HomeMy WebLinkAboutOrd 1612 - joint public hearing / amend zoning
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ORDINANCE NO. 1612
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON REVISED
PROPOSALS TO AMEND THE ZONING ORDINANCE OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS RELATINGTO TOWNHOUSES
AND HIGHER DENSITY RESIDENTIAL USES, WITH COMPANION
AMENDMENTS TO CHAPTER 20 OF THE CODE OF ORDINANCES;
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 ofthis ordinance by reference;
and
WHEREAS, "the City Council desires tocal! a joint public hearing on such
proposal, with companion amendments to Chapter 20 of the Code of Ordinances;
NOW, THEREFORE,
BElT ORDAINED BY THE CITY COUNCIL OF THEGITV 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 proposals described in Exhibit A.. The hearing shall be held
in the Senior Wing of the Community Building, 6104 Auden, West University Place,
Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on January 11,
1999. The hearing may be recessed and continued to the City Council meeting set to
begin at 7:30 p.m. on January 25, 1999 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 proposals described in Exhibit A.
Section 3 The procedures for adoption of the proposals 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 Counc.il on the question of adoption. The
procedures for enforcing the zoning proposal shall be as set out in the existing Zoning
Ordinance. The zoning proposal described in Exhibit A is hereby submitted and re-
submitted to the Z&PC for its consideration.
Section 4 The City Secretary shall give notice of such hearing as prescribed by
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this section. The notice shall be in substantially the form set out in Exl1ibit a, 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 posted at five public
places in the City, one of which must be the place used for posting notices of City
Council meetings. The notices shall be posted 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 i,nvalid 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.
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PASSED AND APPROVED this Jdy of Aa,~, 190
Voting Aye: .
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
December 14, 1998
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Preliminary report on proposals to amend the
zoning ordinance of the City of West University
Place, Texas ("City") to provide updated rules for
townhouses and other medium-density residential
uses, including provisions for "qualified medium
density subdivisions" and sketch plats.
To the Honorable Mayor & Members of City Council:
The Zoning & Planning Commission of the City submits this,
its preliminary report, on the subject proposals, for the
assistance of the Council as w~ll as other interested persons.
Scope of Proposal. The proposals are to amend the Zoning
Ordinance as indicated in the attached pages.
Companion Amendments To Chapter 20. Chapter 20 of the Code
of Ordinances regulates subdivision and platting. As companions
to the proposed zoning amendments, the Commission proposes ~
~llmJin~ amendments to Chapter 20, which are also indicated in
the attached pages.
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 amendments,
if adopted, would be in the public interest, (ii) makes a
preliminary recommendation favorable to the amendments, 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.
The Vote. The following members of the Commission approve/
this preliminary report: Commissioners Ra.5s. SAlJvel'1, WIh5IJ,v
all voted "Aye", with
Commissioners
Voting "No". #E'6o~ .,r(8STl1/1116D
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By: F~~n
Exhibit B
NOTICE OF ZONING HEARING
The Zoning & Planning Commission and the City Council of the City of West University
Place, Texas ("City") will hold a joint public hearing 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 January 11, 1999. The hearing
may be recessed and continued to the City Council meeting set to begin at 7:30 p.m.
on January 25, 1999 at the same place. The purpose for the hearing 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 and companion amendments to Chapter20 of the
City's Code of Ordinances, as follows:
(1) [Insert summary of amendment chart.]
(5) Definitions. Define "pervious pavement" to include both: (1) specially-
manufactured pavement blocks or grids that have holes filled with pervious
material, and (2) stones, bricks or pavers laid with intervening gaps filled with
pervious materials. Pervious pavement could count as pervious area only to the
extent specifically allowed by the ordinance. When allowed, only the holes or
gaps that are actually pervious would count as pervious area. If pervious
pavement lies atop an impervious base, none of it would count as pervious area.
Define "alley" to include any street area that is no more than 23 feet wide.
(6) Effective Date: A temporary limitation on building permits that incorporates
these proposals is now in effect. Passage of a final amendment adopting the
proposals could make the temporary limitation permanent.
