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HomeMy WebLinkAbout09142023 ZPC Agenda Item 3 Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 August 10, 2023 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Houston, Texas 77005 Subject: Preliminary report on the current Zoning Ordinance of the City of West University Place, Texas ("City") relating to Sport Courts & Practice Enclosures. To the Honorable Mayor & Members of City Council : The Zoning and Planning Commission (the "Commission") of the City submits this, its preliminary report, having proposed modifications to the Zoning Ordinance to define and regulate sport related activities in residential areas . Existing Ordinance provisions for sport related activities. Regulations for sport related activities are currently limited to tennis courts and basketball goals within the existing Zoning Ordinance. Such regulations are located within Article 7 of the Zoning Ordinance (Sec. 7-101, Tables 7-5b, 7-6) . Table 7-5b establishes a maximum of one tennis court per residential building site in the single-family (the "SF") districts . Table 7-6 establishes permitted projections for basketball goals and tennis courts in the SF districts . Individual sport activities are not currently defined or ' encompassed by a broader definition in the existing Zoning Ordinance. Analysis. In pursuit of creating clear definitions and establishing regulations for sport related activities such as pickleball, the Commission has proposed modifications to the Zoning Ordinance at this time. The proposed modifications provide definitions for a number of sport activities by the creation of an encompassing sports court definition. Additionally, a definition was created to encompass those sport related activities which typically require an enclosure for responsible operation and play. Furthermore, entries for these newly defined terms were added to Tables 7-5b and 7-6 with accompanying notes that provide additional rules and special exception procedures. Principally, two new definitions were added to Sec. 2-102. The first term "Sport Court" was defined as any outdoor improved area (not including parking areas, driveways, or pools) designed for athletic or recreational purposes, including but not limited to tennis, basketball, handball, pickleball, volleyball, and racquetball courts. The second term "Practice Enclosure" was defined as a permanent or semi-permanent outdoor space that is generally enclosed on all sides by netting, and which is utilized for the practice of a sport activity (e.g., batting practice, golf, etc.) which is not otherwise prohibited by law or local ordinance. The line item which applied to tennis courts in Table 7-5b was struck and replaced by a line item for the newly defined sport court term. An additional line item was created for practice enclosures. Accompanying notes were added for each respective item. Existing notes 1 and 2 were amended to remove references to tennis courts. Additionally, a note was added to authorize the Zoning Board of Adjustment (the "Board") to issue a special exception for a sport court or practice enclosure in a different design or location than prescribed by Table 7-5b. The line item which applied to tennis courts in Table 7-6 was struck and replaced by a line item for the newly defined sport court term. An additional line item was created for practice enclosures. An accompanying note was added to restrict rear yard projection for a sport court or practice enclosure unless certain criteria are met. Recommendation. Based on the review given by the Commission regarding sport related activities in residential areas, 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 define and provide regulations for a variety of sport related activities. The Vote. The vote on approval of this final report was as follows: 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 sport related activities: • Table 7-5b: Certain Structures General Rule: Every structure must conform to the applicable regulations Table 7-5b:Certain Structures shown, by District, in this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) See special rules noted in table. (3)See Article 9 regarding Planned Development Districts. Item Regulation SF-1 SF-2 SF-3 TH GR-1 GR-2 C Maximum number See Swimming pools per building site One.See Note 1. Note 2. N/A Tennis courts Maximum number One (may only be a private per building site tennis court).See Note 1. All structures See Note 4 Height, maximum 25 feet. But see "Buildings"table for certain building height 35 ft. See, also,Article 8 limits. See Note 3. Note 1: Tennis Courts, Swimming Pools in SF Districts. Each tennis court in a SF District must: (i) be a private accessory structure for a single building site, (ii) be used for residential purposes only, (iii) be open to the sky, but enclosed and screened to a height of at least eight feet on all sides, and (iv) never be lighted for play. Each swimming pool in an SF District must be a private accessory structure for a single building site and used