HomeMy WebLinkAboutOrd 1596 - joint hearing on proposal to amend zoning
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ORDINANCE NO. 1596
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO
AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS TO PROVIDE FOR GARDEN-STYLE SINGLE-FAMILY USE IN
THE WESLAYAN TOWNHOUSE P.D.D. (PDD-TH4 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 contlict herewith are
hereby repealed to the extent of the contlict 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.
PASSED AND APPROVED on first reading, this~ay of a,u~ ,1998.
Voting Aye:
Voting Nay:
Absent:
Mayor
ATTEST:
( Seal)
~ret~~(j "
City Attorney
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
August 13, 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 allow garden-style single-family use in the
WeslayanTownhouse District ("PDD-TH4 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-TH4 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 a new garden-style, single-family use in lieu of attached
townhouses. Basic townhouse regulations would apply to the garden-
style use, with exceptions. There could only be one house per lot, the
houses could not be attached, and each lot would have to be platted for
separate, "fee simple" ownership. This would produce a less-intensive
land use than townhouses, more akin to conventional,. single-family use.
However, the lots could be townhouse size, smaller than in the
conventional single-family districts. Also, many of the single-family
district regulations would not apply (examples: garage rules, framed
area restrictions) .
Under the proposed amendment, garden-style, single family use
would only be allowed if the entire district were developed in a
coordinated, integrated manner. The amendment would require a site
plan specifying protection for nearby neighborhoods, emergency access,
and numerous details of the development. An initial site plan is
incorporated into the amendment by reference. Subsequent site plans,
and major amendments to site plans, could be submitted, but their
approval would require notices and hearings the same as for other types
of zoning ordinance amendments. However, approval of minor amendments
would not require notices and hearings.
c
In addition to the site plan, a conventional subdivision replat
would be required. However, the review of the replat could be combined
with the site plan review.
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
call a joint public hearing to consider this matter. The Commission
invites all interested persons to participate in the joint public
hearing.
following member
Commissioners
this
/;
all voted ~Aye", with Commissioners
Voting ~No".
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: .1ldJ~
For the Commission
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AMENDMENT TO:
SCHEDULE PDD- TH4,
WESLA YAN TOWNHOUSE P.D.D.
("PDD- TH4 DISTRICT")
(a) Generally.
(1) This schedule applies only to the PDD- TH4 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) All of the plO\iisions oftllis ordinahce shall a1iply to this distlic.t as if it wele patt of the TIT
district, except that the additional Plovisions set out in this schedule shallalso apply to this
distIict. In case of any conflict or inconsistency between any provision inthis schedule and
any other provision of this ordinance, the provision in this schedule shall control.
(3) Onlv the following uses are allowed in the PDD- TH4 District. and each use is allowed onlv
when there is compliance with the re~lllations indicated helow and other r~~1l13tions
imposed by this ordinance:
Use
Conventional
single-family
(detached)
Garden-style
single-family
(detached).
This use is
allowed onlv
with an
approved
site plan
coveting the
entire
district. See
below.
Indicated Regulations Application
SF~3 District regulations. The
regulations are
applied as if
the building
site were in the
SF-3 District.
TH District regulations. except: The base
(i) Only single-family (detached) use is allowed. and regulations.
dwelling units shall not be attached. including all
(ii) There must be direct access to. each site by a regulations
platted street. which may be either public or private. imposed by
(iii) There must be at least two parking spaces per this ordinance.
dwelling unit. plus at least 15 additional parking spaces are applied as
kept available for shared. guest parking for all dwelling if the building
units in common. The guest parking spaces must be d site were in the
located as specified in an approved site plan. TH District
(iv) One interior side yard per building site may be with single-
zero width. if there is an adiacent maintenance family
easement platted and restricted as open area. (attached) use.
(v) The minimum depth for yards adiacent to a street
marking a boundary of this district is ten feet. unless
an approved site plat specifies a shorter distance.
(vi) Both a replat and a site plan meeting the criteria of
(b)' below. must cover the entire district.
(vii) Each area indicated on the site plan as open area
is subiect to all open area regulations under this
ordinance. .
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The owuei of a buildiu$i. site in this distlic.t mav elec.t to be $i.ovethed bv aU oftheteeulatiuh~
applicable to sin~le-family (detached) use. as if the buildin~ site were in the SF-J DistlKt,
and in lieu of the te$i.ulatiollS otllel wise applicahle to the buildin~ site. If such elec.tion is
made in a furm Plescribed by the building official. and if aU the SF-J regulations are
c.oI11plied with. sius.le-fanlih (detac.hed) use is allowed in this distlic.t.
(b) Additional site Cl itel h,. Site vlan and revlat requirements (J!arden-stvle. sinJ!le-familv use)
(I) Site plan criteria. There must be an ~proved site plan meetin~ all of the followinll criteril'l'
ill Size. The planned area must include the entire district.
Qll Building sites and structures. The plan must identify each building site and
designate the front street line and other lot lines of each site. The ~eneral definitions
in this ordinance do not determine such lot lines. The plan may speci:(y the locations
of entrances to buildinl1s as well as related features such as porches l'Ind hl'llconies
The plan mav also restrict openim!s into buildim!s and restrict the materials used for
the exterior surfaces ofbuildin~s. The plan may incOl:porate building drawin~s and
specifications submitted by any owner proposed owner of the property
iQ. Fee Simvle Sites. Each building site must be planned for separate. fee-simple
ownership. with onlv one dwe11in~ unit per site.
ill} Access. ParkinJ!. Environmental Issues. Vehicular access. streets (public and
private) easements cllTh cuts pl'lrkinv spl'lces heillht limits huildin~ lines open
areas and pervious areas must be identified and restricted by the plan so that. 0) a,ny
impact on adiacent neighborhoods is minimized (ii) emeq~encJ' and utility access are
adequate. (iii) environmental effects (including runoff tree impacts. visual impact.
bulk. light air etc) are miti~ated (i~) the planned area forms an effective transition
zone from districts inside the City to hivher-intensity uses outsicie the City l'Inci (X)
the planned area includes features to provide a distinctive identity for one of the.
main entrances to the City. The plan may require yards. open areas and pervious
areas to be larger than otherwise required by this ordinance and the plan mtly ~
more restrictive than the other provisions of this ordinl'lnce Ruilciinv.lines l'Ind Yl'lrds
mav be prescribed with variable dimensions.
lID Maintenance. Etc. The plan must prescribe (or incor:porat~ permanent provisions
for access to and maintenance of private streets. easements. common areas and
common facilities.
ill Incorvoration of Restrictions. The plan must specifically incorporate this schedule
and the indicated re~ulations.
(ill Imvrovements & LandscapinfJ. The plan shall specifY any required landscaping
amenities. dedications and improvements necessat:Y to comply with this schedule
includin~ plans specifications constmctidn procedures l'Inyr~lJuirements for
conveyances or dedications etc
(H) Site Plan Approval.
ill An initial site plan is herehy approved suhiect to the matters listed helow
The initial site plan consists of the plan sheets labeled "COLLEGE PARK
SITE PLAN." dated" August 13. 1998" and numbered "SP-1 " through "SP-
6 " all of which are on file in the office of the City Secretat:Y and
incorporl'lteci into this scheciule hy reference The initil'll site pll'ln is tlVproved
subiect to the following: .
-No replat approval is iranted The draft replat is included only to show
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basic dimensions and layout. Separate replat approval is reauired.
-Not approval to sell or use a street area or other City property is granted.
-No exception from any non-zoning ordinance is granted.
-Authority. to aoprove minor changes is only granted as,stated below.
(m A subseauent site plan or maior amendment must be submitted and
considered in the same manner as other amendments to this ordinance: see.
e.g.. Article 14. A maior amendment is any amendment except a minor
change. A minor change is a change meeting all these criteria:
it does not increase the number of dwelling units or the overall
density of development:
it does not. significantly diminish total yard area. any street area. total
parking area. . overall landscaping or overall buffering features:
in the iudgment of the approving officer or body. it is consistent with
the intent and concept of the initially-approved site plan: and
it does not contlict with any ordinance of the City.
(iii) The building official may approve minor changes to an approved site plan.
but only by signing a written document that is noted on the face of the City
Secretary's original file COpy of the site plan and physically attached to it.
The Z&PCmay approve minor changes by a replat that is duly approved and
recorded
(iv) In case of any irreconcilable conflict between an a.pproved site plan and the
remainder o[this ordinance. the site plan controls.
(2) Revlat criteria. There must be areolat meeting all of the following criteria:
(A) Area. The replatted area must include the entire district. although boundary street
areas maybe omitted.
lID Fee Simple Sites.. Each building site must be platted for separate. fee-simple
ownership. with only one dwelling unit per site.
(D) BuildinJ! lines. site vlan. etc. The replat may impose variable buildin~ lines. The
replat must incorporate the .salient features of the then-current site plan as well as
this schedule and the indicated regulations.
[ID Maintenance. Etc. The renlat must prescribe (or incorporate) permanent provisions
for access to and maintenance o[private streets. easements. common areas and
common facilities. all in a form and manner satisfactory to the Z&PC. -
ill Incorporation of Restrictions. The Z&PC may require that the replat state that: (i)
all restrictions and conditions on the replat shall run with the land as real property
restrictions and (ii) they shall be independently enforceable by any person or entity
havin~an interest in property included in the replat (which mayincludethe City) and
byanv homeowner's association that may be created. Any such enforcement by the
City is an additional. alternative remedy for the City.
(G) Avproval Procedures. Replattin~ requires the standard approval procedures under
state law and City ordinances. including. e.g.. Chapter 20 of the Code of
Ordinances. However. anv necessary hearing mavbe consolidated with a hearing to
consider a site plan under this schedule.
(1) .Lnm king ,,' el./s. Thel emust be It'lotor '\1ehkle pel! king al ea w hieh complies with Article 10
oftl1is OIdinanee, exeept that at least one space pel dwellihg unit shall be kept available as
~uest parkin~. ralkin~ shall hot be pellnitted abo~oultd level.
(2) Additimll,! ,recess plOvisimls. (i) If a building site abuts both ~v-Veslayan and anoth~ stleet,
thcl G may bG onl y onGcurb cut on cadI stI GCt. (ii) If a buildinA site abuts onl:y ~vVeslayan,
there may be hO 1/101 e than two cm b cuts on v; eslayan. (iii) The desi~n of all access
dIivewa~s and othel pathways must be coordinated with adiacent properties so as to MI"w ~
coordihated and inteilated cilculatioll systen. with the adjlli..i..g 1''''I,eltie~ (iv) Rl'"ltirfents
of adjacent buildinp, sites ill tl.esan.e distlict shaH be lllanted ri~hts ofinilcss and ~Iess
ovel the entile circulation s~stem (v) Ead, dlivewa}' Ilmst Leaf lea~f twt";llty f..:t";t ~i.-1...
(vi) Cul-dc,-sac dIivewaV5lilav not excced fifh feet in len~thjfa terminus is not prllvided
01 200 feet ililehllth if a tellninus is Plovided Telluini nlust l.jive Ade'l1IMedil..t";l1lti..111t t..
aUo w tm ning.
(3) Addifimkll JetbLlck 1egnl..:zfimls (living spact:). No livini spAce shAII1.e l,el mitted withi.. tl.t";
distances fiom plOpelty lines indicated Lel"w:
Cmldition
Disttlnce Flom Inl ODel tl1 Line (Feet)
F1(>>1t Side Side Re(.l1
Street Street Property Property
Due Line Line Line
Bbmk building ~a.ll
01 waU witl15olid-
COI e, one-hoUl I ated
doOlS sepal ates
living space fiom
pIopelty line. 5
5
5
20
Otlle. building wall
sepal ates Ii v il.g space
fi om pI 0 perty line,
and:-
Six foOl 01 laIlel
fence. 01 ~aIl stands
bctwcw building and
pI Op('1 Iy line. 10 8 10 20
The.le. is no such fe.nee
01 ~aIl: 12 10 10 20
Excepfiml. Livi1lg !'>I,.1'lce ll,ltY l,hyed int.. "..Ilt !It'';tl.a,,k "1I,:\It ift]" ~l'''''' i' ilt (.1lo)...11 higJ.I"
than ei~ht feet and (b)completd} susI,e..ded filii.. the lel..aillliel ..ff],t"; Lllil.iillg 1.)' ...
cantilevcI 01 similar structl1le See, ah", Tal,le 7-2 el1titlt'.c! "YAI,11t ("1 '~t";I1.;\, h')", vvhi,l.
(tHows celtain Cantilevered buildins parts to plQject intu fiont yalds
/ ~ Lftld:r 1 b .'tJ:: ..
I C I ImlQt lilt. .ll1~ CJ IUlla.
(1) DH:!efliI1R hl1ii .siu. Each d wel1in~ unit HUlst contain at leAst 1,400 squAI e feet "f gl "ss fl.,,,1
aIe(1 and sl.al! he at least ~ixtee" reef ill width (l"t";altlllt";dto include outside walls and one-
l~of a~ conll/lull tl'Vall~)
(2) Svacilff! of dwellint units. Except wilel e dwelling l1..its 21.1 e sel,alated 1t}1 ""mm,,1l w:alls, the
miniIntllll distance between dwellini units SI,MI he as fUlows: (i) N.., l,alt "fallY dwellilli
ulJit !nay be c10seI than fi'Ve feet to anotheI dwelling unit. (ii) No window nla:}1 be closer
than fifty feet to a facing window to livin~ space in anothel dwelling ul.it (iii) ~.feither
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eaves nor bakol1ies Illay be dosel tl1(1,l1 IDlty feet to a facil1~ window to livin~ space in
anotl1el dwellin~ ul1it. (iv) Neithet wihdows to li\lil1~ space nOl balconies mav be closet
than twehty feet to anv facin~ wan of anothel dwellin~ unit.
(3) Cow tywd. Notwithstalldin~ any other provision Oftllis OIdinance, there may be an enclosed
court:yald mUlled b:~ a masolllY fence or wall alon~ the propeItv lines in fiont of~
dwelling units, tllefehce 01 wall beinp, no mote than seven feet hi~h in front of the dwelling.
units and not nIOIc, than c.ip,l1t fc.C,t hi~h on the sides and the real.
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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 7:30p.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 WeslayanTownhouse P.D.D.
(pDD-TH4 District) bounded by Wesalyan, Bissonnet and Browning. It would allow "garden-
style" single-familyuse. 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 betweenWeslayan
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.
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