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HomeMy WebLinkAboutORD 3047 Calling Joint Public Hearing for March 27, 2023City of West University Place Harris County, Texas Ordinance No. 3047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, CALLING A JOINT PUBLIC HEARING ON MARCH 27, 2023 ON PROPOSALS TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO: THE 3/7 EXCEPTION FOR NARROW LOTS; REQUIREMENTS FOR THE INSTALLATION OF ARTIFICIAL TURF; THE PROCESS FOR APPROVAL OF ADDITIONAL CURB CUTS FOR CERTAIN RESIDENTIAL STREET CONFIGURATIONS; AND FRONT AND SIDE YARD SETBACK REQUIREMENTS FOR BOOK SHARING EXCHANGES; PRESCRIBING PROCEDURES AND NOTICES; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted preliminary reports on proposals to amend the comprehensive zoning ordinance of the City, ("Zoning Ordinance") relating to the 3/7 exception for narrow lots; requirements for the installation of artificial turf; the process for approval of additional curb cuts for certain residential street configurations; and a preliminary report on a proposal to amend the Zoning Ordinance related to the requirements for previous and open areas and pavement materials; and WHEREAS, the Z&PC's preliminary reports are attached to this ordinance as Exhibit "A" and made a part of this ordinance by reference; and WHEREAS, Section 211.007 (d) of the Texas Local Government Code provides that the governing body of a home -rule municipality may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the governing body and the zoning commission; and WHEREAS, the City Council desires to call a joint public hearing on such proposals,- NOW, roposals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. In accordance with Section 211.007 (d) of the Texas Local Government Code, City Council hereby adopts an alternative form of notice to be given of the time and place of the March 27th, 2023 joint public hearings of the City Council and the Z&PC on the proposals described in Exhibit "A". 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 proposals described in Exhibit "A". Section 3. That the legal notice establishing the time and place of the joint public hearings for the proposals described in Exhibit "A" shall be satisfied by the following: 1) by publication of the following notice in the Official Newspaper of the City on two dates, the first date being at least 16 days prior to the date of the public hearing: CITY OF WEST UNIVERSITY PLACE: NOTICE OF JOINT PUBLIC HEARING THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AND ITS PLANNING AND ZONING COMMISSION WILL HOLD A JOINT PUBLIC HEARING ON MARCH 27, 2023 IN THE CITY COUNCIL'S CHAMBERS AT CITY HALL, 3800 UNIVERSITY BOULEVARD, WEST UNIVERSITY PLACE, TEXAS 77005, TO CONSIDER PROPOSED AMENDMENTS AND REVISIONS TO THE CITY'S COMPREHENSIVE ZONING ORDINANCE, RELATING TO: THE 3/7 EXCEPTION FOR NARROW LOTS; REQUIREMENTS FOR THE INSTALLATION OF ARTIFICIAL TURF; THE PROCESS FOR APPROVAL OF ADDITIONAL CURB CUTS FOR CERTAIN RESIDENTIAL STREET CONFIGURATIONS; AND FRONT AND SIDE YARD SETBACK REQUIREMENTS FOR BOOK SHARING EXCHANGES. THE PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE IS AT WWW.WESTUTX.GOV AND ARE AVAILABLE FOR PUBLIC INSPECTION AT WEST UNIVERSITY PLACE CITY HALL. PUBLIC COMMENTS CAN BE MADE IN WRITING TO THE CITY SECRETARY. ALL PERSONS ARE INVITED TO ATTEND AND WILL BE GIVEN THE OPPORTUNITY TO BE HEARD AT THE PUBLIC HEARING; FOR MORE INFORMATION CONTACT THE CITY SECRETARY'S OFFICE, EMAIL TGILLIAMaWESTUTX.GOV; OR PHONE (713-662-5813). ; and 2) by publication of the "DRAFT City of West University Place Zoning Ordinance: February 9, 2023" at least 16 days prior to the date of the public hearing; and 3) by posting of the joint public meeting of the City Council and the Z&PC during which the public hearing will be held in accordance with Texas Government Code Chapter 551. Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 6. Effective Date. This ordinance shall take effect immediately upon passage. PASSED AND APPROVED ON THE FIRST READING, this the 27th day of February, 2023. CITY OF WEST UNIVERSITY PLACE -e EAL) `s \ usan V. Sample Mayor Thelma A. Gilliam City Secretary RECOMMENCED: David J. Beach City Manager REV WED: Scott Boundsf, Olson and Olson, LLP City Attorney Exhibit A City of West University Place Zoning & Planning Commission Preliminary Reports Exhibit A City of West University Place Zoning & Planning Commission Preliminary Reports Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 January 12, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Preliminary report on the current Zoning Ordinance of the City of West University Place, Texas ("City") relating to requirements for the installation of artificial turf. To the Honorable Mayor & Members of City