HomeMy WebLinkAboutOrd 1586 - amending zoning
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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hereby repealed to the extent of the conflict only.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
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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.
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~_ _ PASSED AND APPROVED ON FlRST READING, this ~daY of
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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
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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
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Garden-style
single-family
(detached).
Single-family
(attached)
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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.
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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
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(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:
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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.
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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
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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~~
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