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Home My WebLink AboutOrd 1543 - amending zoning / townhomes ORDINANCE NO. 1543 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO TOWNHOUSE REGULATIONS; 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 certain townhouse regulations in the Zoning Ordinance of the City, as last reformatted and readopted by Ordinance No. 1493, adopted December 19, 1994 ("Zoning Ordinance"); 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 1. The Zoning Ordinance is hereby amended as indicated in Exhibit B, 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 ~ver 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. 1 1..'_ 1-- :"'J:-:-:--::_~:__::J.~-~~==C-C_=="=-'"""~ I :i~ii]Lf"'---- - '--"r:.r~111r-mfmlIf---- Section 4. The City Council 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 confirms such notices and the contents and posting thereof. The City'Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms 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 --'."'---"L!~~IO-:,L:I --------r-o., .. - ,,!L_I . ..:. L::i.llLlLIII ^~.. -----O--,,1;:r:.-~ir~mjnrnr,--- PASSED AND APPROVED ON FIRST READING, this ~ay of ~ ,19~. Councilmembers Voting Aye: aff Councilmembers Voting No: ~ . / - ~~~ Councllmembers Absent: ~..eJ /?,t4? . Signed: ~ ~ Mayor Attest: (Seal) ~~~ tty Secretaty Reviewed: J~- .... City Attorney b31 :\540zthl 3 -~---l:~'''-=_u-:-J-_, .1::1 L- ...,.....'1['1 ,;..;,,:~ . ---~ in:li1 iirmriIf- . AMENDMENT OF.REGULATIONS RELATING TO TOWNHOUSES 16 ft., each DU. _ N/A _ f;;e3. _ N/A I f;;e4. E Note]. Antennas and Chimneys. Roof-mounted radio or television antermas on a principal building in a residential 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 or four feet above the roof. ' Note 2. Height In C District. In the 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 Detai~ 11l District Afour-hour fire wall, orits equivalent, must separate adjoining dwelling units. The number of dwelling unitsit iii a continuous row may not exceed four, unless the row faces a street, in which case the row may not exceed a length of200 feet. T <>' 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 orrow 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. Amend Table 7-4 asfollows: Buildings Item Regulation Dwelling units Maximum number per building site Accessory buildings Ma.ximum number per building site See Article] 0 regarding garage space. Height, maximum Principal buildings Stories, maximum See Article 10 regarding Height, maximwn garage space. Minimum gross floor area Width, minimum Other _ Table 7-4. 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. One, plus one accessory quarters 21.5 per acre. Two 24 per acre. See Uses table and Art. 9 1bree N/A 25 ft. 35 ft. See Note 2. Two and one-half. I Three I Two and one-half. N/A 35 feet; 25 feet in rear yard. See Note ]. 35 ft. See Note 2. 1,400 square feet, ifusedfor residential purposes 1,200 sq. ft., each DU. 750 sq. ft, each DU 1,400 sq. ft. N/A N/A F,...,""=~==="._-.;o;::--,o-"""-="';"=~""'" .'"' Amend Table 7-6 as follows: Table .7-6. Projections Schedule, page i Projections Schedule Type Of Structure Buildings Items above ground level: And Attached Eaves, cornices, roof Structures extensions, "greenhouse" and bay windows (no floor space), window.silIs, cantilevered building space, window boxes, belt courses, window air conditioners and similar parts of buildings. Items at and above ground level: Chimneys/fireplaces (with cross-sectional areas of 8 square feet or less) and similar parts of buildings. Porches/platforms/decks higher than 14 inches, and similar structures attached to a building. Steps not higher than the first floor level. ~ Note 1.2.. . GeneralRule: 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 Ed e Of The Yard Calcu1ating Open & Pervious Areas Front Yard Rear Side Yard SF Buf- Yard feryard IS". ~ 15" 24" except that no 15" 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 15" 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 l.Z 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. Cantilevered Space in Townhouse Districts. On a building site in a townhouse district (including the TH and PDD- TH districts). a Dart of a building mav tJI"Oiect into the front van! an unlimited distance. iItfieoart IS: (a) alfliimei1!iiiii"e@iiTeetiiii(f (Ill cOl}mletelv susDended ~the remainder of the building ~a cantilever or similar structure. Porch InFront Yard. A porch may project up to 120 inches if it is neither designed Ilor 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 occupiedby1he remainder of the building to which it is attached. (c) Supporting vertical coluDUlS if either of the following two circumstances is present: (i) the total width of the outer faces of the, columns is not greater than ten percent of the porch's open perimeter or (ii) there are no more than two columns in the projecting part of the porch, and neither column 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 column). (d) A solid or partially open safety rail not higher than 3.5 feet above the porch floor. ~="'".=~~~ '-;-'l~:";:m :ll:flll'nr-- roo, .._.~.-"'--===--''''~ ,:~--- Table 7-6. Projections Schedule, Pll2e ii Maximum Ailowed Projection (In Inches), Measured From The Inside Edge Of The Yard. Type Of Structure Buildings Items near ground level: And porches, platforms 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 porchesfplatforrns/decks, under- retaining walls, driveways, ground parking areas and similar items structures J!.ot higher than six inches; all underground structures. Mechanical Air conditioning equipment, Equipment pool equipment, and similar freestanding mechanical equipment Utility ~eters 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" Special Rules For Calculating Open & Pervious Areas The area counts as open ~ The area beneath a deck may count as pervious area if rain is allowed to pass throu~ 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. SF Buf.. feryard No limit 0, but see Note 3. No limit 0" 12" Note 2. Gas Pipeline Sites. A principal building may project into the front yard if: (a) the building site includes land iIi the rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a gas transmission (not distnbution) pipeline; (b) no part afthe principal building, except items that are otherwise allowed to project into front setback areas, is within twenty feet of the front street line; and (c) The entrance to garage space is not closer than thirty feet to the front street line. Note 3. Buildings In Rear Yard or SF Bujferyard. A building may be located in a rear yard or SF Bufferyard ifit meets all of the following criteria: (a) No part ofit may be closer than five feet to fioom the rear property line (or to my SF District, if in a SF Bulferyard). (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 groundfioor, except for opaque. non-opemble 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 spa~ 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 purposes or gas transmission (not distnl11rtion) 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 encroachment; and (c) the building is an accessory building. If these ctiteria are met, the nonnal restrictions for rear yard projections do not apply (see notes above). Note 5. Garages In Side Yards. Each projecting building must!'neet 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 f~ from the front street line. (d) Within ten feet of another building site in an SF ~ct (whether on the side, r~ 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 In Rear Yard. Indicated equipment may project only if: (a)sepllJ'lltingthe 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 beenforrnally ~ to the city any utility easement deemed ne~ by the City's chiefutility official; and (d) the equipment occupies no part of any side yard. ' L:T-__ _I ,_]'-.:1 --r,:,o'r"'~"~'M',-:!r1 , i'JIT"--------T- - - -----'c:~:iii:irnllllr Table 7-6. Projections Schedule, pa2e ill Maximum Allowed Projection (In Inches), Measured From The Inside Edge Of The Yard. Type Of Structure Certain Basketball goals Accessory Structures Playground equipment Flagpoles Fences Swinuning pools Tennis courts (with associated screens) Lights and lampposts Gate closers Signs (see Code of Ordinances) - - 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. 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). 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. . Side Yard No limit generally, but see Note 7. 0 0 No limit, but see Notes 8 and 11. 0, but see Note 9. 0 No limit generally, but see Note 10. No limit 0 . Front Yard Rear Yard 120" No limit 0 No limit 120" 0 SF Buf- feryard No limit No limit o 0, but see Notes 8 and 12. No limit No limit o 0, but see Note 9. No limit o o No limit No limit No generally, limit but see general Note 10. Iy,but see Note 10. 24" No limit No limit 0 No limit generally, but see Note 10. No limit o -- Basketball Goals. No part of the equipment may be closer than ten feet to any street line. Fences. Fences may project into 1iont and side yards to the extent expressly required or authorized by City ordinance (e.g., provisions in Chapter 6 ofthe Code of Ordinances requiriug front fences for temporary construction purposes and to screen nonresidential uses, notes in this schedule or provisions in PDD schedules for front fences). Swimming Pools. Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Lampposts. Maximum dianleter of projecting posts is six inches; maximum height is eight feet Rotated Corner Fences. Notwithstanding any other provision oftms ordinance or any other ordinance, no fence is allowed in the side street yard of arotated comer building site (SF-1 District), except for temporary construction fences required by Chapter 6 of the Code of Ordinances. Front Fences in Townhouse Districts. On a building site in a townhouse district (including the TH and PDD-TH district~) there may be fences in the front yard. but not hililier than seven feet and not closer than five feet to the front street line M ore-nenni..ive nrovisions in the PDD- TH schedules or elsewhere ~also 3nnlv. Note 7. Note 8. Note 9. Note 10. Note 11. ~ r~'~~'C~"~~=TCO~'I'1--_.'-----r"~'c' '-_.c.c.._c=~'lT 1 II r---------- u --------"T".lii :ilTnml 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. Exception: the TH District regulations allowing three fhll storie~ prniedion~ of cantilevered space into front yards and front fence~ apply to all ~in~Je-f~mily m:e~ on buildina sites in this district If such election is made in a form prescribed by the building official, and if all the SF-J .smili regulations are complied with, single-family (detached) use is allowed in this district. Amend Schedules PDD-THI through PDD-TH6 by adding thefollowing beneath the setback table in pargraph (b)(3): *~gpti6IR:Livhlg s13aee may 13r0jeet i8t0 H-68t setBflek flfefl3 iftk~ 8p8;eG is. (8;) all hiaher than eight feet and (h) completely ~1I~penclen from the rem~lnt1er nf thp buildinl! by a cantilever or similar structure See also, Table 7-2, entitlen "Yarci~ (or 'Setbacks') " which allows certain cantilevered building part~ to prnieM into frnnt yards 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 ~ feet high in front of the dwelling units and not more than eight feet high on the sides and the rear. ~ EXAMPLE OFA CONFORMED PDD SCHEDULE: SCHEDULE PDD-THl BELLAIRE BOULEVARD TOWNHOUSE P.D.D. ("PDD- THl DISTRICT") (a) Generally. (1) This schedule applies only to the PDD- TH1 district. The purpose of this districtis 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 provisions of this ordinance shall apply to this district as ifit 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. Exception: the THDistrict re~lations allowing three filII stories pn~jec.tions of cantilevered &pace into front yards and front fenc.es apply to ::111 singlf'!-fl'lmity WlP'l;I on building sites in this district. If such election is made in a form prescribed by the building official, and if all theSF-J 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, exceptthat the minimum number of parking spaces per dwelling 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 terminus is provided. Termini must have adequate dimensions to allow turning. (3) Additional setback regulations (living space). No living space shall be permitted within the distance~ from property lines indicated below: r=,________.___'=~ r~~'=""""","O-.~==-"".,-.-=.=CO'='''"..-,.:1ll, :~iIr ,-.;:::~ :lii:Tn:lllIl Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Condition 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 *H.Y'Nmtinn- T lving c;:p~pp may proie('t itlto :trout ~etback ar-eai iftb~ ~pace i~: (ll) gll higher than ehzht feet and (b) comoletelv susoended from the remainder of the building bv acantilever or similar structure. See. also. Table 7-2. entitled "Yards (or 'Setbacks')." which allows certain cantilevered building Darts to Droiect 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. (iii) 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. (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 seven feet high in front of the dwelling units and not more than eight feet high on the sides and the rear. r"""C"'"~"~~"TC~~~--r-',"c.""._.,c"c~"~"'''rr1 -:-u,-' ---'''j',,':Iii'iI'i1Um Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 November 11, 1996 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final report on proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to certain townhouse regulations 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. Scone of Proposal. This proposal would apply in the TH District and the townhouse Planned Development Districts (pDD- THl through PDD- TH7). It would have a limited effect in the GRl and GR2 Districts. The proposal 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, labeled Exhibit B. The proposal would generally allow greater design flexibility in the townhouse districts, which generally form a buffer around the edges of the City. Scope of Information Reviewel_ The Commission formulated the proposed amendment in concept and discussed it with the Building Official. The Commission I' '-',""""~~~"~I~i"I~----'----r"'"-""-C"C..cccc.,cc,=''rrI-- I IIT--- - - , ':""'In:il":im took into account its general knowlege of the community and recent townhouse-type construction. At the joint public hearing on this matter held this date, the Commission received additional evidence. Approximately 20 persons attended the public hearings, and there were about ten oral statements and three writte,n statements submitted. The Commission has reviewed the City's Comprehensive Plan as well as the Zoning Ordinance and the Zoning District Map (which is not proposed to be changed). Findings And 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 members of the Commission approve this preliminary report: Commissioners .. Nelson. Manzo~ Albin, Musher, Stanch and Cass-Shirlev all voted "Aye." with Commissioners (None) . voting "No"; with Commissioner Ross being absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY:~S ~/~('~ ---- For the Commission I L_ I I I-r, F"~O""~"."_.""-~--1r' '--nrr --------- , , :"'" :iil:1ITmlIT