Council: The Zoning and Planning Commission (the "Commission") of the City submits this, its preliminary report, having proposed modifications to the Zoning Ordinance to facilitate the installation of artificial turf in front -yard landscape areas. Existing Ordinance 2rovisions for front -yard landscaping The Zoning Ordinance defines a front yard as the part of a building site included in the required yard (or setback area) measured from the street line or defined by a front building line. Note 7 of Table 7-3: Open & Pervious Areas requires that all pervious areas in a front yard must be natural vegetation or landscape areas that receive rainwater and allow it to pass through or be absorbed. Analysis. The current language of Note 7, Table 7-3: Open & Pervious Areas does not specify whether artificial turf may be used in lieu of natural grass for landscape areas in a front yard. In pursuit of clarifying the City's position on allowing the installation of such artificial turf, an update to the current Zoning Ordinance is required. Recommendation. Based on the review given by the Zoning and Planning Commission regarding the installation of artificial turf, it has been recommended that changes be made to the Zoning Ordinance at this time. This review has concluded that the existing note on pervious area requirements for front yard landscape areas needs further clarifying language. The language shall clarify that artificial turf may be used in lieu of natural vegetation, provided that such artificial turf is of a natural green color consistent with the character of the immediate neighborhood. The Vote. The vote on approval of this report was as follows: Motion to approve the report was made by Wilson. Motion to approve the report was seconded by Fisher. Cutrer, Mazzu, Powell, Fisher, Howard, Takashima, and Wilson voted "aye"i All members were present and there were no abstentions. Respectfully Submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Chair, Zoning and Planning Commission Existing Provisions within the Zoning Ordinance for Front -yard Landscaping in Open & Pervious Areas: Sec. 7-101. - Regulations, tables, etc. - Table 7-3: Open & Pervious Areas Note 7. All pervious areas in a front yard must be natural vegetation or landscape areas that receive rainwater and allow it to pass through or be absorbed. Amended Provisions within the Zoning Ordinance for Front -yard Landscaping in Open & Pervious Areas: Sec. 7-101. - Regulations, tables, etc. - Table 7-3: Open & Pervious Areas Note 7. All pervious areas in a front yard must be natural vegetation or landscaped area that receives rainwater and allows it to pass through or be absorbed. Artificial turf may be used in lieu of grass for landscaped areas, provided it is a natural green color that is consistent with the character of the neighborhood. Final approval of artificial turf shall be subject to the approval of the Administrative Official. Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 February 09, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Preliminary report on the current Zoning Ordinance of the City of West University Place, Texas ("City") relating to requirements for the installation of Book Sharing Exchanges. To the Honorable Mayor & Members of City Council: The Zoning and Planning Commission (the "Commission") of the City submits this, its preliminary report, having proposed modifications to the Zoning Ordinance to facilitate the installation of book sharing exchanges. Existing Ordinance provisions for front yard accessory structures. The Zoning Ordinance defines a front yard as the part of a building site included in the required yard (or setback area) measured from the street line or defined by a front building line. The Zoning Ordinance defines "accessory" as a building, structure, or use that is subordinate and incidental to a lawful principal building and use on the same building site, and which is necessary or convenient for a lawful principal use of such a building. Projection permitted into the required front yard setback for a building site is stipulated by Table 7-6 (the "Projections Schedule"). The Projections Schedule does not currently ponder freestanding accessory structures in the front yard (except for porches, decks, and low retaining walls). As the Projections Schedule does not currently have an equivalent entry that could be interpreted to apply to book sharing exchanges, such items are not currently permitted without amending the Zoning Ordinance. Analysis. The Projections Schedule does not currently permit any front yard accessory structure that could be considered equivalent to book sharing exchanges to project into a required front yard setback. In pursuit of clarifying the City's position on the installation front