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HomeMy WebLinkAbout03212024 ZPC Agenda Item 4 Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 February 21, 2024 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 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 final 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 N/A per building site One. See Note 1. Note 2. Maximum number One (may only be a private Tennis courts 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. Special Rules For Type of Structure® Maximum Allowed Projection(In Inches),Measured From The Inside Edge Of The Yard0 Calculating Open& Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard No limit generally,but see The area may count as Basketball goals 120" No limit No limit0 both open area and pervious Note Z65 area. The area may count as Playground equipment0 0 No limit 0 No limit both open area and pervious area. The area may count as Flagpoless 120" 0 0 0 both open area and pervious area. 0,but see Notes 8.1,8.2, No limit,but see Notes The area does not count as FencesPi andl20 Nolimit0 81,8.2 and 110 No limit either open or pervious area. The area counts as open Swimming pools0 0 0,but see Note 98 0,but see Note 9.m No limit area.Only the water area counts as pervious area. Certain Accessory Structures The area counts as open Tennis courts(with area but not pervious area 0 0,but see Note 15 0 No limit associated screens)0 (unless the area is made of grass). No limit generally,but see No limit generally,but see No limit generally,but see No limit generally,but see The area may count as Lights and lampposts0 both open area and Note10.0 Note10.0 Note 10.0 Note 10.0 pervious area. The area may count as Gate closers.?'. 24f ❑ No limit No limit No limit both open area and pervious area. Signs(see Code of The area does not count as Nolimin 0 0 0 either open or pervious Ordinances)0 area. Book sharing exhanges No limit generally, The area does not count as (l per building site) but see Note 14 0 0 0 either open or pervious area. 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 7-5b: 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 N/A per building site One. See Note 1. Note 2. Tennis courts Maximum number One{may only be a private Sport courts per building site tennis court). See Note 3 5. N/A N/A Maximum number Practice enclosures One. See Note 6. N/A N/A per building site All structures 25 feet. But see "Buildings" table for certain building height 35 ft. See Note 4 Height, maximum See, also,Article 8 limits. See Note 3. Note 1: Tcnni3 Court3, Swimming Pools in SF Districts. Each tennis court in a SF District must: (r) bc a private accessory structure for a single building site, (ii) be tancd for residential purposes only, (iii) bc open to the sky, but cnclescd and scrcexc€d to a Height of at lcast eight fcct on all sides, and (iv) never bc 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, Tonni3 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. Tcnnis 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 a rear yard setback area unless the rear property line of the proposed building site abuts only the rear property line (s) of one or more adjacent building site (s) , in which case a ten-foot (10' ) projection into the rear yard setback area is permitted. In cases where the rear property line of a proposed building site is parallel and contiguous with segments of both the rear property line and the side property line of two or more adjacent building sites, no projection into the rear yard setback area is permitted. Additionally, no projection into the rear yard setback area is permitted if the side property line of the building site where a sport court is proposed is perpendicular to the side property line of any other adjacent building site* . *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 a rear yard setback area unless the rear property line of the proposed building site abuts only the rear property line (s) of one or more adjacent building site (s) , in which case a ten-foot (10' ) projection into the rear yard setback area is permitted. In cases where the rear property line of a proposed building site is parallel and contiguous with segments of both the rear property line and the side property line of two or more adjacent building sites, no projection into the rear yard setback area is permitted. Additionally, no projection into the rear yard setback area is permitted if the side property line of the building site where a practice enclosure is proposed is perpendicular to the side property line of any other adjacent building site* . *See Note 7 . Note 7: Sports Courts and Practice Enclosures. The ZBA may issue a special exception to locate a sport 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 preservation of a Protected Tree; and 4 . Concurrent landscaping enhancements and beautification of the building site. • Table 7-6 (EXCERPT) . Projections Schedule, cont . 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 The area may count as No limit generally,but see Basketball goals 120" No limit No IimitlO both open area and pervious Note 7.© area. The area may count as Playground equipment© 0 No limit 0 No limit both open area and pervious area. The area may count as Flagpoles© 120" 0 0 0 both open area and pervious area. 0,but see Notes 8.1,8.2, No limit,but see Notes The area does not count as Fences® and 12.0 No limitlO 8.1,8.2 and 11.8 No limit eitheropen or pervious area. • The area counts as open Swimming pools® 0 0,but see Note 101 0,but see Note 9.10 No limit area.Only the water area counts as pervious area. The area counts as open area but not pervious area Tcnnis court Sport courts 0 0,but see Note 15 0 No limit (unless the area is made of Certain Accessory (with associated screens)® grass,sand,oran equivalent Structures pervious material). The area counts as open area but not pervious area Practice Enclosures 0 0,but see Note 15 0 No limit f unless the area is made of grass,sand,or an equivalent pervious material). The area may count as No limit generally,but see No limit generally,but see No limit generally,but see No limit generally,but see Lights and lampposts® Nate 10.0 Note 10.0 Note 10.0 Note 10.® both open area and pervious area. The area may count as Gate closers® 24" ❑ No limit No limit No limit both open area and pervious area. Signs(see Code of The area does not count as No limitlO 0 0 0 either open or pervious Ordinances)m area. Book sharingexhanges No limit generally,but see The area does not count as (l perbuilding site) Note 14 0 0 0 either open or pervious area. Note 15: Sport Courts and Practice Enclosures. Sports courts and practice enclosures may not project into a rear yard setback area unless the rear property line of the proposed building site abuts only the rear property line (s) of one or more adjacent building site (s) , in which case a ten-foot (10' ) projection into the rear yard setback area is permitted. In cases where the rear property line of a proposed building site is parallel and contiguous with segments of both the rear property line and the side property line of two or more adjacent building sites, no projection into the rear yard setback area is permitted. Additionally, no projection into the rear yard setback area is permitted if the side property line of the building site where a sport court or practice enclosure is proposed is perpendicular to the side property line of any other adjacent building site. • 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.