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HomeMy WebLinkAboutOrd 1575 - zoning; provide for garden style single family use ORDINANCE NO. 1575 AN ORDINANCE CALLINGA JOINT PUBLIC HEARING ON APROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE) TEXAS TO PROVIDE FOR GARDEN-STYLE SINGLE-FAMILY USE IN THE BELLAIRE BOULEVARD TOWNHOUSE P.D.D. (pDD- THl DISTRICT); 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 of this ordinance by reference; and WHEREAS, the City Council desires to call ajoint public hearing on such proposal; NOW, THEREFORE, BE IT QRDAINED 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 7:30p.m. on January 12) 1998. The hearing may be recessed and continued to the City Council meeting set to begin at 7:30p.m. on January 26) 1998. 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 ordinanc~) (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. S~ction 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 a newspaper of general circulation in the City at least once on or before the fifteenth day preceding the date of the hearing. In addition, the notice shall be: (i) posted at five public places in the City, one of which must be the place used for posting notices of City Council meetings and (ii) mailed to each City water utility customer with a service address located within the affected zoning district or within 300 feet from the boundary of the district. The notices shall be posted and mailed on or before the tenth day preceding the date ofthe hearing. The City Council specifically approves giving combined notice oftwo 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. r~~'-'~~~~~~~~_~~~"~E'~~'~:E~'::,,~r----'-f""'~.'~ - - --.~-~.] .. ..-:-:-:TTI '..[HI:r,IW'Jl~dllrrcr 1 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 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. Ordinance No. 1572, adopted December 8, 1997, which called a joint public hearing on. a similar proposal, is repealed. 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 atthis 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, thi!~U day o~ , 1917 Voting Aye: Voting Nay: Absent: Mayor ATTEST: (Seal) ~~ Ity Secretary ~ R:J: City Attorney I'~~~ ~ ,.n:~. ---.-- ._~-~.~' -- ~ --rrr o ITnilTI"~"llIrrnr' Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800' University Boulevard Houston, Texas 77005 December 18, 1997 Honorable Mayor & Members of the city Council City of West University Place 3808 University Boulevard Houston, Texa~ 77DO~ Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") to allow garden-style single-family. use in the Bellaire Boulevard Townhouse District ("PDD-TH1 District") . 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. This report replaces the Z&PC'S preliminary report on the same subject dated December 8, 1997. ScoDe of ProDosal. The proposal is to amend Schedule PDD-TH1 of the zoning ordinance as indicated in the attachment to this report. Attached townhouses are already allowed in this district. The amendment would allow a new garden-style, single-family use. Basic townhouse regulations would apply, but 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. Rear yards (or "setbacks") could be ,smaller than in the regular townhouse district, if the yard is adjacent to a major thoroughfare. The result should be 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 proposal, a replat would be required. The replatted area would have to be large enough to be designed and replatted as coordinated, integrated development. There would be specific requirements for replats, to protect nearby neighborhoods, insure emergency aCCeSEl1 etc. -- - -- - -'-.----Tro~----- ico_r'-[-~-~i":'l-~-- ,,,-- -- . ....---r'----- --T--n--l ".. I -:-~7~--------------- - - --![lnn:I!J:'1i:mrrnri A cross-reference should be added to the City's subdivision ordinance to incorporate the new platting regulations. Preliminary Recommendation. 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 (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 Ross, Cass-Shively, Musher, Watson and Day all voted ~Aye", with no Commissioners Voting ~No." Commissioners Griffin and Nelson absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Fo~on By: --------~~- F'"'~~-==~,.--~-~..- -=r=._..-----.----,------ ~ ... SCHEDULE PDD- THl BELLAIRE BOULEVARD TOWNHOUSE P.D.D. ("PDD- THl DISTRICT") (a) Generally. (1) This schedule ~pplies 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 sha:lll\ppl~ tlJ thi~ 4i~tJict ;\~ if if ~l':Il': 1,;\1 t ..ffhl" TIT district, except that the additional pi 0 visions setout in this scheduleshctll ctlsoapply. 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) Only the following u$esareallowedintbe PDD_ THl District ann eaGhll~e i~ ::tllowp.nonly when there i$compliance with the regulations indicated below and other regulations imposed by this ordinance: ~ Cpnventional singl~_family (detached) Garden_style single-family (detached). Indicated Regulations Application SF-3 District regulations. The regulations are applied as if the building site were in the SF-3 District. TH District regulations. except: The base (1) Only single_family (detached) use is allowed. and regulations, 9welling units shall not be attached. including all (ii) There must be direct access to each site by a regulations platted street, which may, be either public or private. imposed by (iii) There must be at least three parking spaces per this ordinance, dwelling unit. at least one of which is available for are applied as guest parking. Parking spaces may be located in if the building common-areas for shared use. site were in the (iv). One interior side yard. per building site may be TH District zero width. if there is an adjacent maintenance with single- easement platted and restricted as open area, family (v) For any rear yard adjacent to a major (attached) use. thoroughfare,. the minimum depth is five feet (but this doe~nQt allow reduction Qfany SF Bufferyard). (vi) Areplat meeting the criteria of (a)( 4), below, must cover each building site with this use. (vii) Each area between a platted building line and the adjacent street area mustbe maintained as open area. '--'--- .----'-----'~----'.----~r-------~--~L:-:"r'":. .~~.L_::l --------~--____r_~"'-------'---'-~~_:n,] . _ 1.._ ..r:i-iIn"--- - - . 'rmn~m::'llmrrmr r Single-family (attached) TH District regulations. plus the additional regulations set out in (b) and (c) of this schedule. The base regulations are applied as if the building site were in the TH District. Note: (b) and (c) of this schedule only apply in the case of single-family (attached) use. . The ownel ofa buildill~ site in this distIkt may elect to be ~ovelJled by all of the legulatioJls APplicable to sin~le-familv (detached) use. as if the buildin8 site weIe in the SF-J Distria and in lieu of the I egulatiolls othel wise applicable to the buildin~ site. If such election is made in a fOUl} pIescribed by the building, official, and ifall the SF-J le~ulatioJls ate complied with, single-family (detached) use~wed in this distlict. (4) Garden style single-family (detached) use replats must meet all of the followinll criteria: ill Shave & Size. the replatted area must be contiguous and include either: (i) one acre or more. or (m three or more seoarate subdivided lots (before beinll reolatte<l). au Buildinrz Site Boundaries. The reolat must specifically deshmate the front street line and other lot lines of each builqinll site. The lleneral definitions in this ordinance do not determine such lot lines. (C). Fee Simvle Sites. Each building site must be olatted for seoarate fee-simole ownership. with only one dwellinll unit oer site. . @ Access. Parking. Environmental Issues. Vehicular access, streets (public and orivate). easements. curb cuts. parking s.,paces. building lines open areas and oervious areas must be identified and-restricted by the replat so that. in the iudgment Qfthe Z&PC: en any imoact on adiacent neillhborhoods is minimized. (in emer~ency and utilitvaccess are adeauate. (im environmental effects (including runoff. tree imoacts. bulk, light. air. etc.) are mitigated. The reolat may reauire such areas to be larller than otherwise reauired bv this ordinance. The reolat may imoose buildine: lines UP to ten feet deeo. measured from the street area. Building lines may vary from building site to building site. LID Maintenance. Etc. The replat must orescribe (or incoq>orate) permanent provisions for access to and maintenance of private streets. easements. common areas and common facilities. all in a form and manner satisfactorv to the Z&PC. .(E) Incorporation of Restrictions. The replat must specifically incoq>orate this schedule and the indicated rel!Ulations. and the replat must state that: 0) all restrictions and conditions on the replat shall run with the land as real property restrictions and (ii) they shall be independently enforceable by any person or entity having an interest in property included inthe replat (which may include the City) and by any homeowner's association that may be created. Any such enforcement by the City is an additional. altemativeremedy for the City. (b) Additional site criteria (avvlies onlv in the case of sinrzle-familv (attached) use): (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 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 I, _n "_____. "'____ .-.. - ----------- f'~ ""'-----'--r" . 111 -'--'---T1iT limn 1:1""1'1nrmr ' 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 deyelopment 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 distances from property lines indicated below: Condition Distance From Property Line (Feet) Front Side Side Rear Street Street Property Property Line Line Line Line L 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, an4: 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 Exception: Living space may project into front setback areas if the space is: (a) all higher than eight feet and (b) completely suspended from the remainder of the building by a cantilever or similar structure. See, also, Table 7-2, entitled "Yards (or 'Setbacks')", which allows certain cantilevered building parts to project into front yards. (c) Additional building criteria (aoolies on/v in the case of sim!le-familv (attached) use): (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). --'---..-- ~J.--.-~'~ ~~--.'-.-r."...~-~~ - 11', ------.'iTl1J Illilnl'nlllflm', (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. (Hi) 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 seven feet high in front of the dwelling units and not more than eight feet high on the sides and the rear.