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HomeMy WebLinkAboutOrd 1539 - public hearing / amend zoning / townhomes ORDINANCE NO. 1539 AN ORDINANCE CALLING A PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO TOWNHOUSE REGULATIONS; PROVIDING FOR NOTICE, CONTAINING FINDINGS AND 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 Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 7:30 p.m. on November 11, 19 96. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30 p.m. on November 25, 1996. 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. The notice shall also 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. 1 , !----. I~.____O'~ r'" -111I1 --Jr.---- - -.--- --------0" ''''':fir! Imnrr- 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 orcrrcumstance, 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 confinns 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, thiso?~~ay of Lf/~~ , 19 ~ Voting Aye: Voting Nay: Absent: ~~ Bill Watson, Mayor ATTEST: (Seal) ~ewy~ Reviewed: j City Attorney 2 r=-p '--r-, r'"~C"-~~~'-"~'~"'iTIi1 ,ur----- :"":iii ilrllm~n Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 ~~ \.~ ,19<t" Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") 'relating to townhouse regulations. 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 This proposal would apply in the TH District and the townhouse Planned Development Districts (pDD-THl throughPDD-TH7). It would: (a) increase the maximum number of stories from 2~ to 3; (b) allow upper parts of buildings (above eight feet) to project into front yards or setback areas, if the projecting parts are cantilevered (or suspended); and (c) allow fences up to seven feet high in front yards. The exact wording is shown in the attachment to this report. The proposal would generally allow greater design flexibility in the townhouse districts, which generally form a buffer around the edges of the City. Preliminaxy Recommend~tlon Based on the limited 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 (ill) 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 V ote. T~ followip~.,qlt~mbers o. fthe Commission approve thil J]fe~nary repoq: Commissioners ((AlCS I ,~~ 13~~ I ~-u:s, ~ i ~~ all voted "Aye", with Commissioners . I -~N.. - Voting "No". 3 r.---.'--'-~"~.'--- L'l----'----r'~~-~~'~l ~-- ------u-,c:':':lililFllm'c-m- '-e~!"'~~~~~~lf' Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: '1L.rJ) e!Ln~ For the Commission 4 [ '...~~~~.~:.~rnr" --'ur "i'I!III'I:lllm' AMENDMENTS RELATING TO TOWNHOUSE DISTRICTS Amend Table 7-4 as follows: . Table 7-4. Buildio2S Buildings General Rule: Every structure must conform to the applicable regulations shown, by District, in this table.("NI A" means the rule does not apply.). Exceptions/Special Rules: (1) See special rules noted in table. (2) See PDD Schedules for Planned Development Districts. Item Regulation Dwelling units Maximum number per building site One, plus one accessory quarters 21.5 per acre. Two 24 per acre. See Uses table and Art. 9 Accessory building.<; Maximum number per building site Three N/A See Article J 0 regarding garage space. Height, maximum 25 ft. Principal buildings Stories, maximum Two and one-half I Three I Two and one-half 35 ft. See Note 2. N/A See Article J 0 regarding garage space. Height, maximum 35 feet; 25 feet in rear yard See Note J. Minimum groSs floor area 1,400 square feet, ifosed for residential purposes 750 sq. ft, each DU 35 ft. See Note 2. 1,400 sq.ft. Width, minimum N/A 1,200 sq. ft., each DU. 16 ft., each DU. N/A Other N/A See N/A See N/A Note 3. Note 4. Note J. Antennas and Chim~eys. Roof-moimted radi~ or television antennas on a principal building in a r";idential district may project up to four feet above the roof. The maximum height of chimneys attached to a principal building is the greater of35 feet orfoor feet above the roof. Note 2. Height In C District. Inthe C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 3. Building Detail TH District Afour-bourfire wall, or its equivalent, must separate adjoining dwelling units. The number of dwelling units it a continuous row may not exceed four, unless the row faces a street, in which case the row may not exceed a length of2oo feet. To separate a row of buildings, there must be open area at least five feet wide maintained so that firefighters with hoses could pass through. Note 4. Building Detail; GR2 District. The maximum length of a building or row of attached buildings is 200 feet. To separate buildings, there must be open area at least five feet wide maintained so that firefighters with hoses could pass through. EXHIBIT A (Paae~of totaIpsps) .