The purpose of this agenda item is to receive the Commission’s recommendation on draft changes to the City’s zoning use classifications and parking requirements, which are housed in the Development Code. The purpose of the changes is to modernize and clarify the application of the zoning use classifications and parking requirements while better protecting the existing quality of life for Sugar Land residents.
Planning and Zoning Commission Review of Draft Changes
The Planning and Zoning Commission held a workshop on August 14, which served as an introduction to changes to the zoning use classifications and parking tables. During the workshop, staff reviewed a summary of the draft changes. On August 23, September 11, and September 27, the Planning and Zoning Commission held detailed workshops to review the draft zoning use classification and parking tables changes. During the workshops, the Commission reviewed the Non-residential Districts (Sec. 2-91) and Residential Districts (Sec. 2-71) tables, as well as changes to the Mixed-Use Conservation (MUC) district (Sec. 2-112) and the Airport Land Use Zoning (Sec. 9-17).
Overall, the Commission generally concurred with staff’s recommended changes. The Commission asked staff to modify or look further into a few items, including for example: evaluate the parking recommendation for Places of Worship; consider permitting Golf Courses in the BR (Brazos River Conservation) district; consider removing Agriculture, Commercial Livestock, Agriculture, Commercial Crops, and Agriculture, Ranching; adding Document Shredding in B-O and B-2; clarifying whether Utilities includes both public and private utilities; and correcting a few typos in the use definitions. Attached is the "Summary of P&Z Feedback", which summarizes the Commission's comments and recommendations, as well as staff's responses.
During the October 9 Planning and Zoning Commission meeting, staff reviewed recommended changes to the Permitted Uses and Parking Schedule tables that resulted from the Commission's previous review in August and September. The draft changes to Sec. 2-71 and Sec. 2-91 necessitate additional changes to other sections of the Development Code (including Chapter 1, additional sections in Chapter 2, Chapter 9, and Chapter 10). Staff provided a summary of the changes to the other Development Code sections that resulted from the modifications to the Permitted Uses and Parking Schedule tables. The Commission did not have any further changes or recommendations based on this final review of the draft Code changes.
Public Input
Throughout the Planning and Zoning Commission review, staff carried out an extensive public information campaign to educate the public about the draft changes to the Development Code and the process for the update. This included:
- A project webpage, which was regularly updated;
- Several social media posts on multiple platforms (Facebook, Instagram, NextDoor, Twitter);
- Development of and posting an educational video; and
- An Online Town Hall, posted from August 16 to October 16.
As a result of this public outreach, staff received two inquiries directly related to the draft Code changes. Both residents sought to better understand the breadth of the Code changes. Staff directed these residents to the extensive information posted on the project webpage and did not receive further contact. In addition, staff has received multiple additional comments on these platforms; however, the comments were not directly related to the draft Code changes nor did anyone express concerns about the draft Code changes.
During the public comment period at the beginning of the August 23, 2018 Planning and Zoning Commmission meeting, one Sugar Land resident spoke to the Commission regarding a variety of issues; several were not directly related to the proposed changes to the Development Code. He also asked questions about the formatting for the Comparison Table and the classification for churches in residential areas. Staff addressed the questions related to the proposed changes during the meeting, and offered to meet with the resident to address the remaining questions. Staff later met with the resident about the remaining issues. The resident spoke again on October 9 and during the public hearing on October 25 regarding residential setbacks, which are not related to the draft Code changes under review.
The majority of the comments made throughout the Planning and Zoning Commission review did not relate directly to the draft Development Code changes underway. Therefore, these comments do not warrant any additional changes at this time.
In addition to the public information campaign, the required public hearing notice was posted in the newspaper, at City Hall, and on the City's webpage. Staff is not aware of any public concern with the draft changes.
Public Hearing
The Commission held a public hearing on October 25, 2018. One member of the public spoke during the hearing – the same resident who also spoke during the August 14 and October 9 meetings. The resident spoke about residential setbacks, which are not being changed or addressed in the draft Code changes.
Recommendation & Next Steps
Staff supports a recommendation of approval to City Council on the draft changes to the zoning use classification and parking tables, found in the Development Code. Staff will present the draft changes to City Council in December 2018 or January 2019, after they receive the Commission's recommendation. Following a workshop, City Council will hold a public hearing prior to taking action on the draft changes. Ultimately, the changes will be approved by adoption of an ordinance by City Council.
The following information in italics was also provided in the August 23rd, September 11th, September 27th, and October 9th, 2018 workshop Executive Summaries:
Background
The Development Code is the official document that ensures safe, orderly, and efficient development throughout the City in accordance with the Comprehensive Plan by providing for the public health, safety and general welfare of citizens. The Development Code provides the basis for the review of projects submitted by a property owner wanting to alter or develop property within the City of Sugar Land. Components of the Development Code include zoning, sign, subdivision, building, airport zoning, and flood damage reduction regulations.
In a continual effort to ensure the City’s development regulations meet the needs of its residents and businesses, this update to the zoning use classifications and parking requirements is being proposed. Although City Council has periodically adopted targeted amendments to the Code, this is the first comprehensive review since its original adoption in 1997. In 2015 City Council adopted Phase 1 of this Development Code Update. Phase 1 focused on technical revisions and implementing a few high-priority policy items that include details on vested rights, planned development districts, private residential streets and the implementation of the Pedestrian and Bicycle Master Plan. The technical revisions included reorganization of sections of the Code, placing lengthy text in table formats, and adding diagrams to clarify requirements. These technical changes were made to make the Code more user-friendly, but did not include substantive changes to the regulations.
Summary of Draft Changes
The draft changes to the zoning use classifications and parking requirements constitute Phase 2-A of the Development Code Update project. City staff has spent the last three years examining the existing Code, evaluating established businesses in the community, and reviewing best management practices. Additionally, staff hired a consultant to assist with the conversion of the permitted uses table and evaluate best management practices by benchmarking other cities. The recommendations being presented are based on this work. Phase 2-A of the Development Code Update focuses on Chapter 2, Zoning Regulations, and seeks to achieve the following goals:
- Modernize the zoning use classification tables by replacing the current use classification matrix (which is based on the 1987 SIC economic-based system) with a land use based system which considers land use impacts;
- Consolidate parking requirements and other regulations which are currently dispersed throughout the Code into the zoning use classification tables for ease of use;
- Formalize and codify commonly placed restrictions and conditions; and
- Revise permitted and conditional uses and parking requirements based on experiences in applying the Code for over 20 years, including for example:
- Better categorizing uses so that it is clear to residents, business owners, and the development community which uses are permitted in each zoning district;
- Within commercial zoning districts, clarifying permitted and conditional uses where they are in character with and similar to other uses in each district;
- Better reflecting parking demand in the parking requirements to ensure uses are neither under- nor over-parked;
- Basing parking requirements on constant definitive measurement units (i.e. square footage of a building) rather than on undependable units that can change over time (i.e. number of employees).
This update ensures the City's zoning regulations will continue to protect residents’ quality of life. These recommended changes will not remove protections currently in place, do not change the character of our existing zoning districts or City, nor do they remove safeguards that are currently in place. Rather, they enhance the quality of life for residents and businesses by permitting additional compatible uses, placing additional restrictions and regulations on certain uses, and continuing to protect single-family residential neighborhoods from undesirable encroachment.
Review of Documents
During the next several workshop meetings, the Commission will review and discuss the draft changes in detail. In order to assist with the review, staff provided hard copies of the following draft regulations:
1. Draft Residential Districts Permitted Uses and Parking Schedule
2. Draft MUC Permitted Uses Schedule
3. Draft Nonresidential Districts Permitted Uses and Parking Schedule
4. Draft Airport Zoning Permitted Uses Schedule
Due to the nature of the changes being recommended, a “redline” version of the Code would not be an effective tool for demonstrating the changes being proposed. Therefore, staff also provided two tools to help show the changes from the existing permitted uses tables to the draft tables. A description of each of the tools is included below:
- Equivalency Table -This table is used to see how existing uses are converted to new uses. Existing uses are listed by SIC number and the equivalent New Uses are listed next to the Existing Uses.
- Comparison Table – This table is used to determine how a New Use would have been classified under the SIC classification system. New Uses are listed in alphabetical order by major grouping (i.e. Institutional, Office), and Old Uses are listed next to them. Additionally, this table compares where the “Old” use was permitted and where the “New” uses is permitted, by zoning district. Finally, the Comparison Table compares the previous parking requirements with the New parking requirements.
During the introductory workshop on August 14, staff provided hard copies and an overview of each of these documents. These documents have also been posted on the project webpage - www.sugarlandtx.gov/devcodeupdate.