Additional information 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 (TH, GR-1, GR-2) and in other districts
where single-family (attached) use is allowed (see, e.g., PDD-TH1, PDD-TH2, PDD-
TH5 and PDD;..TH6 Districts), and any person interested in such matters should attend
the hearing. The proposals may be adopted only after notice and hearing, and they
would control over any inconsistent provision in the current Zoning Ordinance.
Proposal C
Basic Approach:
Allow All SF Uses Everywhere. In GR-1, GR-2, TH and POD's 1, 2, 5 and 6, allow.
. townhouses, garden-style houses and conventional houses everywhere.
Additional: Allow duplexes only in GR-1
Allow apartments only in GR-2.
· Set Standard "TH" Rules for All SF Uses. Apply the TH rules for site-size, yard,
height, etc. to all SF uses (including garden-style and conventional) in all districts.
Exceptions: Apply special front yard rules in GR-1 and GR-2
Keep curb cut and guest parking rules in POD's
· Provide Incentives in "Qualified Medium-Density Subdivisions." Allow "qualified
medimum-density subdivisions" in GR-1, GR-2, TH and POD's. In a QMOS, provide
incentives for good site planning.
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Qualified Medium-Density Subdivisions
Amend Chapter 20 of the Code of Ordinances and the Zoning Ordinance to define "qualified meoium-density subdivision"
as a platted or replatted subdivision that meets all these criteria:
(7)
(1)
Internal Access Garages. It designates internal access garages for at least 80% of the lots in the subdivision
with sufficient driveways, alleys, curb cuts and maneuvering areas to serve them.
Low-Impact Motor Court Exception: For subdivision of an old building site (before October 24, 1987)
with a width of 51 feet or less, there may be a low-impact motor court instead of internal-access
garages.
(2)
Yards. It must designate all required yards (Note: Yards are required only around the permimeter of the
subdivision only, not internally.) . ~ , '.
Access, Parking, Environmental I u~. Vehicular access, driveways, maneuveri-J::as, streets and alleys
(public or private), ea. sements, curb U ,parking spaces, buidnng lines, open area.:r.:~~roVious areas may be
indentified and restricted by the pia so at, in the judgment of the Z&PC: (i) any impact on adjacent properties
or neighborhoods is minimized, (ii) mergency and utility access are adequate, (iii) environmental effects
(including runoff, tree impacts, bul ,light, air, etc.) are mitigated. The plat may require such areas to be larger
than otherwise required by this ordinance. The Z&PC may require dedication of a public street area or alley.
(3)
(4)
Maintenance, Repak, Etc. l!incorporates a permanent method for maintenance, repair, insurance and
reconstruction of: (i) private streets, driveways and common areas, (ii) external features of attached dwelling
units, (iii)common walls, and (iv) other common structures. The method must be either a homeowners's
association with full authority to perform these functions and assess the cost to the owners, or a substantially-
equivalent method-approved by the Z&PC.
(5)
Easements. It includes any necessary easements for access to common areas or structures and for
maintenance, repair or reconstruction of non-common structures.
(6)
Staggered Building Lines. ltincludes building lines '..ith 3l:aggered depths varying by at lca3l: oflefoot from lot
to lot, _ Ufllc33 a smeller stagger (or a l:Ifliferm buildiflg liRe) i3 approved by the Z&PC based upon the specific .
characteristics of the site and adioininaareas. Buildina lines may be deeoer than the otherwise-aoolicable yard
areas. Areas between abuildinajineand the street are desianated andreaulated as yards (front. side. etc.).
Title Block; Restrictions. The title block designates it a"qualified mediurn-density subidivion" andtincorporates
the applicable provisions of the Zoning Ordinance and Chapter 20.. It must recite.that all restrictions on the plat
or incorporated into the plat shall"run with the land" and shall be independently enforceable by any person or
entity having an interest in property included in the plat (which may include the City) and byanyhomeonwner's
association that may be created. Any such enforcement by the City is' an additional, alternative remedy for the
City.
