HomeMy WebLinkAboutOrd 1620 - zoning ordinance ; limit the allowable uses in the ruskin townhouse
:riday, June 11,1999 11:18AM
To:
From: James Dougherty
Page: 1 of 2
ORDINANCE NO. 1620
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO LIMIT
THE ALLOWABLE USES IN THE RUSKIN TOWNHOUSE
PLANNED DEVELOPMENT DISTRICT (PDD-TH6); AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.
WHEREAS, the City Council and the Zoning & Planning Commission
("Z&PC") of the City of West University Place, Texas ("City") have held a
joint public hearing on a proposal to limit the allowable uses in the Ruskin
Townhouse POD by amending the Zoning Ordinance of the City, as last
reformatted and readopted by Ordinance No. 1493, adopted December 19,
1994 ("ZoningOrdinance"); and
WHEREAS, the Z&PC has made a final report to the City Council with
respect to such proposal, which report is 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 setout herein; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The Zoning Ordinance is hereby.amended as indicated in
the attachment to the report of the Z&PC in Exhibit A, which is attached and
made a part of this ordinance.
Section 2. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section
or other part of this ordinance or the application thereof to any person or
circumstance, 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 word, phrase, clause, sentence, paragraph, section or
other part of this ordinance to any other persons or circumstances, shall be
affected thereby.
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iday, June 11,1999 11:18AM
To:
From: Jli\mes Dougherty
Page: 2 of 2
Section 4. The City Council officially finds, determines and declares
that a sufficient written notice of the date, hour, place andsubject 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 been open to the public as
required by law at all times during such discussion, consideration and action.
The City Council ratifies, approves and confirms such 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 notices, 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.
IcI?ASSED AND APPROVED ON FIRST READING, this ~ay of
_~...... , 19~.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
IcI'~ED AND APPROVED ON SECOND READING, this .-78"ifay of
_~ ,19!i:J
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:. .~' J~. .
Slgned:__---.-- ) \.~
Ma or
Attest: (Seal)
~~~
~ ecretary . "
City Attorney
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
JUNE 10
, 1999
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Final report on an amendment to Schedule PDD~TH6
(Ruskin) of the zoning ordinance of the City of
West University Place, Texas ('City')
To the Honorable Mayor & Members of City Council:
The Zoning & Planning Commission of the City submits this;
its preliminary report, on the subject proposal, for the
assistance of the Council as well as other interested persons.
Scope of Proposal. The proposal is to amend Schedule PDD-
TH6 of the Zoning Ordinance to limit the allowable uses in the
Ruskin Townhouse POD. Only single-family (detached) uses and the
existing parking use would be allowed. See attached schedule.
The Commission believes that this measure reasonably
addresses changes in the development patterns in the immediate
neighborhood, consistently with the comprehensive plan and the
layout of the area. In fact, the Commission is of the opinion
that this proposal better carries out the intent of the
comprehensive plan than did the old plan for townhouses. In the
24 years since townhouses were authorized for this district, not
one has been built. Apparently, none has ever been proposed.
Clearly, then, townhouses have not functioned as a buffer or
transition from the nearby commercial use, as they were intended
to do.
The Commission has considered the-effect of ' the amendment on
the surrounding land. The effect would be to prevent a future
conversion to townhouses. However, converting the tract to
townhouses would have a severe and adverse impact on all the
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surrounding land. The tract is essential for the adjoining
commercial uses because of the chronic parking shortage.
Converting to townhouses would probably compel changes to be made
in the shopping center. Some of the space would have to be
vacated. There would clearly be an increase in on-street: parking
and traffic congestion. The impact would probably be most severe
on Ruskin Street itself, which is essentially a single-family
street.
Recommendation. Based on the the public hearing and the
Commission's review of this matter, the Commission: (i) finds
that the proposed amendment, if adopted, would be in the public
interest and consistent with the comprehensive plan, (ii) makes a
final recommendation favorable to the amendment, and (iii)
recommends that the City Council adopt the amendment.
The Vote. The following members of the Commission approve
this report: Commissioners
all voted" Aye", with Commissioners Q voting "Nay."
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
~ 7:~~
For the Commission
bSl:\S4repor.
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c.
SCHEDULE PDD-TH6
RUSKIN TOWNHOUSE P.D.D.
("PDD- TH6 DISTRICT")
(a) General/y.
(1) This schedule applies only to thePDD-TH6 district. The purpose of this district is to
maintain and protect one of the City's planned si~e-faJ1w" attach~d-btWding
residential areas and to provide necessary regulations for buffering of adjacent areas
with less-intensive land uses.
(2) AM of tfK. plo\lisiollS ofthisordillance. shaH apply to this district asifitwcle flcu t of
thG TIT distrie.t, except then the additional pio~isiollS setout in tlh,s schedule. shall
also a.poh to this district. In case of any conflict or inconsistency between any
provision in this schedule and any other provision of this ordinance, the provision in
this schedule shall control.
(b) Additiona{ site CJ ituia.
(1). 2mld1lg CIte-as. ThGrc.mustbe motOl vehicle parlcit~ Mea which e.omplics l"1ilh
AI tide 1 0 of this oIdinanc.c, C'X'Cc.pt that on:l) tvvo pMlciJ.l~ 5pa"c~ pe~ dwelM~ Ul~t
atcu,quited. Parking shaH !lot be pc.rmitted above ~otllld level.
(2) Additi~lzal access pI ollisrolfS. 0) If a btWd~ site abuts Ruskin, there may bGom}
onecmbCtlton that slIcet per dw~ uuit.
ill Onlv the followine uses are allowed in the POD- TH6 District.. and each use is
allowed onlv when there iscomDliance with the regulations indicated below and
9ther regylations imQosp.cf bv this ordinance' '
A""lication
The regulations are anoIied as if
the buildine: site were in theSF-3
District
~
Use lndicated Ref!U/ations
Conventional sinlZle... SF-3 District regulations.
familv (detached)
Parkine: of motor vehicles Site-snecific conditions may
in connection with be included in the soecial
nearby commercial eXceDtion relrnI'Cline: tvoes.of
activities. if authorized vehicles. desi~ of facilities
bv a soecialexceDtion (includine: laildscaoine:,
issued bv the ZBA. navine:. lie:htin/Z. fences or
Walls. sims. etc.) and curb
cuts.
This use apolies onlv when
authorized bx soecialexceDtion
(either existine: or future).
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ZONING ORDINANCE, as amended through January 31. 1999 [06c:codcS:\ozoning)
Page Z-49