To: Planning and Zoning Commission
From: Katasha Smithers, Planner I
Subject:
Title
PUBLIC HEARING: Consider amendments to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article 8 - Zoning Districts- to add provisions regulating garage conversions; authorizing publication; provide for penalties; and establishing an effective date. City of Keller, applicant. (UDC-21-0006)
Background:
• The UDC permits conversions of garages to conditioned space in any zoning district as long as the replacement garage capable of parking two vehicles is constructed at the same time.
• A resident recently requested converting his garage without building a replacement garage. Applicant indicated it may be years before he could build a replacement garage.
• Council discussed the policy implications at a work session on June 1, 2021, of amending the UDC to permit this:
o The Council asked if there had been many requests for such conversions. Staff noted there were few requests each year and they were usually for homes in the SF-8.4 zoning district. Staff did not recall any such requests in the SF-36 zoning district. For the particular resident inquiry, because the property was on a long cul-de-sac, such a conversion would trigger a fire sprinkler for the entire home. (A separate structure would not require a sprinkler system.)
o Staff pointed out that in smaller lot zoning districts where there had historically been garage conversions, the conversions pushed vehicle parking onto the streets potentially causing challenges for first responders, service vehicles, and traffic generally.
o Two councilmembers suggested it might be appropriate to allow such conversions without a replacement garage if the property was zoned SF-36. The assumption was that in SF-36 zoning, the lots would provide ample room for onsite parking.
o Council asked staff to take a proposal to the Zoning Commission to consider whether to allow garage conversions in the SF-36 zoning district only.
• At the Commission’s June 22, 2021, meeting, the Commission discussed the proposal during the work session:
o Some commissioners did not see a reason to amend the UDC given the lack of demand for garage conversions generally and particularly in the SF-36 zoning district.
o Commissioner Thompson pointed out that some parcels zoned SF-36 were smaller than their zoning and may not be capable of parking on site if the garage was converted. He suggested using a minimum lot size similar to triggering requirements for accessory dwelling units (ADUs) and agricultural accessory structures which require a minimum 1.5 acres before a request can be made.
o There was concern expressed regarding potential property value impact (given the recent hail storm covered parking could be important) though support for more flexibility for individual homeowners was also expressed.
Proposed Amendment:
• To permit garage conversions in SF-36, above, the following amendment to the UDC is necessary:
Article 8.03(C)(d) Parking Regulations.
1) A garage with a minimum capacity of two (2) cars shall be constructed on the same lot as the primary dwelling unit. The garage shall be maintained for parking and shall not be converted to living space.
o The following amendment incorporates a minimum lot size:
1) A garage with a minimum capacity of two (2) cars shall be constructed on the same lot as the primary dwelling unit. The garage shall be maintained for parking and shall not be converted to living space unless the lot is at least 1.5 acres in size.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and City Council shall consider the following factors:
1) The use is harmonious and compatible with surrounding existing uses or proposed uses;
2) The activities requested by the applicant are normally associated with the permitted uses in the base district;
3) The nature of the use is reasonable and appropriate in the immediate area;
4) Any negative impact on the surrounding area has been mitigated; and
5) That any additional conditions specified ensure that the intent of the district purposes are being upheld.
Citizen Input:
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper ten days prior to the Planning and Zoning Commission meeting date. The notice was published in the June 27, 2021, edition of the Fort Worth Star-Telegram. To date, staff has not received a response from the Public.
Alternatives:
The Planning and Zoning Commission has the following options when considering an amendment to the UDC:
§ Recommend approval as submitted.
§ Recommend approval with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this UDC Amendment will be scheduled for City Council action on August 3, 2021.
Supporting Documents:
§ Exhibit A - Proposed Language