HomeMy WebLinkAboutOrd 1581 - calling a joint public hearing / zoning
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ORDINANCE NO. 1581
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A
PROPOSAL TO AMEND TIlE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS TO MODIFY THE FRONT YARD
REQUIREMENT FOR GARDEN-STYLE, SINGLE-FAMILY USE IN THE
BELLAIRE BOULEVARD TOWNHOUSE P.D.D. (pDD- THI DISTRICT);
PRESCRIBING PROCEDURES AND NOTICES; CONTAINING
FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT"
7
ANODECLARING AN EMERGENCY.
WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West
University Place, Texas e'City'') has submitted a preliminary report on a proposal to amend
the comprehensive zoning ordinance of the City, as last reformatted and readopted by
Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance~'), which report is
attached as Exhibit A and made a part ofthis.ordinaoce by reference; and
WHEREAS, the City Council desires to call a joint public hearing on such proposal;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. The City Council hereby calls a joint public hearing before the City
Council and Z&PC on the proposal described in Exhibit A The hearing shall beheld in the
Council Chamber of the Mwlicipal Building, 3800 University Boulevard, Houston, Texas
77005 during the City Council meeting set to begin at 7:30 p.m. on February 9, 1998. The
hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m.
on February 23, 1998.
Section 2. The purpose for the hearing is to provide an opportunity for parties in
interest and citizens to be heard in relation to the proposal described in Exhibit A.
Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice
as required by this ordinaoce~ (2) hearing as called by this ordinance, (3) report by the
z&PC, and (4) vote by the City Council on the question of adoption. The procedures for
enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal
described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its
consideration.
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Section 4. The City Council shall give notice of such hearing as prescribed by this
section. The notice shall be in substantially the fonn set out in Exhibit B, which is attached
and made a part of this ordinance by reference. The notice sball be published in a
newspaper of general circulation in the City at least once on or before the tenth day
preceding the date of the hearing. In addition~ the notice shall be: (i) posted at five public
places in the City, one. of which must be the place used for posting notices of City Council
meetings and(ii) mailed to each City water utility customer with a service address located
within the affected zoning district or within 300 feet from the boWldary of the district. The
notices shall be posted and mailed on or before the tenth day preceding the date of the
hearing. The City Council specifically approves giving combined notice of two or more
hearings in a single notice document, as this would save money and also provide better
information about the full scope of possible amendments to all interested persons.
Section 5. The City staff is authorized to make all necessmy arrangements for the
hearing and to assist the Zoning and Planning Commission and the City CoWlcil.
Section 6. 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 WlConStitutional by any cowt of competent jurisdictio~ the remainder of this
ordinance and the application of such word, phrase, clause, sentence, paragraph, section or
other part of this ordinance .to any other persons or circumstances shall not be affected
thereby .Allordinances and parts of ordinances in conflict herewith are hereby repealed to
the extent of the conflict only.
Section 7. The City Council officially finds, detennines and declares that 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 Open
Meetings Law, Chapter 551, Texas Government Code,.as amende~ and that 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 confinns such notices and
the contents. and posting thereof
Section 8. Because the proposal to amend the Zoning Ordinance is vitally important
and should. be considered at the earliest possible date, a state of emergency is declared
requiring that this ordinance be read and adopted finally .at this meeting. Accordingly, this
ordinance shall be adopted finally on first reading and shall become effective immediately
upon adoption and signatw'e.
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PASSEDANDAPPROVEDonfirstreading.1his .%~yof h-'
19~
Voting Aye:
Voting Nay:
Absent:
Al11EST: (Se~)
~~
i · ecretary ~
:r~
City Attorney
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Mayor
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Exhibit A
Zoning & Planning Comml..lon
City ofW..tUniv....ity Place, Texu
3800 University Boulevard
Houston. Tex.. 77006
January 23, 199\
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, T@xas 77005
Subject: Preliminary report on a proposal to amend the zoning
ordinance of the City of West University Place, Texas
(~City") to modify the front yard requirement tor
garden-style single-family use in the Bellaire Boulevard
Townhouse District (~PDD-THl District")
To the Honorable Mayor & Members of City Council:
The Zon1ng & Planning Commission of the City sUbmits this, its
preliminary report, on the subject proposal, for the assistance of tho
Council as well as other interested persons. This report supplements
the preliminary and final reports the Z&PC has made on the garden-style
use in PDD-THl.
Scope of Proposal. The proposal is to amend Schedule PDD-TMl of
the zontng ordinance as shown in the attachment to this report and
summarized as follows:
· Ex1sting regulations; The base regulations for garden-style
use would require a front yard at least five feet in depth.
Cantilevered or sU$pended building space could project into
this yard area, if it is at least eiqht feet high.
· Proposed chanqe: This amendment would allow more flexible
front yards and front setbacks. It would:
(1) reduce the minimum front yard to three feet in depth,
but only where the yard faces a private 15treet ,
(cantilevered or suspended projections would still be
allowed into this yard), and
(2) allow the Z'PC to impose building lines on a replat to
create variable front setbacks, up to eight feet in
depth.
The proposed developer for the Annapolis-Holcombe project attended
the Z&PC meeting last night. The Z&PC discussed this amendment at
qreat length. Apparently, the developer's proposed house plans will
not all fit the site unless the front yards can be reduced. The Z&PC
was ultimately persuaded that the reduction should be allowed, provided
that the rule also includes permission for the Z&PC to impose a
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variable setback.
The proposed amendment would only affect front yards adjoining 8
private street. Therefore, the effect would be internal to the proposed
new dQvelopment.
Preliminary Recommendation. Based on the limited review given
this matter so tar, and subject to further review following public
hear1nq, ~he comm1ssion: (i) finds that the proposed amendment, if
adopted, would be in the public interest, (il) makes a preliminary
recommendation favorable to the amendment, and (iii) recommends that
the City Council call a joint public hearing to consider this matter.
The Commission invites all interested persons to participate in the
joint public hearing.
The Vote. On this report, Commissioners Ross, Case-Shively, and
Watson voted ~AyeNt with Commissioner Griffin voting ~No.u
Commissioners MU3her and Nel~on ab5tained. Commissioner Day was
absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
!1iJk
For the Commission
By:
I -......
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SCHEDULE PDD-TRl
BELLAIRE BOULEVARD TOWNHOUSE P.D.D.
(ttPDD-TBl DISTRlCT't)
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(a) Generally.
(1) This schedule applies only to the PDD.. ml district. The purpose ofthis district is to
maintain and protect one of the City's planned single-family. attached-building residential
areas end to provide noccuary regulations for butredng of adjacent areas with less-intensive
land uses.
(2) In case ofany conflict or inconsistency between any provision in this schedule and any other
provision oftbia ordinance. the provision in this seheclule shall control.
(3) Only the following usa are allowed in the PDD-nn District, and each use is allowed only
when there is compliance with the regulations indicated below and other regulations
imposed by this ordinance:
Use:
ColWChtional
singJe-family
(detached)
Garden-style
single-f4mily
(detached).
I
Indicated Regulations
SF-3 District regulations.
TH District regulations. except: '
(i) Only aii1We-family (detached) use is allowed, and
dwelling units aballnot be attached.
(ii) There must be direct acces. to eacb lite by a
platted street. which may be either public or private.
(Iii) There must be at least three parking spaces per
dwelling unit. at least one of which is available for
guest parking. Parking lpacea may be located in
~mmon areas for shared use.
(iv) One interior side yard per building site may be
zero width, if there is an adjacent maintenance
easement planed and restricted as open area.
(v) For any front yard a4iacem to , privltO alreel. t1m
minimum 4e.pth is three feet, For any rear yard
adjacent to . major thoroughfare. the minimum depth
is five feet. (but thiadoes not dow l~uetion of an"
SF B.61,,4id). However. this schedule dOeJ not
allow 8I\Y reducti~n of In Sf BufrtlYard.
