May 21, 2018 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. May 21, 2018
1_ MEETING
The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City
Office Building, 207 N. 12.^ Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"PIJRSUANT TO SECTION 30.07, PENAL COOS (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUNS, A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY_"
2_ INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk.
3_ CONSENT AGENDA - All consent agenda items listed are considered to be routine by
the City Council and will be enacted by one motion. There will be no separate
discussion of these items unless a councilmember so requests, in which event the item
will be removed from the Consent Agenda and considered separately.
A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese
to approve the Consent Agenda Items a-c as presented. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
a. Minutes — May 7, 2018 regular meeting
b. April 2018 Departmental Reports
c. Tax Assessor Collection Report - April 201E
4. REGULAR AGENDA
a_ Recognition of Retiree: Darrell Bush
b. Chris Duque, City Manager, said Ms. June Burnaman requested to be placed on the
agenda to discuss drainage concerns at her home located at 3521 Avenue A. Ms.
Burnaman's property holds water, and water has entered her garage and home.
The property is the low spot on the street and the elevation of the property results
in the driveway sloping to the garage. After Harvey, the Public Works Director,
Robert Woods, met with Ms. Burnaman and it was noted the property drains in two
directions: along Avenue A to 37.. Street and along Avenue A to 35.. Street. Public
Works has inspected the property and found no major problems other than day-
Minutes Continued, May 21, 2018
to-day obstructions that were cleared. The City is planning on submitting a Hazard
Mitigation Grant Program application for a drainage project for this area. While the
general consensus is Mrs. Burnaman's property elevation is the issue for the
drainage problem, the drainage project will ensure the drainage flows properly.
June Burnaman addressed city council. She brought several pictures of the
flooding conditions at her home and asked the City to do something to prevent her
house from flooding. She said she is not living in her home at this time due to
flooding in her house caused by Tropical Storm Harvey. She voiced her concerns
regarding the threat of water into her home every time it rains. She did say that
in previous rainfalls water did flood her garage but not until Tropical Storm Harvey
did floodwaters get in her home.
c. Chris Duque, City Manager, informed City Council it will be necessary to reduce the
pools hours by 157 hours or 18.3% due to the insufficient number of lifeguards to
meet the current schedule. The schedule revisions focus on the times with the
least utilization, which includes eliminating morning (Tuesday through Friday)
adult/senior swim, eliminating pool party rentals on Tuesday and Wednesday
evenings, scheduling the first session of swim lessons in the morning only, and
scheduling the second and third swim lessons in the evenings only.
A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Neal to approve the revised pool schedule. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Ordinance No. 2018-12, suspending for 45 days, the rates
proposed by CenterPoint Energy Resources Corp. dba CenterPoint Energy Entex
and CenterPoint Energy Texas Gas Company's Gas Reliability Infrastructure
Program filing made on March 29, 2018. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
e. A motion was made by Councilmember Neal and seconded by Councilmember
Austin to approve Ordinance No. 2018-13, amending the fiscal year 2017-2018
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
f. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern
Albanese to approve the re-plat request of 1604 Elgin Avenue, which includes 603
16th Street, both being located on Lot 8, Block 7, Koelemay Addition. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
g. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem
Albanese to approve a license to encroach agreement with 603 16th Street subject
to legal review and approval. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, May 21, 2018
h. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve the final plant of Laura Place, a private duplex subdivision.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve Ordinance No. 2018-14, amending Appendix A - Zoning of
the Nederland Code of Ordinances to include amending the townhome/townhouse
requirements, the residential height and area regulations of duplex and townhome
development, and other various sections. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
j. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to appoint Wathen, DeShong, and Junker, LLP to perform the city's audit
for the fiscal year 2017-2018. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
k. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern
Albanese to amend the city's Wage and Position Classification Plan. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
I. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem
Albanese to appoint Robert Woods as the city's Assistance Emergency Management
Coordinator effective June 1, 2018. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
m. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tern
Albanese to approve a request from Dale Umphrey for water and sewer service
outside the city limits at 8280 Beauxart Garden Road. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
n. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve an award to Hayden Paving, Inc. in the amount of
$949,383.79 for the 2018 asphalt street rehabilitation program subject to Hayden
Paving, Inc. filing the HB 1295 Form to the City of Nederland. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:16 p.m. by Mayor Nugent for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.071, Consultation with City Attorney; Chapter 551.072, Deliberations about Real
Minutes Continued, May 21, 2018
Property; and Chapter 551.087, Deliberations about Economic Development
Negotiations.
6. RECONVENE
The regular meeting was reconvened at 6:16 p.m. by Mayor Nugent. He announced
the Executive Session was held for informational purposes only and no action is
necessary.
7. COMMUNICATION
City Manager's Report:
• The City will host a Memorial Day program on Friday, May 25th at 10:00
a.m.
• In observance of the Memorial Day holiday, City offices will be closed on
Monday, May 28th. Garbage service will run one day behind the entire week.
