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HomeMy WebLinkAboutOrd 1801 - zoning ; planned development districts City of West University Place Harris County, Texas Ordinance No~ 1801 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING PLANNED DEVELOPMENT DISTRICTS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission (Ul&PCU) of the City of West University Place, Texas C~City") have 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. 1672J adopted March 12, 2001 and as subsequently amended (UZoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC and now formally approves and adopts that report; 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; NOWJ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the attachment to the Z&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes~ 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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, sentenceJ 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, clausel 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 CharteL ONSJDEREDf PASSED AND APPROVED on first reading on ,~J: Council members Voting Aye: Councilmembers Voting No: Councilmembers Absent: IDERED, PASSED AND APPROVED on second reading, AND SIGNED, on y ,~~ r........ Councilmembers Voting Aye: CounciJmembers Voting No: Councilmembers Absent: Recommended: Attes _ City e retary (Seal) City Ma ager Approved as to legal form: ~~~t--- City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 April 27, 2005 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 PLANNED DEVELOPMENT DISTRICTS (UPDD's") 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 Article 9 of the Zoning Ordinance to provide more flexible rules for POD's, especially in the C District. A copy of the proposal is attached. The proposal would: (1) allow the possibility of zero front yard setbacks in the C District (for example, where a pedestrian- oriented building might be built on the sidewalk); and (2) allow two or more owners in the C District to join together to apply for a PDD (currently! all the land must be owned by one person); and (3) modify the square footage requirements for the smallest POD's. Proceedings. Pursuant to public notices, the Zoning & Planning Commission and the City Council held a joint public hearing on March 28, 2005. The hearing provided an opportunity for parties in interest and citizens to be heard in relation to the proposal. At the hearing, City staff provided a slide show and additional input. At least two witnesses appeared and offered testimony, and there were questions from Council. The Commission has considered all of this information and the Comprehensive Plan. 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 the amendments. The Vote. This report was authorized by the Commission at its meeting held,on the date of this re~ort. The vote wa~_~.~/~ follows: Commissloners..tb-r:~ ..t!~#~~~<A..}4jP~ ~ed "aye;" no "noes;" ~ss absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: s - ~ For the Commission Amendment regarding Planned Development Districts (PDD's) 12-9-04 ARTICLE 9. PLANNED DEVELOPMENT DISTRICTS Section 9-100. Purpose. The purpose and intent of this article is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the City, with overall use regulations as set forth below and in accordance with the City's comprehensive plan.. A planned development district is designed: (i) to allow development other than single family (detached) uses which is harmonious with close proximity to SF Districts and will provide a benefit to residents of the City; (ii) to enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance; (iii) to provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs; (iv) to encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods; (v) to facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment; and (vi) to require the application of professional planning and design techniques to achieve overall coordinated developments and avoid the negative effects of piecemeal or unplanned development. Section 9-101. Certain regulations. Within a PDD, the applicable regulations shall be described in the corresponding PDD schedule.. A PDD schedule must require a minimum setback from the front street line on each building site offive feet, except for PDD's established in the C District. A PDD schedule may include the following land uses, and no others, determined by the pre-existing district in which the PDD is proposed: (1) In a SF District: single-family (detached) use only.. (2) In a non-SF residential district: any use permitted in the GR-2 District. (3) In a non-residential district: any use permitted in the GR-2 District or the C D istri ct. Section 9-102. Site criteria. A person applying for the establishment of a PDD must own the entire area subject to the application. Excevtion: In tile C District~ two or more persons may own the area subiect to the application~ if they iointly apply for a single PDD. The area must include either: (i) 40,000 square feet or more, all contiguous or separated only by a street, or (ii) 20,000 30~OOO square feet or more, all contiguolls and composed of one or more parcels prc"/iolls1~y o"l''Ifficd scpuratcl)~. Section 9-103. Procedures. (a) Submissions~ The applicant must submit a development plat (which lnay be the same as a plat submitted under another ordinance of the City, if allowed by SllCll other o rd. in anc e) and a development report containing a general description of the proposed development and an analysis of traffic patterns, street areas, drainage, utilities, and maintenance of public spaces, together with any additional items the building official or the Z&PC may reasonably request (b) Processing~ The processing procedure for ~pproval of a PDD shall be the same as for an amendment to this ordinance. If a PDD is approved, the Zoning District Map shall be amended to show the PDD boundaries, and a PDD schedule shall be added to this ordinance to provide the necessary regulations~ (c) Review; No Entitlement. TIle review of a PDD, like all amendments to zoning ordinances, involves extensive procedures and legislative weighing of competing policy considerations.. Therefore, no person is guaranteed or assured that a PDD either will or will not be acted upon favorably or within any given period of time, and no person shall ever be entitled to the approval of a PDD under any circumstances.