HomeMy WebLinkAboutOrd 1600 - amending zoning
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ORDINANCE NO. 1600
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF WESTUNIVERSITY'PLACE, TEXAS TO
PROVIDE FOR GARDEN-STYLE SINGLE-FAMILY USE IN THE
WESLAYAN TOWNHOUSE P.D.D. (PDD-TH4 DISTRICT); AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.
WHEREAS, the City Council and the Zoning & Planning COlmnission
("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 COlIDCil with
respect to such proposal, which report is attached as Exhibit A and made a part of
this ordinance; and
WHEREAS, the CityCmIDcil 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&PC in 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hereby repealed to the extent of the conflict only.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 be held 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 COlillcil officially finds, determines 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
confinnssuch notices and the contents and posting thereof. The City COlillcil
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.
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'" M- ~ PASSED AND APPROVED ON FIRST READING, this ..tB~ay of _
~19fB.
cOun=~~gAye: j^r~/ A.~ ~,,~."/ ~.;,'--'
Councilmembers Voting No: /7"~
Councilmembers Voting Aye: ~4~ to<-~...'..J
Councilmembers Voting No: #u/
COlmcilmembers Absent ~ "'" ~
Signed:
Attest
(Seal)
~~~
C' ecretary /-
ReJed:
City Attorney
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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 Wesalyan Townhouse
Planned Development District ("PDD-TH4 District").
To the Honorable Mayor & Members of City Council:
The Zoning & Planning Conunission of the .Ci ty subrni ts this,
its final report, on the subject proposal, for the assistance of
the Council as well as other interested persons.
Scope ofProDosal. 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
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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~ubsequent 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.
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.
Scope of Information Reviewed. The Commission has reviewed
development proposals and concepts for this district. The
Commission has_ also considered the effect of past dev~lopment
efforts. At the joint public hearing, approximatel~~ persons
made oral statements and a'l9ormdmat@.ly l1Q 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
The Vote. The following IT\e~ers of t1:le, Commissio.n _ altprove
this repo.rt: comm~. sioners 6 t.;t.l1MICA.fj-rht~, ~I ~~I
fZvs$ ~ all voted "Aye", with
Commissioners } ~fN..A) voting "No."
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
a~ ;!.~~
For the Commission
By:
.:f UJ\~ (j\fr- ~ ~1l~ ~'~ p~~ (t f.< -pl~( .4- c4J (f
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AMENDMENT TO:
SCHEDULE PDD- TH4,
WESLA Y AN 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 ofthe.Plovisions of this ordiltance sllall apply to this distlict as ifit \lVere part of
the TII distIict, except that tile additional Plovisions set out in tllis schedule shall
also appl~ to this distl k.L 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) On Iv the followin~ uses are allowed in the PDD- TH4 Di~tric.t ~nii E'!~r.h 111;1E'! 11;1
allowed only when there is compli~nc.p. with thE'! rE'!gJllM1om: 1nr1ir.~tpr1 be10yu and
other regulations imposed by this ordinance'
Use
Conventional
single-family
(detached)
Indicated Regulations
SF-3 District regulations.
.
Application
The
regulations are
applied as if
the building
site were in the
SF-3 District.
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This use is
allowed only
with an
avvroved
site vlan
coverinf! the
~
district. See
below.
TH District regulations. except:
i Onl sin le-famil detach
dwelling uriits 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 two parking spaces per
dwelling unit. plus at least 15 additionalparkin~ spaces
kept available for shared. guest parkin~ for all dwellini
units in common. The guest parking so aces must be
located as specified in an approved site plan.
(iv) One interior side yard per building site may be
zero width. ifthere is an adiacent maintenance
easement platted and restricted as open .area
(v) The minimum depth for yardsadiacent to a street
marking a boundary of this district is ten feet. unless
an approved site plat soecifies 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.
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 owner of a building site in this distIia may elect to be go'Ve11led by all of the
regulations applicable to single-family (detached) use, as if the building site wet:e in
the Sft-J DistIict alId in lieu of the regulations other wise applicable to the building
site. If such election is made in a 6:JrmlJle~GJiIJed hy the llllilliing IIffiLi"l, "I,n if~l1
the SP-J regulations ale complied with, single-family (detached) use is allowed in
tIns distIict.