• Public Reception for Chief Bush will be Tuesday, May 29th from 1:30 - 4:00
p.m at the Homer E. Nagel Public Safety Complex.
• The retirement dinner for Chief Bush will be Friday, June 1st.
• The City Manager said he will be in College Station Wednesday, May 30th
and May 31st for a Hurricane Harvey workshop hosted by the Texas
Department of Emergency Manager.
6. ADJOURN
There being no further business a motion was made by Councilmember Belaire and
seconded by Mayor Pro Tern Albanese to adjourn the meeting at 6:21 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
��1V None.
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City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT, ABSENT
R.A. Nugent Mayor `�
Talmadge Austin Council Member-Ward I v
Billy Neal Council Member-Ward II V
Don Albanese Council Member-Ward III V
Craig Belaire Council Member-Ward IV ,V
Chris Duque City Manager
Gay Ferguson City Clerk V
Jesse Branick City Attorney v
Cheryl Dowden Director of Finance v
Darrell Bush Police Chief V
-Gery-Collins- Fire Chief V
Robert Woods Director of Public Works
George Wheeler Building Official
Victoria Klehn Librarian
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary
Angela Fanette Parks Director V
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R.A. Nu.en , a,
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G.v e gus f, City Ierk /
May 21, 2018
Date
,SON c�
ALLISON NATHAN GETZ zi 'ir' 4, : "4 TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR �' 1'
CHIEF DEPUTY
STATE OF TEXAS
COUNTY OF JEFFERSON
I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and
also, by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under
oath, that this amount $66,504.70, represents all taxes collected for CITY OF NEDERLAND
during the month of April 2018.
)14
Allison Nathan Getz, P.C.C.
JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112 •BEAUMONT,TEXAS 77704-2112
PHONE: (409)835-8516 • FAX: (409)835-8589
ORDINANCE NO.2018-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY
CENTERPOINT ENERGY RESOURCES CORP., d/b/a
CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY
TEXAS GAS ("CENTERPOINT" OR "COMPANY") COMPANY'S
GAS RELIABILITY INFRASTRUCTURE PROGRAM("GRIP")FILING
MADE WITH THE CITY ON MARCH 29,2018;FINDING THAT THE
MEETING COMPLIES WITH THE OPEN MEETINGS ACT;MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT,
AND DECLARING AN EFFECTIVE DATE
WHEREAS, on or about March 29, 2018, CenterPoint Energy Resources Corp.,
d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or
"Company")filed an Annual GRIP adjustment for the Beaumont/East Texas Service Area
with the City of Nederland ("City") to increase gas rates in the Beaumont/East Texas
Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE ("Gas Utility
Regulatory Act")§104.301;and
WHEREAS,the Company proposed an effective date of May 28,2018,for the rate
increase;and
WHEREAS, City has exclusive original jurisdiction over the rates, operations and
services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act
§103.001;and
WHEREAS,Gas Utility Regulatory Act§104.301 requires a streamlined process for
the recovery of the costs of incremental investment by a gas utility;and
WHEREAS,the City's review of CenterPoint's GRIP filing is limited to a ministerial
review of the filing for compliance with the statute;and
WHEREAS,the City finds the need to suspend the effective date of CenterPoint's
proposed rate increase for 45 days beyond the Company's proposed effective date until
July 11, 2018 in order to review the Company's filing for compliance with Gas Utility
Regulatory Act§104.301;and
WHEREAS,the reasonableness of the Company's investment will be reviewed in
CenterPoint's subsequent base rate case where all costs included in CenterPoint's GRIP
filing will be subject to refund.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
Section 1. The statement and findings set out in the preamble to this
ordinance are hereby in all things approved and adopted.
Section 2. The effective date of the Company's proposed GRIP rate increase,
and the proposed tariffs related thereto, are hereby suspended
until July 11,2018.
Section 3. To the extent the City finds that the rates proposed by
CenterPoint's filing comply with Gas Utility Regulatory Act §
104.301,then the rates will become effective by operation of law
on July 11,2018.
Section 4. The meeting at which the ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code,Chapter 551.
Section 5. This Ordinance shall become effective from and after its passage.
PASSED AND APPROVED this 21ST day of MAY,2018.
c)//4 "40• or.: R.A.Nugent,Ma r.r
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( }� = City of Nederlan.,Texas
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City of Nederland,
APPROVED AS TO FORM AND LEGALITY:
A#9,04e,e1
Jes - Bra c(ity Attorney
Ci' of •derland,Texas
ORDINANCE NO. 2018-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2017-
2018 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2017-19,which adopted
the Fiscal Year 2017-2018 City Budget;and,
WHEREAS, the City Council deems it necessary to amend the current budget to adjust
revenues and expenditures as set out in Attachment"A"attached hereto;and,
WHEREAS,the 2017-2018 City budget states "That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2018 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2017 and ending September 30,2018,and such funds are hereby appropriated as a City Council
Contingency Account for purposes approved by the City Council;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2017-2018 is amended to allow for adjustments in
revenues and expenditures as set out in Attachment"A."
