	City Council
	Agenda Request
Agenda Of:	12-16-08	Agenda Request No:		IV-C
Initiated By:	Aaron Dobbs, Assistant City Attorney	Responsible Department:		City Attorney
Presented By:	Aaron Dobbs, Assistant City Attorney	Department Head:		Joe Morris, City Attorney
		Additional Department. Head (s):		Sabine Somers-Kuenzel, Director of Planning
Subject / Proceeding:	Second Consideration of Ordinance No. 1723, Amending Section 2-167 of the Sugar Land Development Code relating to Mixed Use Conservation District (MUC) Regulations
Exhibits:	Ordinance No. 1723
Clearances			Approval
Legal:	Aaron Dobbs, Assistant City attorney		Executive Director:	N/A
Purchasing:	N/A		Asst. City Manager:	N/A
Budget:	N/A		City Manager:	Allen Bogard
Budget
Expenditure Required: $			N/A
Amount Budgeted/Reallocation: $			N/A
Additional Appropriation: $			N/A
Recommended Action
Adopt Ordinance No. 1723 – Amending Mixed Use Conservation District (MUC) Regulations
Executive Summary
Enacted on October 2, 2007, Ordinance No. 1645 amended the regulations and approval process for new buildings and building additions within the Mixed Use Conservation District (MUC). The new approval process provides for staff approval of buildings and additions meeting the regulations under Sec. 2-167(a), (b), (c), and (d) of the Sugar Land Development Code. The new process also allows the Planning and Zoning Commission to approve the building or addition through a Site Development Permit if the building or addition does not comply with a regulation under Subsections (b), (c), and (d), but is still compatible with the existing character of the district. However, the Planning and Zoning Commission may not grant a Site Development Permit if a proposed building or addition does not comply with a regulation under Subsection (a). One of the regulations, Subsection (a)(8) – the maximum floor area of principal buildings (1,500 square feet if south of Guenther; 2,000 square feet if north of Guenther) – was intended to be included under Subsection (b), and thus the Planning and Zoning Commission could grant a Site Development Permit for a building or addition that exceeds the maximum floor area regulation. However, when Ordinance No. 1645 was prepared for Council adoption, the ordinance inadvertently included the floor area regulation with the regulations under Subsection (a), and as such, the ordinance does not currently allow the Planning and Zoning Commission to grant a Permit for a building or addition that varies from this regulation. Research conducted by the Planning Department has since confirmed that the intent for the Site Development Permit process included Planning and Zoning Commission approval of permits allowing for square footage that exceeds district standards. Accordingly, Ordinance No. 1723 amends the MUC District regulations by removing the maximum square footage regulation from Sec. 2-167(a) of the Development Code, and properly places it with other regulations under Sec. 2-167(b). This amendment will allow for buildings and additions that would not meet the staff-approvable square footage regulation to be considered through the Site Development Permit process as originally intended. Since this ordinance involves a correction to a drafting error and not a substantive planning issue, the Planning Department has asked the City Attorney’s Office to present this matter.
Exhibits

ORDINANCE NO. 1723

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING SECTION 2-167 OF THE SUGAR LAND DEVELOPMENT CODE RELATING TO MIXED USE CONSERVATION DISTRICT (MUC) REGULATIONS.

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

Sec. 1. That Sec. 2-167 of the Sugar Land Development Code is amended by amending Subsections (a) and (b) and adding Subsection (e) to read as follows:

(a) The following regulations apply in the Mixed Use Conservation District:

(1) Minimum Lot Area – 6,600 square feet;

(2) Maximum Lot Coverage – 40 percent;

(3) Maximum Height of Structures:

(A) North of Guenther – 27 feet from finished grade.

(B) South of Guenther:

(i) 1 ½ stories but not more than 20 feet from finished grade to peak of roof if within 75 feet of the front lot line;

(ii) 27 feet from the finished grade if beyond 75 feet of the front lot line;

(4) Yards:

(A) Front – 20 feet;

(B) Rear – Minimum of 25 feet;

(D) Side: Nonresidential Use – Minimum of 10 feet;

(E) Street Side – Minimum of 15 feet;

(5) Minimum Lot Width:

(A) Corner Lots – 75 feet;

(B) All Other Lots – 60 feet;

(6) Minimum Lot Depth – 125 feet;

(7) Minimum Parking Lot Setbacks:

(A) Front and Street Side Lot Lines – 15 feet;

(B) Rear and Side Lot Lines – Six feet;

(8) Minimum of 30 percent of Lot not covered by buildings, pavement or gravel;

(9) No attached garages are permitted.

(b) The following regulations apply to principal buildings in the Mixed Use Conservation District:

(1) Must be constructed on the front of the lot;

(2) Front porch required:

(A) Minimum of 10 percent of width of front facade of the building;

(B) If Covered – 20 foot front yard;

(3) Gable roof required on all sides of the building:

(A) Minimum Overhang – One foot;

(B) Maximum Overhang – Two feet;

(4) Partial hip roof required on all buildings located at 322 Brooks St. and south;

(5) Maximum Floor Area of Principal Building:

(A) If South of Guenther – 1,500 square feet;

(B) If North of Guenther – 2,000 square feet.

(e) In this section, a partial hip roof means a roof where one-quarter to one-half of the roof, as measured vertically from the top of the roof to the base of the roof, slopes down to the front facade of the building.

Section 2. That the provisions of this ordinance are severable and the invalidity of any part of this ordinance will not affect the validity of the remainder of the ordinance.

APPROVED on first consideration on ____________________________.

ADOPTED on second consideration on ___________________________.

__________________________

James A. Thompson, Mayor

ATTEST:

____________________________

Glenda Gundermann, City Secretary

Reviewed for Legal Compliance: