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HomeMy WebLinkAboutOrd 1578 - amending zoning . ,; ORDINANCE NO. 1578 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO PROVIDE FOR GARDEN-STYLE SINGLE-FAMILY USE IN THE BELLAIRE BOULEVARD TOWNHOUSE P.D.D.; AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES; 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 amend the Zoning Ordinance of the City, as last reformatted and readopted by Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance") to provide for garden-style single-family use in the Bellaire Boulevard Townhouse P .D.D. and to amend the subdivision regulations of the City for that purpose; 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 set out 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. Chapter 20 of the Code of Ordinances is hereby amended by adding a new Section 20.075 which shall read in its entirety as follows: Sec. 20.075. Zoning Ordinance. All provisions of the Zoning Orqrnance which affect plats or replats are incorporated into this chapter by reference. This includes, for example, detailed site requirements prescribed for planned development districts as well as other provisions. 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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. 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 mannex 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. r~ t.~,l ,I ,.I!I..r ---.---,-.-'------,----------,----"-"....':1FI".--r...-''''~"''-r J.-.~ASSED AND APPROVED ON FIRST READlNG, this /",,"ty of I' -----" 19~. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: d~J,~:_ASSED AND APPROVED ON SECOND READlNG, this h~of r-r-19f/3. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Attest: (Seal) ~~> . ity Secretary ?-- City Attorney b37\opdd.adp - -'""'''1I''f''''''''''''-'-''-' ? Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 January (2-, 1998 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the zoning ordinance of the City of West University Place, Texas (~City") to allow garden-style single-family use in the Bellaire Boulevard Townhouse District (~PDD-TH1 District"). . To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. ~co~~ of Proposal. The proposal is to amend Schedule PDD- TH1 of the zoning ordinance as indicated in the attachment to this report Attached townhouses are already allowed in this district. The amendment would allow a new garden-style, single-family use. Basic townhouse regulations would apply, but there could only be one house per lot, the houses could not be attached, and each lot would have to be platted for separate, ~fee simple" ownership. Rear yards (or ~setbacks") could be smaller than in the regular townhouse district, if the yard is adjacent to a major thoroughfare. The result should be a less-intensive land use than townhouses, more akin to conventional, single-family use. However, the lots could be townhouse size, smaller than in the conventional single-family districts. Also, many of the single- family district regulations would not apply (examples: garage rules, framed area restrictions) . Under the proposal, a replat would be required. The replatted area would have to be large enough to be designed and r r--1 ,.,Trr7"1 , I:li,r ----,-~--.--~--,----,--,----,'"..,,-~:rT'..T,..,..,"'"'....,--.--- replatted as coordinated, integrated development. There would be specific requirements for replats, to protect nearby neighborhoods, insure emergency access, etc. A cross-reference should be added to the City's subdivision ordinance to incorporate the new platting regulations. Scope of Information Revjeweo. The Commission has reviewed development proposals that might be implemented if this amendment is adopted. The Commission has also considered the effect of past development efforts in the PDD. At the joint public hearing, approximately ~ persons maQ~..Qral statements and approximately ~ written statement;~received. The Commission has reviewed the proposal with staff and City consultants. The Commission has reviewed the Comprehensive Plan as well as the Zoning Ordinance and the Zoning District Map (which is not proposed to be changed). Recommendation. The Commission: (i) finds that the proposed amendment would be consistent with the Comprehensive Plan and in the public interest, (ii) finds that the proposed amendment reasonably addresses circumstances which have arisen since the last comprehensive revision of the ordinance, (iii) makes its final recommendation in favor of the proposed amendment, and (iv) recommends that the City Council adopt the amendment The Vote. The following members of the Commission approve WS re];2ort: commi~ners ~" 'V\~"(AJ ~J '^" I ~--),~, '\AJU all voted "Aye", with Commissioners -- ~~~__ voting "No." Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ~ For the Commission BV: AMENDMENT OF SCHEDULE PDD-THl BELLAIRE BOULEVARD TOWNHOUSE P.D.D. ("PDD- THl DISTRICT") (a) Generally. (1) This schedule applies only to the PDD-THl district. The purpose of this district is to maintain and protect one of the City's planned single-family, attached- building residential areas and to provide necessary regulations for buffering of adjacent areas with less-intensive land uses. (2) :\11 of the oroYlsieoo of this erdinQn0s RRRll RflfI1r tA thln ,1;n+"':nt n!J if it '.'/ere lJart afthe TN distriet. eJ~e~t tl:1at tAS RAd111m'lal prA~Tl!':i~.....n no+ ~'lt iB tbiD seheduls shaH alsa alJPI~: to this distriet. 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 (3) Only the following uses are allowed in the PDD- THl J)l~tr1c.t ~nr1 p~{'h use is allowed onlv when there is comt;lliance wlth the..rp0111Mlon~ lnr11l'~tpd ~ and other regulations imposed bY. this ordinance' Use Conventional single-family (detached) Indicated Regulations Application SF-3 District regulations. The regulations are aptJlied as Exception: the TH District regulations allowing three if the building full stories. proiections of cantilevered space into site were in the front yards and front fences apply to all single-family SF-3 District. uses on building sites in this district. TH District regulations. exce,vt. The base (i) Only single-family (detached) use is allowed. and regulations. dwelling units shall not be attached including all (ii) There must be direct access to each site bv a regulations platted street. which mav be either DubHc or ~rivate. imposed by (iii) There must be at least three yarkim! spaces per this ordinance. dwelling unit. at least one of which is available for are applied as guest parkinll.Parkinll spaces may be locatedln if the buildin~ common areas for shared use. site were in the (iv) One interior side vard per building site mav he.... TH District zero width. if there is an adiacent maintenance with single- easement platted and restricted as open area., familv (v) For any rear vard adiacent to a m~ior (attached) use. thoroullhfare. the minimum dfWth lS five feet (hnt thl~ does not allow reduction of any SF Buffervardt (vi) A replat meeting the criteria of.(a)(4). below must cover each buildinll site wlth this use (vii) Each area between a platted bnlldinp llne ~nr1 the Garden-style single-family (detached). 1====-r .-- ,'--rrr , ; I ";,, lII.r' ,-,.-----.-,--.----~.---,.--- - -----~~----,-"""".....~r" '--'~'''''.n-_'____----------~--- Single-family (attached) a4iacent street area mm:t hp. m~int~ined all opeu area. TH District regulations. l'lus the additional The base regulations set out in (b) and ( c) of this schedule. regulations are applied as if Note: (b) and (c) of this schedule only apply in the the building case of single-family (attached) use. site were in the TH District. The o~.\'Rer of a builEling site iB this district mflr l'llp!",t tCl h~ gM'~~~<l Ds' all QftJ;w. ref':;alatiens applieabla to sinde family (detaehe() u~e, At': ifth!;! hnil,";~g n;t'i' n~ri in the Sf 3 Distriet and iB lieu efthe re~atiA1'l~ otRPln'>1t':!;! f.lJlrl;Mt.,.l~.fro ta'i building site. EJ668j3tien: the TH District re~latioRs allev.'ing thl"Pl!;! full ~M;~n, proiectioRs of eantile'/ered spaee iate fTeRt yara~ aRe rrm:'lt fc-mClj;lln TP1;T t? all sin~le family Hsas on AllildiRg t':1t!;!r;: ill .ft.,.;n ..I;n.....;~.f H" !]'ll1a ~1Q'gtiQR is maGS in a fOllll flresGribed by the bmldm~ offieiat. ami ifatl the SF 3 re~atil'lFl!'l ATFl eomplied ~:fi.tl1. sinde family (detaeked) l:lse is allw.vea iR thir;: nif:1tr1C':t (4) Garden style single-family (detache<l) use renlat~ mll~t mp.p.t::lll ()fthp fQll0ucillg criteria: (A) Shape & Size Therenlattp.n ::ITP.~ DJJJ.St..hp ('()nth;z.UOll~ imd illC}.yQ~ either: (n one acre or more. or (it) three or more Sep::lTate !'mhiliviilpillot~ (before being replatted). ill) Buildinf! Site Boundaries. The replat must speGifically designate the front street line and other lot lines of each hnililing ~itp The general deftnitions in this ordinance do not determine such lot linp.s (C) Fee Simvle Sites. Each buildinll site must be ~latted for S,.p::lT~tP. fpp_ simple ownership. with only one dwelling unit per site. (D) Access. Parking. Environmental Issues. Vehicular access. streets (public and private). easements. curb cuts. parking sllaces. building lines. open areas and pervious areas must be identifted and restricted by the relllat so that. in the iudgment of the Z&PC: en any imllact on adiacent neighborhoods is minimized. (ii) emergency and utility access are adequate. (im environmental effects (including runoff. tree impacts. bulk. light. air. etc.) are mitigated. The replat may require such areas to be larger than otherwise required by this ordinance. The replat may impose building lines Ull to ten feet deell. measured from the street area. Building lines may Vary from building site to building site. (E) Maintenance. Etc. The replat must prescribe (or incorporate) permanent provisions for access to and maintenance of private streets. easements. common areas and common facilities. all in a form and manner satisfactory to the Z&PC. (F) Incorporation of Restrictions. The replat must specifically incorporate this schedule and the indicated re~mlations ann the Tf~.pl::lt mnst st::ltp th::lt" (n all restrictions and conditions on the replat shall run with the land as -rs-..=-- 4==-~--r==';--'''--''_"7_-C-''"='>=-"'''''==i, .m .1 II i"l; IA..r - --.----.-.,.------.-'-----.--c---,----.----~---o='''~TI''-r' "'-"',',,,-,.- v real propertY restrictions and (in the~ ~hHll hp. lnt'ippe-ndelltly enf.gr~Gab18 by any person or entitr having an intere~t in 1lropp.~.lnl'1nded ill the.~ (which may include the City) and ~ ~mv homp.ourm"r'jl a~ltociatigR that may be created. Any such enforcement ~ the <:itv i.s....an Hc1c11flotlal alternative remedv for the City. (b) Additional site criteria (avplies onlv in the emu? nf rdnQ/p-fnmi/l' (nttnr/:1{>dI1ISe.l' (1) Parking areas. There must be motor vehicle parking area which complies with Article 10 of this ordinance, except that the minimum number of parking spaces per dwelling unit shall be three where one space per dwelling unit is available as guest parking. Parking shall not be permitted above ground level. (2) Additional access provisions. (i) If a building site abuts both Bellaire Boulevard and another street, then all vehicular access shall be from the other street, and no more than two curb cuts shall be allowed. However, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Addition, if Lot 6 is included in the same building site or in ajoint development with the other lots, vehicular access shall be limited to one curb cut on Mercer Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to two curb cuts. (iii) The design of all access driveways and other pathways must be coordinated with adjacent properties so as to allow a coordinated and integrated circulation system with the adjoining properties. (iv) Residents of adjacent building sites in the same district shall be granted rights of ingress and egress over the entire circulation system. (v) Each driveway must be atleast twenty feet wide. (vi) Cul-de-sac driveways may not exceed fifty feet in length if a terminus is not provided, or 200 feet in length if a terminus is provided. Termini must have adequate dimensions to allow turning. (3) Additional setback regulations (living space). No living space shall be permitted within the distances from property lines indicated below: Condition Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line Blank building wall or wall with solid- core, one-hour rated doors separates living space from property line. 10 5 5 20 Other building wall separates living space from property line, and: Six-foot or taller fence or wall stands between building and property line: 12 10 10 20 There is no such fence or wall: 15 12 10 20 Exception: Living space may project into front setback areas if the space is: (a) all higher than eight feet and (b) completely suspended from the remainder of the building by a cantilever or similar structure. See, also, Table 7-2, entitled "Yards (or 'Setbacks')", which allows certain cantilevered building parts to project into front yards. (c) Additional building criteria (applies onlv in the casp nf~in~p-f(1mill' (attached) lIS~): (1) Dwelling unit size. Each dwelling unit must contain at least 1,600 square feet of gross floor area and shall be at least sixteen feet in width (measured to include outside walls and one-half of any common walls). (2) Spacing of dwelling units. Except where dwelling units are separated by common walls, the minimum distance between dwelling units shall be as follows: (i) No part of any dwelling unit may be closer than five feet to another dwelling unit. (ii) No window may be closer than fifty feet to a facing window to living space in another dwelling unit. (iii) Neither eaves nor balconies may be closer than forty feet to a facing window to living space in another dwelling unit. (iv) Neither windows to living space nor balconies may be closer than twenty feet to any facing wall of another dwelling unit. (3) Courtyard Notwithstanding any other provision of this ordinance, there may be an enclosed courtyard formed by a masonry fence or wall along the property lines in front of the dwelling units, the fence or wall being no more than seven feet high in front of the dwelling units and not more than eight feet high on the sides and the rear. ::JI ~.j _.~ ._:L.In...l. ~ '-- ___-'-_,iL!illLIa;.I --- -- -------c .""~f'" ,. .,-.