HomeMy WebLinkAboutOrd 1734 - amend zoning ; regarding driveways
City of West University Place
Harris County, Texas
Ordinance No. 1734
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS REGARDING DRIVEWAYS,
CURB CUTS, ETC.; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
WHEREASf the City Council and the Zoning & Planning Commission (UZ&PCn) of
the City of West University Place, Texas C~Cityn) 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. 1672f adopted March 12f 2001 (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 it; 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
OrdinanceJ have been duly given, held and followed, 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 set out in the attachment to the final report of the Zoning &
Planning Commission (attached as Exhibit A).
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repealed to the extent of the conflict only~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,
clausef 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. pL
PASSED AND APPROVED on first reading on .. ~, ,30a3 ~
Councilmembers Voting Aye: ~
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED on second reading on ~ /;/ I ~s.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent
Att~~~~igned'
Ci Y ecretary (Seal) Mayor
Reviewed: ~~
City Attorney
Recommended: ~~
' Cit anager
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
March 13, 2003
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 ("CityH) regarding driveways, curb cuts,
etc.
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 Table 7-5a,
Sections 10-102 and 10-103 and the definitions in Article 2 to
amend various driveway and curb cut regulations, as follows:
. There is a general nclean up" of the regulations, including
some cross-referencing, definitions and reorganization~
. The current ordinance limits the width of residential
driveways to 20 feet. The proposal would allow a 30-foot-
wide driveway for side-facing garages with three or more
bays..
. The proposal would add measurement rules for maximum
driveway width and maximum curb cut width. Driveway maximum
widths would be measured in the street area (i.e.., the ROW)
and in the front yards, only. As a result, the maximum
width rules would not apply elsewhere. Curb cut widths
would be measured at the edge of the roadway.
. The current ordinance does not allow parking pads, stub
driveways or other maneuvering areas in residential front
yards. For" maneuvering areas connected to a major
thoroughfare (i.e., Kirby, Bellaire or Bissonnet), the
proposal would allow such maneuvering areas "to the extent
reasonably necessary to provide a turnaroundH allowing
vehicles to enter the thoroughfare going forward.
. See the attachment to this report for the exact wording.
Proceedinqs. Pursuant to public notices! the Zoning &
Planning Commission and the City Council held a joint public
hearing in the Council Chamber of the Municipal Building. The
hearing provided an opportunity for parties in interest and
citizens to be heard in relation to the proposal. City staff
provided input to the Commission. The Commission has reviewed
the Comprehensive Plan. The Commission has considered all of
this information, and now recommends the proposal, as amended and
attached 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 (iv)
recommends that the City Council adopt them.
The Vote. The vote on approval of this report was as
foIl ow s: Commi s s i one r s Wh j-t'ocJ4.R,~j)5tetAtrt}YehIeJfutbJ) voted "a ye ; II no
"noes;" Commissioners NelSOnl ffiUGt\€..( absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: .&re.
-FO~ tUe :ommission
(Z&PC preliminary report)
relating to driveways, other maneuvering areas,
curb cuts, etc.,
9-1 0-02
Amend Table 7-5a as follows:
Table 7-5a: General Rut e: Every bu ildi ng site, vehicular area and related structure must conform to the
applicable regulations sho\vn, by District, in tn is table. ("N/ A~~ means the rule does not apply.)
Parking, driveways, etc. Exceptions/Special Rules: (1) See special rules noted in table. (3) See Article 9 regarding Planned
Development Districts. (3) See Note 7 regarding special exceptions. (4) See Article 10.
Item Regulation
Off-street parking spaces NUmber~ location, Depends on land usej layout~ etc.. See this Table, Table 7-4a and Article J 0 (including 1.4.:4;~\.vm.~1
and parkinJ!: areas size~ design maneuveri/lf! areas -sprtt:t!~ rmtI design requirements, ~jsame site n rulej yards. street areas. loading
spaces, etc.). S, (~\~v((., 7.
Other regulations appjy~' Sp,-,-....~",l ~......tLu-....k,;) NJ All ptl.l kiH5 u.L ""w,,;) {~u""l ud.~uo J.....uQ vud 1; v H..~o.p.<l: L (..d }J~:u k~ ~15 .1.pu(..(. l u~) b". (i) S~~
J I, ..r;~lt~
see~ e.g. Article 10 flUl kIu(; ti~ ,t1J VI ,;)tub dl I ~ '"~~ ~)~) L~Jt1Jt t, b"h;nd tL, "lo3'~ ttan 10 fca to fi Jti oct ui ~, Gxocpt +8.
pI jn",,~ p"l b ul1dlU5 01 .:Hlu u GltJvJ b) mt uU,,), (h (; i) fu~ tL '-J tl u~l~ 580 R.a
OpllqtlG f\...W....V.:> VI H w,lb ull....uo:Il .:>:'" f'-'....t (driyj n~ ElistaRe e) WGJB n street area. s;;~
i~~ hdght. }JoL~llth,Gd in ft6Ut )ald. :+rt:-J-l*
St.e. l{vt'i:. '7 U.1~a:..1, t. .} 6.
Grouping or sharing. Not allowed, except in a QMDS platted parking reserve serving t\vo or more DU's. But see Note 2.
U'J~ of dL h"na)~ (,t,-. l' J clth.~, d~ j ...(. ~'r u)' ,;) p"'-""-""';)' HUI 0:1 pw,\.o""':> H ~ tlL~U IUUU-....U. 'r vI :us Ut W,;) ,u v ",v~ut(..d tv vHJ,.I. d 1t L(... II~iu;lt:'lUu
... r~ COr'''
U....U,LV....~ '-"L ~ ......",........... lV~ ....~ ~ ~.~....
Use of parking areas Parking spaces for non-SFD uses may only be used for motor vehicle parking. See Note 3.
Emergency accessway Minimum \vidth 20 ft, via public or private street, to each principal building and each DU (or to an adjacent open
See Note 1. area accessible to firefighters and equipment). V{idth i.J fol both tlllobJa tlGtGd llGGGJJ. ptlth find
po.< .....~.u"'u~. Other regulations also apply, e.g, fire code.
Driveways and pri vate Min i mum width Par non-SFD residential use: 1 0 feet~ or 17 feet if two~\vay and serving three or more DU~s.
streets See Note 1.
Other regulations apply~. Maximum width For SFD use: (i) Drivewav serving any single-bay garage: 12 feet. (ii) Drivewav in a front yard
see~ e.g. Art icl e 10. See Note 1. servine rear f!aral!C or sidc~facinJ! 2aral!C: 12 feet. (Hi) Drivewav in side street area of a corner sih:
serving a side-facim! garage with three or more bavs~ 30 feet: (iv) Any other drivewav~ 20 feet. fl
R. { C o,(~t )iud Jj ~ (, ntt) J n ith a lG~'U S-fil fig'- 01 Jins.k fi oat SlU.~b\.o)} oth~l .t"ijG 20 fCGt. For ft~
~ other residential uses: 24 ft. (or 35 feet if connecting to a major thoroughfare). For H~
~ any other use: 30 feet (or 35 feet if connecting to a olajor thoroughfare).
Maximum length For non~SFD uses: 160 feet, driving distance to the nearest street area, Ineasured along centerline
from farthest end point. A longer dri veway is allowed if there is an approved rnrnaround or second
means of egress~ or if the dri ve-\vay is platted as part of the common area in a QMDS.
Route, location See jV ot 1,-.;1 S ~~, ~~J ;.~ N/A
Spacing For non-SFD uses: There must be at least 40 feet between the '~il1side" apron edges (at their
narrowest points) of dJiveways serving the same building site.
Pavement Required type For SFD use: Hard-surfaced pavement required for each required parking space; hvin "ribbons" of
See Note 4. pavement are permitted. For all other uses: Reinforced concrcte~ with curbs and drains required
for .all vehicular areas. Exceptions: See Table 7-3 (pelvious pavement) and Note 4.
Markings; wheel stops. Requ ired type For nonwSFD uscs: Parking spaces must be clearly marked on the pavement, and wheel stops are
required. See Note J 2.
Curb cuts Number For S FO use: Maxilnmn one per su bd ivided lot a butting the street. F or non wS FD use: Maximum
Other regula tions apply~. one per 50-ft. sCglnent of street line. See Note 5.
see. e.g. Article 10. Max. width per SOwft. F our feet (for aprons) plus th e maximu m driveway wid th allo\ved. Each curb eu t must be confi ned
segment of street line to the part of the street area that directly abuts the building sitc:(s) served. See Note I.
Visi bi 1 ity triangles Forbi dden structures, The following are forbjdden on parts of a building site within a visibility triangle: structures} plant.
See definitions in plants and ot her or other things tall er than 2.0 ft or shorter tha n 8.0 ft. This docs not rcqu ire rcnloval of trees in
..1 rl j,..ln , th inO-l;;: poV t"'-tl"n...."" nn rn h.. 1 1 00') if vpnt nnln M
Note .I.
Note 2
Note 3.
Note 4.
Note 5
Note 6.
Note 7.
Note 8.
Note 9.
Note /0.
Note 11.
Note 12.
Width llleaSUrelllenl 1llethods. Minimum drive\vav width refers to both unobstnlcted vehicular access oath and
oavement. Maximum driveway \vidth refers to luaxirTIum \vidth ofpavctncnt in a front yard or street area~ excluding
(:ol1.1plyillg parking SpJ(.(3 ilJ.ld complying curb cut aprons. Maximum curb cut \vidth refers to the width of the
driveway plus aprons~ measured at the edge of tile road\vav.
GJvuped or shared parking. Article 10 also provides for a special exception, in certain circumstances.
Parking exclusivity (noll-SFD uses). Required parking spaces must be kept open; readily accessible and used for
parking only ~ with no sales, dead storage, display, repair \vork, disrnantling or servicing of any kind. Required guest
parking spaces must be kept open and reserved for that use only.
PaVeJ1lent. The ZBA may issue a special exception to allow other materials if it finds that they win provide equal or
better durabi li ty.
Curb cuts. The ZBA may issue a special exception for additional curb cuts. Circular driveways specifically allo,ved by
another ordinance are not prohibited.
Route; Altenlating Drive\vays. Each driveway must connect garage space to the street by the most direct route. On
narro\v sites where alternate side yard areas apply (see t1Yards" table), the following special restrictions also apply: (A)
there Inust be a driveway located as nearly as practicable to one side of the site; (B) the side is determined in
accordance with the estab 1 i shed driveway pattern for the block face in question, if there is such a pattern; and (C) if
there is no s1.Ich pattern, and if there is an ad j acen t driveway on one adj oining bui lding site but not the other, the
driveway must be on tl1e side fart1lest from the adjoining drivc\VaY. .Exceptions: (i) this paragraph does not prohibit
circular driveways specifically permitted under another ordinance of the City, and (ii) a drive,vay may be curved or
moved a\va y from the most direct route to the exten t reasonab ly necessary to avoi d dcstro ying or serio usly inj ur iog a
tree.
Special Exceptions. TIle ZBA Inay issue a special exception for a parking area, garage~ or driveway (or other
lnaneuvedng area) in another localion or with a different design than prescribed by this ordinance, if it finds that: (i)
the other location or design will not unreasonably interfere with available light and air and will not significantly alter
access for fire-lighting and similar needs; (iO the other location or design will prevent the destruction or a qualified
tree; (iii) in the case of the remodeling of a principal bui lding, the location requested is the same location as an existing
parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations.
Curb Cuts in PD D- TH 1. (i) If a building site abuts both Be Haire Boulevard and another street, then all vehicul aT access
shall be fro m th e other street~ and no more than two curb cuts shal 1 be al Jowed. However, in the case 0 f the
development of Lots 6, 7, 8, 9 and the east ten feet ofLat 10, Block 1, Kent Place Addition, if Lot 6 is included in the
same building site or in a joint development \vith the other lots; vehicular access shall be limited to one curb cut on
Mercer Street. (Ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to hvo curb cuts.
Curb Cuts in PDD-TH5. (i) If a building site abuts both Academy and Bissonnet, no curb cuts on Bissonnet and no
more than two curb cuts on Acadelny are permitted. Oi) If a building site abuts only Bissonnet, there may be no more
than two curb cuts.
Driveways in PDD-TH7. Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in length, or 200 fect if a
tenninus is provided with dimensions adequate for turning.
Curb Cuts in PDD-TH2. (i) Ifa building site abuts both Kirby Drive and another street, there may be one curb cut on
Ki rby Dri ve and on each other abu Uing street (i i) If a building site abu ts only Kirby Dri ve, vehicu lar access shall be
1 im i ted to two curb cuts.
Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop counts to\vard minimUln
parking space dimensions if actually usable as "overhang" and not needed for maneuvering area.
[Note.- Amend the second page of Table 7-5a in the same manner.]
Amend Sections 10-102 and 10-103 as follows:
Section 10-102. Minimum Dimensions; Design.
(a) Parlcing Spaces~ All parking spaces must be at least nine feet wide and 18 feet long
in. order to be counted toward the minimuln required number~ In addition, the following
regulations apply in the indicated circumstances:
(1) Ninety-degree angle parking: Maneu.vering space shall be not less than 23
feet in length or breadth.
(2) Sixty-degree angle parking: Each parking space shall be not less than nine
feet wide perpendicular to the parking angle and not less than 18 feet ill
length when measured at right angles to the building or parking line.
