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HomeMy WebLinkAboutOrd 1595 - joint public hearing on proposal to amend zoning <p' 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. ~ 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) ~~~ R0\4-r:. "" ,p. ..6\ City Attorney b42:\S40TH4 - " ..---'--~~c---~-- - ------c"-:il"Tl'j"""-''''i=C"'<,..,.-- 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 11 r------'~._-c-------.- - -~.'-:'l'-'fff-"""'!'"';' _____n___ call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. '/ all voted "Aye", with Commissioners ~~ 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 ..........1: ------ "T'~fl''''''''' ,",'" 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 - 'rrr-. Ilr "T'"f'"'Frr=''''r'-'''---"~------- unit. and additional guest parking is not required. notwithstanding other provisions of this ordinance or :my special exceotionissued under this ordinance. ,- 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.