yard accessory structures such as book share exchanges, an update to the current Zoning Ordinance is required at this time. 1 Recommendation. Based on the review given by the Zoning and Planning Commission regarding the installation of book sharing exchanges, it has been recommended that changes be made to the Zoning Ordinance at this time. This review has concluded that a new entry should be added to the Projections Schedule to permit book sharing exchanges to project into front yard setback areas. The new table entry and accompanying note shall clarify that book sharing exchanges may project into a front yard setback, provided that such structures are not located in the Right -of -Way and are installed in accordance with the minimum guidelines set by the Administrative Official. The Vote. The vote on approval of this report was as follows: Cutrer, Mazzu, Fisher, Howard, and Takashima voted "aye". Powell voted "nay". Richard Wilson was absent and there were no abstentions. Respectfully Submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Chair, Zoning and Planning Commission 2 Existing Provisions within the Zoning Ordinance for Front -yard Projection of Accessory Structures: Sec. 7-101. - Regulations, tables, etc. - Table 7-6. Projections Schedule (Excerpt) Type of Structure Maximum Allowed Projection (In Inches), Measured From The Inside Edge Of The Yard Special Rules For Calculating Open & Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Front Yard Rear Yard Side Yard Sidewalks, patios, Certain Accessory Structures exchan a s) Book sharingntt site) No limit generally, 11 er buildibut see Note 14 p The area counts as open porches/platforms/decks, either open or pervious area. area but not as pervious retaining walls, driveways, area unless the material is parking areas and similar No limit, except that decks completely pervious to Ground level and structures not higherthan six may not project more than No limit No limit No limit water. The area beneath a underground nems inches; all underground 120" deck may count as pervious structures. See also Table area if rain is allowed to 7.3 regarding pervious passthrough the deck. See pavement. Table 7.3 New Provisions within the Zoning Ordinance for Front -yard Projection of Accessory Structures (Book Sharing Exchanges): Sec. 7-101. - Regulations, tables, etc. - Table 7-6. Projections Schedule (Excerpt) Note 14. Book sharing exchange(s). No part of the structure may project into the Ri ht -of - Way. Installation subject to -guidance and final approval by the Adninistrative Official. Sec. 2-102. - Certain terms (excerpt) Book sharing exchange(s). Book sharing exchange means a detached accessory structure usually consisting of an enclosed box sitting on top of a small stand which contains a door and is designed to hold a small number of books that are intended for use by members of the public. Such structures are generally known and referred to as "Little Free Libraries®". 3 Special Rules For Type of Structure Maximum Allowed Projection )In Inches), Measured From The Inside Edge Of The Yard Calculating Open & Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Certain Accessory Structures exchan a s) Book sharingntt site) No limit generally, 11 er buildibut see Note 14 p The area does not count as either open or pervious area. Note 14. Book sharing exchange(s). No part of the structure may project into the Ri ht -of - Way. Installation subject to -guidance and final approval by the Adninistrative Official. Sec. 2-102. - Certain terms (excerpt) Book sharing exchange(s). Book sharing exchange means a detached accessory structure usually consisting of an enclosed box sitting on top of a small stand which contains a door and is designed to hold a small number of books that are intended for use by members of the public. Such structures are generally known and referred to as "Little Free Libraries®". 3 Little Free Library Installation Guidelines: Location: A Little Free Library may only be erected in a front yard and may not be placed in the Right -of -Way. Portability: Must be permanently affixed/anchored or otherwise securely attached to something having a permanent location on the ground. Size (approx.): 18" wide x 18" deep x 30" tall Look: Please be considerate of your neighbors and consider the character of your neighborhood when constructing your Little Free Library. Permit: A permit is required prior to the installation of your Little Free Library. Questions about your Little Free Library installation? Brian Hunt Building Official bhunt@westutx.gov 713-662-5833 Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 February 09, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Preliminary report on the current Zoning Ordinance of the City of West University