~., I ,~-----r~~----~~Ihrl -Tifr.---- TT':iif1HTm------ Amend Table 7-6 as follows: Table 7-6.Pro.iections Schedule, page i Projections Schedule Type Of S1ructure Buildings Items above ground level: And Attached Eaves, cornices, roof Structures extensions, "greenhouse" and bay windows (no floor space), window sills, cantiJevered building space, window boxes, belt courses, window air conditionen; and similar parts of buildings. Items at and above ground level: Chimneyslfireplaces (with cross-sectional areas of 8 square feet or less) and similar parts of buildings. Porchesfplatfonns!decks higher than 14 inches, and similar structures attached to a building. Steps not higher than the first floor level. - General Rule: This schedule describes certain structures which are allowed to "project" into yards (or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures. See the "Yards (or 'setbacks')" and the "Open & Pervious Areas" tables. Maximum Allowed Projection (In Inches), Measured From Special Rules For The Inside Edge Of The Yard Calculating Open & Pervious Areas Front Yard Rear Side Yard SF Buf- Yard feryard IS". ~ IS" 24" except tbatno IS" The area does not count as Note 1.1 item below the open area eave may be closer than 36" to the SPL IS" 15" 12" except that no IS" The area does not count as item below the either open or pervious eave may be closer area than 36" to the SPL . 0, but see 0 0 0 The area does not count as Note 1.1 either open or pervious area. The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. 120" 0 0 0 The area does not count as either open or pervious area - Note 1.1. Cantilevered SlJace in Townhouse Districts. On a buildinlr site in a ~ .wnhouse districHincludinlr the TH and PDD- TH districts). a Dart of a buildinp: mav nroiect into the finnt vard an nnlimited clid~nC'P ;.r thP n~rl' i'l:1~ (~, ~11 hi cd1.M- tb~n .....nId f"AA+ ~9'lA ~) ~0IR9I 9't9lu susnended from.the remainder nfthe huilding hv'1tC".:infl1f~VM' nr <;::~ Note 1.1.- Porch In Front Yard. A porch may project up to 120 inches ifit is neither designed nor usable for motor vehicles and it is open and unobstructed around its entire perimeter, except for the following features: (a) Ordinary window screens. (b) The portion of the perimeter occupied by the remainder of the building to which it is attached. (c) Supporting vertical colunms if either of the following two circumstances is present: (i) the total width of the outer faces of the colunms is not greater than ten percent of the porch's open perimeter or (ii) there are no more than two colunms in the projecting part of the porch, and neither coluum is more than 12 inches thick., measured at its thickest point above 3.5 feet above the porch floor and along its greatest diameter (which would be diagonally, in the case of a rectangular coluum). (d) Asolid or partially open safety rail not higher than 3.5 feet above the porch floor. EXHIBIT 1L (Pal,elfk of totatpeges) Table 7-4>. Projections Schedule, JIlI2e ii Maximum Allowed Projection (In Inches), Measured From The Inside Edge Of The yam. Type Of Structure Buildings Items near ground level: And porches, platfonns and decks Attached higher than six inches but not Structures, higher than 14 inches, and Cont. similar structures attached to buildings Other parts of buildings and structures attached to buildings. Ground Sidewalks, patios, level and porcheslplatfonnsldecks, undergroun retaining walls, driveways, d items parking areas and similar structures not higher than six inches; all uncjerground structures. Mechanical Air conditioning equipment, Equipment pool equipment, and similar freestanding mechanical equipment Utility meters and related apparatus Front Yard 120" 0, but see Note 2. No limit, except that decks may not project more than 120" o o Rear Yard Side Yard No limit. 0 0, but see 0, but see Note Notes 3 and 4. 