(b) AdditiOIlQt' .site a itel fa. Site plan and replat reqpirements (rarde,n-.f~/;)Jle .~ingle-fnmily me)
(1) Site plan criteria There must be an ~pprovecl ~ite pl~m mp.p.ting ~11 nfthp. fnllmxnng
criteria:
(A) Size. The planned area must include the entire district
(ID Buildinf! sites and str1lctures. The plan must identifY each building site and
designate the front street line and other lot lines of each site The ieneral
definitions in this ordinance do. not determine such lot lines The plan may
specify the locations of entrances to buildings as well as related features
such as porches and balconies. The plan may also restrict openinis into
buildings and restrict the materials used for the exterior surfaces of
buildimrs. The plan may incOl:porate building drawings and specifications
submitted by any owner or proposed owner of the prO,pert;y
(Q Fee Simple Sites. Each building site must be planned for separate. fee-
simple ownership with only one dwelling llnit per site
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fill Access. ParkinJ!. EnvironmentalIssues. Vehicular access streets (pllhli~
and private), easements. curb cuts. parking spaces. hei~ht limits hlli1ilin~
lines. open areas and pervious areas must be identified and restri~ten hv thp.
plan so that: (i) anv impact on adiacent neighborhoods is minimi7.eil fii)
emergency and utility access are adeauate. (im environmental effects
(including runoff. tree impacts visual impact hulk li~ht l'Iir et~) ~rp.
mitigated. (iv) the planned area forms an effective trl'lnsition 7.one from
districts inside the City to higher-intensity uses outside the Cityl'lnil lv) 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 ann
the plan may be more restrictive than the other provisions of this orilin~n~p.
Building lines and yards m~y he prescrihed with vl'lril'lhle ilimp.m:iom:
@ Maintenance. Etc. The plan must prescribe (or inc01:porate) perml'lnent
provisions for access to and maintenance of private streets el'l sp.mp.nh:
common areas and common facilities
ill Incorvoration of Restrictions The plan must specific~l1y in~ol:por~tp. this.
schedule and the indicated regulations.
(Q} Improvements & LandscavinJ!. The plan shall specify any reauired
landscapimramenities . dedicl'Itions l'Inn improvemp.ntr;: np'~p'r;:r;:~T)' tn l'Qmply
with this schedule including pll'lns sne~ifi~Mionr;: ~onr;:tml'tinnprocedl1res
any reauirements for conveyances or dedications etc
(H) Site Plan Avvroval.
ill An initial site plan is hereby approved. subiect to the matters listed
below. The initial site plan consists of the plan sheets laheled
"COLLEGE PARK SITE PLAN." dated "August 13 1998" and
numbered "SP-l" throul1h "SP-5 " all ofwhi~h l'Ire on file in...the.. .
office of the City Secretary and incOl:porated into this schedule hy
reference. The initial site plan is ~proved suhiect to the fol1owin~.
-No replat approval is granted The draftT~plat is inclllileil nnly:ta...
show basic dimensions and layout. Separate replat &pproval is
reauired.
-No approval to sell or use a street area or other City propP.rty is..
granted.
-No exception from any non-zonin~ ordinance is grl'lnteil
-Authority to approve minor chanfles is only erl'lntenl'ls stMp.il
below.
iliL A subsequent site plan or m4ior amendment must he suhmitteill'lnil
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 chanlIe is a chanl1e
meeting all these criteria.
it does not increase the numher of ilwe11inp units nr thp.
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overall density of development:
it does not significantly diminish total yard area. any street
area; total parkin~area overalllandscapinV or over~lI
buffering features:
in the iud~ment of the a.pprovin~ officer or hociy it i!l.
consistent with the intent and concept of the initially-
approved site plan' and
it does not conflict with any orciimmce of the rit~
(iii) The buildin~ official may approve minor ch~nee!l. to ~n ~ppmvP.i1
site plan but only bv si2"ninp- ~ written ciocnment th~t i<: notpil on
the face of the City Secretary's ori~inal file copy of the !':ite pl~n ~nci
phy!':ic~l1v ~tt~checi to it The 7J&P(' mayappl'Ove miuOf CRauJ;teg
by a replat that is duly approved and recorded
(iv) In case of ;my im~concil~hle conflict hetweP.n lln llrrrrmed site pIau
and the remainder of this ordinance the !':ite plan contml!l.
(2) Revlat criteria. There must be a replat meetin~ all of the followinr- criteri~'
(A) Area. The reolatted area must include the entire district. although
boundary street areas may be omitted
an Fee Simple Sites Each hllilciinr- !l.ite mn!l.t he pl~tteci for <:P.p~rlltp fpp_
simple ownership. with only one dwellini unit per site
@ Buildinf! lines. site plan etc. The r~plat may impo!':e v~ri~hle hllilning-
lines. The replat must incOl:porate the salient feature!': of the then-cnrrent
site plan a!': well H!': thi!l. !l.chennle ~nn thP. inni~~teil rP.g;J1llltions
ilil Maintenance. Etc. The replat mllst pre!':crihe (or incorporHte) perm~nent
provisions for access to ;mci mHintenHnce of priVHte !l.treet<: e~<:P.ment<:
common area!': ami common fHcilitie!l. HlI in ~ form ~nil mllnner satisfactory
to the Z&PC.
ill IncorJJoration of Restrictions The z&pr mHY reqnire thHt the T;epbt <:tllte
that: (i) all restrictions and conditions on the r~plat shall mn with the lanci
as real property restrictions and (ii) th~shall he independently enforceHhlP.
by any person or entity having an interest in property included in the r~lat
(which may include the City) and by any homeowner's association that may
be created. Anv such enforcement by the Citv is an additional 'alternative
remedy for the City
(G) Avvroval Procedures. Replattin~ requires the standard appmv~1
procedures under state law and City orciinance!':indnciinr e? rhHpter 10
of the Code of Ordinances However any necessH(y heHrin~ m~v hI"
consolidated with a hearinv to con!':icier H !':ite pl~n nnner thi<: <:chennle
(1) FLllkil11! uletlj. Thele must be nlotol vellicle palkihg alea \1I;Ihich c"11l1,lie~ \1I;Iitl1
Alticle 10 oftllis oldihance, ~el,t th;l1 ;It 1t':;I!:.t ..nt': ,,],:.,.t': I,t':1 r1~,,",1IinB IInit chJlII
be kept available a5 illest ),;lrkillg P;llking ~I1;1I1IIl.t J.t': ]1l~r1I,ittl.-l ;II.. . v,,", Bll .1lI..-I
level:-
(2) Additional access ptO\,isiom. (i) If a IJllildil1g ~itt': ;JLllt~ I.. .tl1 \V,.,d:'Y;l11 ;llorl
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anothel stl eet. tllere Illa;y he \l1,1}! ..I.t': mil, ,.lIt ..n t"JI,.11 dll'o""t (ii) If a b1Jildi~ 5it~
b 1 n:T .1 . 1 I I I ~'H I €'''~
a tIts on)> vve!> ~an t lere m"Q' ,e I", .",,1.. t ,;111 tw.. ..111 . ..lIto:..n ~-<J AJAR. HI)'
The dcsiSh of all access dlivew"Q's 1l1,r1 ..tl1t':1 J,;lth~;ly~ h.lld I."". "o'dinll:t~cl nqth
adjacent pIoperties ~o as to allow a cOOldinated and inteilatcd d...III;1ti..l. !:.yd,",I,'
with tIle adjoining pI \lpeI1ie~ (i~) Rl'o"idl'onh "f ;lrlj;l. l'ol1t 1.1Ii1.-1il'B Sit~li in tb.1: same
distl jct shall be SI anted I isht!> of inSI ess and egl ess 0 v eI the eutil e G11 culation
s}stem. (v) Dad, dl i ve\1tlll} I..lld I.l'o ;It Il'o.:td tlll:i""nty f.o....t Ujide- ('.i) 011 d~ u.(
dri\iewa;ys nla;y !Jut exceed nAy ft~t':f in Il'ollgfh if JI t""ll..inm:. ilt not p'o'.id~d, ~l 200
fuet in len~th if a terminus is plovided Termil.i mllst 11;1~t': ;lrI"'qIlM. .-Ii.". IH.i..l1ll: to
a110w turnins.
(J) Additiol1Lll JetbLlck le:platio11S (firing .']k.ce) W..Ii"\'ling ~I':"'c dl;111 I.... I,I'"...,itt...,of
within the distances flO!JII'I\lJ,erty lint':!:. in.ii..;lft";r1I.I'I..~
Condition
Disftl11C(! F1 om J>lopel ty Lille (Feet)
PI out Side Side &cu
Street Street Property Property
Line Line Line Line
Blank building wall
01 wall with solid-
COI e, one-hoUl I ated
dool s sepal ates
livins space fiOIll
ploperty line. 5
5
5
20
Othe. building wall
sepal ates Ii v jug space
from propelty lille,
amr.
Six foot or talkr
fence 01 "all stands
bct",ccn building and
plopcrly tin",. 10 8 10 20
There is no such f"nee
01 ""all: 12 10 10 20
Excevtiml. Livins space 1l1"Y l'l\lject illt.. fi..llt ~etJ,;I,.k ;l1t':M iffh"" !:.l'.:t. l'o ilt (JI) JIll
hi~heI tIlan ei~ht feet and (b) completely sl1spended fll1n. the lel..;li"dt';1 ..ftbL
bl1ildin~ by a ca!Jtjlevel 01 silllilar structule See, also, Table 7-2, cntitl..d "Vllm.s....
(01 'Setbacks')". wllichallows certain cantile~eled IJuilding I,,'llt~ f" 1,I..jt';,.t iht..
flont yald~.
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(c) Additimkll bl1ilding C1 iteJ iLl.
(1) Dwelling unit sil.(!. Each dwelli~ unit nmst contain at least 1,400 square reet of
glOss RoO! alc.a and shall be at least sixteen reet ill width (measmed to include
outside \?valls and one-half of any common \1tIaI]s).
(2) SpLIcing of d,'lIelUng hnj(j. Except whele dwelling units ale sepalated by COlllnlon
walls, the nlil1imum di5tahce betvveen dvvelling units shall be as follows. (i) No
part of any dwelling unit lt1aybe closer than five reet to another d\1tlelling unit. (ii)
No window may bedoseI than fi~ feet to a facing windo\1tl to Ii~ing space in
anothel dwelling I1nit. (iii) Neither eaves nOt balconies maybe closer than forty
feet to a faci~ windo\1tl to living space in another dwelling unit. . (iv) NdtheI
\1tIindo\1tls to ]i~ihg space nOl balconies may be dosel than twenty reet to allY facing
\1tIall of ahothel d\1tlel]ing unit.
(3) Calif !yard. Not\?vithstahding any other p{o~ision of this oIdinance, thete may be an
enclosed comhaId fuImedb} a masom:y Fehce \II \1tIal1;d..ng tht': 1""]'.01''1')' linl'li;; il.
nont of the dwellin~ units. the fence \II \1tIA11 l.eing 11.. 1..,,11": th;ln ~I":v""n h', t 1.iS), in
front of the dweIlin~ units and n\lt Ih\lre tl,~11 I';ight ret':t l1ieh ..n 1hl': cirl""li;; .1U1n tl.""
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Notwithstanding anything to the contrary in this site plan: (1)
Building materials for each building will be brick or stucco, as
indicated, on all exterior walls, except that cantilevered sections
may contain fiberglass-reinforced cement board (e.g.. "Hardi-
plank"). (2) Height limits are 35 feet for principal buildings and 25
feet for all other structures. (3) A homeowners association with
assessment authority will be responsible for maintaining, repairing
and replacing all guest parking reserves, other common areas.
the perimeter fencing, all landscaping adjacent to streets, the
landscaping and other facilities in the triangular public space at
the western end of the District and other common facilities, as
more completely described in a document to be submitted to and
approved by the Z&PC as part of the replatting process. (4)
Schedule PDD- TH4 of the City's zoning ordinance as amended
from time to time is incorporated herein by this reference. (5) The
minimum open area for each lot is 25% and for the overall District
(excluding street area) it is25%. (6) The minimum pervious area
for each lot is 15% and for the overall District (excluding street
area) it is 15%. (7) It is unlawful to use or occupy any single lot if
common facilities (e.g., guest parking, permieter walls and
landscaping) are not provided, maintained, repaired and replaced
as required by this site plan or if the required open or pervious
area (either for the single lot or for the overall District) is not
provided and maintained. Exception: Landscapina "inside" the
perimeter wall (Le;. west of the wall alono Wesalvan and south of
the wall alono Blssonnet) may be postponed to avoid disruption
bv home construction. but it must be completed before occupancy
of the last home to be constructed. or bv November 1. 2000.
whichever first occurs. In addition: on Lot 18. the door to the
aaraae will not be closerthan 20 feet to the street riaht of wav
line. and there will be a driveway at least 20 .feet lono from the
oaraoe to the street riahtof wavline. Part of thisdrivewav mav be
inset beneath the second floor of the house on Lot 18. (8) HVAC
equipment may be located either at the locations indicated in this
site plan (without sound abatement features) or at the locations
otherwise required by the zoning ordinance (with sound
abatement, if required). (9) The design and construction
procedures (inCluding plans and specifications, permits, bonds.
inspections, "as built" drawings, etc.) for all street, water, sewer
and drainage facilities and all perimeter fencing, monuments,
landscaping and lighting must be submitted in,advance to, and
receive the approval of, the City Manager or his designee. (10)
Nothing in this site plan shall transfer or convey any street right of
way or other City property or interest in property, it being
understood that separate proceedings are required for that
purpose. (11) In case of irreconcilable conflict, the draft
subdivision plat controls over the other sheets of this site plan.
COLLEGE PARK SITE PLAN
August 13, 1998 Sheet SP-_
(as amended 9-28-98)
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