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HomeMy WebLinkAboutOrd 1799 - amending zoning ; regarding uses and parking City of West University Place Harris County, Texas Ordinance No~ 1799 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING USES AND PARKING; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission ("Z&PCn) of the City of West University Place, Texas (UCity") 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. 1672, adopted March 12,2001 and as subsequently amended ("Zoning Ordinance'J); 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 WHEREAS1 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 followedt 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: 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&PCt 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 wordJ 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.~,qr unconstitutional by any court of competent jurisdiction, neither the remainder ofttlfs 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~ ~SIDERED' PASSED AND APPROVED on first reading on ~~ , 2't'S-:- Councilmembers Voting Aye: CouncHmembers Voting No: Councilmembers Absent: IDERED, PASSED AND APPROVED on second reading, AND SIGNED, on .23, ~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: A~s igned: Ci retary (Seal) Recommended: ~W~ City M~nager Approved as to legal form: J . City Attorney {3;k1 J-8Idt- Mayor / 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 USES AND PARKING 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 various sections of the Zoning Ordinance to update the regulations of uses, especially uses now requiring special exceptions. The proposal would: (1) confirm that certain uses (e.g., places of worship, public schools) may locate anywhere in the City; (2) require special exceptions when there is a "high- density occupancy,H which is defined to include gatherings that could cause traffic impediments, for example; (3) allow the ZBA to issue special exceptions for private schools on split sites (partly in the C District); (4) provide updated and more flexible parking regulations for institutions (e.g., community center, library, school, place of worship); (5) allow more joint use of off-street parking spaces, with ZBA approval; (6) The prohibition against above-grade parking remains unchanged in the C-District. The original proposal would have allowed above-grade parking with a special exception from the Zoning Board of Adjustment. (7) update and revise related wording in the Zoning Ordinance. A copy of the proposal is attached. . Proceedings. Pursuant to public not.ices, 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 four witnesses appeared and offered testimony, and there was some discussion. The Commission has considered all of this information and the Comprehensive Plan. At its meeting held on the date of this report, the Commission considered minor changes to the proposal and also dropped the proposed amendment of Section lO-103{e} relating to above-grade parking in the C District. See the attachment 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 the amendments. The Vote. This report was authorized by the Commission at its meeting held on the date of this report. The vo1e was as~~ follows: Commissioners ~yp~~?,"~/ ~~/ ~~o~ed "aye;" no "noes;" KO..s.-S absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: c;GG~- For the Commission L-. Amendment to update Table 7-1: Uses and Parking 4~27-05 Amend Table 7-1 as follows: No/e J. Note 2. Note 3. Note 4. Note 5. Not e 6. Table 7-1: Uses Use C ategolY Specific Use Resident ia I Sin.!;!;lc-fami]y (detached) S i n~ h~... family (:lttachcd) Other res idcntia 1 Public and Semi-Public Park, pia ygro und, 0 r commu n ity center (pu b lie). school (public) pl:lcC of ~n Private l!;rcen space Be School (other) &e Note 9. Ghurch U tilit Y 0 r service use. See A rlicle 8. PWSF use. See-PtrtSF Selwtlultk Commercial Light commercial See Article 8 regarding certain sexually oriented businesses. Medium commercial All ot her uses General Rule: Within each .District: uses marked uAII are allowed as the nrimarv use1 uses marked uSE" are aJ lowed as the primarY use to th e extent authorized by special exception. with only to th e extent authorized by a special exception (sce ~Vo:c 3)) and uses marked "X" are prohibited. Exceptions/Special Rules: (I) See POD Schedules for planned development districts. (2) See special rules noted in table. The Z13A is authorized to issue all soecial excentions mentioned in this Table. . SF-I. . . . . . : Sf'~i :.. . .. .:.m..... . . . .SF-3. . . ..: dR~i::.. . . :.. GR.2.... . .. .. . C... A~ A x X X X SE Sf: See Notes I and 2. BE SE X X A~ A X A X A See NOles 3 au, -I. BE SE SE- X X SE 8-e..~Jintg $.-1. fiE SE SE x x x SE SE SC A See No/e-'1 I and 3 SE SE x x 88 SE SE BE A~ A or SE .%e PW/iF."\rclu!dulf!. .\"ee NOff! I. x x x x x x A x x x x x x SE x x x x x x x Hi'iJh-den~ilv occllfJoncies in SF Dish'ic/. Hil!h~dcnsjty occupancies are allowed in SF Districts onlv to the extent authorized by a special exception. TIle ZBA mav issue such a special exception if it finds and dctcnni nes that the occupancv is a use that is (i) accessorY to n lawful nrimarv use and (ij) reasonably comoatible with nearby sites and their uses (in addition to any other findin1Js and detenninations reouired for a ~;necial exceotion). Note: A previouslv.issued soecial excention that authorized a use with a hit!h*densitv occummcy is sufficient to comolv with this note. Private Green Space. Vineyardst gardens~ landscaping~ private playgrounds and other similar uses that are predominantly pervious~ vegetated an non- commercial are allowed in aU districts. Unless otherwise authorized by a special exception, the only structures allowed are fences, playground equipment and landscaping structures (c.g., low1 retaining walls~ borders, etc.). The ZBA may issue a special exception to authorize other structures. The special exception shall include a site plan specifying and limiting allowable structures. If so ordered by the ZBA~ the site plan controls over any other ordinance to the contrary. However~ the site plan may not specify yards (or "setbacks~J different from those otherwise requiredt unless the ZBA finds that the different yards are: (i) necessary for efficient use oftlle available space and (ii) compatible with nearby sites and their uses. The special exception may allow accessory structures without a principal building. Sp::c:G,' E.::=~~I'Y.~.:.9I1S. .\ speeie.J e:~eeDtien-n1fl:1f-fttse-soeeify afld limit aeeeSSElTY llses fJAe-aeee5S6f\ lmifdin;s. Accessory U~es and Structures. In the indicated districts the ZBA may issue a soecial exceotion to 3uthorize additional uses and structures i r the ZBA finds and determines that each additional use and structure is~ (i) accessQ(v to a lawful primary use and (in comoatible with nearby sites and their uses. TIle snecial excention nmv include a site ph'm idenfifvin g and 1 imiting such uses and stmctures. Park. Playground. Etc. In this clistriet the C Djstrict~ a park~ playground or community center may be privately or publicly owned. Parking Use ill PDD-SF2. The ZBA may issue a special exception to authorize parking of motor vehicles in connection with nearby commercial activjties~ upon approval by the ZBA of the types of vehicles, design of parking facilities (including landscaping~ paving) Hghting) fences or wa]]s~ signs) etc.) and curb cuts) all of which may be included as site-specific conditions of the special exception. Light Office Use in PDD-Cl. TIle only commercial use allowed in PDD~C I is light office use~ meaning offices for conducting real estate~ insurance and other similar businesses and the offices of the architectural~ clerical) engineering, legal~ dental, medical and other established and recognized professions) in which only such personnel are employed as are customarily required for the practice of such business or profession. Note 7. Gardel1~s'yle lIse in PDD~TH4. ~~Garden*style' single family detached use is allowed in PDD- TH4 if authorized by a site plan meeting the requirements of Ordinance No. 1560~ adopted October 12~ 1998) which is continued in effect for the original site plan and for amendments and replacements of that plan. Such a site plan, after approval by ordinance in accordance with Article 14, controls over any provision elsewhere in this ordinance. A/tachetl dwellings in PDD-SF3. Any existing attached dwellings which complied with the former Schedule PDD-1H3 (Browning Townhouse POD) at tlle time of their construction have PNC status, under and subject to Article 12 of this ordinance. TIle minimum width for interior side yards for such dwelling units is zero where there is an existing common wall (or existing continuously-abutting separate walls) along the property line, in either case with a four-hour fire rating or better. The minimum number of parking spaces is two per dwelling unit, and additional guest parking is not required, notwithstanding other provisions of this ordinance or any special exception issued under this ordinance. School (other). A soecial exception may authorize this use on sites whollv within the C District or partially within the C District and oartinllv within :mofhcr district. Nole 8. NnlC! 9. [Correlative changes apply to the second page of Table 7~1~ Note: For this purpose, PDD-8F1 and PDD-SF-2 are changed the same as SF-3; all PDD- TH districts are changed the same as the TH District, and PDD-C1 is changed the same as the C District. Special notes and provisions for PDD1s are not affected.] Amend definitions in Article 2, as follows: ChlN~ch. Place ofworshio. Those spaces designed and used for actual worship by a recognized and organized religious group, having an ordained minister, priest, rabbi, or similar religious leader, including parking areas and necessary supporting facilities, but not including non-worship spaces such as residences) dormitories, schools, child care faci lities or physical fitness facilities. Conlmercial use, mediunl. Any land use composed of one or more of the following: auto-intensive uses, night assembly uses~ schools, churches, theaters, bars, clubs, physical fitness facilities or health care facilities. Any use which .is partially a light commercial use and partially a medium commercial use shall be deemed to be a medium commercial use for all purposes. .High-densitv OCClIDancv means the use of a buildin{! or structure.. or a portion thereof~ for any of the tyoes of gatherings described in Subsection A-I.. A-2~ A-3.. A-4 or A-5~ ~303~ International Building Code.. 2000 Ed.~ International Code CounciL Inc... but only if the gathering exceeds any of the following parameters: 0) at least 100 people four times or more during any 12-month period.. (in at least 50 oeoole eight times or more in any 12-month period~ or fiB) at least 25 peoDle 16 times or more in anv 12-month period. Night assenlbly use means a use of a building or structure~ or a portion thereof: which meets all three of these criteria: (i) it is non-residential, (ii) it is operated between midnight and 6:00 AM more than four times or more in any 12- month period, and (Hi) jt is desi.;ncd for, or actually occupied by, it involves the gatherin~ of 20 or more people at a time at least 25 people four times or more in anv 12-month period. Add a transitional rule, as follows: The requirement for a special exception for a high density occupancy is deemed to be satisfied if) before the effective date of this [section or ordinance], the ZBA issued a special exception for a use that, at that time, included substantially the same high density occupancy. Amend Sections 10~10D, 10-101 and 10-103 as follows: Section 10-100. Off-Street Parking. There must be off-street parking spaces for each occup.ied building space within the City, as set out below, and subject to the other provisions of this ordinance: Use or Iypc of space AJinimunl number of parking spaces SFO use on a building site containing 5,000 sq, fl. or more. 2.0 per building site. See, also, Article 7. Other reSIdential space" 2.5 (3.0 in PDD~THI~ .PDD-TH2 an PDD-TH5) per DU See Note I. Ehufeh"'spece{inc Iud i ng-nuditorl~ +e-for-ench1hree-.seal5--itt-the-maiFHlUdi~GFi um~ Community ccn1er~ library. school. or-pface of wor.;hip-~ museum or similnr institution 5pilf.:le-k ] 0,0 plus 3,33 per !. 000 squ arc feet 0 f gross floo r area in cxces s of 2.000 squ are feet. which may include mixed l~e.'~ or~pace served hv common p:uking: SpOlCCS (including auditoria and rmv high~density ocr.upnncy !iipaCC5 thM are part oftbe institution) Health care fhcility space (not including offi~s) Greater of l,5 per bed or 1.5 per employee on the maximum work shift. ( Theater or auditorium space 2Uptlce with tiny hilJh-dcn'l:ity occuv..a.na(cxccpt as included in Greater of: 0) ].0 for each four s.eats; or (H) ],5 per] tOaD square feet of gross floor area~ plus].O for each church,community center~ 1ibrary~ school. place orworship~ or- museum m:...IDn.ilnr emptoyee on the maximum shift, inIDMimU Office space used to provide medical services 6,0 per 1,000 square feet 0 f gross floor area. Other office space 4.0 per 1 ~OOO square feet of gross floor area. Physical fitness fac ilit y space 10.0 per 1,000 feet of gross floor area. Studio and gallery spac~ bank and financial selVices space (except space used for allto- Greater of: (i) 5.0 per] ,000 square feet of gross floor area~ or (ii) 3,0 per commercial unit. intensive uses) Space wh h au to~int cnsivc u scs ] 0.0 per 1 ~OOO square feet of gross floor are.:t Retail space used for rental of personal property (except space used for auto-intensive uses) 10.0 per 1 ~OOO square feet of gross floor area. Restaurant space, club, cafe and similar recreation or amusement space (except space used fOf Greater of~ (i) 1.0 for each three seats for the genera] pub]ic~ or (ii) 10.0 per! ,000 square feet of gross auto. inte ns ive uses) floor area. Gra cery st ore space~ inclu ding ncighbo rhoo d oonvenicnc e store space 5.0 per I ~OOO square feet of gross floor area. Other reto if and pCT50na l service space 5.0 per 1000 square feet of gross floor area. Utility service space, research or testing laboratory spacel Jaboratories, warehouses 1.0 for each three employees on the maximum working shift, plus i.O space for each [ruck or vehicle used in co nnect ion therewith. Sho pp ing cenl ers 4.0 per I tOOO square feet of gross floor area. plus spaces required for office, theater, auditorium and food servjce space. See NOle 2. AU other types of space and uses 10.0 per I~OOO square feet of gross floor area used or occupied by people. Note J. Guest spaces. There must be guest parking spaces marked and kept always available for common use, not reserved for specific persons or classes of persons. Minimum number of guest spaces: 05 per DU (1.0 per DU in PDD-THI, PDD.TH2 and PDD-THS). rounded up. See TobJe 7wJ, Note 7 regarding parkjng for "garden style use" in POD-TII4. Set! Articles 7 and] 0 regarding grouping and other requirements. Note 2. Additional spaces for shoPPing centers: (a) If offi ce space exceeds ] 0% of the gross floor area 0 f the center, add 3.0 spaces per 1,000 square feet of 0 ffice space in excess of 10% . (b) (fa theater or auditorium occupies 10% or less of the gross noor area ()fthe center~ add 3,0 spaces for each lOO seats in the theater or auditorium. (c) If a theater or auditorium occupies more than 10% oflhe center.s gross floor area. the seats are apportioned on a square-foot basis.~ so that one portion corresponds to ] ()D/O of the gross floor area and the other ponlon corresponds to space in excess of 1O%~ for the 10% portion, add 3.0 spaces for each lOO seats, and for the portion in excess of 10%, add 25.0 spaces for each 100 seats. (d) If there is any food service space, add 10.0 spaces per ]tOOO square feet of gross floor area of rood service space. Section 10..101. Parking Spaces; Basic Counting Rule. To compute the parking requirements for any particular building~ the total parking requirement shall be the sum of the specific parking space requirements for each use or type of space included in the building, as set out above. Exception: This does not apply to a community center.. library.. school.. nlace of worship.. museum or similar institution or to shopping centers; see special rules, above. * * * Section 10..103. "Location of parking spaces. (a) SaIne Site Rule. An parking spaces required by this ordinance must be located on the same building site with the building space served. Exception: the required spaces may be located up to 300 feet frolD the entrance of a building served (and may be outside the City limits) for: (1) parking for building sites not used primarily for residential purposes where an increase in the number of spaces is required by a change or enlargement of use, er-(ii) spaces allowed by this Ordinance to be usedjointly for two or more uses or types of space buildings or establishments, or (iii) a community center.. library. schooL place ofworship~ museum or similar institution with mixed uses and types of space served by common parking soaces. (b) Yards and Street Areas. In an SF "District, all parking areas and maneuvering areas (including dead-end or stub driveways) must be behind the principal building or surrounded by opaque fences or walls at least six feet in height, and all such areas are prohibited in front yards. Exception: Maneuvering areas connected only to a major thoroughfare may be located anywhere On the building site or adjacent street area, to the extent reasonably necessary to provide a turnaround allowing vehicles to leave and enter the roadway going forward.. In a non..SF District, no required parking space may be: (1) closer than "10 feet to a street area, except an alley~ or (ii) farther than 500 feet (driving distance) from a street a rea. (c) Certain Joint Use O/Spaces. The ZBA may issue a special exception to allow up to 75 percent of the parking spaces required for any use or tvpe of space building site to be used jointly for another use or type of space buiIdin; site, if the ZBA "finds that no increase in on-street parking is likely to result. See Table 7-5a~ (d) Above-Grade Parking. No parking spaces Inay be located above grade. The ZB.t^" may issue n special exception to nJ1o~s above :!fade parking in the C "District.. if it finds and determines th~t there \vould be no si;niticant adverse effect on property "Nith n single fan1j Iv (attached or detached) use. (e) Easenlents in PDD-Cl ~ In PDD-Cl, parking spaces may not be located in any easement for underground utilities.