HomeMy WebLinkAboutOrd 1783 - zoning ; uses and parking
City of West University Place
Harris County, Texas
Ordinance No. 1783
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A
PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS REGARDING USES AND
PARKING; PRESCRIBING PROCEDURES AND NOTICES;
CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO
THE SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS1 the Zoning and Planning Commission (UZ&PGU) of the City of West
University Place1 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 NOA 1672, adopted March 12, 2001, and as amended thereafter
("Zoning Ordinance"); and
WHEREAS, the Z&PC's preliminary 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~ Unless rescheduled, the
hearing shall be held in the Council Chamber of the Municipal Building, 3800 University
Boulevard, West University Place, Texas 77005 during the City Council meeting set to
begin at 6:30 p.m. on March 28, 2005~ The hearing may be recessed and continued to
the City Council meeting set to begin at 6:30 p.m. on April 11, 2005 at the same place!
unless rescheduled~ The City Manger may reschedule the hearing or the recess date,
or both, to accommodate other pending matters, but the rescheduled date(s) may not
be later than 30 days past the dates set by this ordinance.
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 proposat shall be as follows: (1)
notice as required by this ordinance] (2) hearing as caHed 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 shaH be as set out in the existing Zoning
Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted
to the Z&PC for its consideration.
Section 4. The City Secretary shall give notice of such hearing as prescribed by
this section. The notice shall be in substantially the form set out in Exhibit BJ which is
attached and made a part of this ordinance by reference. The notice sha[l be published
in the City's official newspaper (or another newspaper of generat circulation in the City)
at feast 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 the City Currents
newsletter. The notices shall be deposited in the United States mail on or before ninth
day preceding the date of the hearing, properly addressed with postage prepaid. The
notices may be included within the newsletter, or with utility bills or may be separate.
The City Council specificarly approves giving combined notice of two or more hearings
in a single notice documentJ as this would save money and also provide better
information about the full scope of possible amendments to aU interested persons.
Section 5. The City staff is authorized to make all necessary arrangements for
the hearing and to assist the Zoning and Planning Commiss,on and the City Counci~.
Section 610 If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance, or the application thereof to any person or circumstancel shaJI
ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the
remainder of this ordinance and the application of such word1 phrasef 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 Cou neil officially finds, determ ines 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 CodeJ 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 ratifiesl
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, ADOPTED AND SIGNED o~~ /;/,20 d'S:-
~~
City Man ger
ReViewed:~
~ \..--
City Attorney
codes\wup\54 0 CAL UN G
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
Uflnucu-y i3, 2005
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 (UCity") relating to uses and parking
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 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," 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) allow above-grade parking in the C District, with ZBA
approval; and
(7) update and revise related wording in the Zoning
Ordinance~
A copy of the proposal is attached.
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 proposal, if
adopted, would be in the public interest, (ii) makes a
preliminary recommendation favorable to the proposal, (ii)
. 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 vote on approval of this report was as
follows: Commissioners BrcWflj"HorouJ,TZ) Ri~ano and BeloFF voted
"aye; fl no "noes;" Rt65Jrnoba.and S.telUa.rr absent ~
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: ~~
Amendment to update
Table 7-1: Uses
1-12-05
Amend Table 7..,1 as folJows:
Table 7-1: Uses General Rule: \V ithin each District: uses marked II A tl arc allowed as the primary use) uses marked ItS E!t
a rc a Bowed as the primary use to the extent au thorlzcd by special exception, ~~ ~ tll VII l)' tv 111'-' lw"," l.....u t
0.11 tha rL.ed ,,) R 3~ ee ia! e;lee ~ lien (j (; (: }},,:t: J), and uses marked II X narc proh ibi ted. E.tceptiolls ISpeciu/
Rules: (1) See POD S ch cd u lcs for plan ned cleve lapm en t d istdcts. (2) See special ru les noted in ta b le.
The ZBA is authorized to issue all special exceptions mentioned in this Table.
Use Category Specific Use SF-I SF-2 SF-3 TH GR-l GR-2 C
Rcsidcn tin l Sillg]c~fam ily A See Note 1. I A
(d ctaehed)
Single-ram i ly X X X A See A X
(a ttachcd) Note 1.
Other residential X X X X A X
Public and Scm i-Public Park, playground, 3E 3E SE 3E SC A
or community
center (pubHc)~ A. See Notes J and 3. See Notes
school (pu b lie ). 3 and 4.
place 0 f worship
Private green space See Notes 1 and 2.
