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HomeMy WebLinkAboutOrd 1727 - amend zoning ; regarding driveways Ordinance No. 1727 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DRIVEWAYS, MANEUVERING AREAS, CURB CUTS, ETC.; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission C~Z&PC") of the City of West University Place, Texas ("City") 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 No. 1672, adopted March 12,2001 ("Zoning OrdinanceJ'); and WHEREAS, the Z&PC's report is attached to this ordinance as Exhibit A and made a part of .this ord inance by reference; and WHEREAS, the City Councif 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 111 The City Council hereby cans a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A~ 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 February 24, 2003. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on March 10f 2003 at the same place. 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 proposal shall be as follows: (1) notice as required by this ordinancel" (2) hearing as called 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 shall 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 B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least 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 a regular edition of 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 may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clausef 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 or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such wordt phrase, clausef 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 Council officially findsj determines and declares that sufficient written notice of the datej 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 Code, 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 ratifies, 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 shaH become effective immediately upon adoption and signature~ PASSED, APPROVED AND ADOPTED on Attest! I ecretary Signed: 1 20Q3 Recommended: Reviewed: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 September 12, 2002 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 ("City") relating to driveways and curb cuts 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 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 "clean UpH 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 turnaroundn allowing vehicles to enter the thoroughfare going forward. See the attachment to this report for the exact wording. 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 following members of the Commission approve this preliminary report: Commissioners Pohl, Stewart, Nelson, Boucher, Whitlock and Yehle voted "aye." Commissioner Brown was absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~IB.~ For the Commissio~ Recommended amendments (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: Parking, driveways, etc. Item Off-street parking spaces and oarking area~ Other regulations apply; see, e.g. Article 10 Emergency accessway Driveways and private streets Other regulations apply; see~ e.g~ Article .10. Regulation N umber~ location, size~ design Sfeoial setbacl:s for parking areas General Rule: Every building site, veh icular area and related structure must conform to the applicable regulations shown, by District, in this table. ("N/A~~ means the rule does not appJy.) Exceptions/Special Rules: (1) See special rules noted in table. (3) See Article 9 regard ing Planned Development Districts. (3) See Note 7 regard ing special exceptions. (4) See Article I O. SF-J GR-l c SF*2 SF-3 TH GR~2 Depends on Jand use, layout, etc.~ See this Table, Tahle 7-40 and Article 10 {including admtform! maneuverinf! areas spaee, end design requirements, Hsame site ~J ru/et vards. street areas. loading spacesJ etc.)~ See .A[ ate 7. .:\.11 parkint; ar~cludinb dead end or No required parking space m~ stub driyev13Ys) must be behind tho Gieser thaa 1.9 feet to a street are~ exeept ~aI building or surrouaQe6-.by an alley, or (ii) farther than 500 feet opaque fences or walls at least six feet (efiving distance) from a street areil;-$ee ffi...fieieht. N 0t allowed in front yard. Mb-J4. See ."1 ate 7 and A."":. .f O. See A,~tic!c .J.{) . Grouping or sharing. Not allowed, except in a QMDS platted parking reserve serving two or more DU's. But see Note 2. Use of driveway, ete. 'Neither drj~'cway spaces nor spaces within maReuverint; areas are eouflted tov/ard the minimum RHmbef..ef.parkiflg spaces~ except for SFD us~ Use of parking areas Parking spaces for nonMSFD uses may only be used for motor vehicle parking. See Note 3. .Minimum width See Note I. Minimum width See Note J. 20 ft, via public or private street, to each principal building and each DU (or to an adjacent open area access ible to firefighters and equipment). 'J/idth is for seth unobstructed access path and ~ Other regulations also apply~ e.g~ tire code. For non-SFD residential use: 10 feet, or 17 feet iftwo~way and selVing three or more DU's. Pavem-ent Maximum width See Note 1. Maximum length Route,. location Spacing Required type See Note 4. .Markings; wheel stops. Required type Curb cuts Other regulations applyj~ see~ e.g. Article 10. Number Max. width per 50~ft. segment of street line Visibil ity triangles See definitions in Article 2 Note J. Note 2 Note 3. Note 4. Note 5 Note 6. Note 7. Forbidden structures, plants and other things For SFD use: (il Drivewav serving any single-bav garage: 12 feet. (i i) Driveway in a front vard serving rear garage or side-facing garage: 12 feet. (ii i) Drivewav in side street area of a comer site serving a side-facing ~arage with three or more bavs: 30 feet: (iv) Anv other driveway: 20 feet. ..Q ft. ( front yard dri./e~.Yays