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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