(vi) A replat meeting the criteria of (a)(4). below,
must cover each building site witb this use.
(vii) Each area between. platted building line and the
adjacent street area or private 5tfftl must be
maintained u open area.
Application
The
regulations are
applied as if .
tho building
site were in the
SF-3 District.
The base
regulations,
including aU
resu1atiol18
imposed by
this ordinance,
are apP,lied as
ifthc building
site were in the
TR District
with single-
family
(attached) use.
. Trr-,
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~
Sirigle-family
(attached)
TH District resuJationa, plu.1be additional
regulations set out in (b) and (e) of this schedule.
Note: (b) and (e) ofthia schedule only IIPply in the
case of single-family (attached) use.
The base
regulations are
applied as if
the bOOding
site were in the
m District.
(4) Oardan &tylc single-family (detached) use replata must meet all of the following aiteria:
(A) Shap6 & Siz~. The rep1atted area must be eontisUoul ~d include either. (i) on~ acre
or more. or (ii) three or more separate subdivided lots (before being.replaued).
(8) Building $iI_ Botmdari":I. The replat must spedtlca1Jy designate the front street tine
and other lot lines of each building site. The ,enera! definitions in this ordinance do
not determine such lot tines.
(C) Fee Simple Sites. EachbuUdina site mutt be platted for ..patet.. fee-simple
ownership. with only one dwellina unit per site.
(D) ACCB.tS, PRrking, EtMronmental /8SUes. Vehicular access, streets (public and
private). easements. curb cuts, parkins apaces. building lines. open areas and
pervious area must be identified and restricted by thereplat SO that, in the judgment
of the UPC: (i) any impact Oil adjacent neighborhoods is minimized, (ii) emergency
and utility access are adequate. (ill) environmontal effects (including runoff: tree
impagt&, bulk, Jisht. air, ~C;.) are mitipted. The replat may require such areas to be
larger than otherwise required by this ordinasg. The replat may impose building
lines up to ten feet deep, measured from the stroot area. 100 ~ ~ ~
depth.. measur~ tl'oma.pri~te streetli~. BuDdinS linea may vary from building
site to building site.
(B) Maintenance, Etc. The replat must prescnoe (or incorporate) permanent provisions
for access to and tnam\cnance Qr private streets, easements.oommon areas and
common f&cUities. all in a fonn and manner satisfactory to the UPC.
(F) Incorporatloh of Restrictions. The replat must spedfieaUy incorporate this sched~le
IUd the indicated regulations. and the replat JDUIt state that: fa) aU restrictions and
oonclitiol28 oatbc.replat IhaIlnm with the land as real property restrictions and (ii)
they shall be independently enforceable by any person or entity having an interest in
property iacJuded in the reptat (which may include the City) and by any
homeowner's association that may be created. Any suoh enforcement by the City is
an additio~ alternative remedy for the City.
(6) Additional site all,ria (applies only in the cmeof Single-Jamlly (attaChed) lISt):
(1) Parlingareas. Tbetemuat be motor vehicle parldnaarea which complies with Article 10 of
this ordinance. except that the minimum number ofparkiaa spICOI per dwellinS unit shall be
three where one space per dweUinS unit is available.u guest parki"8. Parking shall not be
permitte4lbovo poundJevel.
(2) AdditiOllQI access provisions. (i) It a building site abuta both BcUaire Boulevard and another
street, then all vebicularaccess shall be &om the other -eel. and no more than two curb
cuts ahaIl be allowed. However,.m the case or the development of Lot. 6, 7. 8, 9 ami me
east ten feet of Lot 10. Block 1. Kent Place Addition. if Lot 6 is included in the same
building aite or in a joint development with the other 10\$. vehicular access shall be limited to
one curb cut on Mercer Street. (il) If I building site abuts only Be1laire Boulevard.
vehicular access IhaU be limited to two curb cull. (iii) The design of all. access driveways
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and other pathways must be coordinated with acJjacent properties so 11& to allow a
coordiDated and integrated circulation system with the adjoining properties. (iv) Residents
of adjacent buildins sites in the same district shall be armed riahts of ingress and egress
over the entire circulation a)'Stem. (v) Bach driveway must. be at least twenty feet wiele.
