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File #: 22-4885    Version: Name: Ordinance - Public Hearing and First and Final Reading of an Ordinance to Amend Chapter 155, “Zoning” to revise the definition of an accessory dwelling in Section 155.012; to repeal Section 155.082(E)(7) in its entirety; and to revise regulations related
Type: Ordinance Status: Public Hearing
File created: 9/2/2022 In control: City Council
On agenda: 12/12/2022 Final action:
Title: Ordinance - Public Hearing and Continuation of First and Final Reading of an Ordinance to Amend Chapter 155, “Zoning” to Revise the Definition of an Accessory Dwelling in Section 155.012; to repeal Section 155.082(E)(7) in its entirety; and to Revise Regulations Related to Accessory Dwellings in Section 155.099(B)(35); (OA#22-007)
Sponsors: Jason Alexander
Attachments: 1. Ordinance, 2. Redlined Ordinance
Title
Ordinance - Public Hearing and Continuation of First and Final Reading of an Ordinance to Amend Chapter 155, “Zoning” to Revise the Definition of an Accessory Dwelling in Section 155.012; to repeal Section 155.082(E)(7) in its entirety; and to Revise Regulations Related to Accessory Dwellings in Section 155.099(B)(35); (OA#22-007)

Requested Action
To consider the proposed ordinance amendment

Recommendation
The Planning and Zoning Commission held a public hearing on September 6, 2022, and voted 7 to 0 to recommend denial. The Commission discussed the following concerns regarding the proposed amendments:

· Accessory dwelling units should be limited to the D, Downtown District, to evaluate and determine their feasibility before implementing provisions for these units for the rest of the City;

· Owner-occupancy is not required for either the principal residence or the accessory dwelling units, encouraging more rental properties in single-family residential neighborhoods;

· The Commission expressed concerns about the possibility that the principal residence and accessory dwelling units could be rented, allowing up to three unrelated families to live on the same single-family residential lot;

· Extra parking and driveways might be necessary to serve the accessory units;

· The accessory dwelling units could become short term rentals;

· Enforcement of the accessory dwelling unit regulations could prove difficult; if there are less than three rental units on the property, accessory dwelling units would not be registered or inspected.

· Homeowners associations could have difficulty enforcing their restrictions because the City can issue permits for accessory dwelling units regardless of any deed restrictions;

· Neighbors would not have input on how an accessory dwelling unit might affect their properties.

Staff recommends approval.

Description/History
The City Council’s Housing Market Growth Strategy Sub-Committee has been reviewing and developing s...

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