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Council adopts Corridor Mixed‑Use (CMU) zoning changes after lengthy debate; setbacks and lighting cross‑reference revised
Summary
After resuming a previously tabled ordinance, Bellaire council amended and adopted changes to the CMU corridor mixed‑use zoning rules, approving a compromise on height/setback provisions (minimum rear yard setback changed from 15' to 10') and adding an explicit outdoor‑lighting code cross‑reference; council declined several other restrictive amendments.
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The Bellaire City Council resumed consideration of a previously tabled ordinance to amend Chapter 24 (planning and zoning) governing the Corridor Mixed Use (CMU) district and adopted it with targeted edits after more than two hours of discussion.
Council reconvened the matter that had been tabled on March 2. Staff and consultants highlighted multiple technical items in the current draft, and council reviewed a series of potential amendments. Highlights of what the council changed and decided:
- Setback amendment adopted: Following discussion about constrained small commercial lots and protecting adjacent residential properties, council amended Figure 24‑5‑36 and associated tables to change the relevant height‑setback minimum references from 15 feet to 10 feet in certain rear/side situations. The council framed this as a compromise to allow one‑story commercial buildings to be closer to property lines while preserving protections for taller buildings.
- Lighting cross‑reference added: Council approved adding an explicit cross‑reference to the city's outdoor lighting ordinance in the CMU section so outdoor lighting rules are consistent across city code.
- Planned development (PD) and density debate: Council extensively debated the PD process, minimum site area (currently 0.75 acres in the draft), and multifamily allowances. A proposed amendment to reduce the maximum residential density in PD from 20 units per acre to 15 units per acre failed on a 3–3 vote (those voting in favor: Council members Lewis, Witt and Giorgio). Council members discussed incentives for land assembly, parking rules and whether PD should be used more sparingly.
- Process note: Council confirmed that one earlier change that had been passed by general consent (adding single‑family dwellings under certain parameters) was not properly noticed and will be returned for a future public hearing after revised notice and potential PN C review.
The council ultimately adopted the ordinance as amended and indicated staff would return with additional PD clarifications and any needed clean‑up language. Mayor noted the ordinance will come back later for final housekeeping after public notice on items that required it.
Why it matters: The CMU corridor rules govern redevelopment potential on commercial corridors. The adopted tweaks aim to balance small‑site economic flexibility with protections for adjacent residential neighborhoods; however, council preserved the PD path for larger or mixed‑use proposals while tasking staff with refining PD language and notice processes.
What changed in practice: The rear/side yard, height‑setback references were reduced in specified cases to 10 feet to allow more usable area on small sites; a cross‑reference to the lighting ordinance was added to clarify enforcement of outdoor lighting standards.
