ,Vote 7. 5 teel. See Note 2. 5 tl. See Note .f. Rear yard Distance frOll1 rear property line. Distance from N/ A nearest part of an SF Distri ct Greater 0 r 10% 0 f building site width or 5 fl. Se.e lVoles 21 3, 6. Greater of 10% of building site \vidth or 5 feet. See Notes 2t 6. 10ft. See Note 7. 15 ft. SF Bufferyard 20 ft. See Note 1. 20 n. See Note 7. 5 ft. See Note 7. 5 n. N/A N/A 20 f1. See iVate 7. lOft. "Through Lots." If a bui (ding site extends all the way through a bl ock~ so that the front and reClf both abu l a street area, there is no rea r yard. b tl t the ~ j t l" i \ treated as if there .were two front yards, each with the smne depth as the average front yard on the same side of the block. Narrow Site "317" Exception. AJternate side yard areas apply to a building site J)leeting aU four of the JbJJowing crltcrja: (A) The buHding S1!e IS k,'i~ Uwn 55 feet wide. (8) The use is single~family (detached) use. (C) Outside the rear yard~ no wall of any building is closer than 10 feet to any wall of a "pri('l" building" on another building site (unless there are tlprior buildings" on both sides~ each within seven feet of the properly line). A tlprior building-'t is u building in existence, under construction or covered by a current building permit when a building permit is issued tor the subseqLlent bu Hding. (D) Tlw owner has designated alternate side setback areas in a form approved by the bu i I ding 0 illcial and in accordance with all of the fall o\vi ng cri led i.1: ( l) Minhnum setback, interior: 3 feet. (2) Minhnum setback~ street side: 5 feet. (3) Mininulln setbacks, both sides conlbined: greater of 10 feet or 200;;) of the building site width. (4) On each side, the setback is uniform. See Article 10 regarding "alternating drivewny" rule. Rotaled Corners. For rotated corner building sites (SF~l District only)~ the mininlllln side street yard width is: (i) 10 feet if the building site width is 65 feet or less, (ii) 10 feet plus the distance by which the width of the building site exceed 65 feet, if the building site width is more than 65 feet but less than 75 leet. (Hi) 20 feet if the building site width is 75 feet or more but less than I 00 feet~ or (iv) for building sites 100 feet wide or Jnorc, the side street ynrd width is deternlined by the smne rules as the front yard depth~ except that the "depth" of the building site is lneasured fronl the side street line. Common lValls. In the TH, GR-2 and C Dislrict~ the ZBA lnay issue a special exception for a zero~.wjdth side yard, but only upon application by both property owners and only if the special exception is conditioned upon the construction and tnaintenancc of a comnlon wall or continuoLls]y~abuttillg separate walls (in either case with a rourwhour fire rating or better) along the property line. See~ also~ Note 7, be[ow~ lor QrvIDS. Nfajor Thoroughfares. The ZBA 1nay issue a sped al exception fOf a front yard I ess than 30 feet deep abutting a mnjoJ' tho ra ugh farc~ if the frnn t yard prescribed is at least 10 feet deep, and if [he special exception requires the greatest practicable nmount of perviolls area in the n.ont yard. Special Exception. The ZBA may prescribe a ditIerent street side yard by special exception relating to n'ontagc. See Article 8. Yards In QJ'vIDS. In a QMDS, yards are only required around the periIneter of the subdivision and are designated by the subdivislon plat. See udillilion pI"' QMDS. Standard projections into QMDS yards are allowed per the Projections Schedule. In addition: Fronl yard (GR. J or GR-2 Only): A principal building \vith an internal access garage may project as close as 10 feet to the street 8!"ca if, :n the projecting part: (a) there is a tirst-Hoor porch or with at least 80 sq. ft. oftloor space (open or screened) and no ditnension smaller than seven l'\,;"cL (b) above the porch or court, no more than half the lfsab le t100r space is enclosed (coverings and 0 ther f1aor spacc~ incl ud tug ope n or scn:c !led porches, are allowed above all the porch or court); (c) the cornice height docs not exceed 27 feet; (d) there are no nlore than 1.5 stories: and (e) there is no garage space. (b) Front yard,' Bay windows, canopies and balconies at least 18 inches above grade Inay project up to 24 inches beyond the principnl building, Steps and handrai 1s Inay project up to 30 inches beyond the pri n ci pal bll if ding. (c) Rear Yard and SF Buffelyard. Buildings up to 10 feet high (nleasured from finished grade to lOp of roof plate) Inny project~ but 110t closer than 1 0 feet to the property line. A'ate 9. Front Yards in SFK/. The front yard depth in the SF-I District, onJv~ is the 2'realer of the prcdonlinant front Yard depth or any. in that pm"t1culnJ' block nlCt;) or the depth determined bv site dimensions according the to the general criteria in this Table (i.e.~ either 20~ 25 or 30 feet). The ZBA llUlV lssue a specJ~u exception for n front ynrd of Jesser dCOtll jfthe Z8A deternljnes that it will not adversely affect nearby properties or their uses. Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas C'CityU) will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.rTI. on September 24, 2001 ~ The hearings may be recessed and continued to the City Council meeting set to begin at 7:30 p~m~ on October 8, 2001 at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to atllend the City's Zoning Ordinance, as follows: (1) Building Site Definitions: The proposal is to amend two definitions in Article II ('building site~~ and usubdivided lot"). The amendment of ubuilding site" would reconcile two different provisions <:~f the ordinance to clarify, not change~ The amendment of '~subdivided lotH would allow some old unplatted lots to be joined under one owner and later re-divided into separate building sites. {\fote: Currently, only platted lots can be re-divided after they are joined~ This amendment wouJd treat the old unplatted lots the same~ (2) Front Street Line Definition (Corner Sites): The proposal is to amend the definition of Ufront street line" in Article IL It would authorize the building official to determine the Hfront street linen for a corner site, according to listed criteria. The criteria would include: (i) designations by a board or commission, (ii) platting, access, size, shape, historic development, and compatibility with surroundingsf (iii) use of the property and length of street frontage, and (iv) presence of a lllajor thoroughfare. Note.w The location of the front street line determines the orientations and depths of required yards (front, side and rear). (3) Predominant Front Yard Depth (SF~1 District). The proposal is to Amend Table 7-2 to require deeper front yards (sometimes called UsetbacksH) for some sites in the SF-1 District. Note: SF-1 includes most of the old West University Place First Addition, south of University Boulevard. Deeper front yards would be required along those blocks where a Hpredominant front yard depthU is indicated by the dimensions of most of the lots along the block. Example: If half or more of the lots along a block are deep (150 feet)j the "predominant front yard depth" would be 30 feet~ The 3D-foot front yard depth would then apply to all lots along the block, including those smaller lots that would otherwise have 20 or 25-foot-deep front yards. Additional details on the proposals as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005~ The proposed amendments would be generally applicable within the City, and any person interested in such matters should attend the hearings. The proposals may be adopted only after notice and hearing, and they would control over any inconsistent provision in the current ZoningA Date: Is/Kay Holloway, City Secretary