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HomeMy WebLinkAboutOrd 1586 - amending zoning ;;)l;1l1l uy; vvJ.t:! ex lJVUYIIt:!I'lY II.;)-OOU-I<tll Ue:./UO/l:10 10;4U ,,)00 00", page l/Y ,. Ordinance No. 1586 AN ORDINANCE AMENDING THE 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-THl DISTRICT); AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission ("Z&pcn) afthe 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 C'Zoning Ordinance'} to modify the front-yard requirement for garden-style, single- family use in the Bellaire Boulevard Townhouse P.D.D.; and WHEREAS1t 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&PCin 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 o:/\:lIlL uy; voJ.\:l ell uouymWlY 'I,J-OOV- I"" U~JVOJ~U lO:4U ..JOO bO;j I"'age ~/!:J ever beheld 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, detennines 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 been open to the public as required by law at all times during such discussion, consideration and action. "Fhe City Cowcilratifies, approves. and confinns 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. --.-----c-~-_,_____,- --- --'.-C;;'_-!''''l'''!I'',!,,'T''O-.-''~'''._'- ~en~ oy: vo~e & uougner1Y (1~-~~U~141( UC!/Ut;j/~/j 10:41 Jot:> ooJ t'age ;,j/'d ~_ _ PASSED AND APPROVED ON FlRST READING, this ~daY of ~19~. Councilmembers Voting Aye: Councilmembers Voting No; Councilmembers Absent: . .d ~ PASSED AND APPROVED ON SECOND READING, thisd:? day of . ~~,.~ 19~ COWlcilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Attest: (Seal) ~W~~ ily Secretary . R~ City Attorney b38\opadp.yrd ..Trr.' "i':'1iF,..----_~--.----.--"---..,.':'..,:rH.1"'f'T"-'-.c.,.--"..-,cc--1-- ~en~ oy: ~o~e ~ uougner~y 11~-~~U-141{ U~/Ub/l:f~ 1~:4~ JOO t)o;j Page 6/9 AMENDMENT OF SCHEDULE PDD-THl BELLAIRE BOULEVARD TOWNHOUSE P.D.D. ("PDD- THl DISTRICT") (a) Generally. . .(1) This schedule applies only to the POD-THI district. The purpose of this district is to maintain and protect one of the City's planned single-family, attached-building residentiai areas and to provide necessary regulations for buffering of adjacent areas with less-intensive land uses. (2) 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 POD-TIll District, and each use is allowed only when there is COmpliance with the regulations indicated below and other regulations imposed. by this ordinance: Conventional single-family (detached) Indicated Regulations Application SF-3 District regulations. The regulations are Exception: the TH District regulations allowing three applied. as if full stories, projections of cantilevered space into the building front yards and front fences apply to all single-family site were in the uses on building sites in this district. . SF.3 District. Use ~ent OY: ~OLe ~ uougnerty Il~-~~U-1411 Garden-style single-family (detached). Single-family (attached) U~/Uo/':J~ lo:4;J ,JOO oo;J TH District regulations. except: (i) Only single-fiunily (detached) use is allowed, and .dwelling.units shall not be attached. (ii) There must be direct access to each site 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 ofwmch is available for guest parking. Parking spaces maybe located in common areas for shared use. (iv) One interior side yard per building site may be zero width, if there is an adjacent maintenance easement platted and restricted as open area. (v) For any front yard aqjacent to R privatI'! dreet tbe minimum depth is. three feet.... For any.rear yard adjacent to a. major thoroughfare. the minimum depth is five feet. (but tbis .dnc!..n. If l'Il1..121' ~I Ktion of alar SF Duffery41 d). . However. this schedule doe~ not.. allow any reduction of an SEBufF~rd (vi) A replat meeting the criteria of(a)(4), below. must cover each building site with this use. (vii) Each area between a platted building line and the adjacent street area or private street must be maintained as open area. TH District regulations, plus the additional regulations setout in (b) and (c) oftbis schedule. Note: (b) and (c) of this schedule only apply in the case of single-family (attached) use. Page 7/9 The base regulations, including all regulations imposed by this ordinance, are applied as if the . building site were in the TH District with single- family , (attached) use. The base regulations are applied as jf the building site were in the TH District. (4) Garden style single-family (detached) use replatsmust meet aU of the following criteria: (A) Shape & Size. The replattedarea must be contiguous and include either: (i) one acre or more. or (ii)three or more separate subdivided lots (before being replatted). (B) Building Site Boundar:ies. The replatmust specifically designate the front street line and other lot lines, of each building site. The general definitions in this ordinance do not determine such lot lines. (C) Fee Simple Sites. E~h building site must be platted for separate, fee-simple ownership,. with only one dwelling unit per site. (D) Access, Parking, EnvironmentalIssues. Vehicular access. streets (public and private),easements; curb cuts, parking spaceS, building lines. open areas and pervious areas must be identified and restricted by the replatso that, in the judgment of the Z&PC: (i) any impact on adjacent neighborhoods is minimized, (ii) emergency and utility access are adequate. (ill) environmental effects ,L__L"ll~-._-"-- ---,." '''T':~ !"Tf'~-' ,,-.,-",~-,-. ,-, .;ltllll uy; 0vJ.tI Oc. IJVUYlHWlY f Iy-OOV-I~I f Uc1./UO/~t) lO:40 '"'00 00"' t'ClYtI O/~ (including runofl: tree impacts, bulk, light, air, etc.) are mitigated. The replat may require such areas to be larger than otherwise required by this ordinance. The replatmay impose building lines up to ten feet deep. measured from the street area, and yp.1Qeiaht feet in deoth. measured from a Drivate street line. 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 regulatio~ and the reptat must state that: (i) all restrictions and conditions on the replat shall run with the land as real property restrictions and (il) they shall be independently enforceable by any person or entity having an interest in property included in the replat (which may include the City) and by any homeowner's association that may be created. Any such enforcement by the City is an additional, alternative remedy for the City. (b) Additional site criteria (applies only in the case of single -family (attached) use): (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) Ifa 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 I, Kent Place Addition, if Lot 6 is included in the same building site or in a joint development with the other lots. vehicular access shall be limited to one curb ootonMercer Street. (il). If a building site abuts only Bellaire Boulevard. vehicular access shall be limited to two curb cuts. (Hi) 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 sY$tem. (v) Each driveway must be at least 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 (Jiving space). No living space shan be permitted within the distances from property lines indicated below: ,-'--- 'F-~- - _.".==-~~ .1 i1rF- --"'--,--.,----..------ '-'-'-''''f''''~''''f'-r'~-'--'''-''~ .",-..-T ~~1I~ uy; l"uJ.e c:ll uougnen:y (I"-OOU-lltll Uit./UQ/l;Jtj 10:ltl ,JOO oo;;S page 'tJ1'tJ Distance Froin Property Line (Feet) Front Side Side Rear Street Street Property Property Condition 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 bunding wan 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 aDows certain cantilevered building parts to project into front yards. (e) Additional building criteria (applies only in the case of single-family (attached) use): (1) Dwel/ingunit 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 oftbis 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. 1,1' r'----~'-------~-. l"":"IT~-,.,,,.._,;,.'.'-;-r- -~.. ....--..... - _'W_~........ ~J . IV ...,...,...,-......., Vc..IVVI;;JV Iv....,.. \JVIJ V:.Jo,) ....age 4/.\:1 Exhibit A Zoning.& Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 FebrUary~, 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 (UCity") to modify the front-yard regulations in the Bellaire Boulevard Townhouse District (UPDD-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. Scooe of Proposal The proposal is to amend Schedule PDD-THl of the zoning ordinance as shown in the attachment to this report and summarized as follows: · Existing regulations: The base regulations for garden- style use would require a front yard at least five feet in depth. Cantilevered or sllspendedbuilding 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) allow the Z&PCto 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 month. The Z&PC discussed this amendment at great lenqth. Apparently, the developer's proposed house plans will not all fit the site unless the front yards can ""~"." wI- VV....~.... VV\A\:tllvl \.1 f ,t,J-\JU\,I-I..," VC./VO/~O 10;-';:: ,,)00 b~~ page 5/9 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 variable setback. The proposed amendment would only affect front yards adjoining a private street. Therefore, the effect would be internal to the proposed new development. Scope of Information Reviewed. 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 POD. At the joint public hearing, approximately ~ persons made oral statements. and approximately L written statements were 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: (1) 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 followinq members of the Conunis$ion approve ~~~loMis~~Pi~g;Y-lt1l1t~ , (tvs all voted "Aye", with ConunissIoners ' ~ ~ I~NC- voting "No. H ,- Respectfuily submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For 1k~~ ~~-- ----r---c,..'r;'~!"1fT'~-;--,-,--"'~---,c---l-