for residential purposes only. Note 2: Swimming Pools, Tennis Courts in TH Districts. The ZBA may issue a special exception for a tennis court or a swimming pool if the ZBA finds that the proposed facility will not create a drainage or noise problem and will not cause a significant increase in traffic on nearby streets . Tennis courts and swimming pools must comply with the tennis court and swimming pool regulations in the SF Districts, but may serve commonly- platted or restricted sites . See Note 1 . Note 3: Height in C District. In the C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 4: Utility Poles. An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high, if the administrative official certifies that the additional height is necessary to separate wires of different voltages and capacities from each other and from the ground, applying standard technical codes and utility safety guidelines . • Table 7-6 (EXCERPT) . Projections Schedule, cont . Specs awes Far Type of Struchae Mar'mum.a. P-ajecfon{tn Inches),Measured F-on The Iis'de Edge Of Tie Y.rd CacJ;at;ng Coen& PQv4ou5 A real front Yard flex Yard Sde Yard SF8ufferyrd No T.tseiera y,butsee The arca mayCaantas fl.0 S.3.1 peas 120" Tt No Saris hot h open area and treats Note 7. area. Tic area may caJnt a P a}g'aJid eqJ pmcit 0 '1. .lit oath open oat and pervious arca. The area may count as . .ua'es 120' _ .. both ogenresaril ucti_... area. Tic area toes not caul:a: 0,but see Notes 81,&2T't.but see Notes Fences and i2 _r t &.....42 and IL No •rtit c tie-mei aroeY'aus a-ca. Tie arcaG1J1t1at a=e1 Ce-taiAccessorySwHn ni ig pacts C G.out sec Nate 9 CI,but we Note9. •._ mi area.0i y iie•watc-a-ea Stracta-esQ?JntSaa p ":aJiarea. Tieareac Jitsasopci Tcii S mJ its{w In ..1"12.1iwt not penno J3.. __ 0 _ 0 No mi assa.atedsaeeisl {Jiestheaae ismade::I gas I. The area may moues Nofirritg:le•J ..!,,!see !i_ T:a_-,_-., ,.,but we No mtgei•_a y,but see Nox-Kt genera y,but see Ai:.s aid amp pasts bat h opcnrea and Note IC, -.ate L2 Notelet .4'ote1O. pEYaJS'rad. Tic a-ea-nay count as Gate close rs 24 Na 'm I No Tt hah ones area and twvious ova. S:ens{see Code of The area docs not couit a Notm t _ 0 0 ether open arperrsaus Ordinances, a-ea. Amended Provisions within the Code of Ordinances for sport related activities: • Table 7-5b: Certain Structures General Rule: Every structure must conform to the applicable regulations Table 7-Sb: Certain Structures shown, by District, in this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1)See special rules noted in table. (3)See Article 9 regarding Planned Development Districts. Item Regulation SF-1 SF-2 SF-3 TH GR-1 GR-2 C Maximum number See Swimming pools per building site One.See Note 1. Note 2. N/A Tennis courts Maximum number One{may only bc a private N/A N/A Sport Court per building site tennis court).See Note 4 5. Maximum number Practice Enclosure One.See Note 6. N/A N/A per building site All structures See Note 4 Height, maximum 25 feet. But see "Buildings"table for certain building height 35 ft. See, also,Article 8 limits. See Note 3. Note 1: Tcnni3 Court3, Swimming Pools in SF Districts. Each tennis court in a SF District m s-t: (i) bc a private accessory structure for a single building site, (ii) be Ich:-ed for residential purposes only, (iii) be open to the sky, but enclosed an s-crccned to a height of at lust eight feet on all sides, and (iv) never be lighted for play. Each swimming pool in an SF District must be a private accessory structure for a single building site and used for residential purposes only. Note 2: Swimming Pools, Tcnni3 Court3 in TH Districts. The ZBA may issue a special exception for a tennis court or a swimming pool if the ZBA finds that the proposed facility will not create a drainage or noise problem and will not cause a significant increase in traffic on nearby streets. Tennis courts and Swimming pools must comply with the tennis court and swimming pool regulations in the SF Districts, but may serve commonly-platted or restricted sites . See Note 1. Note 3: Height in C District. In the C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 4 : Utility Poles. An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high, if the administrative official certifies that the additional height is necessary to separate wires of different voltages and capacities from each other and from the ground, applying standard technical codes and utility safety guidelines . Note 5: Sport Court in SF Districts. Each sport court in a SF District must: 1 . Be a private accessory structure for a single building site; 2 . Be used for residential purposes only; 3. Be open to the sky but enclosed and screened by opaque fencing to a height of 8 feet on all sides . Boundary fencing may be utilized for the screening of sports courts in lieu of an interior fence enclosure; 4 . Never be directly or indirectly lighted for play; 5. Not project past the front of the principal building*; 6. Not be located in a side yard*; and 7 . Not project into the rear yard setback, unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site (s) , in which case a ten-foot projection into the rear yard setback is permitted* . *See Note 7 . Note 6: Practice Enclosure in SF Districts. Each practice enclosure in a SF District must: 1 . Be a private accessory structure for a single building site; 2 . Be used for residential purposes only; 3. Be enclosed on all sides by netting to a minimum height of at least 8 feet. Enclosure not to exceed 12 feet in height; 4 . Never be directly or indirectly lighted for play. 5. Not project past the front of the principal building*; 6. Not be located in a side yard*; and 7 . Not project into the rear yard setback, unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site (s) , in which case a ten-foot projection into the rear yard setback is permitted* . *See Note 7 . Note 7: Sports Courts and Practice Enclosures. The ZBA may issue a special exception to locate a sports court or practice enclosure in a different design or location than prescribed by this ordinance. The following items may be considered by the ZBA as permissive factors when considering the merits of the special exception: 1 . The submission of a noise study which demonstrates compliance with city noise ordinances. See Chapter 54, Article II; 2 . The submission of letters of no objection from all immediately adjacent neighbors; 3. The preservations of a Protected Tree; and 4 . Concurrent landscaping enhancements and beautification of the building site. • Table 7-6 (EXCERPT) . Projections Schedule, cont . Sxa4 ftL&3 Fa- Type of Structure btu•namA'awedP-ajectinMea.redFTyr The I'a'deEdge OfThe'Led C at`aiagOte & Pe'v+oas Areas front Yard Rea-Ya•d Side Yard SF gaffe ryard T earea may counts No+>zrtgeneepy,hot re i...uet3a goo s 120' Na°zm:t Nofan t out arae n area.rel pelfaus Mote Z area. Trr area T.at•mJ its P,JFF,L1.11d C4.1 z-reart 0 No:'m:t 0 Na ant nothasela-ea and 3••:aus The area may count as agpo es 120' 0 a 0 both open area and pervious anal. Q.but see No res 81.82. Na 'n t.but see.'otes Ticacadocshatcau bas _nces arid 12. Na 'Tit 8T.82andii Na"TE either opens-uc-v'ais area. The a-eamntsasazen YW T.T.hg zeas 0 0,out see Note 0,a.ttsee Note 9. No arra aoa.4ke ythe Ovate-a-ea awns a3PC V W3aCa. Cerra h Accessory The area co n is as OM!, SLada-e3 area but ha l7e^Jct us erre Sparc Court 4w.th 0 0,hut re Note 14 0 Nosgraft {en.ess Lie area s mode d .nsocat!d grass a sand I. The area counts as open area Practice Enclosure 0 Q,bit see Note 14 0 Na!unit bit not pervious area jtoiessthe area o made d The area Tire m a ht as No.,.'mit gene ra y,but see Nonm:tgene-a`}•,hrtsee Na ,ritgeneo y,hot see Na 'Ttp:hra y.botsee 4,1t141id an-musts ,h6reiQ NotefQ .4'ate1Q Nate SO. bothopcha-e.aand penriatm a-ea. The area may count as Gate cases 24' No brit No t Na rat bath open area and se rebus area S:g v yee Th Code d e area does not omits, O-d"loxes' Na:'Mt 0 a a ether apenorpc-t,•aus oral. Note 14 : Sport Courts and Practice Enclosures. Sports courts and practice enclosures may not project into a rear yard unless the rear yard of the proposed building site abuts only the rear yard of one or more adjacent building site (s) , in which case a ten-foot (10' ) projection into the rear yard is permitted. : • Section 2-102 . - Certain terms . Accessory. A building, structure or use is "accessory" if it is: (i) subordinate and incidental to a lawful principal building and use on the same building site, and (ii) is necessary or convenient for a lawful principal use of such building. An accessory building, structure or use can include, but is not limited to, a garage, guest quarters, pool cabana, game room or other similar use. But see, Table 7-1, Note 2. Porch. A roofed structure, open at the sides to extent required Table 7-6, note 1 . 2, projecting from the face of a principal building and used to protect the entrance of the structure. Practice Enclosure. A practice enclosure is a permanent or semi-permanent outdoor space that is generally enclosed on all sides by netting, and which is utilized for the practice of a sports activity (e.g. , batting practice, golf, etc. ) which is not otherwise prohibited by law or local ordinance. Principal building. The building on a building site housing the principal use. Special screen. An opaque fence or wall designed, constructed and maintained to reduce risks of fire, unsanitary conditions and vandalism and to prevent the viewing of a loading dock or waste storage area, or any associated equipment, from any street area or from any other building site within a residential district. Buildings or other structures and gates may be incorporated into special screens. Sport Court. A sport court means any outdoor improved area (not including parking areas, driveways, or pools) designed for athletic or recreational purposes, including but not limited to tennis, basketball, handball, pickleball, volleyball, and racquetball courts. Zoning District Map. The map adopted on March 12, 2001 simultaneously with the comprehensive amendment of this ordinance, as said map may be amended, from time to time.