The purpose of this agenda item is to receive the Commission’s recommendation on draft changes to The Hill Area Residential (HR-1) zoning district development regulations, which are housed in Chapter 2 of the Development Code. The purpose of the changes is to implement initial recommendations in Phase II of The Hill Community Engagement project.
Planning and Zoning Commission Review of Draft Changes
The Planning and Zoning Commission held a public hearing on May 28th regarding proposed Development Code changes to The Hill Area Residential (HR-1) zoning district and other applicable sections of the Code. During the meeting, staff reviewed each of the proposed changes to the Code. The Hill Steering Committee Chair was in attendance and provided a statement regarding the Committee’s work and review of the changes. A summary of the changes and the draft Development Code text was provided to the Commission with the agenda item on May 28th.
Overall, the Commission generally concurred with the proposed changes. There were several clarifying questions that staff answered and other points that generated discussion amongst the Commission that resulted in additional changes. The topics discussed are noted below:
Definition for Attached and Detached Garages
The Commission asked for clarification on the proposed definition of Attached and Detached Garages. The proposed definition for HR-1 considers a garage attached when the structure is built closer than 5 feet to the Principal Structure (house). A similar distance requirement (5 feet) is currently in place in the Mixed-Use Conservation District (MUC), an area with similar historic character as The Hill neighborhood. Staff explained that if the literal definition of attached and detached were used without a distance requirement, then a homeowner could build a detached garage at 1.5 feet from the property line. From the street, it could appear that the garage is attached and as close as 1.5 feet from the property line. During the public engagement, staff heard specific concerns regarding allowing attached garages that close to the property line. In addition, the Development Code provides a similar definition for attached garages for the rest of the residential districts, but a 10-foot distance is applied to distinguish between garage types. In this case and due to the variety of lot sizes, staff is recommending a distance to 5 feet. After hearing staff’s explanation and further discussion, the Commission agreed that the proposed attached and detached garage definitions for HR-1 are appropriate to be consistent with the garage definition applied in other zoning districts.
Removal of supplemental regulation #3 in draft Table 2-157.1: Permitted Uses and Parking Schedule
The Commission suggested removing supplemental regulation #3 in draft Table 2-157.1 that is associated with the permitted use “Parks and Recreational Facilities” noting that it is not applicable in The Hill because there is no HOA in this area. Staff concurred, noting that it was a carryover from the previous location in the Code.
Clarifying draft Figure 2-158.F: Detached Garage Setback from Front Façade of Principal Building Diagram
The Commission suggested removing the label related to the 5-foot minimum distance requirement for Detached Garages in draft Figure 2-158F. The Commission believes it will help clarify the figure intended to represent the minimum 15-foot garage setback from the front façade of the home.
Clarify that District Regulations such as setbacks are subject to field verification of easements
The Commission suggested adding language to clarify that setbacks are subject to field verification of utility easements. The Commission stated that the added language would help an applicant or homeowner understand that they may not build on easements, even if the setback is 1.5 feet for detached 1-story garages. Staff clarified that during building permit review for new or enlarged structures, Planning staff evaluates a plot plan or a survey to verify structures are not built in easements.
Additional Discussion:
The Commission had questions regarding the existing minimum street side yard setback regulations for garages. These existing Code regulations apply to Private Garages that are located on corner lots where a side lot line abuts a street. Staff clarified the regulation during the meeting. If garage doors face the front lot line (same direction as the home), then the garage must be setback a minimum of 15 feet from the street side lot line. If garage doors are facing the street side lot line, then the garage must be setback a minimum of 20 feet from the street side lot line. The additional five feet provide enough space in the driveway for the vehicle to move out of traffic. Below are two diagrams that illustrate the existing Code requirements. The minimum street side yard setback regulation has been moved up in draft Table 2-158.1 under Private Garage Restrictions to clarify that the regulation applies to both attached and detached garages.
Overall, the Commission generally concurred with the recommended changes. Staff made the suggested revisions, and an updated document is attached under the name “Draft Part 7 – The Hill Area Residential District”. Additional changes as a result of the May 28th P&Z Meeting, are noted by a comment.
Public Hearing
The Commission held a public hearing on May 28th. Two property owners in The Hill provided comments in support of the proposed changes.
Points for Consideration
- The proposed Development Code changes are consistent with feedback received and recommendations of Phase I of The Hill Community Engagement project.
- The Hill Neighborhood Steering Committee, a City Council-appointed committee, reviewed and agreed with the proposed changes.
- Community input gathered during an Online Town Hall supported the proposed changes.
- Additional changes to the Development Code are proposed to accommodate the proposed Development Code Structure of the new Part 7.
- The proposed Development Code changes to the HR-1 zoning district would apply to properties proposed to be rezoned into HR-1 that will be reviewed during the same meeting.
Recommendation & Next Steps
Staff supports a recommendation of approval to City Council on the draft changes to The Hill Area Residential (HR-1) zoning district regulations and other sections of the Development Code as applicable. Following the Commission’s recommendation, staff will present the proposed changes to City Council where there will be an additional public hearing opportunity. Ultimately, the changes will be approved by adoption of an ordinance by City Council.
The following information in italics was also provided in the May 28th Executive Summary.
Background:
In 2018 based on The Hill resident feedback, the City initiated a project to engage The Hill residents and property owners in evaluating whether there is a desire to maintain the character of The Hill neighborhood. The Land Use Plan listed this project as an action item and was further spurred by council members after residents voiced concerns with the changing character. After a public engagement process in Phase I, The Hill Neighborhood Steering Committee drafted a vision and set of initial recommendations to be implemented in Phase II, which is currently underway. From the list of recommendations, staff identified immediate implementation items for Phase II. This includes rezoning properties to The Hill Area Residential (HR-1) Zoning District, and Development Code changes for The Hill Area Residential (HR-1) zoning district related to front yard setbacks (porches) and garages.
Phase II Recommendations for immediate implementation include:
- Explore front yard setbacks to allow original homes to add or extend porches
- Explore current garage regulations to address setbacks and height, such as:
- Detached one-story garages can continue to be 1.5 feet from the property line.
- Detached two-story garages should be further than 1.5 feet from the property line.
- Attached garages (considered part of the home) should be further than 1.5 feet from the property line.
- Garages should not exceed the height of the home.
- Garages should be setback behind the front façade of the home.
The Planning and Zoning Commission held a workshop on March 10th, which served as an introduction to The Hill Community Engagement strategic project. During the workshop, staff reviewed the purpose of the project, existing conditions in the area, and results of the Phase I public engagement process. Staff also shared the Commission’s role in the project and next steps. Overall, the Commission only had clarifying questions related to the presented information.
Changes to HR-1 Development Regulations
Staff drafted the proposed changes to the HR-1 regulations based on input from the neighborhood and Steering Committee as well as peer city research and further analysis of existing conditions in The Hill. Staff reviewed Development Codes of other cities that had conservation or historic zoning districts and who addressed front yard setbacks and garages. Then, staff analyzed existing lot conditions in The Hill to ensure regulations would be appropriate, with the realization that lot conditions in the Hill vary depending on which street and side of the street the lot is located. The following list is a high-level summary of the proposed changes. The attachment “Summary of Development Code Changes” provides a more detailed outline of the Code changes. The attachment “Draft Part 7 The Hill Area Residential District” is the draft text as it would appear in the Development Code and highlights new or modified regulations in yellow.
- Create a front yard setback for unenclosed porches, allowing them to be closer to the front property line and maintaining the existing front yard setback for the Principal Building
- Distinguish garage regulations depending on the height and type of garage (attached or detached)
- Amend regulations for Accessory Structures, other than garages, to be consistent with proposed 1-story Detached Garage regulations
- Relocate existing regulations and proposed regulations for HR-1 to a new Part 7 The Hill Area Residential District (HR-1) within Chapter 2, Article II of the City's Development Code
- Amend other regulations in the Code as applicable to reflect the new location of HR-1 regulations in Part 7
The Phase I recommendations related to porches and garages provided staff with sufficient guidance to draft regulations.
Front Yard Setback for Unenclosed Porches
About half of existing homes in The Hill encroach into the required 25-foot front yard setback set by the current HR-1 standards. Consistent with public input, staff is proposing the HR-1 zoning regulations be revised to allow existing homes and future homes to build or expand porches by implementing a 15-foot minimum front yard setback for unenclosed porches up to 16 feet in height.
Garage Regulations
During Phase I, residents expressed concerns with 2-story garages being too close to the property line. The current regulations allow any type of garage, regardless of the height, to be built as close as 1.5 feet from the rear and side property line. Per public feedback, staff is proposing different regulations for each type of garage (attached or detached) and maximum height for garages.
Accessory Structures, Other than Garages
Staff is also proposing to amend current Accessory Structure regulations to be consistent with what is proposed for 1-story garages, including maximum height, home separation requirement, and front façade setback.
Relocate HR-1 Zoning District Regulations
The Hill Area Residential (HR-1) zoning regulations are currently located in Chapter 2, Article II, Part 2 Standard Residential Districts of the Development Code, alongside other standard residential zoning district regulations. Because many of the regulations being proposed are unique to The Hill neighborhood, staff recommends creating a new Part 7 within the Code, similar to how the Mixed-Use Conservation (MUC) district is organized in the Code. When researching other peer cities, many implemented similar regulations and housed the regulations in a separate section in their Code.
Amending Other Regulations
In order to create this new Part, staff analyzed other applicable Development Code sections that apply to HR-1 and moved those into the new Part as well. For example, F.5 - Special Provisions for Detached Private Garages in the HR-1 District located in Section 2-192 Accessory Structures pertains specifically to HR-1, and has been moved to new Section 2-159 in Part 7.
Public Input
City staff presented the proposed regulations to The Hill Neighborhood Steering Committee, who provided positive feedback and directed staff to proceed with the process. The Hill Community was invited to provide input regarding the proposed Development Code changes through the City's Online Town Hall and to speak during the Planning & Zoning Commission public hearings. The Online Town Hall launched February 28th and closed April 30th after extending the deadline twice to accommodate the delay in the Planning & Zoning Commission public hearing due to the COVID-19 pandemic. Staff received 18 responses to the Online Town Hall survey and one inquiry related to accessing the survey over the nine weeks it was open. Out of the 18 survey responses, staff received positive feedback related to porches and accessory structures. The proposed garage regulations related to side and rear setbacks received mixed responses. Staff reviewed the Online Town Hall feedback with the Committee to see if changes should be made to the draft regulations. The Committee recommended to proceed with the draft regulations as is due to the great amount of feedback received in Phase I. The Committee agreed the proposed regulations were drafted in accordance with the input received in Phase I.
Although Development Code text changes do not require written notification to property owners, staff continues the enhanced public engagement process and notified The Hill residents and property owners of the changes along with the proposed rezoning in a combined public hearing notice. The following methods were used to notify residents:
- Social media posts on Next Door;
- Emails to the Friends of Old Sugar Land civic group;
- Emails to the Hill resident email group used for project updates; and
- Property owner letters.
In addition to the above communication methods, a notice of Public Hearing was published in a newspaper of general circulation as required by state law. Notice of the Public Hearing was posted on the City of Sugar Land’s Internet home page. At the time of writing this report, staff received 18 Online Town Hall surveys and one inquiry related to accessing the survey via phone.