... s-& s-& 5fr s-E- s-E- s-E- frE
.........lIIVVj .IJUUUv
School (other) X X X X X X SE
See Nore 9. See Note
3.
€tnrrclr 5-E' Sfr 9'fr s-fr 'S'fr ttE tffi
U Ii lily or scrv tce A See Note J.
U SC. See A rtide 8.
P \VSF use. Src- A or SE See PWSF Schedule. See Note 1.
t. rJ~SI"'" S"I'I~i:.1 ~'l,;,..
Com mere ial Light com mercia l X X X X X X A
See Article 8 regarding
certain sexually oriented M cd lum X X X X X X SE
businesses. commercial
A] l other uses X X X X X X X
Note 1. High-densitv occuvallcies in SF District. High-densitv occuoancies are allowed in SF Districts only to the extent authorized bv a special
exception. The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is (i) accessory to a
lawful primary use and (in reasonably compatible with nearby sites and their uses (in addition to any other findings and determinations
reauired for a soecial exceotion). Note: A oreviouslv-issued soecial exception that authorized a use with a high-density occupancy is
sufficient to comply \vith this note.
Note 2. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other similar uses that are predominantly pervious,
vegetated an non-commercial are allo\ved in all districts. Unless otherwise authorized by a special exception, the on Iy structures allowed
are fences, playground equi pment and landscaping structures (e.g., low, retaining walls, borders, etc.). The ZBA may issue a special
exception to authorize other structuresc The special exception shall include a site plan speci fying and limiting allowable structures. If so
ordered by the ZBA, the site plan controls over any other ordinance to the contrary. Ho\vever, the site plan may not specify yards (or
"setbacks '~) di fferen t from those otherwi se required, un less the ZBA finds that the di fferent yards are: (i) necessary for em cient use of the
available space and (ii) compatible \vith nearby sites and their uses. The special exception may allo\v accessory structures without a
pri nei pal bui ldi ng.
Note 3. Special ExcqJtial1s. A 3PGGial ("^CC(JtIOH liu1) ul.!o 5p,,,ir, Mid Ijl~ lit a"",rs SOl ) US,,! and liGCG550l} bl1adiJ ~g~. Accessory Uses and
Structures. Tn the indicated districts, the ZBA may issue a special exception to authorize additional uses and structures, if the ZBA finds
and detenni nes that each additional use and structure is: en accessory to a lawful primary use and (i i) compatib Ie with nearby sites and
their uses. The special exception may include a site plan identifying and limiting such uses and structures~
Note 4. Park. Playground, Etc. In this dislrict the C District, a park, playground or community center may be privately or publicly o\vned.
Note 5. Parking Use in .PDD-SF2. The ZBA may issue a special exception to authorize parking of motor vehicles in connection with nearby
commercial activities, upon approval by the ZBA of the types of vehicles) design of parking facilities (including landscaping, paving,
lighting, fences or walls, signs, etc.) and curb cuts, all of which may be included as site-specific conditions of the special exception~
Not e 6. Light Office Use in PDD-Cl. The only commercial use allowed in PDDMCI 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
pro fession~
Note 7. Garden-style use ill 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.
Note 8. Attached dwellings in PDD-SF3. Any existing attached d\veHings which complied \vith the fonner Schedule PDD~T.H3 (Browning
Townhouse PDD) at the time of their constnlction have PNC status, under and subject to Article 12 of this ordinance. The minimum width
for interior side yards for such dwelling units is zero where there is an existing common wall (or existing continuously-abutting separate
wa lIs) along the property line, in either case with a four-hour fire rating or better. The mi nimum number 0 f parking spaces is hvo per
dwelling unit, and additional guest parking is not required, notwithstanding other provisions of this ordinance or any special exception
issued under this ordinance.
Note 9. School (other). A special exception may authorize this use on sites whollv within the C District or partially within the C District and
parliall V within another district.
[Correlative changes apply to the second page of Table 7 -1.J
Amend definitions in Article 2, as follows:
Chut~ch~ Place of worship~ 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
par.king areas and necessary supporting facilities, but not in.cluding non-worship spaces such as residences,
dormitories, schools, child care facilities or physical fitness facilities~
Commercial use, medium~ Any land .use composed of one or ill.ore of the following: auto-intensive uses,
night assembly uses, schools, GhUICllG.5, theaters, bars, clubs, .physical fitness facilities or health care facilities~
Any use which is part.ially a light commercial use and partially a medium commercial use shall be deemed to be
a medium commercial use for all purposes.