Low-Imoact Motor Court
Amend Chaoter 20 of the Code of Ordinances and the Zonina Ordinance to define "Iow-imoact motor court" as a vehcile
parkina and maneuverina. area that meets all these critena: . .
ill' One Curb Cut. Onlv onecurbcutoer 50 feet of frontaae. maximum 12 feet wide (measured at the narrow ooint
of the a Dr on). .. . '--
m On-StreetSpaces. In GR-1 or GR-2. mustleave at least two 18-footcurb soaces oer 50 feet offrontaae.
ill Landscaped Buffer Strips. Must .includestrios five feet deeD in front. two feet deeD on sides. Must be
landscaoed with everareen hedaesor shrubs.
~ Street Trees. Atleast one er24 feefOTStreet frontaae (round down)
LID 'PerviOus pavemen["'" l'iilUStoe usea-fIirouCiliOUt.
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Key Rule Changes GR-1 GR-2 TH POD
Pervious Area, Front Yard. Minimum 50%. Exceotions: (i) 40% in a OMDS or (ii) '" '" '" .,
30% if there is a low-impact motor court in a aMOS, GR-1 or GR-2 onlv.
Pervious Pavement in QMOS, Generally. Allow pervious pavement as an ., ., ., .,
alternative to reinforced concrete, anywhere in a aMOS.
Pervious Pavement As Pervious Area in OMOS. Let pervious pavement count '" '" '" .,
toward front yard pervious area (up to a maximum of 30% of the paved area) in
aMOS.
Parking Space Setbacks. Set back 1 o feet from public streets or 5 fe ., '" .,
Rear YardlSF Bufferyard Projections in OMOS. Allow buildings up to 10 feet high '"
to project to within 1 0 feet of the property line in OMOS.
Street Access in OMOS. Allow access to fee simolelots by either private street or
public street (or alley).
Yards & Curb Cuts in QMOS. Treat the whole subdivision as if it were one building
site. and let the plat designate the front, side and rear yards.
This would eliminate all Minternal" yards, allowing zero-setback lots and
common walls within the subdivision, but not atthe edges. It should
provide much more planning flexibility.
Yard Projections in QMOS. Let the following project into the front yards, subject to '"
these limits:
-Principal Buildings. In GR-1 or GR-2 only, may project as close as 10 feet to a
street, if there is an open porch or court at least six feet wide and six feet deep
containing at least 80 square feet. At least half of it must be open to the sky . Inthe
projecting part of a building, the maxium cornice height is 27 feet, and there may be
no more than 2.5 storie7f"'\I\ ~ r) e&1 ~ t\j. ~A-
-Bay windows, "greenhouse" windows, window boxes, eaves, canooies. balconies,
cornices, roof extensions, and similar items may project 30 inches. beyond the
principal building, if they are at least 18 inches above finished grade. rEliminate
cantilevered soace exceotion in current ordinance.l
-Steps j;lnd handrails may project 30 inches beyond the prncipal building.
Guest Parking in QMOS. Allow shared or arouoedguest parking (without a special
exception).
This would allow fractional parking spaces.to be aggregated within the
subdivision, possibly reducing the total number of spaces required.
Low Fences in QMOS. Allow low fences (3.5 feet or lower) anywhere on a lot, if
made of ornamental metal or white pickets;
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Driveway/Maneuvering Area Widths. Set minimum width at 10 feet (17 feet if
!)No-way and serving three or more dwellling units). Widths are for .unobstructed
access widths" and pavement.
-Require a maneuvering area (which may overlap a driveway, a "recessed" area in
front of the aaraae ooenina and a oaralleloervious strio) of 24' x 20' oeroendicular to
every garage opening (or 24' x 10' for single garage).
Driveway Length. Set maximum length at 160 feet unless there is an aooroved
tumaroud ora second means of earess. Exceotion: Does not aoolv in a OMDS.
where the olat may orescribe an lonaer lenath if there is oroof there will not be
conaestion or interference trom maneuverina.
Driveway Landscaping Strip. Require a landscaping strip at least 18 inches wide
adjacent to each driveway parallel to a buidling, fence or OMDS subdivision
boundary.
