HomeMy WebLinkAboutO-2010-3242 increase maximum allowable lot coverage for single-family detached dwellings19/20
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26, 2010
Requested By: Tim Tietiens
Department: Planning
Report: Resolution: Ordinance:_X
Exhibits:
Ordinance (showing changes)
Ordinance
Appropriation
Source of Funds: NA
Account Number: NA
Amount Budgeted: NA
SUMMARY
The current discussion was precipitated by citizen inquiries and a request, from the developer of Lakes at
Fairmont Greens, Section 1, along Wharton Weems Boulevard at State Highway 146, for the maximum
lot coverage rule for single-family dwellings as stated in the Zoning Ordinance, Chapter 106 of the Code
of Ordinances.
Currently, under Sections 106-333, Table B, Residential Area Requirements, the maximum lot coverage
allowable for a single-family dwelling is 40%. However, an accessory building 200 s.f. or less and patio
covers up to 900 s.f. are exempted from the 40% lot coverage for single-family detached. Staff habitually
sees subdivisions with homes near 40% coverage. These homes are built with smaller living area that
cannot be expanded when at the 40% threshold.
The basic objective of this lot coverage is to minimize the threat of flooding to the areas and to minimize
the effect of continued development in the watershed. Detention is now required for developments in
certain watersheds. Most subdivisions now have their own detention basins that are sized to mitigate the
increased runoff of the development. The City's Public Improvement Criteria Manual (PICM) uses a
separate 55% coverage factor to calculate drainage. The criteria, however, take into account the roofed
structures and all impervious cover created by driveways, carports, sidewalks and slabs.
The Planning and Zoning Commission directed staff to consider proposed amendment to the Zoning
Ordinance (Chapter 106), Section 106-333; Table B., Residential Area Requirements pertaining to lot
coverage for single-family dwelling. After a workshop and public hearing at the March 24, 2010,
meeting, the Planning and Zoning Commission, by a unanimous vote, forwarded their official position for
action by City Council that "the maximum lot coverage for single-family detached in Planned Unit
Development (PUD) zoning district or residential subdivisions requiring a detention/drainage system,
shall be SO%".
Action Required by Council:
^l. Conduct a Public Hearing
Consider approving ordinance amending Code of Ordinances Chapter 106 (Zoning)
pertaining to the lot coverage for single-family detached dwellings.
Ron Bottoms, City Manager
Date
�oco—
ORDINANCE NO. 3a'ice
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III. "DISTRICTS"
DIVISION 2, "RESIDENTIAL DISTRICT REGULATIONS", SUBDIVISION I,
"GENERALLY", BY AMENDING SECTION 106-333, "TABLE B, RESIDENTIAL AREA
REQUIREMENTS", BY ADDING NEW FOOTNOTE 20, REGARDING MAXIMUM LOT
COVERAGE FOR SINGLE-FAMILY DWELLINGS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article III. "Districts" Division 2, "Residential
District Regulations", Subdivision 1 "Generally", Section 106-333, "Table B, Residential Area
Requirements", of the Code of Ordinances, LaPorte, Texas, is hereby amended by adding new
footnote 20, which shall read as follows:
"20. Maximum Lot Coverage for single-family detached in Planned Unit Development
(PUD) zoning district or residential subdivisions requiring a detention/drainage system,
shall be 50%."
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this thj�day of �ZILP" , 2010.
CITY OF LA PORTE
Ma r
ATTEST:
City Secretary
APPROVE
Assistant City Attorney