High-density occupancy means the use of a building or structure, or a portion thereof, for any of the
types of gatherings descr.ibed .in Subsection A-I, A-2, A-3, A-4 or A-5, 9303, International Building Code,
2000 Ed~, International Code Council, Inc~, but only if the gathering exceeds any of the following parameters:
(i) at least 100 people four times or more during any 12-month period, (ii) at least 50 people eight times or more
in any 12-month period, or (iii) at least25 people 16 times or more in any 12-montb period.
Night assembly 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 (iii) it is designed for, or aetually occupied by, it involves the gathering of
2(tUl 1110re peeple at a time at least 25 .people four times or more in any 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 10-100, 10-101 and 10~103 as follows:
Section 10-100. Off-Street Parking.
There must be off-street parking spaces for each occtlpied building space within the City) as set out
below, and subject to the other provisions of this ordinance:
Usa or type of space Al in im um lIum her of pa rkillg spaces
SFD use on a building she containing 5~OOO sq. ft. or morc. 2.0 per building site. See, also; A rtide 7.
Other residentj al space.. 2.5 (3.0 in POD. TH 1 ~ PDD~ TH2 an PODw TH5) per D U. See Note 1.
Chuu...1L 03pl..n,,,, \;w....1ud~uo uudav~ ~~J 1.6 fu L .... u-.. 1.. l].... \..o~ ~~u l~ ;..~ L].. V ",U..o ~i.L LL.....d; Lv~ ; ........u .
Community center~ Hbrary~ school, m-plaec of worship, museum 0 r s im iIar 10.0 plus 3.33 per 1,000 square feet of gross floor area in excess of 2,000 square feet.
institution ~, which may include mixed uses and types of space served
by com m on parki n~ spaces (iflc1ud ing aud Horia and any high-density
occupa ncy spaces tha t arc part 0 f the institution)
Hcalth care facility space (not including offices) Greater of 1.5 pcr bed or 1.5 per employee on the maxim urn work shi ft.
Theater or audltorium space or space with any hiJzh-dcnsity occupancy Greater of: (i) 1.0 for each four scats; or (iE) 1.5 per 1,000 square feet of gross noor
(except as inclu~c~ in ~ommunHy center, library) school,~ of area, plus 1.0 for each employee on the maximum shift.
tTI"'1l1 u s eu m or Slm lIar mstltullon) P.I ace. ::1 ,
war 'DIij ~
Office space used to pray ide m ed lea] services 6.0 per 1,000 sq u arc fe ct 0 f gross floor area.
Other office space 4.0 per 1 ~OOO square feet 0 f gross floor area.
Physical fitness facility space 10.0 per 1,000 feet 0 f gross floor area.
S fud 20 3 nd ga Ucry space, bank and financial services space (ex cept space Greater of: (i) 5.0 per] ,000 square fcet of gross floor area; or (il) 3.0 per commercial
used for auto~intcnsivc uses) un it.
S pace wi th autoMintensi vc uses 10.0 per ],000 sq uarc feet 0 f gross floor area.
Retail space used for rental of personal property (except space used for 10.0 per] ,000 square feet of gross floor area.
au tOMintcn sivc use s)
Restaurant space, club, cafe and sim i lar rccrca lion or am uscm en t space Greater of~ (i) 1.0 for each three scats for the general public; or (H) 10.0 per I ~OOO
(except space used for au to-in tcnsi ve uses) square feet 0 f gross no or area +
Grocery store spacc~ j nclud ing neighborhood conven icnce store space 5.0 per I ~OOO square feet of gross floor area.
ather rcta il and personal service space 5.0 per ] 000 sq uarc feet 0 f gross floor area.
Utility service space, research or testing laboratory space, laboratorics~ 1.0 for each three employees on the maxim urn working shift, plus 1.0 space for each
warehouses truck or veh ide used in con nection th ercwith.
Shopping centers 4.0 per 1 ~OOO square feet of gross floor area~ plus spaces requ ired for officct theater,
audi torium and food service space. See Note 2.
AU other types of space and uses 10.0 per ])000 square reet of gross Ooor area used or occupied by people.
Note I.
Griest spaces. There must be guest parking spaces marked and kept always available for com mOil usc~ not reserved for specific persons or classes of persons.
Minimum number of guest spaces: 0.5 per DU (1.0 per DU in PDD-TH I, PDD-TH2 and PDD-THS), rounded up. See Table 7-1 J Note 7 regarding parking
for Hgarden style use" in PDD-TH4. See Articles 7 and lO regarding grouping and other requirements.
Additional spaces for shopping centers: (a) If office space exceeds 10% of the gross floor area of the center, add 3.0 spaces per 1,000 square feet of office
s pace in excess of 10% . (b) If a thcatc r or aud itorlu m occupies 10% or less of the gross floor area of the center) ad d 3.0 spaces for eae h 100 scats in th c
theatcr or auditorium. (c) If a theater or auditorium occupies more than 10% of the center's gross floor area, the scats arc apportioned on a square-foot basis,
so that one portion corresponds to lO% of the gross floor area and the other portion corresponds to space in excess of 10%; for the 1 0% portion~ add 3.0
spaces for cac h 100 sea tSt and for the portion in excess 0 f ] 0%, add 25.0 spaces for each 100 seats. (d) I f there is any food service sp acct add 10.0 spac es per
I ~OOO square feet of gross noor area of food service space.
Note 2.
Section 10-101. Parking Spaces; Basic Counting Rule.
To compute the parking requirements for any particular build.jng, 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 n.ot apply to a community center, library, schooL place ofworship'l museum
or similar institution or to shopping centers; see special rules, above~
***
Section 10-103. Location of parking spaces.
(a) Same Site Rule. All parking spaces required by this ordinan.ce must be located on the same .building
site with the bu.ild.ing space served. Exception: the required spaces may be located up to 300 feet from the
entrance ofa building served (and may be outside the City limits) for: (i) 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, Ol(ii) spaces allowed by this Ordinance to be used jointly for two or more uses or types of
space buildings 01 Gstablishlnen:ts, or (iii) a community center,! library,! school.. place ofworship'J museum or
similar institution with mixed uses and types of space served by common parkin12: spaces.
(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 adjace.nt 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: (i) closer than 10 feet to a street area, exce.pt an alley,
or (ii) farther than 500 feet (driving distance) from a street area.
(c) Certain Joint Use O/Spaces. The ZBA may issue a special exception to allow u.p to 75 percent of
the parking spaces required for any use or type of space building site to be used jointly for another use or tvpe
of space building 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 may be located above grade. The ZBA may issue a
special exception to allow above-grade parking in the C District, if it finds and determines that there would be
no significant adverse effect on property with a single-family (attached or detached) use.
(e) Easements in PDD-Cl. In PDD-CI, parking spaces may not be located in any easement for
underground utilities.
Exhibit B
NOTICE OF PUBLIC HEARINGS
The Zoning & Planning Commission and the City Council of the City of West University
Place, Texas C~City") will hold joint public hearings in the Council Chamber of the
Municipal Building, 3800 University Boulevardt Houston, Texas 77005 during the City
Council meeting set to begin at 6:30 PM on March 28, 2005~ Each hearing may be
recessed and continued to the City Council meeting set to begin at 6:30 p.m. on April
11] 2005, 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 proposed amendments to the
City's Zoning Ordinance, as follows:
[INSERT DESCRIPTION OF ALL PROPOSED AMENDMENTS WITH HEARINGS SET FOR
THIS MEETING]
Uses and Parking.. This amendment wou'd: (1) update and modify provisions for certain uses in
residential areas1 including parksl playgrounds1 community centersl schools, places of worship,
etc.l and confirm that such uses may locate anywhere in the City; (2) define Uhigh-density
occupancyU to include assembly-type gatherings and require a special exception (issued by the
Zoning Board of Adjustmentt or ZBA) for any such occupancy in a single-family (SF) district (3)
im pose additional restrictions on accessory uses and structures ~ (4) provide a special exception
for a non-pu blic school partially with in the C (com mercial) Distrjct and pa rtially with in another
district; (5) modify the definition of Unight assembly use;u (6) modify off-street parking
req u [re men ts fo r hi 9 h -d ens ity occu pa n ci es and in stitu tr 0 n s sue has co m m un i ty ce n te rs T Ii b ra ri es,
schools and praces of worsh i p; (7) modify ru les govern ing shared use of off-street pa rki n 9
spaces; (8) authorize the ZBA to issue a special exception for above-grade parking in the C
District; and (9) update and revise related wording in the Zoning Ordinance.
Additional details on the proposed amendments as well as the Zoning Ordinance are all
available for public inspection in the Municipal Building~ 3800 University Boulevardl
Houston, Texas 77005. The proposed amendments would be generally applicable
within the City, and any person interested in such matters should attend the hearings.
No amendment may be adopted until after notice and hearing, and any amendment
adopted would control over any inconsistent provision in the current Zoning Ordinance~
/s/ Kay HollowaYl City Secretary
Date: