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HomeMy WebLinkAboutOrd 1641 - adopting an amending comprehensive plan \JUiJ~Ul ORDINANCE NO. 1641 AN ORDINANCE ADOPTING AN AMENDED COMPREHENSIVE PLAN; AMENDING THE CODe OF ORDINANCES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS\ the City Council and the Zoning & Planning Commission (UZ&PC") of the City of West University Place, Texas (UCityJl) have held a joint public hearing on a proposal to adopt an amended comprehensive plan and a related amendment to the Code of Ordinances; WHEREASl the Z&PC has made a final report to the City Council with respect to such proposal, which report ;s attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC and is of the opinion that the proposed amendment should be adopted, as more fully set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCfL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby approves and adopts an amended compret1ensive pran, as recommended in the report of the Z&PC~ which is attached as Exhibit A and made a part of this ordinance. The Code of Ordinances is hereby amended by adding a new Section 1.010 which shaH read in its entirety as follows: Sec. 1.010. Comprehensive Plan. (a) Adoption. The City Council, by the adoption of Ordinance No. 1641 on May 8~ 2000~ has approved and adopted an amended comprehensive plan. A copy is on file the office of the City Sccrcta.I0". (b) Related provisions. The follo\ving shall apply to the C~,..s comprehensive plan: (1) The City~s zoning ordinance shall be interpreted and applied in accordance vvith the applicable provisions of the comprehensive plan. The t\vo shall be hannonized and reconciled using the rules of construction referenced in Section 1,002, (2) Recognizing that both the zoning ordinance and the comprehensive plan are intended to be living documents that are periodically amended and kept up to date) no provision of the zoning ordinance shall be held to be inconsistent ,\'ith the comprehensive plan unless: (i) the alleged inconsistency is first brought to the attention of the City CounciI~ in \\-nting, and (ii) the City Council does not act to resolve the alleged inconsistency Vlithin the next succeeding 120 days. Nothing in this section requires the City Council to act. The Council ma~.~ for example, decline to act if there is no real inconsistenc:". The Council may also allo\v the appropriate officers to resolve any real inconsistency by interpretation, variance, etc. /v V U ,::, v ~ (3) An amendment to the comprehensive plan may be proposed by the City Councilor the Z&PC~ In either case, the Z&PC shall revie\\" the proposed amendment and make a report to the City Council as soon as practicable. The City Council may submit the amendment for a joint public hearing bcfor~ the City Council and the Z&PC. The Council rna} not adopt the amendment before the public hearing. (4) The City Council has the continuing right to amend this section and the comprehensive plan. The City~ retains its full legislative and regulatory authority . Section 2a All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any wordl phrase, clause, sentencel paragraph, section or other part of this ordinance or the application thereof to any person or circumstancel shall . ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such wordt phrase) clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, 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 Texas Open Meetings Act, as amended, and that each such meeting [ has ~deen t~pen todthe .pUbIiTchasCr~tqUcired b~f laWt.f~t all times durin9d SUChf~ diSCUSShion, ...... consl era Ion an actJon~ e J Y ounel ra i 18S, approves an con Irms sue notices and the contents and posting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies" approves and confirms such noticest including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication: as provided in the City Charter. l~ i t U' 1. IU" ' J U '.( Ur,{. -.J PASSED AND APPROVED ON FIRST READING, on ~ ~ ..z70C? Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSED AND APPROVED ON SECOND READING, on Councilmembers Voting Aye: Council members Voting No: Councilmembers Absent: AJtest: (Seal) I~ Re] City Attorney b59:\54oplan U'jU;~Uif Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 April 13, 2000 Honorable ~ayor & Members of the City Council city of Wes~ University Place 3808 University Boulevard Houston, Texas 77005 Subjecr: Final report on a proposal ~o amend the comprehensive plan of the :ity of West University Place, Texas ("City") To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of ~~e City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. [' Scope of Proposal. The proposal is ~o amend the City's existing comprehensive plan4 The recomme~ded amended plan is attached to this report. In general, the intent of the amended plan is to update and augment the prior p:an, without major changes. Joint Public Hearinq, Data. Many ci~izens addressed comments to the proposed plan at the joic~ public hearing held March 13. The Commission has reviewed tLem as well as the existing comprehensive plan, the pending amendments to the zoning and planning ordinances and data from the Commission and staff. The Commission has made changes in severa~ passages of the proposed amended plan relating to instit~~ional uses. The Commission believes the changes are appropriate and reasonable. Recommendation. Based on the hearing and review given this matter, the Commission: (i) finds that the proposed amended plan, if adopted, would be in the public interest and would logically update and augment the existing plan, {ii; makes its final recommendation favorable to the amended p~an, and (iii) recommends that the City Council adopt i~. l__ :XH181T !:s- -2ge 1-- of ~ total paoes~ Apr 21 00 09:31a 713 224 1683 -> Co~e & Uougherty; Sarita Energ~ Resources Page 3 uvur.:UJ p..3 Rece~~ed: 4/21/00 10:19; (713) 224-1883 The Vote. The following members of the co~missicn a?p~ovc this prZ iminarv repo::t: All Comrr~issioners voted "aye" except V2 ~ J (not present). Respectfully submitted: ZONING AND PLANNING COMMISSIO~ OF T~E CITY OF WBST UNIVERSITY PLACE, T~XAS ~ ~ r'J. For the Commissic~ By: :XHIB1T A- ... -- ....... -} -."""", .~ CIne ~ of / 0 10tal .pagesl \.J u v r;, U 0 WEST UNIVERSITY PLACE Comprehensive Plan 2000 Article I PURPOSE Section 1.01 Introduction The Comprehensive Plan, hereafter referred to as the Plan, is established for the general health, safety, and public welfare of tIle citizens of West University Place. Its purpose is to promote orderly development and good government, while encouraging responsible commerce in the city. The Plan is a policy document to be used as a frameworI( for implementing conIDlunity goals and objectives and a guide for decisions involving capital improvemellts, zoning and subdivision matters, neighborhood safety, community appearance, regulatory issues and other matters of similar importance. Unless otherwise specified by the City Charter, tile relationship between this Plan and the City's various development regulations is defined by separate ordinance. Tllat ordinance, which is codified in Chapter 1 of the City's Code of Ordinances, also provides standards for determining the consistency required between this Plan and development regulations and establishes procedllres for adopting and amending a comprehensive plan. Section 1.02 Mission Statement Inasmuch as the city is ahnost completely developed and most of its land area is devoted to single-family residential uses, tIle Plan's goal is to maintain and encourage the traditional residential character of West University Place as a friendly, safe, economically stable, and attractive community. It is also intended to minimize any adverse effects of non-residential development and uses. Article II HISTORICAL West University was created from an area of swampland west of Rice University off Old Spanisll Trail. In 1912, the govenlor of Tennessee, Ben Hooper, bought 750 acres for a cOlnmunity of country hOlnes outside the city of HOllston. The area was adveliised as an exclusive neigllborhood, bllt it was .not initially [1 L., UUUi.;U"' Comprehensive Plan 2000 · Page 2 popular~ Most of the first citizens were families who moved to Houston so the men could work at Rice University as professors. Many publications advertised West University Place as an attractive cozy neig"hborhood. Development began in the early 1920's. The area was described by many as a virtual treeless prairie. III the Second Addition of West University Place, the builder tried to make the area seem more prestigious by naming the streets after colleges and universities. Many of the original homes were two-story structures, small cottages, and bungalows. A rural-like atmosphere derived from numerous fruit, flower and vegetable gardens~ West University Place was incorporated in 1924 with approximately 40 families. Incorporation brought higher taxes, a city hall, fire station, street improvements with curbs and gutters, and organized police and fire protection. As a Home Rule Charter city, the municipality has a Council-Manager form of government. Five homes built prior to 1920 and 165 homes built between 1920 and 1929 remained in 1999. Since the 1980' s, West University Place has experienced significant private urban development~ Many of the original bungalows and cottages have been replaced with large two-story custom-built homes. Article III DEMOGRAPHICS The population of West University Place was greatest in tIle 1950's when the count pea1ced a bit over 17,000. A low of 12,010 was reached in the 1980's. In 1999, the population was estimated to be 13,200 living in 5,600 homes. Since the year 2000 is a federal census year, there should be an accurate count of all citizens, pre- school children, teenagers, adults, and senior citizens. Article IV LAND USE Section 4.01 Single Family Residential (a) The architectural character and el1during cllarm of West University Place is manifest principally in its first generation single- family detached garage residences. The city should encourage the preservation, maintenance and, where possible, the enhancement of the original housing stocl(~ ~ ~ i ~ ; · ~ .# U ~,;t tj'J0~r_ U Comprehensive Plan 2000 · Page 3 (b) The city should continuously monitor tIle density, placement, quality and nature of any new residences, replacement residellces alld additions to insure consistency and compatibility to existing development. (c) Single-family residential districts must be protected from commercial and non-single family uses. Buffering and visual screening should be required between residential districts 8l1d both nOIl single-family residential and commercial land use. (d) Ingress and egress to higher intensity land uses should be designed so that non-local traffic will be discouraged from passing directly through single-family residel1tial districts. Section 4.02 Non Single-Family Residential (a) Non single-family residential development, in the form of medium to higher density cluster development, may only be permitted on the periphery of the city or in areas properly zoned. (b) The general orientation of non single-family residential land use should recognize the sensitive relationship