To: Mark Hafner, City Manager
From: David Hawkins, Planning Manager
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving amendments to the City of Keller Unified Development Code, adopted by Ordinance No. 1746, dated July 7, 2015 by amending Article 3 - Definitions; Article 5 - Subdivision Design Improvement Requirements and Design & Technical Construction Standards; Article 8 - Zoning Districts, Development Standards, Tree Preservation, to consider amendments to impervious lot coverage requirements for single-family residential properties; providing a conflicting ordinance clause; authorizing publication; and establishing an effective date. City of Keller, applicant. (UDC-17-0008)
Action Requested:
Conduct a public hearing and consider amendments to the City of Keller Unified Development Code regarding lot coverage requirements in residential zoning districts.
City Council Work Session:
On April 4, 2017, City Council conducted a work session discussion to “Discuss residential impervious cover policy from the Unified Development Code” during their meeting. This agenda item was requested by Councilmen Barnes and Mizani. Discussion was held on this regulation adopted on July 7, 2015 for impervious lot coverage for single-family residential properties and how it impacts swimming pools and accessory buildings. Direction from City Council to city staff members is as follows:
1. Initiate UDC Text Amendment to remove “pools and other impervious surfaces” from impervious lot coverage.
Staff proceeded as requested and brought this item before the Planning and Zoning Commission on April 24, 2017. The Commission requested staff to follow-up with additional information. This information was brought back before the Commission on June 12, 2017 which offered their recommendation to support the amendments to the UDC with some modifications. This item is now up for City Council review and consideration.
2. Staff will come back with some proposed alternatives that will address lot-to-lot drainage.
This step does not require a UDC Text Amendment as regulations for lot-to-lot drainage are a part of the pool permit application and are city policy, not UDC regulations. Later in this staff memo, there are proposed alternatives to be discussed to consider amendments to city policy with respect to pool permits.
City Council Concerns:
The City Council raised the following concerns during their work session discussion on April 4, 2017:
• Keller has been made a “buyer beware city”
• The desirability of living in Keller has been affected
• Sale of homes may have been affected
• Residents have been prevented from being able to fully enjoy their property
• Possibly an issue created for realtors and sellers with the state mandatory Seller’s Disclosure Agreement.
Analysis:
Prior to the 2015 UDC Update, “Pools and Other Impervious Surfaces” were not included in the requirements for maximum lot coverage for Single-Family Zoning districts. As a result, there has been an impact on residents, the building community, and Community Development:
• An undeterminable number of Permits have never been submitted because home owners and contractors have contacted Building Services and Planning prior to submitting, finding out that their project could not meet the minimum requirements.
• The majority of initial permit reviews for new single-family homes, additions, accessory buildings, and pools are denied due to percent of Impervious Surfaces over maximum allowed per zoning. Applicants have to re-design the project by reducing the improvements (house foot print, driveway, walkway, pool deck, pool foot print, etc.) to meet Impervious Surface requirements including demolishing pervious surfaces. At the April 24, 2017 P & Z meeting, there were concerns raised at the number of permits that were approved that required revisions be made that involved any modifications to the design of the property to meet the impervious lot coverage requirements. There was also discussion on which zoning districts were impacted the most by this impervious lot coverage requirement. Below is a summary of the pool permits that have been approved with modifications and their respective zoning districts. Based on the summary below, it appears that the smaller lots (i.e. SF-8.4) had the most number of permits as well as a higher rate of required modifications to meet the lot coverage requirements.
Since July 7, 2015, there have been 261 pool permits applied. Under current staff, as of March 2016, out of 154 pool permits, 66 failed their 1st review due to not meeting lot coverage requirements:
SF-36: 11 out of 30 failed.
SF-30: 2 of 2 failed.
SF-25: 1 out of 7 failed.
SF-20: 10 out of 20 failed.
SF-15: 11 out of 24 failed.
SF-12: 9 out of 20 failed.
SF-10: 3 out of 4 failed.
SF-8.4: 15 out of 35 failed.
SF-7.8: 0 of 1 failed.
SF-PH: 3 out of 8 failed.
SF-MD (Mixed Density): 1 out of 3 failed.
PH (Patio Home): 3 out of 8 failed.
A total of 4 pool permits have been denied and never issued or constructed.
• Staff plan review time for pool permits increased due to Pool and Impervious Surfaces requirements.
At the request of the P & Z Commission at their April 24, 2017 meeting, city staff has provided additional information in the staff memo and “Staff Attachment” that addresses the following items:
• Drainage/grading plan requirements
• Rear setbacks for decking
• Clarity of lot sizes/zoning that were permitted, modified or denied
• Number of permits that had to be modified to remove improvements for permit approval
• Number of phone calls, emails and walk-ins in regards to maximum lot coverage
Current UDC Regulations:
On July 7, 2015, the UDC Update was approved by City Council. One area of change was to maximum lot coverage requirements for Single-Family zoning districts by adding “pools and impervious surfaces”. Below are the current sections of the UDC that contain the regulations for lot coverage in single-family districts:
Section 8.03 - Zoning Districts
C. SF-36: Single-Family Residential District - (36,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (30%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, parking areas, and any impervious surface.
D. SF-30: Single-Family Residential District - (30,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (30%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, parking areas, and any impervious surface.
E. SF-25: Single-Family Residential District - (25,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (30%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, parking areas, and any impervious surface.
F. SF-20: Single-Family Residential District - (20,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (30%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, parking areas, and any impervious surface.
G. SF-15: Single-Family Residential District - (15,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (35%) by main buildings; fifty percent (55%) including accessory buildings, pools, driveways, parking areas, and any impervious surface.
H. SF-12: Single-Family Residential District - (12,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (35%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, parking areas, and any impervious surface.
I. SF-10: Single-Family Residential District - (10,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (35%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, parking areas, and any impervious surface.
J. SF-8.4: Single-Family Residential District - (8,400 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (35%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, parking areas, and any impervious surface.
ZBA Cases:
Impervious lot coverages are located within the Zoning section of the UDC. If property owners cannot meet the lot coverage requirements for adding a pool or other structures (accessory buildings, additions to the house, etc.), they may request a variance through the Zoning Board of Adjustment (ZBA) as they have the authority to grant variances to specific requirements under the Zoning section of the UDC. The Zoning Board of Adjustment can only grant a variance if the applicant can prove all of the following:
1) That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
2) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
3) That the relief sought will not injure the permitted use of adjacent conforming property; and
4) That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
Since the July 7, 2015 adoption of the UDC Update and new lot coverage requirements, there have been a total of seven (7) ZBA cases related to lot coverage. A summary table for these cases are included under “Staff Attachment”.
Code Comparison for Other Cities’ Lot Coverage Requirements:
In evaluating the lot coverage requirements, staff looked at surrounding city requirements for Maximum Lot Coverage for comparison. From the survey, city staff sees most cities only calculate the footprint of the house and accessory buildings. They also only provide a single lot coverage percentage as Keller offer two (2) different lot coverage percentages, each with its own respective areas of improvements on a property. A summary table is provided in the “Staff Attachment”.
Proposed Amendments:
At the direction of City Council, city staff is proposing the following text amendment below to remove “pools and other impervious surfaces” from each single-family residential district, (changes are in red text and strike through). This would effectively change the lot coverage requirements to Pre-UDC Update in 2015.
Please note that there are no additional changes to the UDC being proposed that address the lot-to-lot drainage with respect to any pool/decking/accessory building improvements on a residential property. These regulations are a part of the pool permit and are not UDC regulations but city policy. Further below in this report will be an explanation of the pool permit application requirements and polices currently practiced for any new swimming pool.
Section 8.03 - Zoning Districts
C. SF-36: Single-Family Residential District - (36,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (30%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, and parking areas. and any impervious surface.
D. SF-30: Single-Family Residential District - (30,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (30%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, and parking areas. and any impervious surface.
E. SF-25: Single-Family Residential District - (25,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (30%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, and parking areas. and any impervious surface.
F. SF-20: Single-Family Residential District - (20,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (30%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, and parking areas. and any impervious surface.
G. SF-15: Single-Family Residential District - (15,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (35%) by main buildings; fifty percent (55%) including accessory buildings, pools, driveways, and parking areas. and any impervious surface.
H. SF-12: Single-Family Residential District - (12,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (35%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, and parking areas. and any impervious surface.
I. SF-10: Single-Family Residential District - (10,000 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (35%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, and parking areas. and any impervious surface.
J. SF-8.4: Single-Family Residential District - (8,400 sq. ft. Minimum)
4. Area Regulations (see also Section 8.15 - Supplemental Regulations <file:///S:\Community%20Development\P&Z\P&Z%20Staff%20Reports\UDC%20Text%20Amendments\P%20&%20Z%202nd%20Memo%206-12-17%20-%20Lot%20Coverage%20Impervious%20Surfaces.docx>)
c. Maximum Lot Coverage - Thirty percent (35%) by main buildings; fifty percent (50%) including accessory buildings, pools, driveways, and parking areas. and any impervious surface.
Current Pool Permit Procedures:
As there are no proposed changes to the UDC to regulate lot-to-lot drainage with respect to a swimming pool, it would be best to have an understanding of the current procedures and requirements the City has in place to evaluate every swimming pool that is planned for a single-family residence. At this time, any pool permit that is applied for is required to submit the following documents:
• Plot Plan - stamped approved by the Utility Company
• Site Plan - must show the rear and side measurements from the property lines to the proposed pool and pool decking and individual square foot measurements of all impervious surfaces.
• Pool Plan - No decking or equipment in easements of any kind.
• Grading Plan - Must show natural flow prior to construction of the pool and must match the master grading plan on file for the subdivision. If any portion of construction, including decking, is within ten feet (10’) of the property line, a licensed professional engineer is required to design the grading plan for the project.
Upon completion of the construction of the pool and associated improvements, there is a Drainage Final inspection that is conducted by the City’s Public Works Dept. which confirms that the property was graded in accordance with the approved Grading Plan.
Other Cities’ Drainage Requirements:
When reviewing the current policies for pool permits and how it addresses drainage, city staff reached out to the surrounding benchmark cities in order to provide a summary of what is currently required within these communities in relation to lot-to-lot drainage and provide a comparison to Keller’s requirements. A summary table is provided in the “Staff Attachments”.
In addition, there are also regulations within the Texas State Statute (Texas Water Code) that addresses drainage flow between residential properties. Included within the “Staff Attachment” is a summary of the Texas Water Code requirements.
Possible Revisions to Pool Permits Procedures:
When reviewing the current policy for pool permits as well the other cities’ pool permit requirements with respect to drainage, city staff has provided some possible options to consider for modifications or additions to current policies for pool permit applications.
Options:
1. Require a letter from engineer verifying lot has been constructed according to plan.
CONS: Additional cost & time on homebuilder/homeowner behalf.
2. Require finished floor elevation to be within 0.1’ of plan; verify this with form board survey.
CONS: Site specific issues may be more difficult to solve if not accounted for initially.
3. Require drainage easements/flumes if lot-to-lot drainage cannot be avoided (HOA to maintain).
CONS: Cost burden to HOA to maintain, less useable property for homeowner.
4. Prohibit lot-to-lot drainage
CONS: Increased costs due to increased retaining wall heights. A larger number of trees may be removed if significant grading is necessary to achieve this.
*Note: Options 2, 3 and 4 will only affect new construction.
Staff also looked at surrounding city requirements for any setback requirements related to pools or pool improvements such as decking or equipment. This may also be considered an option to address pools and their encroachments to the property lines. From the survey, the most common setback requirement for pools is to allow the rear setback line but restrict the side setback encroachment. If this is an option to consider, then this would need to be added to the text of the UDC within each respective residential zoning district. A summary table is provided in the “Staff Attachment”.
Other Items for Consideration:
Staff spoke internally with the Public Works Dept. to get their perspective on this potential code amendment. They confirmed that implementing a restriction on pools and impervious surfaces has not improved drainage issues.
Staff spoke internally with Economic Development to get their perspective on this potential code amendment. They confirmed that implementing a restriction on pools and impervious surfaces may have caused a negative impact on desirability and property values
Supporting Documents:
- Exhibit A
o Strike-out Underline of Text Change
- Staff Attachment
o Article Three - Definitions
o Article Eight - Zoning Districts, Development Standards, Tree Preservation
o City Code Comparison Tables
o Summary of ZBA Cases
o Q & A Commissioner Stansell - Presented at P & Z Meeting on April 24, 2017
o Public Responses
o Communication on Lot Coverage
o Swimming Pool Permit Application
o Section 5.24 of UDC - Residential Grading and Drainage Requirements
o Texas Water Rule Summary
Citizen Input:
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper ten (10) days prior to the scheduled Planning and Zoning Commission meeting date and fifteen (15) days prior to the City Council Meeting Date. The notice for the Planning and Zoning Commission public hearing was published in the July 2, 2017 edition of the Fort Worth Star-Telegram.
Written Opposition:
State laws and the UDC both state that if written objections are received from twenty percent (20%) of the area of the adjacent property owners extending two-hundred feet (200’) from the subject property, then a three-fourth (¾) vote (super majority is 6 out of 7) is required by City Council for approval of this rezoning request. This request will not require a three-fourth (¾) super majority vote by City Council for approval.
Professional Opinion:
Based on the findings from other cities’ codes and discussions and direction given from City Council, it is the opinion of staff to support this UDC Text Amendment to remove pools and other impervious surfaces from the maximum lot coverage requirements in residential zoning districts. Staff forwards this item for City Council consideration.
If the City Council wants to recommend any changes or modifications to city policy with respect to pool permit requirements and drainage, they may state this as part of their motion for the record but please note that this will not be an actual amendment to the text of the UDC.
Board Review:
At their July 12, 2017 regular meeting the Planning and Zoning Commission voted unanimously (7-0) to approve this request with the following conditions:
1. Remove “pools” from the maximum lot area calculation but not “any impervious surfaces”.
2. Amend the SF-15 zoning district from 55% maximum lot area coverage to 50% maximum lot area coverage.
3. Add requirement that all residential flatwork shall have a five foot (5’) setback from the property lines if not located within an easement.
Please note that these recommendations are not reflected in the attached Ordinance and Exhibit “A” documents. If the City Council wants to include these additional changes, it will need to be included in the motion.
Alternatives:
The City Council has the following options when considering an amendment to the text of the UDC:
- Approve as submitted
- Approve with modifications or additional amendments(s)
- Tabling the agenda item to a specific date with clarification of intent and purpose
- Deny