Maneuvering space shall be not less than 18 feet perpendicular to the
building or parking lines.
(3) Forty-five-degree allgle parking: Each parking space shall be not less than
nine feet wide perpendicular to the parlcing angle and not less than 18 feet
in length when measured at right angles to the building or par'king lines.
Maneuvering space shall not be less than 15 feet perpendicular to the
building or parkin,g lines~
(4) Wlleelchair-accessible parking spaces: Must be installed and maintained
witll numbers and sizes prescribed by applicable regulations~
(b) Walkways. A private walkway, if provided adjacent to a non-SF building, shall be
not less than five feet in widtll and shall be in addition to the minimu.m requirement for parking
and maneuvering space herein required.. In a QMDS, there must be a paved walkway (at least 3.0
ft wide) to the curb from each main entrance oriented toward a street area.
( c) Additional Maneuvering A,reas 8pttee. In addition to the foIGgoin~ minimum
dimensions for parkin!f spaces, there must be SUGh additionallllancuvclillg space and sufficient
driveways and other maneuvering areas as nla} be. necessary to allow ordinary, practical use of
each parking space, as follows:
(1) See Article 7 regarding garage maneuvering area space.
ill Maneu.vering areas may not 'be counted toward the required number of
parking spaces (except on sites with SFD use only).
ill TIXc.Gp t fro those t.v 111 ell sel v (.. anI y 011G 01 t ~ 0 d ~ clling urn ts,
Maneuvering areas and dli vG ways must be sized. and arranged so that a
large vehicle can leave the street driving fOlWard, enter any required
parking space driving forward, park in that space, and then fe-enter the
street area driving forward, all Witll no more than two stops to cllange
directions. As used in this section, "large vehicle" means a truck 18 feet
long, with a turning radius of 24 feet (outside of bumper). Excevtion:
This does not apply to maneuvering: areas that serve only one or two
dwelling un.its.
(d) Traffic Engineering Handbook. All parking spaces, maneuvering areas, loading areas
and other vellicular facilities m'ust comply with the applicable provisions of tJle Traffic
Engineering Handbook, 5th Ed~ (1999), including, in particular, Chapter 14~ Where multiple
standards are provided, the highest standard shall apply. Example: '(Parking Class A" standards
in Table 14-6 would apply. Where this Ordinance provides specific numerical criteria different
from tb.e same criteria in the Traffic Engineering Handbook, this Ordinance controls~
(e) Other criteria~ See Article 7 for addition.al criteria, including driveway, parking and
garage regulations.
Section 10-103. Location of parking spaces.
(a) San1e Site Rule. All 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 from the entrance of a bu.ilding served (and may be outside the City limits) for; (i)
parking for building sites not used primarily for residential purposes w:here an increase in the
number of spaces is required by a change or enlargement of use, or (ii) spaces allowed by this
Ordinance to be used jointly for two or more buildings or establishments.
(b) Yards and Street Areas. In an SF District all.parkin.g 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 heigJlt.. and all such areas are prohibited in front yards~
Exce~Dtion.~ Maneu.vering areas connected only to a major th.oroughfare may.be located anywhere
on the building site or ad.iacent street area.. to the extent reasonably necessary to provide a
turnaround allowing vellicles to leave and enter tbe roadway ~oinQ: forward. In a .llon.-SF District
no required .parking space may be: (i) closer than 10 feet to a street area.. except an alley~ or (ii)
farther than 500 feet (driving distan.ce) from a street area~
W W) Certain Joint Use Of Spaces. The ZBA may issue a special exception to allow .up
to 75 percent of the parking spaces required for any building site to be used jointly for another
building site, if the ZBA finds that .no increase in on-street parking is likely to result See Table
7-5a 1 Ggalding Sll,ucd or gIOuf)c.d gu.cst parkillg 5paG('S~
teJ @ Above-Grade Parking. No parking spaces may be located above grade~
fd7 WEasenlents in PDD-Cl~ In PDD-Cl, parking spaces may not be located in any
easement for und.erground utilities~
Amend definitions
in Article 2
as follows:
Curb cut m.eans a break in a curb intellded to provide driveway access to a roadway~ If
there is no curb.. the ioint or line separating the roadway from the driveway .is deemed to be a
'~curb cut".
Roadwav m.eans that portion. of a street area improved~ design.ed or ordinarily used for
vehicular traffic (exclu.din.g private driveways).
SF District. This term refers collectively to the SF-l District, the SF-2 District, and the
SF-3 District, PDD-SFI an.d PDD-SF2 and to each ofthem~