The URL can be used to link to this page

Home My WebLink AboutOrd 1599 - amending zoning e-0 ORDINANCE NO. 1599 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO THE BROWNING TOWNHOUSE P.D.D. (PDD-TH3 DISTRICT); AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission ("Z&PC") of the 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 refonnatted and readopted by Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance"); and WHEREAS, 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 I. The Zoning Ordinance is hereby amended as indicated in the attaclnnent 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 Section 2.- All ordinances and parts of ordinances-in conflict herewith are hereby repealed to the extent of the conflict only.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 ever be held to be invalid or lIDconstitutional by any court of competent jurisdiction, 1 I. -:1 ____....:1 r:---:-. .--m::J. __ _~___--'---_.cL. i:J:.JLI ---~IT~ ~1Tn'ffT7"'--- -- --- 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. The City Council ratifies, approves and confinns such notices and the contents and posting thereof. The City Council officially finds, detennines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confinns 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. 2 .... . .- .. 1~-~1-----'-.-... - ''''.''in, I l'I:I~ r ------,----,---,---,-,-----,--,--,----,---------,"rl'~"'l'""';"-T1-mf"7T-------- -------- 4 PASSED AND APPROVED ON FIRST READING, this ~y of deMk.., 19 ~ Councilmembers Voting Aye:~#l h6 ~~-r~.;r,. .. 1~ LlatY~r .t':d~ ~ ~~ Councilmembers Voting No: 7fl'~ Councilmembers Absent: .y;::?~ J!J~ /J PASSED AND APPROVED ON SECOND READING, this ~ day of e/~ , 19'~ COlillcihnembers Voting Aye~A- r~/ Councilmembers Voting No: \Y/~ Councilmembers Absent: -r--.b-- ~ ~ .. ~-~ Si ed: Mayor Attest: (Seal) ~~~ ~c~etary (7 City Attomey b43 :\540amtb3 .3 .- il;, .1 II '.:1111.:'1 --- -~r~Il"""'~""l"'~-- ---- Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 September 28, 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 ("City") relating to the Browning Townhouse Planned Development District ("PDD-TH3 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. 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 homes. 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. Eliminating 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 4 r . ..-"" ~ "IIT':::a IddLI - --~----- - n___ ---"---'-'"'rf:!"r:~"~::ij~l""'~ ---- for fee-simple ownership. Scope of Information Reviewed. The Commission has reviewed development proposals and concepts for this district. The Commission has also considered the effect of past development efforts. At the joint public hearing, approximately~ persons made oral statements and :tppronilR3.t01-v l1.o 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: (i) 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 Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST IVERSITY PLACE, TEXAS By: 5 AMENDMENT TO: SCHEDULE PDD-TH3 BROWNING TOWNHOUSE P.D.D. ("PDD- TH3 DISTRICT") (a) Generally. (1) This schedule applies only to the 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) All of tile plO\lisions of this OIdinance 5hall <l.PIJly tll thi5 di5trict,,~ if it wt':N': I,;!I"" ..fthe, TII dishict. exc~t that the additi\JnallJllIvi5i\Jn~5et .JUt ii, Ihi~ 5..1,f':r1I1It': d.;\l1 ;\1(... ;\I'I,ly to this dish ict 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) The ownel of a buildin~ site in this district ma;y elect to be ~ovelned by a:lll1f~ re~ulatioliSapplicable to sihgle-family (detached) use as if the buildillg5ite wele in tI,e SP-J Distlict aI1d in lieu of tile re~ulatiohs otherwise applicable tll tI,e IJuilding ~ite Exception. theTIIDistIictreaulation5 alluwing tl.lee fhI15tlllie~, I,..ye..li....