HomeMy WebLinkAbout09141989 ZPC Minutes• •
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• REGULAR MEETING
ZONING AND PLANNING COMMISSION
CITY OF WEST UNIVERSITY PLACE
DATE: SEPTEMBER 14, 1989
7:30 P.M.
The Zoning and Planning Commission of the City of West
University Place, Texas convened in regular session in the
City Counsel Chambers, City Hall, 3800 University Boulevard,
City of West University Place, Texas, the second Thursday of
September, being September 14, 1989.
Members present were:
George Ruhlen Vice Chairman
Reid C. Wilson Chairman and Secretary
Robert Lindsey
Susan Rachlin
Ralph Stivison
Frank Billings
Bonnie T. Holmes
Wayne Perry Chief Building Official
Notice of ineeting was posted in the City Hall of West
• University Place, Texas at least seventy-two (72) hours
preceding the day of the meeting as required by law.
A quorum was declared and the meeting convened.
1. Hearinq of Residents:
Mr. Bernard Murphy of 2612 Community spoke regarding the
front setback requirements for structures on Community Drive.
Mr. Murphy mentioned the 40 foot pipeline easement_affecting
lots located on the portion of Community which is north of
Bissonnet. Because of the existence of the pipeline, the
portion of these lots which can be used by the homeowner is
severely restricted. Mr. Murphy recommended that the
Commission consider some modification of the front setback
lines and perhaps side setback lines to allow greater usage
of these already small lots. .
2. Zoninq Matters:
A. Sexually Oriented Businesses:
The Commission considered Ordinance No. 1335
regarding "Sexually Oriented Businesses" and the request
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• of the City Council for location restrictions. The
Commission reviewed and discussed Ordinance No. 1335
enacted in January, 1989 by the City Council of the City
of West University Place. The Commission also reviewed
Section 28-81 et seq. of the City Code of the City of
Houston regulating adult arcades and sexually oriented
businesses. Significant discussion was had regarding
- propriety of restricting the location of adult arcades
and sexually oriented businesses allowed within the City
Limits of the City of West University Place. The
Commission discussed and reviewed the areas within the
City where these activities are allowed under the
current Zoning Ordinance. Significant discussion
occurred regarding the negative impact of (i) a number
of these types of businesses located together, and (ii)
these businesses located close to churches, schools and
other facilities where children/families congregate.
On motion by Commissioner Lindsey, seconded by
Commissioner Ruhlen, the Commission unanimously agreed
on the following restrictions on the location of adult
arcades and/or sexually oriented businesses: (i) no such
use shall be allowed within 750 feet of any church,
school, licensed day-care center, YMCA/YWCA or similar,
• (ii) the definitions for distance calculations set forth
in Sections 28-121 and 125 of the City Code of the City
of Houston should be adopted, (iii) no adult arcade/
sexually oriented business may be located within 1000
feet of any other adult arcade/sexually oriented
business, and (iv) a public hearing in conjunction with
the City Council should be conducted as soon as
possible.
B. Technical Corrections to the 1987 Zoning Ordinance:
The Commission discussed the need for various
"technical" corrections to the 1987 Zoning Ordinance
which are not intended to change any intent of the
Ordinance but to correct inadvertent oversights,
clerical errors and unintended consequences. Issues to
be addressed include the following:
1. A separate front garage not connected to the
main structure should not be considered a separate
"building" and should not receive a separate
setback from that of the main structure. See
definition of "building" and "garage space".
2. Porte cocheres should be defined so that they
are not considered "garage space" and that the
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• space under a porte cochere may not be considered
for the garage space requirement of the Zoning
Ordinance. This is intended to prevent the
unintended consequence that a gate is required
within a porte cochere to prevent parking under the
porte cochere within 10 feet from the front
building line. Presently, a porte cochere is
considered garage space and garage space is not
allowed within the front 10 feet behind the
building line. In addition, it should be made
~ clear that porte cocheres need not have 50~ opaque
walls as required for garage space.
3. The definitions of "signs", particularly large
and small project signs and temporary signs, need
to be clarified.
4. Flagpoles should be allowed in front yards and
therefore should be specifically eliminated from
the definition of "structure".
~-5: Setback and frontage ~issues relating to
irregular lots should be reviewed.
6. Clarify Section 5-lO1C and consider the
• deletion of 5-lO1C(2). Also, clarify that lot
width can be increased where the owner of a number
of lots wishes to allocate a partial portion of a
lot also owned (and which was subdivided prior to
the Subdivision Ordinance passed in 1983) among the
remaining complete lots they own, but without
increasing the number of "building sites" owned
(i.e. 2-1/2 lots subdivided to become 2 lots, each
with wider frontage). .
7. Side garages on corner lots which are not
located in the rear yard should be required to be
10 feet back from the side building line with an
open to the sky requirement for the 10 foot
setback area.
8. An open to the sky requirement should be
considered for the 10 foot setback required for
front garages. Curren~tly, the Zoning Ordinance is
interpreted that roof and living space may be built
over a 10 foot setback so long as the actual garage
door is 10 feet back from the front building line.
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~ 9. Prohibit stub driveways for remodeling (See
Section 7, 100F[3]).
10. Review Section 8-100D(6) to clarify that
commercial structures cannot face a residential
street where they can face a major thoroughfare.
11. Review variance and special exception pro-
cedures to see if they have been working smoothly
and whether the Zoning Board of Adjustments has any
suggestions or technical changes.
12. Revise Section 12-103(A)(5) to clarify that a
remodeling can use prior setbacks only on a side
which is nonconforming and may not increase
nonconformity on the opposite side. This would
prevent building over existing porte cocheres.
13. Review and revise Section 16-102 regarding
frontage on corners to deal with concerns voiced by
the City Attorney.
14. Clarify that single family housing can be
built within a townhouse district, and that when
• done so, the only requirements are those of the
single family district.
15. Clarify that ~townhouse lots on corners of
residential streets and major thoroughfares can be
replatted to face the residential street. Perhaps
add a requirement that this may be allowed only
when the resulting townhouse lots will be
restricted for single family development, such as
Lovett's development on Brompton at Holcombe.
16. Projection Schedule Matters:
a. Consider allowing garden windows as
a permitted projection; and
b. Consider deleting "accessory
structures" as part of "other architectural
details".
17. Review PNC (Prior Nonconformity) schedule.
C. Policy Matters:
1. Improve side lot and rear yard drainage
provisions, as requested by City Council;
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• 2. Improve regulation for protection of trees
including the encouragement of planting of trees on
vacant as well as occupied lots, as requested by
the City Council;
3. Setbacks on large (75 foot and over) lots;
4. Bulk zoning alternatives;
5. Inclusion of swimming pools within pervious
area requirements;
6. Consider requiring setbacks for~fences from
front building line, particularly where opaque;
7. Re-zone JMH No. 3 to residential now that it
is owned by the City;
8. Kirby Drive Townhouse District; and
9. Lake and Plumb Zoning District cleanup.
3. Subdivision Issues:
• No subdivision matters were discussed.
4. Other Matters:
Greenspace Ad Hoc Committee - The Commission discussed
the Committee being formed by.interested parties to review
alternatives for funding the acquisition and improvement of
parks and other open areas in the City. Reid Wilson, George
Ruhlen and Frank Billings agreed to serve on the Committee as
representatives of the Zoning and Planning Commission.
The meeting was adjourned at 9:30 p.m.
N 0 T I C E
Next Meeting of the Zoning and Planning Commission of
the City of West University Place shall be Thursday, October
12, 1989 at 7:30 p.m. '~
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