Place, Texas ("City") relating to Curb Cuts. To the Honorable Mayor & Members of City Council: The Zoning and Planning Commission (the "Commission") of the City submits this, its preliminary report, having proposed modifications to the Zoning Ordinance to clarify the process for approval of additional curb cuts for certain residential street configurations. Existing Ordinance provisions for curb cuts. Current regulations for curb cuts are located within Chapter 70 of the Code of Ordinances (Sec. 70-27. - Curb cuts and driveways; concrete.) and Article 7 of the Zoning Ordinance (Sec. 7-101. - Regulations, tables, etc., Table 7-5a: Parking, driveways, etc.). Sec. 70-27 establishes a general rule for curb cuts which states that only one curb cut and only one driveway is allowed along the front street line of any building site less than sixty feet in width. Additionally, Sec. 70-27 provides requirements for when two or more curb cuts are desired for a single building site. Table 7-5a of the Zoning Ordinance provides regulations for the use and design of vehicular areas and provides requirements for the number and maximum width of curb cuts on a building site. The curb cut line item within Table 7-5a has an accompanying note (Note 5) which authorizes the Zoning Board of Adjustment (the "Board") to issue a special exception for additional curb cuts and permits the Administrative Official to authorize additional curb cuts for a corner site, when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances. 1 Analysis. In pursuit of clarifying the approval process for additional curb cuts, the Commission has proposed modifications to the Zoning Ordinance at this time. The proposed modifications clarify the existing requirements within Article 7 of the Zoning Ordinance and sets specific requirements for a variety of residential street configurations to be eligible for additional curb cuts. Principally, Note 5 of Table 7-5a was amended to specifically regulate the eligibility requirements for constructing a circular driveway and to regulate when additional curb cuts are authorized for corner lots, through lots, and busy streets (Bissonnet Street, Buffalo Speedway, West Holcombe Boulevard, Bellaire Boulevard, and Kirby Drive) . These proposed updates will not affect the Zoning Board of Adjustment's authority to issue a special exception for additional curb cuts in a different design or location than prescribed by this ordinance. Recommendation. Based on the review given by the Commission regarding curb cuts on certain residential street configurations, it has been recommended that changes be made to the Zoning Ordinance at this time. This review concluded that the existing provisions within the Code of Ordinances need to be updated to clarify the process of approval for additional curb cuts in certain street configurations. The Vote. The vote on approval of this report was as follows: Cutrer, Mazzu, Powell, Fisher, Howard, and Takashima voted "aye". Richard Wilson was absent and there were no abstentions. Respectfully Submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Chair, Zoning and Planning Commission 2 Existing Provisions within the Code of Ordinances for Curb Cuts: Sec. 70-27. - Curb cuts and driveways; concrete. a) Curb cuts, etc. Only one curb cut and only one driveway is allowed along the front street line of any building site less than 60 feet wide, measured along the front street line. b) Two or more curb cuts. If there are two or more connected curb cuts or driveways on a building site (for example, when there is a circular driveway), the following apply: 1) At the front street line, no part of a curb cut or driveway may be closer than two feet to a side property line. In the street area, no part of the curb cut or driveway may cross the imaginary extension of a side property line, unless the affected neighboring owner consents in writing. The building official may make exceptions to these rules when there is no practical alternative or when necessary to prevent harm to a tree. 2) Measured along the edge of the main traveled roadway: a. The opening width of the driveway and curb cut shall be as specified in table 7-5(a) in appendix A of the City Code of Ordinances of the City of West University Place: b. The inside edges must be at least 24 feet apart; c. The width of the "island" area may be covered with hard surfaced material if installing a new or replacing an existing public sidewalk; and d. The curb cuts must be located along the front street line. 3) No driveway may be wider than what is allowed or specified in table 7-5a in appendix A of the Code of Ordinances. 