~ lIf cantilevered space into flont valds and flontfences al1ply to all sin~le-family use5 011 buildin~ 5ite5 in tl1i5 di5tlia Tf~hJ, dedi.... i~ I.."eft': ilo -,n,II,' I,It':c::. ,il.""r11.y fl.1' building official, and if all such I egulations al e complied with, single-family (detached) use is allowed in this district Only the following uses are allowed in the PDD- TH3 District, and each use is allowed only when there is compliance with the regulations indicated below and other regulations imposed by this ordinance: Use Indicated Regulations Conventional SF-3District regulations. single-family (detached) Application The regulations are applied as if the building site were in the SF-3 District. (b) Additional site C1 fiel ia. (1) Il.arkil1fareas. There must be motor \lehicle parking alen wl.icl1 ClInll,Iie5 with Article 10 of this ordinallce~ exce.pt that only two parkina spaces pel dwelling 11l1it a.re r~d. Parkin~ shall not be permitted abo\le around level (2) Additional access wol1isfons.(i) Ira buildina site abuts Dr ownihg, thel e I..ay IJe unly one CUI b cut on that stJ eetpel dwelling unit (ii) There may be no mOl e than one Cui b wron Academy or on "vVeslayan. (Hi) The design of aU access dri~ewa}'s and other 6 r - 0._. m-. '11'----- - -~-- - ----.--'-'''~,.~;r"'''''"'~l'!r'''''.,- 'J) pathways m t b d' uS e wOldtl t d an. lIlte~[ated dlculaf 1(\ e wtth adiacent PIO . adia""ut building' '.on system with the .d' . PG.tK.S SU.. It> .II,,", 'h:.o' tho ~lltiJ e o:~ ~n the ...~ distl iot s~.ng p.oporti.,.. (i,) R~ ';" dinated ( ,1\ Cul-de-sa< d . u atlon s,stom. (,) IJ I d . 0 '" ""te,! · i.hts of' est ems of ~(O,id<d o{ ~oo",ew',s n~ not exce ';;' I I"e"~ must be.t I llI81e~..1d I'llIC!! dimeusiaris l<l 011 feet in lellAthif . to. m~ fi~ feet in length if . /;"t t "e1l1;) feet "ido Sped .,' b 0," tw nillg. DdS IS O' 0, idod T ..' mlDtls is ""t d' .,..1 ack I~I' . elfillD must I ~'Il4lI~ fi -""",,"}I" (livi- _ _. Ia,e ad<<.tuate _ "Ill pl\ll,el1 r . ~~~l"'~, No r . y Ihe~ lI.dic2lted 1 1 ivinS!: space shall b . 1e.1I IN : e pel mltted w itl . tin the D' - Is/una F/ mIl n 1+. .I rope/ #H .L . .I 1011t Side. Side ,;)' Ll11e (Feet) Sf/ut Sheet n ReCI1 Line Lt"1 . ~ / opel ry .In/ ()flR/ ffi . e Line r'" OJ Line C(Jl1diti(Jl1 Dlankbuild. . mg wall 01 wall with solid- core 0 I , . ne- lour I ated ~O~I s sepal ates II v inS space fi Oh1 plOpeIty line. 5 5 5 20 Othelbuild' mg wall sepalates living space fiom plopert r and. y Ine, Sb.-foot o[ ta:llci fence, 0 I \\all stands bct.\~n build' Ing lInd pIOpelly line.. 10 8 10 20 The.Ie. is no 5 ell f, Of \'Vall. . u ence. (c) Additiml 'b . 'd' 0' Ut ttlt mg . D..~e 77' cllte/ itl. fl ttl11J! unit size. Each d . oor at eel and shall be at le::h~~ unit must contain at I sixteen 16 feet in width (::~s~~~O t sa.ua1 e fee of ~l OS5 o mc1ude outsid 7 e ~ walls and one-half of any commoll walls) (2) S.0:tcill~ of dtt!dlin~ units. Ex:~ept where dwelling units ale sepauted by C"Ill"',," 1lIiJ\11~> the mininlUll1 distan~e betwe~n dwellin~ units shall be as fullows: (i)N" I,art "f C1.l1,)' dwellins unit may be. Gloser tIlah five. fed to another dwellini uhit (ii) N" wi..d..1lIi III;ty be closer 1Ilan fift'\1 feet to a faGing Willdow to livin~ space in another dwellin~ unit (iii) Neither eaves nor balconies nut} be closer than rort} feet to a facihi wind"w h, li~i"g space inanotherdwellini unit (iv) Neither wind"ws t\l living SI,ace rn,r l,ak..l1ie~ mJ\Y be closer than twellty feet to an} facing wall 'If anllthel dwelling ullit (b) Existinf! attached cn.llellinf!s (transitional rule). Any existing attached dwellings which complied with this schedule at the time of their construction have PNC status. under and subiecttoArticle 12 of this ordinance. The minimum width for interior side yards for. such dwellini units is zero where there is. an existing common wall (or existing continuously-abutting separate walls) aloni the property line in either case with a four-hour fire rating or better. The minimum number of parking spaces is two per dwellin~ unit. and additional guest parking is not required. notwithstanding ot~er provisions of this ordinance or any soecial exceotion issued under this ordinance. 8