to its abutting residential district. (c) All uses adjacent to single-family residential districts must be properly buffered, screened and regulated as to parking, heigllt and density. Section 4e03 Parks and Open Space The city parks and recreation areas contribute to the health, safety, and well-being of the citizens. The city should develop and adhere to a master parl( and maintenance plan that serves the l1eeds of the citizens~ The city should evaluate future opportunities to acquire additional land within the city limits as it becomes available. Section 4.04 Zoning Ordinance (a) The city's zoning ordinatlCe shall serve as tile reglllatory resource for the development of all land use and other general physical developlnent considerations~ By careful and consistent applicatioll of the zoning ordinance, tIle city should be able to preserve and enllance property values and tIle traditiol1al character of the community and quality of life for its residents. uvu{;u~ Comprehensive Plan 2000 · Page 3 (b) The city should continuOllsly monitor the density, placement, quality and nature of any new residences, replacement residences and additions to insure consistency and compatibility to existing development. (c) Single-family residential districts must be protected from commercial and non-single family uses~ Buffering alld visual screening should be required between residential districts and both non single-family residential and commercial land use. (d) Ingress and egress to higher intensity land uses should be designed so tllat non-local traffic will be discouraged from passing directly through single-family residential districts. Section 4.02 Non Single-Family Residential (a) Non single-family residential development, in the form of medium to higher density cluster development, may only be permitted on the periphery of the city or in areas properly zoned. (b) The general orientation of non single-family residential land use should recognize the sensitive relationship to its abutting residential district. (c) All uses adjacent to single-family residential districts must be properly buffered, screened and regulated as to parlcing, height and density. Section 4.03 Parks and Open Space The city parks and recreation areas contribute to the health, safety, and well-being of the citizens. The city should develop and adhere to a master park and maintenance plan that serves the needs of the citizens. The city should evaluate future opportunities to acquire additional land within the city limits as it becomes available. Section 4.04 Zoning Ordinance (a) The city's zoning ordinance shall serve as the regulatory resource for the development of all land 11se and other general physical development considerations~ By careful and consistent application of the zoning ordinance, the city sllould be able to preserve and enhance property values and the traditional character of the community and quality of life for its residents. \J~jUl;lU COlnprehensive Plan 2000 · Page 4 (b) The existing z011ing ordinance should be frequently reviewed and amended as necessary to strive for easy understanding~ This document should reflect expectations of the citizens and continue to better serve the conununity in the future~ (c) Zoning ordinances shall be complementary to the building code standards~ (d) Unless otherwise specified in the City Charter, the relationship between tllis Plan and the City's various development regulations, including the zoning ordinance, is defined by separate ordinance. See Section 1.01, above. Article V PElUPHERAL DEVELOPMENT Section 5.01 General (a) The peripheral area of the city, constituting lots facing on major thoroughfares, presents the greatest challenge to the city. The development of its periphery should have a quality equal to or better than its interior. The city should encollrage the maintenance and upgrading of existing struchrres and high quality development in these areas. The periphery of tIle city not located on major thoroughfares (as well as Bissonnet Ave~ within the city) is zoned for single-family use and should remain as such. [ ~ (b) The peripheral area zoned for non sirlgle-family, conunercial use should not be expanded. Commercial uses whicll are compatible with close proximity to sil1g1e- family residential neighborhoods and are appropriately buffered, screened and regulated as to parking, height, and density may be allowed. Signs and ligllting should be restricted to prevent visual pollution~ Zoning procedures, such as planned development districts, should be considered as a tool to encourage redevelopment Factors relevant to a periplleral property ShOllld include: major thorougluare traffic characteristics, historic use, adj acent residential properties, size, ingress and egress, and the nature of the existing development on the major thoroughfare~ (c) The city Sl10l1ld ma1(e capital improvements to peripheral areas and consider innovative techniqlles to encollrage alld. support 111eir redevelopment. It should also coordinate witll the cities of I-Iouston and SOllthside Place regarding tIle major l.......: ..~ uUU~11 Comprehensive Plan 2000 · Page 5 tlloroughfares within those jurisdictions. Lots zoned for townhouses on Kirby Drive between University Boulevard and Plumb Street should have the attention of the city~ Section 5.02 Signs (a) The cityrs boundaries should be clearly identified to visually distinguish the City of West University Place from the cities of Houston, Bellaire, and Southside Place~ (b) All signs should be strictly regulated to prevent visual pollution~ Article VI TRAFFIC Section 6.01 General The city should continue to encourage the separation of pedestrian and vehicular traffic in the existing roadway system. Since new roadways are unlikely, the city should encourage a citizen-directed traffic task force to monitor and make recommendations relating to traffic flow. Section 6.02 Maintenance Street and road maintenance and repair should have constant high priority. Repairs should be done efficiently, with a minimum of discomfort and inconvenience to residents, and coordinated with management of infrastructure projects~ Section 6.03 Parking Street storage of vehicles and street parking should be discouraged where possible to prevent impeding the easy flow oftraffic~ Section 6.04 Enforcement The city should promote a high level of enforcement of traffic laws for the safety of all citizens~ u.....,~ "-j (1 lf1 1~ ') · U Li ~ .i.,. Comprehensive Plan 2000 · Page 6 Article VII PUBLIC UTILITIES Section 7.01 General The current city public services dedicated to water, sewer, drainage and street pavement are in the process of being replaced. The city is encouraged to complete the infrastructure improvements in progress and develop a repair and maintenance program to insure the maximal uninterruptable delivery of utilities at peak efficiency to all residents. The city should closely monitor drainage matters to encourage the efficient evacuation of storm water so as not to affect neighboring lots. No new development should be allowed within the city unless the required public utilities needed to support such proposed development are in place. The city is encouraged to explore innovative ways to conceal, as in the case of personal wireless service facilities, and relocate utilities underground where feasible so as to minimize impact upon city streetscape and public ways. Section 7.02 Lighting The city should evaluate the existing street lighting plan and ta1(e steps to implement appropriate additional lighting. Focus should be on safety, security, and safer vehicular and pedestrian movement r- Section 7.03 Sidewalks (a) The city should encourage an organized plan to insure that sidewall<s are available in all parts of the city for the safety of its citizens.. Such plan should be tailored in a way to be neighborhood specific and with tree preservation as a major concern. (c) Because the majority of older sidewalks will be replaced within the l1ext fifteen years due to redevelopment, a major replacement program would not be required if an adequate repair program is instigated. Hence, the city should establish a priority for 1) construction of new sidewall{s where there are none and 2) repair of existing sidewall(s. l~_i U tj. U ~ 1 -: Comprehensive Plan 2000 · Page 7 Article VIII TOWN CENTER Section 8.01 General (a) Approximately a 25-acre area which includes West University Elementary, the city's administration building and related facilities, West University Baptist Churcll, Harris County Library Branch, West University Methodist Church and the retail area on Edloe constitute the Town Center. Most interaction between citizens occurs in this area througll municipal functions, educational activities, shopping, religious activities/programs and youth sports~ Much of the small town atmosphere so prized by citizens of the city derives from the interactions in the Town Center~ The Town Center is a mixed use area, containing government, education, religious, recreation and retail uses~ The Town Center and its existing uses should be preserved and enhanced. Expansion should be allowed only where appropriate so as to preserve a positive impact on the residential area, based upon an individual consideration of the particular expansion. Section 8.02 Town Center Retail District (a) The economic viability of the Town Center Retail District on Edloe should be preserved to benefit city residents. The land in this area should be restricted to compatible commercial and other uses and s110uld be consistent with close proximity to single-family residential neighborhoods. These areas must be buffered, screened, and regulated as to parl<ing, height and density so as to minimize any detrimental effects~ Renovation, redevelopment and beautification of the area should be encouraged~ Techniques to encourage and support redevelopment should be explored. Input from the business owners and operators is needed in developing new regulations. (b) The city should make necessary capital improvements to support and upgrade the Town Cel1ter Retail District with specific emphasis on sidewalk.s, bicycle lanes, pedestrian crosswalks, lighting, signs and parking. o 0 0 2 1 ~~l Comprehensive Plan 2000 · Page 8 Article IX LOCAL INSTITUTIONS & PLACES OF WORSIIIP Section 9.01 General (a) Residents of the city support and enJoy many local institutions and places of worship & Official city policies should recognize their value and many benefits and. help to achieve harmony among all land uses. Section 9.02 Education Facilities Due to its size and location in the Town Center, the city should encourage the enhancement of West University Elementary in both its physical facilities and quality of educational experience~ TIle city should exercise all possible efforts to encourage H&I.S&D~ to maximize resource allocation to West University Elementary. Article X RECYCLING & ENERGY As a community that prides itself on aggressive recycling and energy conservation program efforts, the city should continue to encourage and facilitate the systematic collection of renewable materials and maintain and improve its central recycling facilities. The city should establish policies to implement environmental measures~ l_.