5. . No limit No limit No limit 0" generally,but see Note 6. No limit 15" SF Buf- feryard No limit 0, but see Note 3. No limit 0" 12" Special Rules For Calculating Open & Pervious Areas The area counts as open area. The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. The area does not count as either open or pervious area. The area counts as open area but not as pervious area unless the material is completely pervious to water. The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. The area does not count as either open or pervious area. The area may count as both open area and pervious area. Note 2. Gas Pipeline Sites. A pnnClpal buildmg may project into the front yard if (a) the building site includes land in the rear of the building site subjectto a gas transmission easement thirty feet or wider that is actually lraversed by a gas transmission (not distribution) pipeline; (b) no part of the principal building, except itelm that are otherwise allowed to project into front setback areas, is within twenty feet of the wnt street line; and (c) The entrance to garage space is not closer than thirty feet to the front street line. Note 3. Buildings InRear Yard or SF' Bzifferyard. Abuilding may be located in a rear yard or SF Bufferyard ifit meets all of the folloVlWg criteria: (a) No part of it may be closer than five feetto wm the rear property line (or to any SF District, ifin a SF Buffel)'ard). (b) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), it may have no window, door or other opening above the ground floor, except for opaque,l1OIHlpC1'lIhle openings or skylights. (c) Space in any projecting building may only be used for single-family (detached) use. (d) Space in the projecting part of a principal building may only be garage space and space located directly above the garage space (up to a maximum of600 square feet of space above). See garage restrictions in Article 10. Note 4. Railway/Gas Sites. A building may be located in a rear yard if: (a) the yard abuts land used for railway pllIJlOSeS or gas transmission (not distribution) pipeline purposes; (b) the building does not occupy any area subject to a utility easement or drainage easement, unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroaclunent; and (c) the building is an accessory building. If these criteria are met, the normal restrictions for rear yard projections do not apply (see notes above). Note 5. Garages In Side Yards. Each projecting building must meet all of the following criteria: (a) It must be at least three feet from the side property line (no projection toward the side street line being permitted. (b) The projecting part may only contain garage space and space above the garage. (c) Any projecting part must be at least seventy feet wm the front street line. (d) Within ten feet of another building site in an SF Dislrict (whether on the side, rear or otherwise), it may have no window, door or other opening above the ground floor, except for opaque, non-operable openings or skylights. Note 6. Equipment Tn Rear Yard. Indicated equipment may project only if (a) separating the equipment from any other building site abutting the rear lot line there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City, the City has issued a separate acquiescence or consent to the occupancy of the easement; (c) there has been fonnaIly granted to the city any utility easement deemed necessary by the City's chief utility official; and (d) the equipment occupies no part of any side yard. r:'~:Of'-;==="=~'-==-~"~"!~::::l:-~-~~"--"----y~',,cc,,"----""'--'.~'-'-"",-'-'o----r-'llT'T EXHIBIT..A... . (Page~of .-~~-irr- totaIP8IIS) ~ .':" :In-ll'r' IllIJ Type Of Structure Table 7-6. Projections Schedule, P82e iii Certain Accessory Structures Basketball goals Maximum AlIo The Inside Edge Front Yard 120" 0 120" 0, but see Notes 8 and 12. 0 0 No limit generally, but see Note 10. 24" No limit . . Playground equipment Flagpoles Fences Swimming pools Tennis courts (with associated screens) Lights and lampposts Gate closers Signs (see Code of Ordinances) wed Proj Of The Rear Yard No limit No limit o No limit o ection (In Inches), Measured From Yard. Side Yani SF Buf- feryard No limit No limit generally, but see Note 7. 0 No limit 0 0 No limit, but see No limit Notes 8 and 11. 0, but see Note 9. No limit 0 No limit No limit No limit generally, but see generally, Note 10. but see Note 10. No limit No limit 0 0 - - - Special Rules For Calculating Open & Pervious Areas The area may count as both open area and pervious area. The area may count as both open area and pervious area. The area may count as both open area and pervious area. The area does not count as either open or pervious area. 0, but see Note 9. The area counts as open area. Only the water area counts as pervious area. The area counts as open area but not pervious area (unless the area is made of grass). No limit general Iy, but see Note 10. The area may count as both open area and pervious area. No limit The area may count as both open area and pervious area. o The area does not count as either open or pervious area. Note 7. Basketball Goals. No part, of the equipment may be closer than ten feet to any street line. Note 8. Fences.. Fences may project into fioot and side yards to the extent eXpressly required or authorized by City ordinance (e.g., provisions in Chapter 6 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidentia1 uses, notes in this schedule or provisions in PDD schedules for fiont fences). Note 9. Swimming Pools. Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Note 10. Lampposts. Maximum diameter of projecting posts is six inches; maximum height is eight feet. Note 11. Rotated Corner Fences. Notwithstanding any other provision of this ordinance or any other ordinance, no fence is allowed in the side slreet yard ofarotated comer building site (SF-l District), except for temporary construction fences required by Chapter 6 of the Code of Ordinances. Note 12. Front Fences in Townhouse Districts. On a buildine: site in a townhouse district (includine: the TH and PDJ).. TH r1i"nct~\ th""" - ~be fences in the front yard. but not hie:ber than seven feet and not closer than five feet to the front !rtreet tin" Mrir"_,.,..,...,i..ht,. ()1'Ovisions in the PDD- TH schedules. or elsewhere. may also aoolv. '~-==-rJ- [-,. --~_C~'~~~'~1I1..l EXHIBlTL (Pliea..of total pageS) , iil----- --- -'~:T':iif:ilrm CONFORMING AMENDMENTS TO PDD SCHEDULES Amend paragraph (a)(3) of Schedules PDD-THl through PDD-TH7 to read as follows: (3) The owner of a building site in this district may elect to be governed by all of the regulations applicable to single-family (detached) use, as if the building site were in the SF-3 District and in lieu of the regulations otherwise applicable to the building site. Exceotion: the TH District reQ11lations allowing: three full stories. oroiections of cantilevered soace into front vards and front fences annly to all simile-familv uses on building: sites in this district. If such election is made in a form prescribed by the building official, and if all the SF-J such regulations are complied with, single-family (detached) use is allowed in this district. Amend Schedules PDD- THl through PDD- TH6 by adding the following beneath the setback table in pargraph (b)(3): * lixceptiolJ "li"QAg space ma,y pr.oje<:t mto ti-.ont ietba~k areai.if tbe ipar{" is' (a) ap higher than eight feet and (b) comoletelv susnended from the remainder of the building!?y ~cantileveror similar structure. See, also, Table 7-2, entitled "Yards (or < Setbacks')." which allows certain cantilevered building parts to project into front vards. Amendparagraph (c)(3) of Schedules PDD-THl, PDD-TH2 andPDD-TH4 asfollows: (3) Courtyard Notwithstanding any other provision of this ordinance, there may be an enclosed courtyard formed by a masonry fence or wall along the property lines in front of the dwelling units, the fence or wall being no more than six seven feet high in front of the dwelling units and not more than eight feet high on the sides and the rear. EXHIBITL (Pase 9.a. of total pages) .r,o==~~,"'~-F"~~~~~~-liTl I ,I '!IITlIT . --------- ';'r:iii'il'l'lm EXANJPLE OF A CONFORMED PDD SCHEDULE: SCHEDULE PDD-THt BELLAIRE BOULEVARD TOWNHOUSE P.D.D. ("PDD- THt DISTRICT") (a) Generally. (1) This schedule applies only to the PDD-THl 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 provisions of this ordinance shall apply to this district as if it were part of the TH district, except that the additional provisions set out in this schedule shall also apply to this district. 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 owner of a building site in this district may elect to be governed by all of the regulations applicable to single-family (detached) use, as if the building site were in the SF-3 District and in lieu of the regulations otherwise applicable to the building site. ExclWtion: the 111 District re~lations allowin~ three full stories, projections of cantilevered snace into front vards and front fences apply to all single-family uses on buildint! sites in this district. If such election is made in a form prescribed by the building official, and if all the SF-] such regulations are complied with, single-family (detached) use is allowed in this district. (b) Additional site criteria. (1) Parking areas. There must be motor vehicle parking area which complies with Article 10 of this ordinance, except that the minimum number of parking spaces per dwePffig unit shall be three where one space per dwelling unit is available as guest parking. Parking shall not be permitted above ground level. (2) Additional access provisions. (i) If a building site abuts both Bellaire Boulevard and another street, then all vehicular access shall be from the other street, and no more than two curb cuts shall be allowed. However, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Addition, if Lot 6 is included in the same building site or in a joint development with the other lots, vehicular access shall be limited to one curb cut on Mercer Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to two curb cuts. (iii) The design of all access driveways and other pathways must be coordinated with adjacent properties so as to allow a coordinated and integrated circulation system with the adjoining properties. (iv) Residents of adjacent building sites in the same district shall be granted rights of ingress and egress over the entire circulation system. (v) Each driveway must be at least twenty feet wide. (vi) Cul-de-sac driveways may not exceed fifty. feet in length if a terminus is not provided, or 200 feet in length if a tenninus is provided. . T errnini must have adequate dimensions to allow turning. EXHIBIT A (fa8e!:L:ot total pages) (3) Additional setback regulations (living space). No living space shall be permitted within the distances from property lines indicated below: Condition Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line * Line Line Line Blank building wall or wall with solid- core, one-hour rated doors separates living space from property line. 10 5 5 20 Other building wall separates living space from property line, and: Six-foot or taller fence or wall stands between building and property line: 12 10 10 20 There is no such fence or wall: 15 12 10 20 *Ii.:'<<:flptiQIJO Li1~ I1pa.ce may prgject iRtg frgut l1etback ar.ellg if the gpace il1: (a) &1l higher than eight feet and (h) completely su~ended from the remainder of the buildimr l2x a cantilever or similar structure. See. also. Table 7-2. entitled "Yards (or 'Setbacks')." which allows certain cantilevered building parts to project into front vards. (c) Additional building criteria. (1) Dwelling unit size. Each dwelling unit must contain at least 1,600 square feet of gross floor area and shall be at least sixteen feet in width (measured to include outside walls and one-half of any common walls). (2) Spacing of dwelling units. Except where dwelling units are separated by common walls, the minimum distance between dwelling units shall be as follows: (i) No part of any dwelling unit may be closer than five feet to another dwelling unit. (ii) No window may be closer than fifty feet to a facing window to living space in another dwelling unit. (ill) Neither eaves nor balconies may be closer than forty feet to a facing window to living space in another dwelling unit. (iv) Neither windows to living space nor balconies may be closer than twenty feet to any facing wall of another dwelling unit. EXHIBIT L (Page~of -:or ""__. ,..~ - L ~:,~--'~-:=:~~-'-""::~~-'~'-~,,,,::~~' z_.... -..,-~~-=~,-.._-.-,:,~ ,--~~-- - ---,- --::"~~-~nl~TI:!~'II'[[J -- (3) Courtyard Notwithstanding any other provision of this ordinance, there may be an enclosed courtyard formed by a masonry fence or wall along the property lines in front of the dwelling units, the fence or wall being no more than m ~pve'1 feet high in front of the dwelling units and not more than eight feet high on the sides and the rear. b31 :\54oztown(Rev.) EXHIBIT .11- (Page~of totaIpeges) eT~~.-~"~ c.--- - ITILl . "ITlIT"- ____m___________ rei:",lil: 11'['[rmU