(vi) Cul-de-sac driveways may IlOt exceed fifty feet in length if a terminus is not provided.
or 200 feet in length if a terminus is provided. Termini muat have adequate dimensions to
allow turning.
(3) AddJllonaI.tlJack regulaliOtlS (liVing space). No living space shall be permitted within the
distances from property linea indi"ted boIow:
Condition
Distanc. F1'OI# Ptop#11y LiM (Feet)
Front SidB SidB Rear
Slt'eet Street Property Property
Line Line LiM Line
B....k buiJclilll waU
or wall with soUd-
core. one--hour rated
doors tep8l'ates
living space fiom
property line. 10 S S
Otber buDdinl waD
separatelliving &pICe
from property line,
ancl:
Six-lOot or 1aUer
ranee or waJlltands
between bUil4iJII and
ptl)perty line: 12 10 10
TbeR II no IUCb fcacc
or wall: IS 12 10
20
20
20
Exception: Livini spa" may projcc:t into from aetbKk II'CII if the space is; (a> all higher
than eight feet &ad (b) completely auapended fi'om the remainder of the building by a
cantilever orsimilaS' 1tn.lCNre. See, allO, Table 7-2, entitled "Yard. (or 'Setbacks')", which
allows certain eantilevered building par1J to proj~ into lTont yards.
(c) Additional building Cl'iterill (applies only In the case oj sing/e-fam;/y (attached) use):
(1) DweUing flllil me. Each dweUing unit mult contain at least 1,600 square fea of gross tloor
area and shall be at least sixteen feet in width (meuured to include outside walls and one-
half of any common walls).
(2) Spcrci. cU "lling 111I113. .Bxcept whero dwelling units are separated by common walls, the
minimum distlDCCl between dwo1linS unib Ihall be as toUOWI: 0) No. part of any dwelling
unit may be dOl<< than five feet to lIlother dwelling unit. (il) No window may be closer
than fifty feet to . tacina window to 1ivina apace ill another clweUms unlt. (W) Neitbw oavO&
nor balconies may be closer than forty feet to a facing window to living space in another
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dwelUna unit. (iv) Neither windows to living spaoe nor balconios may be closer than .twcnty
feet to any facing wall of another dwelling unit.
(3) COIII1JGYl Notwitbstanding any other provision oflbis ordinance, there may be an enclosed
courtyard formed by a muonry fence or wall Ilona the property tin" in tront oftbe
dweWna unita. 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.
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Exhibit B
NOTICE OF PUBLIC HEARING
The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ,
("City") will hold joint public hearing in the Council Chamber of the Municipal Building, 3800 University
Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on February
9, 1998. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m.
on February 23, 1998, at the same place. The purpose for the hearing is to provide an opportunity for
parties in interest and citizens to be heard in relation to a proposal to amend the City's Zoning Ordinance,
as follows:
Existing regulations: The base regulations for garden-style use would require a front yard at least
five feet in depth. Cantilevered or suspended building space could project into this yard area, if it
is at least eight feet high.
Proposed change: This amendment would allow more flexible front yards and front setbacks. It
would:
(1) reduce the minimum front yard to three feet in depth, but only where the yard faces a
private street (cantilevered or suspended projections would still be allowed into this yard),
and
(2) allowthe Z&PC to impose building lines ona replat to create variable front setbacks, up to
eight feet in depth.
Additional details on the proposal as well as the Zoning Ordinance and subdivision ordinance are all
available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas
77005. The proposed amendment would be generally applicable within the affected district, and any
person interested in such matters should attend the hearings. The proposal may be adopted only after
notice and hearing, and it would control over any inconsistent provision in the current Zoning Ordinance
or subdivision ordinance.
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