v:ith a r~nr gara.;e or sin~Je front gora;c); othclV/ise 20 feo&- For If sewing other residential uses: 24 ft (or 35 feet if connecting to a major thoroughfare). For If seMfl.g any other use: 30 feet (or 35 feet if connecting to a major thoroughfare). For non-SFD uses: 160 feet, driving distance to the nearest street area, measured along centerline from farthest end point. A longer driveway is allowed if there is an approved turnaround or second means of egress~ or if the drive-way is platted as part of the common area in a QMDS. See NeIes-6-antJ..:h Note 6. I N/A For non-SFD uses: There must be at least 40 feet between the ~~insjde~~ apron edges (at their narro\vest points) of driveways sCJving the same building site. For SFD use: Hard-surfaced pavement required for each required parking space; twin uribbonsn of pavement are permitted. For all other uses: Reinforced concrete, with curbs and drains required for all vehicular areas. Exceptions: See Table 7-3 (pcIVious pavement) and Note 4. For nonMSFD uses: Parking spaces must be clearly marked on the pavement, and wheeJ stops are required. See Note 12. For SFD use: Maximum one per subdivided lot abutting the street. For non-SF.D use: .Maximum one per 50-ft. segment of street line. See Note 5. Four feet (for 30rons) plus the maximum driveway width allowed. Each curb cut must be confined to the part of the street area that directly abuts the building site(s) served. See Note 1. The following are forbidden on parts of a building site with in a visibjJ ity triangle: structures:) plants or other things taller than 2.0 .ft. or shorter than 8.0 ft. This does not require removal of trees in existence on July I ~ 1992) if kept pruned. Width measurement methods. Minimum driveway width refers to both unobstructed vehicular access path and oavement. Maximum driveway \vidth refers to maximum \vidth of pavement in a front vard or street area excluding complyiRS parking spaces aTld complying curb cut aprons. Maximum curb cut width refers to the width of the driveway 01 us aOfons. measured at the ed ee of the roadway. Grouped or shared parking. Article 10 also provides for a special exception, in certai n cirCllmstances~ Parking exclusivity (non-SFD uses). Required parking spaces must be kept open, readily accessible and used for parking only, with no sales, dead stomge, display; repair wor~ dismantling or servicing of any kind. Required guest parking spaces must be kept open and reserved for that use only. Pavement. The ZBA may issue a special exception to allow other materials ifit finds that they will provide equal or better durability. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Circular driveways specifically allowed by another ordinance are not prohibited. Route; Alternating .Drivev/ays. Each driveway must connect garage space to the street by the most direct route~ On narrow sites where alternate side yard areas apply (see uYardsu table), the following special restrictions also apply: (A) there must be a driveway located as nearly as practicable to one side of the site; (B) the side is determined in accordance with the established driveway pattern for the block face in question, if there is such a pattern; and (C) if there is no such pattern, and if there is an adjacent driveway on one adjoining building site but not the other, the driveway must be on the side farthest from the adjoining driveway. Exceptions: (i) this paragraph docs not prohibit circular driveways specifically pennitted under another ordinance of the City, and (ii) a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Special &ceptions. The ZBA may issue a special exception for a parking area, garage, or driveway (or other maneuvering area) in another location or with a different design than prescribed by this ordinance, if it finds that: (i) the other location or design \vilJ not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building; 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. Note 8. Curb Cuts in PDD-THl. (i) Ifa building site abuts both Bellaire Boulevard and another stree~ then all vehicular access shall be from the other street, and no more than two curb cuts shall be allowed. Ho\vever, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Additio~ if Lot 6 is included in the same building site or in ajoint development with the other lots, vehicu lar access shall be I imited to one curb cut on Mercer Street. (i i) If a bu i Iding site abuts on ly Bellaire BouJ evard, vehicular access shall be limited to two curb cuts. Note 9. 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 Academy are pennitted. (ii) Ifa building site abuts only Bissonnet, there may be no more than hvo curb cuts~ Note 10. Driveways in P DD... TH7. Cul-de-sac driveways in PDD- TH7 may not exceed SO feet in length, or 200 feet if a terminus is provided with dimensions adequate for turning. Note 11. Curb Cuts in PDD-TH2. (i) Ifa building site abuts both Kirby Drive and another street, there may be one curb cut on .Kirby Drive and on each other abutting street (ii) If a build ing site abuts only Kirby Drive, vehicular access shall be limited to hvo curb cuts. Note 12. Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop counts toward minimum parki ng 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) Parking Spaces.. All parking spaces must be at least nine feet wide and 18 feet lon.g in. order to be counted toward the minimum required number. In addition, the following regulations apply in the indicated circumstances: (1) Ninety-degree angle parking: Maneuvering 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 in 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 angle parking: Each parking space shall be not less than nine feet wide perpendicular to the parking angle and not less than 18 feet in length when measured at right angles to the building or parking lines.. Maneuvering space shall not be less than 15 feet perpendicular to the building or parking lines~ ( 4) Wheelc.hair-accessible parking spaces: Must be installed and maintained with numbers and sizes prescribed by applicable regulations~ (b) Walkways.. A private walkway, ifprovided adjacent to a non-SF building, shall be not less than five feet i.n width and shall be in addition to th.e minimum requirement for parking and maneuvering space h.erein 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 Areas Spaee.. In addition to the foregoing minimum dimensions for parking spaces, there must be such additional mancu',,"ering space and sufficient driveways and other maneuvering areas as may be necessary to allow ordinary, practical use of each parking space, as follows: (1) See Article 7 regarding garage maneuvering area spaee~ m Maneuvering areas may not be counted toward the required number of parking spaces (except on sites with SFD use only). ill Except for those "'t~...hich serve only one or nyo d',,-velling units, Maneuvering areas aaG drivc-o[.~{a)rs must be sized and arranged so that a large vehicle can leave the street driving forward, enter any required parking space driving forward, park in that space, and then re-enter the street area driving forward, all with no more than two stops to change directions~ As used in this section, "large vehicle" means a truck 18 feet long, with a turning radius of 24 feet (outside of bumper). Exceotion: This does not apply to maneuvering areas that serve only one or two dwelling units. (d) Traffic Engineering Handbook. All parking spaces, maneuvering areas, loading areas and other vehicular facilities must comply with the applicable provisions of the 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 the same criteria in the Traffic Engineering Handbook, this Ordinance controls.. (e) Other criteria" See Article 7 for additional criteria, including driveway, parking and garage regulations. Section 1.0-103. Location of parking spaces. (a) Same 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 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, or (ii) spaces allowed by this Ordinance to be used jointly for two or more buildings or establishm.ents.. , (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 maiar thoroughfare ill.ay be located anywhere on the buildin.g site or adiacent 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" except an aIley~ or (ii) farther than 500 feet (driving distance) from a street area; fb11f) Certain Joint Use OfSpaces~ 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 regarding shared or grouped guest parking spaces" W @ Above-Grade Parking. No parking spaces may be located above grade~ (dj ~ Easements in P DD-CI.. In PDD-C 1, parking spaces may not be located in any easement for underground utilities.. Amend definitions in Article 2 as follows: Curb cut means a break in a curb intended to provide driveway access to a roadway.. If there is no curb~ the joint or line separating the roadway from the driveway is deemed to be a "curb cut".. Roadway means that portion of a street area improved~ designed or ordinarily used for vehicular traffic (excluding private driveways).. SF District" This term refers collectively to the SF-l District, the SF-2 District, and the SF-3 District, PDD-SFl and PDD-SF2 and to each of them.. C0902:\54 driveway amendments) Z&PC preliminary report Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas (UCity") will hold a joint public hearing in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 pAmA on ,20_. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , 20_, at the same place. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the CityJs Zoning Ordinance, as follows: Framed Area. This proposal is to amend the definition of ttframed area" in Article 2 of the Zoning Ordinance. The principal purposes are to: (1) count space beneath air-conditioned space (for example, a breezeway beneath a bedroom) as uframed are;n and (2) clarify and tighten the existing definition~ The proposal would not change the percentage of allowable uframed area" in Table 7 -4b~ The percentage would remain 80% in the single-family detached districts (or 100010 in certain higher-density districts). Driveways, Maneuvering Areas, Curb Cuts, Etc. This proposal is to amend Table 7- 5a, Sections 10-102 and 10-103 and Article 2 as follows: (1 ) provide a general Uclean up" of the regulations, including some cross-referencing, definitions and reorganization; (2) allow a 3D-foot-wide driveway for side-facing garages with three or more bays (compared to 20 feet under the current ordinance); (3) add measurement rules for maximum driveway width and maximum curb cut width (Note: driveway maximum widths would be measured in the street area--i.e., the ROW--and in front yards, only. As a result, the maximum widths would not apply elsewhere. Curb cut widths would be measured at the edge of the roadway.); and (4) allow parking pads, stub driveways or other maneuvering areas in residential front yards connected to a major thoroughfare (i.e., Kirby, Bellaire or Bissonnet), to allow vehicles to turn around and enter the thoroughfare going forward. Additional details on the proposals as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed amendments would be generally applicable within the City~ and any person interested in such matters should attend the hearings. The proposals may be adopted only after notice and hearingJ and they would control over any inconsistent provision in the current Zoning Ordinance. Is/ Kay Holloway, City Secretary Date: