HomeMy WebLinkAboutOrd 1595 - joint public hearing on proposal to amend zoning
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ORDINANCE NO. 1595
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO
AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS RELATING TO THE BROWNING TOWNHOUSE P.D.D. (pDD-TID
DISTRICT); PRESCRIBING PROCEDURES AND NOTICES; CONTAINING
FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place,
Texas ("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 of this ordinance 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 be held in the Senior Wing of the Community
Building, 6104 Auden Street, West University Place, Texas 77005 during the City Council meeting set to
begin at 7:30 p.m. on September 28, 1998. The hearing may be recessed and continued to the City Council
meeting set to begin at 7:30 p.m. on October 12, 1998 at the same place,
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 ordinance, (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.
Section 4. The City Council shall give notice of such hearing as prescribed by this section. The
notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this
ordinance by reference. The notice shall be published in the City's official newspaper at least once on or
before the fifteenth 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 boundary 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 necessary arrangements for the hearing and to
assist the Zoning and Planning Commission and the City Council.
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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 unconstitutional
by any court of competent jurisdiction, 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. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 7. The City Council officially finds,. determines 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 amended, 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. confirms 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 signature.
PASS~D AND APPROVED on first reading, thiS~y of d'~Hr ,1998
Voting Aye:
Voting Nay:
Absent:
Mayor
ATTEST:
(Seal)
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R0\4-r:. ""
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City Attorney
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
August 2.1, 1998
Honorable Mayor &
Members of the City Council
city of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Preliminary report on a proposal to amend the zoning
ordinance of the City of West University Place, Texas
(~City") to provide for garden-style single-family use
in the, Browning Townhouse District (~PDD-TH3 District").
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-TH3 of
the zoning ordinance as indicated in the attachment to this report.
Both attached townhouses and conventional, single-family detached
houses are allowed in this district. The amendment would change this
to allow only single-family detached use.
This proposal is submitted, in part, to help harmonize the
regulations in PDD-TH3 with the proposed new regulations for PDD-TH4,
the Wesalyan Townhouse PDD located directly across the street. One of
the City's consulting planners has recommended changes to the TH3
regulations, including: (1) encouragement of fee simple ownership, as
opposed to condominium or rental arrangements, (2) increasing
landscaping and pervious area, especially along Weslayan and Browning,
and (3) reducing minimum sizes for parking areas and driveways.
Eliminatipg the special attached-dwelling regulations as shown in the
attached proposal would achieve these objectives. Note: There is a
special transitional rule included to allow the existing attached
townhouses to remain in place and to be subdivided for fee-simple
ownership.
Preliminary Recommendation. Based on the review given this matter
so far, and subject to further review following public hearing, the
Commission: (i) finds that the proposed amendment, if adopted, would be
in the public interest, '(ii) makes a preliminary recommendation
favorable to the amendment, and (iii) recommends that the City Council
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call a joint public hearing to consider this matter. The Commission
invites all interested persons to participate in the joint public
hearing.
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all voted "Aye", with Commissioners
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Voting "No".
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: ~
For the ommi sion
AMENDMENT TO:
SCHEDULE PDD- TH3
BROWNING TOWNHOUSE P.D.D.
("PDD- TH3 DISTRICT")
(a) Generally.
(1) This schedule applies only to PDD-TH3 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) M.2fthe provisions of this oldinallce shall applv to this disttict as ifit were part of the TII
~ict, except that the additional provisions set out in this schedule shall also aooh to this
district. In case of any contlict or inconsistency between any provision in this schedule and
any other provision of this ordinance, the provision in this schedule shall control.
(3) The owner ofa buildin~ site in this disttict lna\l elect to be ~ovemed b"Y all of the re~ations
applicable to sin~le-famih (detaclled) use. as if the buildin~ site were in the SF-3 District
and in liGU oElhe I e,aulations otherw ise applicable to the buildins site. Exception. the TII
District le~lations allowing. tlllC~ full stories. proiections of cantile'\ieIca ~4(,e into flont
Wds and front fences appl} t\1 all sihgJe-falllil}l uses 011 building sites ill II.is disllkL..ICSl:.ld
election is made in a fium...j21esclihed hy the building ufficia:l, and iraIl ~1,.h~lllati"1l5 are
complied with.. sin~le-falnily (detached) use is allo vv cd in this dish ict. Only the following
uses are allowed in the PDD- TH3 District, and each use is allowed only when there is
complicance with the regulations indicated below and other regulations imposed by this
ordinance:
Use Indicated Regulations
Conventional SF-3 District regulations.
single-family
(detached)
Application
The
regulations are
applied as if
the building
site were in the
SF-3 District.
(h) Additional site a itet ro.
(1) .I."atkitlJ! Ql'tas. TheIe nlUst be motol \lellicle parkin!! area which complies with A.Iticle 10 of
this ordinance,. e,xc,Gpt that onl, two parkins spaces per dwelling unit are required. rarking
shall not be pennittedabove &lound le'\iel
. (2) Additional ~l!!..'Ol1isi(}nJ. en If ~ buildiIlA site abuts Dlowni~ the:te may be on:lj one
curb cut on that street pel dwellin~ unit. eii) There may be no more than one curb cut on
AcadeIlly 01 on ""V-eslavan. (Hi) The desien of all access dri\lewClJs and other pathways must
be coordinated with aQi!cent ploperties so as to a1low.a coordinated and i~~~
circulation S'Ystem with the adioinine properties.. (i\l) Residents of adiacent buildine sites in
the sante district shall be ~[antedrishts ofi..ntreSs and e~ress o\ler the entire citetdation
system. ell) Each drivcway must be at least twentv feet wide. (vi) Cul-de-sac dmeways
may not exceed tift, feet in length ifatenninus is not prOvided, or 200 feet in length ifa
ternlinus is prollided. Termini must have adeauate dimensions t.o allow turninp;.