4) Within the street area, the edges of each driveway must be perpendicular to the edge of the main traveled roadway. c) "Open ditch" areas, culverts. If a driveway is connected to a roadway where there is no curb and gutter, there must be a concrete culvert beneath the driveway. The inside diameter of the culvert must be at least 12 inches, and the length must be at least 14 feet. The public works director may eliminate or modify the culvert requirement at a specific location, but only to the extent the specified culvert is not necessary for adequate area drainage. d) Reinforcement. All concrete used in constructing driveways shall be reinforced by using, at a minimum, one of the following: 1) #3 deformed steel reinforcing bars spaced 12 inches or closer; or 2) #4 deformed steel reinforcing bars spaced 16 inches or closer. Sidewalks outside driveway areas may be reinforced by one of these methods or by 6x6x6 wire mesh, at a minimum. e) Certain temporary driveway permits. The director is authorized to issue permits for temporary driveway access to a site, if primary access to the site is interrupted by construction or another temporary condition. In addition to the requirements of section 8-104 of the zoning ordinance, appended in this Code, such a permit must require: 1) Barricading or removal of any temporary driveway on a residential street within 24 hours following resumption of primary access to the site; and 2) Restoration of each area affected by temporary driveway access to its pre-existing condition, within 14 days following resumption of primary access to the site. Such a permit may also contain additional restrictions and conditions designed to reduce impacts on street areas, utilities, nearby land uses or traffic. 3 Sec. 7-101. - Regulations, tables, etc. - Table 7-5a: Parking, driveways, etc. - Note 5. Curb cuts. Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Exception: The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances. These additional curb cuts are not prohibited and do not require a special exception. 4 Amended Provisions within the Code of Ordinances for Curb Cuts: Sec. 70-27. - Curb cuts and driveways; concrete. a) Curb cuts, etc. Only one curb cut and only one driveway is allowed along the front street line of any building site less than 60 feet wide, ffieasaEed aleRg the- reset -reed line unless permitted by Section 7 of the Zoning Ordinance. b) Alignment. iEde er- me±e-e&:Fb eu `cam—if theice are-twe er- nei—e eenneeted-eCC'tA r driveway) , tie-ffll , , -r � apply! / n -1 ' than tae feet to a sidepreperty line. In the street areas -eco-paft of the euEb-eat er df4:vewaymay eress the Ufaginafy-eiitensien of a side r - -r -- -1fepeTr , line,unless --the -a€feeted--neighbeElnereeesents—in wi-4'ing. fie pEaetieal alternative er when neeessary te- prevent-hafrf-tem-free. a. The-epening width e€ the driveway and euEb eet shall i9e as speelfi&d in -table -7-15(a) in append4:it A e€- the Gity Ge4e of 6r-dina-nees ef4che b. The -inside -edges -ffedst be-aleast -24 fee t; FRaterial if installing a new er- r-eplaeing an existing publie sidewalk; and d. The-earb eats mast -be-leeated-a-leng the -€ren-street line. 44 -Within the street area, the edges of each driveway must be perpendicular to the edge of the main traveled roadway. c) "Open ditch" areas, culverts. If a driveway is connected to a roadway where there is no curb and gutter, there must be a concrete culvert beneath the driveway. The inside diameter of the culvert must be at least 12 inches, and the length must be at least 14 feet. The public works director may eliminate or modify the culvert requirement at a specific location, but only to the extent the specified culvert is not necessary for adequate area drainage. d) Reinforcement. All concrete used in constructing driveways shall be reinforced by using, at a minimum, one of the following: 1) #3 deformed steel reinforcing bars spaced 12 inches or closer; or 2) #4 deformed steel reinforcing bars spaced 16 inches or closer. Sidewalks outside driveway areas may be reinforced by one of these methods or by 6x6x6 wire mesh, at a minimum. e) Certain temporary driveway permits. The director is authorized to issue permits for temporary driveway access to a site, if primary access to the site is interrupted by construction or another temporary condition. In addition to the requirements of section 8-104 of the zoning ordinance, appended in this Code, such a permit must require: 1) Barricading or removal of any temporary driveway on a residential street within 24 hours following resumption of primary access to the site; and 2) Restoration of each area affected by temporary driveway access to its pre-existing condition, within 14 days following resumption of primary access to the site. Such a permit may also contain additional restrictions and conditions designed to reduce impacts on street areas, utilities, nearby land uses or traffic. 