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HomeMy WebLinkAboutORD 3051 Amending Appendix A, Zoning OrdinanceCity of West University Place Harris County, Texas ORDINANCE NO. 3051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AMENDING APPENDIX A, ZONING ORDINANCE, ARTICLE 2, DEFINITIONS AND INTERPRETATIONS, AND ARTICLE 7, DISTRICT -SPECIFIC REGULATIONS, TO PERMIT AN EXCEPTION TO THE SIDE -YARD LINES FOR CERTAIN NARROW LOTS (SECTION 7-101, TABLE 7-2, NOTE 2) IN RESIDENTIAL DISTRICTS; TO ALLOW ARTIFICIAL TURF (SECTION 7-101, TABLE 7- 39 NOTE 7); TO MODIFY REGULATION OF CURB CUTS FOR RESIDENTIAL BUILDING SITES (SECTION 7-101, TABLE 7-5a) AND TO ALLOW ADDITIONAL PROJECTIONS IN THE FRONT YARD (SECTION 7-101, TABLE 7-6, NOTE 14); AMENDING SECTION 70-27 OF THE CODE OF ORDINANCES TO AVOID INCONSISTENCY WITH THE ZONING REGULATION OF CURB CUTS; AND PROVIDING FOR A PENALTY UP TO $2,000.00 PER DAY; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") held a joint public hearing on March 27, 2023 on Z&PC's preliminary report on proposed changes to the Zoning Ordinance of the City (the "Zoning Ordinance"); and WHEREAS, the Z&PC, after hearing public comments, adopted four final reports, attached as Exhibit B and made a part of this ordinance, which it has submitted to City Council; and WHEREAS, the City Council has considered the final reports of the Z&PC as well as the City's Comprehensive Plan, and City Council formally approves and adopts the reports of the Z&PC; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance; and WHEREAS, the Building and Standards Commission has recommended that, concurrent with changes in the Zoning Ordinance, that Chapter 70, Street Areas and Public Places, of the Code of Ordinances be amended to provide for consistency between the City's development and zoning regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Preamble. The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and incorporated herein for all purposes. Section 2. Zoning Amendment. Appendix A, Zoning Ordinance, Article 2. -Definitions and Interpretations, Section 2 -102. -Certain terms, of the Code of Ordinances of the City of West University Place, Texas, is hereby amended by the addition of a new definition, in the appropriate alphabetical order, to read: "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®"." Section 3. Zoning Amendment. Appendix A, Zoning Ordinance, Article 7. -Additional Regulations, Section 7- 101. -Regulations, tables, etc., Table 7-2 Yards (or `setbacks'), Note 2. Narrow Site "3/7" Exception, of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read: "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 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. (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 2 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." Section 4. Zoning Amendment. Appendix A, Zoning Ordinance, Article 7. -Additional Regulations, Section 7- 101. -Regulations, tables, etc., Table 7-3: Open & Pervious Areas, Note 7, of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read: "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." Section 5. Zoning Amendment. Appendix A, Zoning Ordinance, Article 7. -Additional Regulations, Section 7- 101. -Regulations, tables, etc., Table 7-5a: Parking, driveways, etc., Note S. Curb Cuts, of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read: "Note 5. Curb cats. 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. (A) 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 expressly prohibited from constructing a driveway which connects two intersecting 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 3 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." Section 6. Zoning Amendment. Appendix A, Zoning Ordinance, Article 7. -Additional Regulations, Section 7- 101. -Regulations, tables, etc., Table 7-6. Projections Schedule, is amended, in part, by the addition of a new type of structure that shall read as follows: Section 7. Zoning Amendment. Appendix A, Zoning Ordinance, Article 7. -Additional Regulations, Section 7 -101. -Regulations, tables, etc., Table 7-6. Projections Schedule, is amended by the addition of a new Note 14 that shall read as follows: "Note 14. Book sharing exchange(s). No part of the structure may project into the Right - of -Way. Installation subject to guidance and final approval by the Administrative Official." Section 8. Code Amendment. Section 70 -27. -Curb cuts and driveways; concrete, of Article II. -Work in Street Areas, Etc., of Chapter 70. -Street Areas and Public Places, of the Code of Ordinances of the City of West University Place, is amended to read as follows: "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 unless permitted by Section 7 of the Zoning Ordinance. (b) Alignment. 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; 4 Maximum Allowed Projection (In Inches), Measured From The Special Rules For Calculating Type of Structure Inside Edge Of The Yard Open & Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Certain Book sharing No limit generally The area does not count as Accessory exchanges 0 — 0 — 0 — either open or pervious area. but see Note 14 Structures (I per building site) Section 7. Zoning Amendment. Appendix A, Zoning Ordinance, Article 7. -Additional Regulations, Section 7 -101. -Regulations, tables, etc., Table 7-6. Projections Schedule, is amended by the addition of a new Note 14 that shall read as follows: "Note 14. Book sharing exchange(s). No part of the structure may project into the Right - of -Way. Installation subject to guidance and final approval by the Administrative Official." Section 8. Code Amendment. Section 70 -27. -Curb cuts and driveways; concrete, of Article II. -Work in Street Areas, Etc., of Chapter 70. -Street Areas and Public Places, of the Code of Ordinances of the City of West University Place, is amended to read as follows: "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 unless permitted by Section 7 of the Zoning Ordinance. (b) Alignment. 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; 4 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) 43 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." Section 9. Comprehensive Plan. City council finds that the Zoning Amendments are consistent with the City's comprehensive plan. Section 10. Penalty. A violation of this ordinance shall be a Class C misdemeanor, and the penalty for violating this ordinance shall be a fine not exceeding Two Thousand and No/100 Dollars ($2,000.00) for each offense. Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this ordinance and the Code of Ordinances shall not preclude the City from filing suit to enjoin the violation. Section 11. Savings/Repealing Provision. All ordinances and parts of ordinances in conflict with this ordinance are repealed to the extent of the conflict only. Section 12. Severability. If any provision of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall 5 continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 13. Effective Date. This ordinance takes effect immediately upon its passage and adoption on second reading and the publication of the caption, as required by the City Charter and state law. PASSED, APPROVED AND ADOPTED ON FIRST READING on the 8`h , day of May, 2023. PASSED, APPROVED AND ADOPTED ON SECOND READING. AND SIGNED, on they day of 12023. 0W C FINAL REPORTS. o�o �. st: s Signed: ff Ci y cretary (Seal) -Mayor Recommended: City Manager Approved as to form: by: ..,I at4-' Olson & O on, LLP, City Attorney 0 EXHIBIT B Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 April 13, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Final 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 final report, having proposed modifications to the Zoning Ordinance to facilitate the installation of artificial turf in front -yard %landscape areas. Existing Ordinance provisions 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 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 final report was as follows: Cutrer, Mazzu, Howard, Takashima, and Wilson voted "aye". Powell and Fisher were absent and there we 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 April 13, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Final 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 final 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 contemplate 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 of front yard accessory structures such as Book Sharing Exchanges, an update to the current Zoning Ordinance is required at this time. Recommendation. Based on the review given by the 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 final report was as follows: Cutrer, Nkzzu, Howard, Takashima, and Wilson voted "aye" Powell and Fisher were 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 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) 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 Pervious Areas Sidewalks, patios, Rear Yard Side Yard The area counts as open porches/platforms/decks, Book Sharing area but not as pervious retaining walls, driveways, Certain Accessory Exchanges No limit generally, area unless the material is Groundleveland parking areas and similar No limit, except that decks The area does not count as Structures completely pervious to underground items structures not higherthan six may not project more than No limit No limit No limit water. The area beneath a inches; all underground 120" deck may count as pervious structures. See also Table area if rain is allowed to 7-3regarding pervious pass through 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 Right -of -Way. Installation subject to guidance and final approval by the Administrative 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(D". 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 Book Sharing Certain Accessory Exchanges No limit generally, 0 0 0 0 0 0 The area does not count as Structures but see Note 14 (1 per building site) either open or pervious area. Note 14. Book Sharing Exchange(s). No part of the structure may project into the Right -of -Way. Installation subject to guidance and final approval by the Administrative 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(D". Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 April 13, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Final 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 final 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. 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 final report was as follows: Cutrer, Mazzu, Howard, Takashima, and Wilson voted "aye". Powell and Fisher were 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 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. 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. 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 les-s4�han 69 fee�= wide—mea_,3redglen' thefr-eet-sficeet line unless permitted by Section 7 of the Zoning Ordinance. b) Alignment. Tbae-e:E fae±=e-e&:r-b-e&t:g ere -arc twe eL= ffierre-eenneetee-gyp etttei-drriveways-ear-a- b dA:ng she-(-€ems--e�EaRiple, when thieicis e=rem deo,eway),- e fel l e iY'J n apply.: than-twe f eek e a side pi=epe�y line. in tzh e -sweet --area , n epaLc€ e f the et�19 emei= eiiciveway ffiay eicess :the- Rag rae itensien of a s -i . line, nless }�affeetedewneLeeRsen�s-3-R wrzciREJ. The le,,dilding emseial Fftay fftake-exeept-4:e n s ; e tense-ia t l es men t h ewe is rye jarraetieal a1-teLaeati�o=e-eia when eeeessaicy t -e -prevent ' i= te-a twee- moble -7-3 enEiixt A e€ -thee yGdeef Gfd=nanees of the h The inside -edges ffR}st 19eatleast- 24 feet -apart; e. Tl:ie wdH�h ef tl�te "islan eevei-edwithhlei-dst:r€aeed fftateLaial if a new -e iaeplaelngan eiE}s erg jaulalle-sidewalk; acrd d. The etits she-leeatedalen(g the fi-ent-sficeet-14!ne. 3) Pae -cam aeway Faay lee widei� t-han what isallewed-eLc speeified4:n talgle-�:7 Sa ±n }ppeneliit A efthe -cede-ef Grrel±lnanees . -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. Sec. 7-101. - Regulations, tables, etc. - Table 7-5a: Parking, driveways, etc. - Note 5. Curb cuts. Note 5. Curb cuts. ThieZSA fftay issue —a speela! eiEeejqt-ren e�—addr4�4:enal eti� f-eL- - =ei�ner- 94:te-when 4:n eefftpee-6 14=-h the;eequ±Lcefftents—€er- twe etiLA3 ems—€ems These —add}ena l eaLcb eu4�s—a ice—ire#—p Lce h i bited anEi de n zeqtiiiFe—a—spe e i -a l exeejqt4:en- 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 drivewav 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 roadwav 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 expressly prohibited from constructing a driveway which connects two intersecting 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. Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 April 13, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Final 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 final 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 100 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 final report was as follows: Cutrer, Mazzu, Howard, and Takashima voted "aye". Wilson voted "nay". Powell and Fisher were 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 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 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. 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.