(3) Special setback l'tghlatimt.J (livillgJ]X1ce). No li\li~ space shall be permitted within the
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distances 11 om propel tv lines indicated below.
Condition
Distulla F1 om .r., opel ty Line (Feet)
FI (JIlt Side Side Ru'll
Stteet Sltut I'lOpelty J'rope1ty
Line Line Line Line
Blank building wall
01 wall with solid-
COI e, one-hour I ated
dOOl s sepal ates
living space fiom
pI Opel. ty line. 5
5
5
20
Ollie. building wall
sepal ates Ii v ing space
11 om pI Opel ty line,
and.
Six-fool or lalle!
fcr..cc 01 ..all stahds
betwccn building ahd
prop':'I.) lin.:.. 10 8 10 20
There. is no 511e.h Kjb...e.
01 wall. 12 10 10 20
Exception. Living space may project ihto fiout setback aleas if the space is. (a) all highet
than eight feet and (b) completely suspended 110m the remaindel. of the building by a
cantilevet 01 similalstmGtme. See, also, Table 7-2, entitled "Yards (01 'Setbacks')", which
allows celtain cantilevered building parts to project into fiont ym:ds.
(c) Additional bttikJillg CI ilel ro.
(1) Dwellinrtmit sfN-. TIl1ch dw~11iI'g unit must contain at least 1,400 sqt1a1e fee of gross floor
area and shall beat least sixteen 16 k~t in width (me2l!lured t.. indndl': ..lIt~id,., walls and
one-half ()f arty common walls).
(2) Spacing of dWieNil1g mItts. TIxu,pt wh(l;~ dwd'ill& IIIlit~Arl': ,lI:l1JAIAt~A 1.:y common walls, the
minimum distance between dwelling units ~an be as follows: (i) No part: .,f AI'} d""eHi"A
unit Jnt\Y be dosel than five ~et t.. An...',,.,r d""l':11ing Imit (ii) No. lltJind..1ltJ I..ay be ~losel .
tha11 flft~ feet to a facin~ \'Yindow to li\lil'ti space in anothc.r dwelling unit (iii) l>kith", "'Ii..!;
nor balconies mav be. closer than fort~ feet to a facini witldow h. livil'A ~1.A.(~ in AIl..ther
dwellil1~ unit. 0\1) Neitbel windows to li\linS space nOI ba:lCl..nies nlli}l 1.(1; cI..!;el thAIl twenty
feet to any facin~ wall of another dwe1litlg unit
(b) Existing attached dwellill~s (transitional mle) Any exi~tin[r ~ttllchen nwelling~ which r.nmplien
with this schedule at the time of their construction have PNC status under and subiect to Article 12 of this
ordinance. The minimum width for interior side yards for such dwellimz units is zero where there is an
existing common wall (or existing continuously-abutting seoarate walls) along the property line. in either
casewith a four-hour fire rating or better. The minimum number of parking $,paces is two per dwelling
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unit. and additional guest parking is not required. notwithstanding other provisions of this ordinance or :my
special exceotionissued under this ordinance.
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Exhibit B
NOTICE OF ZONING HEARINGS
The Zoning & Planning Commission and the City Council of the City of West University Place, Texas
("City") will hold joint public hearings in the Senior Wing of the Community Building, 6104 Auden Street,
West University Place, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on
September 28, 1998. Each hearing may be recessed and continued to the City Council meeting set to begin
at 7:30 p.m. on October 12, 1998 at the same place. The purpose for the hearings is to provide an
opportunity for parties. in interest and citizens to be heard in relation to proposals to amend the City's.
Zoning Ordinance, as follows:
(1) Weslayan at Bissonnet: This amendment would apply only to the Weslayan Townhouse P.D.D.
(PDD-TH4 District) bounded by Wesalyan, Bissonnet and Browning. It would allow "garden-
style" single-family use. The amendment would disallow single-family (attached) uses, sometimes
referred to as townhouses or townhomes, and delete the corresponding regulations. Garden-style
single-family uses would only be allowed under a site plan and a replat meeting specific rules. Basic
regulations from the TH District would apply, except: (i) there would be 18 unattached dwelling
units, each on a "fee-simple" building site (one dwelling unit per site), (ii) two 20-foot-wide streets
would be used in the initial site plan, (iii) two parking spaces per dwelling unit would be required,
with 15 additional spaces provided for guest parking in common areas, (iv) one interior side yard
per building site could be reduced to zero width,ifthere is an adjacent maintenance easement
platted and restricted as open area, and (iv) the minimum yard depths would vary as indicated on
the proposed site plan. The amendment would approve an initial site plan and authorize minor
changes to the site plan. The amendment and site plan would also impose other regulations.
(2) Browning near Wesalyan: This amendment would apply only to the Browning Townhouse
P.D.D. (pDD-TH3 District), which lies along the south side of Browning Street between Weslayan
and Academy. It would disallow new single-family (attached) uses, sometimes referred to as
townhouses or townhomes, and delete the corresponding regulations. The remaining allowed use
would be single-family (detached) under regulations applicable in the SF-3 District. Existing
attached dwellings would have prior non-conforming (PNC) status, and there would be provisions
for common walls and elimination of additional guest parking spaces.
Additional information on the proposals. as well as the Zoning Ordinance are all available for public
inspection in the City Secretary's Office, Temporary Municipal Building, 3813 Amherst Street, West
University Place, Texas 77005. The proposed amendments would be generally applicable within the
affected districts, and any person interested in such matters should attend the hearings. Each proposal may
be adopted only after notice and hearing, and it would control over any inconsistent provision in the current
Zoning Ordinance.