5 Sec. 7-101. - Regulations, tables, etc. - Table 7-5a: Parking, driveways, etc. - Note 5. Curb cuts. Note 5. Curb cuts. 'the-ZBA may -issue-a speeial eifeeptien-€er-add€lienal eery eiEeert, enr a) Circular driveways. If a SFD building site has 60 feet or greater frontage measured along the front street line, then two curb cuts for a circular driveway are permitted if: 1) Both curb cuts are on the same street and located along the front street line; 2) At the front street line, no part of the curb cuts or driveways are closer than two feet to a side property line; 3) In the street area, no part of the curb cuts or driveways cross the imaginary extension of a side property line, unless the affected neighboring owner consents in writing; 4) Measured along the edge of the main traveled roadway, the inside edges of the curb cuts and driveways at the property line are at least 24 feet apart; 5) Within the street area, the edges of each driveway are perpendicular to the edge of the main traveled roadway and; 6) The proposed driveways are no wider than what is allowed or specified in table 7-5a in appendix A of the Code of Ordinances. b) Corner lots. Regardless of street frontage, corner lots shall be expressl prohibited from constructing a driveway which connects two intersectio streets (i.e., cutting the corner). If a SFD building site is 60 feet or greater in width and meets the requirements for a circular driveway as specified in Table 7-5a, Note 5(a)(1-6), corner lots shall be permitted up to two curb cuts along the front street line, but in no case may exceed a total of three per building site (i.e., two curb cuts for a circular driveway along the front street line and one curb cut for a straight driveway on the side street that services a functioning garage utilized for the off-street parking of motor vehicles) if: 1) The additional curb cut(s) will not cause the building site to exceed a total of two curb cuts along the front street line; 2) Each curb cut is at least 15 feet from the intersection of the street rights-of-way and; 3) The proposed driveway will not cause the building site to exceed the maximum impervious coverage requirement stipulated in Table 7-3: Open & Pervious Areas. c) Through lots. Through lots shall be permitted one additional curb cut per abutting street not serving as the primary entrance to the residence. The additional curb cut(s) must service a functioning garage utilized for the off-street parking of motor vehicles. d) Busy streets. Bissonnet Street, Buffalo Speedway, West Holcombe Boulevard, Bellaire Boulevard, and Kirby Drive shall be permitted one additional curb cut for a circular driveway if the building site is 50 feet or greater in width. e) The ZBA may issue a special exception for additional curb cuts in a different design or location than prescribed by this ordinance. 6 Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 January 27, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Preliminary report on the current Zoning Ordinance of the City of West University Place, Texas ("City") relating to the 3/7 Exception for Narrow Lots. To the Honorable Mayor & Members of City Council: The Zoning and Planning Commission (the "Commission") of the City submits this, its preliminary report, having proposed modifications to the Zoning Ordinance for the 3/7 Exception which applies to narrow lots. Existing Ordinance provisions for the 3/7 Exception. The Zoning Ordinance defines side yards as the part of a building site included in the required yard (or setback area) measured from any side property line. For SF building sites located in the SF -1, SF -2, or SF -3 zoning districts, the Zoning Ordinance requires interior side yards and street side yards are to be the greater of 10% of the building site width or 5 feet. For narrow lots (lots measuring less than 55 feet in width), the 3/7 Exception may be applied, which permits such building sites to designate alternate side setback areas in a form approved by the administrative official and meeting certain criteria enumerated in Note 2, Table 7-2: Yards (or `setbacks'). Analysis. In pursuit of investigating the merits of the continued existence of the narrow site "3/7" exception, the Commission has proposed modifications to the Zoning Ordinance at this time. The proposed modifications add greater clarity to the existing exception verbiage and add further requirements for building sites to be eligible for the exception. Principally, an additional restriction was added to the exception requiring proposed garages to be located in the rear yard, as this was determined to be the rationale of the Commission when the exception was originally created. To offset this additional restriction, a special exception process was