Building Rows. Maximum length or width would be 130 feet.
Building Materials. Require the use of building materials of equal grade and quality
on all sides of each building. except along common waiL
Ouilding Height3. ncdtlec maximtlmhcight to 2:5 sterk3?
Curb Cuts. No more than 12' wide for any 50 feet of front or side street line,
measured at the narrow ooint of the aoron.
Parkina Spaces. 3.0 oer unit (1.0 forauestsl fexistina rule I
Parkina Spaces. 2.5 oer unit (0.5 for auestsl fexistina rulel
Special POD Rules. Delete all soecial rules exceot parkinaand curb cuts.
Sketch Plat Review.
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Companion and Conforming Amendments
(1) Zoning Definitions. Amend the zoning ordinance:
(a) To define "pervious pavement" to include both: (1) specially-manufactured pavement blocks or grids that
have holes filled with pervious material, and (2) stones, bricks or pavers laid with intervening gaps filled
with pervious materials. Pervious pavement can count as pervious area only to the extent specifically
allowed by this ordinance. When allowed, only the holes or gaps that are actually pervious count as
pervious area. If pervious pavement lies atop an impervious base, none of it can count as pervious area.
(b) To define "alley" to include any street area that is no more than 23 feet wide. ,
(c) To define "internal access garage" to mean an enclosed garage with a door that: (i) does not face the
front street line of that building site, unless it is 40 feet or more from that line, and (ii) does not face a
side street line of that building site, unless it is 20 feet or more from that line.
(2) Zoning & Platting Definition.
(3) Platting Amendment. Amend Chapter 20 (applicable to all development, except conventional single-family,
detached houses on lots 5,000 square feet or greater):
(a) to require the filing and informal review of a sketch plan before filing a plat or replat;
(b) to require the firmg of an official site plan as part of the filing package for any plat or replat, and to
require. that the official site plan meet City standards for approval;
(c) to require the permanent filing of each official site plan among the City's plat records. with the original
recorded plat; and
(d) to require that all construction in a platted or replatted area comply substantially with the site plan
submitted in connection with the plat or replat.
Review and approval of site plans would be handled by the building official, who may be advised by the Z&PC, a
committee of the Z&PC or a designee of the Z&PC. (Note: Appeals from the building official would be heard in
the usual manner, by either the SSC ortheZSA, depending upon the issue.)
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:'7
ORDINANCE NO. 1613
AN ORDINANCE PRESCRIBING A MODIFIED PUBLICATION.
SCHEDULE FOR NOTICES OF PUBLIC HEARING; CONTAINING
FINDINGS AND OTHER PROVIS'ONS RELATING TO THE SUBJECT;
AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance No. 1612 (adopted December 14, 1998) prescribed a
publication schedule for the January 11,1999 publiC hearing on zoning and subdivision
amendments, and a modified publication schedule has been proposed;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. Notices of the January 11, 1999 public hearing on zoning and
subdivision amendments shall be published as follows:
(1) in the City's official newspaper at least once on or before the tenth day
preceding the date of the hearing; and
(2) in another newspaper of general circulation in the City at least once on or
before the fifteenth day preceding the date of the hearing.
These publications are in addition to the posting of notices that are also required by
Ordinance No. 1612.
Section 2 All notices shall be in substantially the form set out in the attachment
to this' ordinance, which is made a part of this ordinance by reference. Notices
heretofore published or posted in accordance withthisordirlance are approved,
adopted and ratified~
S~dion 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance I or the application thereof to any person or circumstance. shan
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. Except to the
extent that notice provisions are modified by this ordinance, Ordinance No. 1612 shalf
remain in full force and effect.
Section 4. 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 pyblic as required by law at all
times during such discussion, consideration and action. The City Council ratifies.
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Oec-23-98 9:52j
Page 4/6
approves and confirms such notices and the contents and posting thereof.
Section 5.. 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.
PASSEDANDAPPROVEDthis~~aYOf ~~, 19~
Voting Aye:
Voting Nay:
Absent:
~~(Seal)
C. y ecretary ~
Re~~
I City Attorney
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