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 remaining recommendations in Phase II of The Hill Community Engagement project, which will complete the project if adopted by City Council.
Planning and Zoning Commission Review of Draft Changes
The Planning and Zoning Commission held a public hearing on May 27th 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 and Principal Consultant of McDoux Preservation, LLC were in attendance. A summary of the changes and the draft Development Code text was provided to the Commission with the agenda item on May 27th.
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. Staff made the suggested revisions and an updated document is attached under the name “Draft HR-1 Regulations Redlined 5-28-21.” Additional changes as a result of the May 27th P&Z Meeting, are highlighted in yellow.
The topics discussed and resultant changes are described below:
Section 2-156 Site Development Permit
The Commission suggested clarifying that only the regulations listed in Subsection B qualify for a Site Development Permit. Staff has addressed this by revising regulations. The Commission also asked staff to consider how granting a Site Development Permit may set up a precedent for future access. Each project that applies for a Site Development Permit will be considered on a case-by-case basis and evaluated on its own merits. Every lot, home, and proposal in The Hill will have different elements that make it unique. Therefore, granting a Permit for a particular deviation does not obligate the Commission to grant the same deviation in a different situation.
Table 2-158.1 District Regulations – Maximum Garage Size
The Commission questioned why the lot size threshold for Maximum Garage Size was different from the Minimum Lot Area and suggested that it be consistent, if appropriate. The 6,000 square foot threshold is different because Maximum Garage Size was originally established in a different part of the Code that applies to all residential zoning districts. The regulation that applies specifically to The Hill was moved to Part 7 in conjunction with the other Code revisions completed in 2020. This threshold calculation allows for any lot in the City, regardless of its size, to have a garage that is 600 square feet (20 feet by 30 feet) – large enough for two vehicles with some extra space for walkways, storage, and such. Staff does not recommend changing the lot size threshold to be consistent with the Minimum Lot area since staff has not evaluated this change and therefore does not know the full impact it would have on development in the neighborhood.
After further analyzing the regulations, staff realized that when Part 7 was created, Maximum Garage Size for HR-1 was relocated to this section and unintentionally left out carports (Section 2-192 F.4). As such, staff recommends that carports be added so that carports and detached garages have a cumulative maximum size based on the 6,000 square foot threshold as established in the regulations. The change would correct the unintentional error from the 2020 revisions.
Section 2-158 Subsection C. Entry Features and Walkways
The Commission asked a clarifying question on the application of Subsection C.1. regarding required entry features and walkways. Although the language as drafted is correct, staff moved Subsection C.1.b (requiring a 4-foot wide walkway) so that it is now Subsection C.1.a. This will clarify that a front walkway is required in addition to the entry feature, which the owner may choose between a front porch or stoop.
The Commission also commented on Subsection C.2. regarding nonconforming porches and the ability to replace a porch if no other portion of the dwelling is being repaired or replaced. Staff reviewed the language and simplified it by deleting the portion stating “if no other portion of the dwelling is being repaired or replaced.” This allows the property owner to replace their existing porch while also making any other repairs to their home. When submitting for a permit, staff will review the extent of the construction and make a determination if the porch needs to be in compliance with the new regulations.
Section 2-160 Tree Regulations
The Commission suggested adding language to Subsection D.2.a regarding a Director-approved tree removal to state that the applicant should provide certified documentation either from an arborist or someone who is qualified to provide an assessment of the tree condition. Staff added language to reference the Development Application Handbook for the specific documents required. This is typical for other types of projects, rather than codifying it in the Development Code.
Other Comments
The Commission suggested that staff take one last look at the regulations and ensure that minor changes be applied for consistency, such as the capitalization of defined terms in the Code. Staff modified as necessary to address this comment.
Public Hearing
The Commission held a public hearing on May 27th. Two property owners in The Hill provided comments in support of the proposed changes.
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 was provided as part of the Commission’s May 27 agenda packet
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. City Council appointed a five-member Hill resident and property owner steering committee to guide the project. The project was divided into phases– Phase I Public Engagement and Phase II Implementation– to determine if the concern was widespread in The Hill neighborhood. After a public engagement process in Phase I, The Hill Neighborhood Steering Committee drafted a vision and set of recommendations that directed staff to prepare regulations to maintain the character of The Hill. The project is currently in Phase II and nearing completion with the draft regulations that implement the remaining Phase I recommendations focused on managing size and scale of buildings in The Hill.
Changes to HR-1 Development Regulations
Staff drafted the proposed changes to the HR-1 regulations based on input from The Hill neighborhood and Steering Committee and detailed analysis of existing conditions in The Hill. The following list is a high-level summary of the proposed changes. The attachment “Draft Regulations Combined Redlined” is the draft text as it would appear in the Development Code and identifies new or modified regulations as colored underlined text. Additional details about the changes are in the attached “Staff Report”, and a summary of survey feedback – “Survey Recommendations Matrix” – is also attached.
- Site Development Permit process to allow flexibility for projects that don’t meet the regulations but may meet the character of the neighborhood
- Redefine maximum height measurement for HR-1
- Reduce Floor-to-Area Ratio to 0.45
- Establish minimum roof pitch of 4/12
- Regulate maximum building width based on lot size with a 0.46 BTLW ratio for lots equal to or greater than 60 feet. Lots less than 60 feet are allowed a 30-foot maximum building width
- Increase garage front façade setback to 25 feet and require carports to follow garage regulations
- Require new construction to incorporate an entry feature with the option of a porch that is 6 feet deep or stoop and a 4-foot wide walkway from front entrance to sidewalk or curb
- Revise tree regulations to require new trees to be 4-inch caliper
- Require that one Protected Tree be preserved in front half of lot with some options for removal with Director approval
- Added incentive for preserving more than one Protected tree in front half of lot by granting additional building width
- Added primary and secondary building finish requirements for HR-1 in Article X
- Prohibit fences in front of the building
The majority of the changes to the regulations listed above are in Chapter 2 Article II Part 7 The Hill Area Residential (HR-1) District. Changes to building finishes are located in Chapter 2 Article X. Other changes related to fences and height are located in Chapter 2 Article II Section 2-171 and Chapter 2 Article IV Section 2-191. Administrative changes to landscaping regulations are located in Chapter 3 Article XV Landscaping and Screening Regulations.
Public Input
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 April 16th and closed May 9th. Staff received 10 comments in the Online Town Hall survey and one Next Door comment over the three weeks it was open. A report of the comments received – “Online Town Hall Results”– is attached. Detail on how staff addressed the comments can be found in the attached Staff Report.
Although Development Code text changes do not require written notification to property owners, staff continues enhanced public engagement and notified The Hill residents and property owners of the changes. A copy of the public hearing notice and postcard – “Public Hearing Legal Notice and Postcard” – is attached. 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
- Mailed postcard to property owners.
In addition to the above communication methods, 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 has received ten Online Town Hall comments and one comment via Next Door.