created for building sites desiring alternate side setback areas while locating a garage outside the rear yard. Recommendation. Based on the review given by the Commission regarding the 3/7 Exception, it has been recommended that changes be made to the Zoning Ordinance at this time. This review concluded that the narrow site "3/7" exception continues to provide a beneficial utility to the City, but existing provisions in the Zoning Ordinance need to be updated to ensure that the verbiage of the exception is in line with the intent of the Commission. The Vote. The vote on approval of this report was as follows: Motion to approve the report was made by Fisher. Motion to approve the report was seconded by Wilson. Cutrer, Mazzu, Powell, Fisher, Howard, Takashima, and Wilson voted "aye". All members were present and there were no abstentions. Respectfully Submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Q—Q�� Chair, Zoning and Planning Commission Existing Provisions within the Zoning Ordinance for the 3/7 Exception Sec. 7-101. - Regulations, tables, etc. - Table 7-2: Yards (or `setbacks') Note 2. Narrow Site "3/7" Exception. Alternate side yard areas apply to a building site meeting all four of the following criteria: (A) The building site is less than 55 feet wide. (B) The use is single-family (detached) use. (C) Outside the rear yard, no main wall surface of any building is closer than 10 feet to any main wall surface of a "prior building" on another building site (unless there are "prior buildings" on both sides, each within seven feet of the property line, in which case the minimum separation from a "prior building" is eight feet). A "prior building" is a building in existence, under construction or covered by a current building permit when a building permit is issued for the subsequent building. (D) The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria: (1) Minimum setback, interior: 3 feet. (2) Minimum setback, street side: 5 feet. (3) Minimum setbacks, both sides combined: greater of 10 feet or 20% of the building site width. (4) On each side, the setback is uniform in width along its entire length. See Table 7-5a regarding "alternating driveway" rule. Amended Provisions within the Zoning Ordinance for the 3/7 Exception Sec. 7-101. - Regulations, tables, etc. - Table 7-2: Yards (or `setbacks') Note 2. Narrow Site "3/7" Exception. Alternate side yard areas apply to a building site meeting all five of the following criteria: A. The building site is less than 55 feet in width and no more than 6,000 square feet in area. B.The use is single-family (detached) use. C.Outside the rear yard, no main wall surface of any building is closer than 10 feet to any main wall surface of a `prior building' on an adjacent building site. A `prior building' is a principal building in existence, under construction or covered by a current building permit when a building permit is issued for a subsequent building. A `subsequent building' is a principal building that was permitted for construction after an adjacent prior building was permitted, and that is located on a building site that has a common side property line with the adjacent prior building. 1) Exception: If there are prior buildings on both sides of a subsequent building, each within 7 feet of the common side property lines, the minimum separation between main wall surfaces is 8 feet. D. The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria: 1) Minimum setback, interior: 3 feet. 2) Minimum setback, street side: 5 feet. 3) Minimum setbacks, both sides combined: greater of 10 feet or 200 of the building site width. 4 ) On each side, the setback is uniform in width along its entire length. See Table 7-5a regarding "alternating driveway" rule. E. The proposed garage shall be located in the rear yard. The ZBA may issue or modify a special exception to locate the proposed garage outside the rear yard if all the following criteria are met. The special exception criteria conferred by Section 11-102(b) shall not be utilized when determining whether this special exception should be granted. The scope of the decision shall be limited to criteria enumerated below: 1) Locating the proposed garage outside the rear yard will not unduly alter the character of the immediate neighborhood; 2) The location will not restrict access to the principal or neighboring properties for fire or life rescue; 3) The proposed special exception will not cause any significant increase in on -street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service; 4) A Protected Tree(s) that would otherwise be removed due to a garage being constructed in the rear yard would be preserved; and 5) The submission of a Tree Disposition Plan and Tree Survey approved by the City's Urban Forester.