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget amendment
with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the
Local Government Code.
THAT,this being an ordinance not requiring publication,it shall take effect and be in force
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
REGULAR MEETING THIS THE 21st DAY OF MAY,2018.
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k '• R.A.Nugent U ayor
•�' Qi 0= City of Nede and,Texas
ay Ferg on,City Clerk.'
APPROVED AS TO FORM AND LEGALITY:
Lel Off
Jess- Brani (City Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2017-2018
DATE: May 21, 2018
DEPARTMENT: Various
FUND: General (01)
Dispatch (70)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-2100-6110 Salaries&Wages 1,950,882 25,000 1,975,882
01-9000-6336 Retiree Accrued Compensation 25,000 (25,000) -
70-2100-6350 BLDG/Structure Improvements 500 27,000 27,500
TOTAL 1,976,382 27,000 2,003,382
JUSTIFICATION
In the General Funds,funds are transferred from the Retiree Accrued Compensation line-item to the Police Dept's
salaries and wages line-item to offset the cost of the payment of accrued vacation, sick leave, and comp-time
for two retiriing police department employees.
In the Dispatch Funds, additional funds are allocated to the Bldg/Structure Improvements line-item to cover the
costs of repairs/improvements with the installation of new furniture. The fund balance is be utilized.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
ORDINANCE NO. 2018-14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS,
AMENDING APPENDIX A - ZONING OF
THE CODE OF ORDINANCES, CITY OF
NEDERLAND, AMENDING THE
TOWNHOME REQUIREMENTS, THE
RESIDENTIAL HEIGHT AND AREA
REGULATIONS FOR DUPLEX AND
TOWNHOME DEVELOPMENT, AND OTHER
VARIOIUS SECTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to
utilize police power regulation of health,safety,and general welfare of the public;and
WHEREAS, the Nederland City Council desires to amend the existing development
requirements for duplex and townhome development;and
WHEREAS,a joint public hearing before the Nederland City Council was held on May 7,
2018,pursuant to V.T.C.A.,Local Government Code,Section 211.006,at which hearing the public
was provided the opportunity to voice their comments or questions;and
WHEREAS, the Nederland City Council finds it in the public interest to amend the
regulations of duplex and townhome development as described herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. Appendix A—Zoning of the Code of Ordinances of the City of Nederland is
hereby revised with the following revisions:
A. Amend SUBCHAPTER B. ZONING DISTRICT REGULATIONS, Section 11. District
Regulations,Section 11.5.—R-2,low density residential district regulations:
Section 11.5.—R-2,low density residential district regulations.
1. General purpose and description. The R-2, low density residential district is intended to
provide for site-built two-family(duplex or townhome) dwellings located on individual
lots. The principal use of land shall be on lots of not less than the area specified in
residential height and area regulations (section 12) and appropriate for permitted uses
identified in the schedules of permitted uses (section 13), subject to site plan approval
(section 16) uses permitted in more restrictive residential districts are not permitted in
those less restrictive unless identified in the schedules of permitted uses (section 13)
subject to the same conditions applicable in the more restrictive district.
2. Supplemental use regulations.
a. Requirements for sidewalks(section 20),off-street parking(section 19),fending and
screening(section 18).
3. Townhome requirements:
a. Common area:Private property owned by,and designated for the private use of the
owners or occupants of a townhome in a particular project or subdivision. The
1
common area does not include public streets, alleys, required building setbacks or
utility easements.
b. Off-street parking space:A paved parking space of not less than 180 square feet with
vehicular access to a street or an alley.
c. Project street:A secondary street which affords occupants access to townhome lots
and not designed as a through street.
d. Separation fence: A fence constructed of wood, concrete, concrete blocks, brick,
stone or other permanent material which provide a solid area of at least 75 percent
of the wall surface. Separation fence for private yards shall be no less than six feet
nor more than seven feet from the ground.
e. Townhome/Townhouse: A single dwelling unit, on a separate lot having a common
wall or abutting wall with one or more adjoining dwelling unit structures.
f. Townhouse groups:Minimum of four and no more than eight townhouses connected
under a single roof.
g. Townhouse project: A townhouse development or plan with no less than 12,000
square feet of land. In approving a townhouse project, the Planning & Zoning
Commission shall assure itself that project meets the following conditions that:
1) Property and Structure Appearance
i. Hereinafter, any person wishing to develop a townhouse project within the
corporate limits of the city shall first submit preliminary and final plats in
accordance with the subdivision ordinance, dedication instruments,
homeowners association by-laws and deed restrictions of the project to and
for the approval of the planning and zoning commission and the city council,
following the procedures for same as described in the subdivision ordinance.
It is required that the final plat, dedication instruments, homeowners
association by-laws, and deed restrictions be filed with the County Clerk of
Jefferson County,Texas.
ii. Projects must be laid out on contiguous land, all interrupted by intervening
public streets and not less than four townhouse units.
iii. Property adjacent to the area included in the project shall not be adversely
affected. The restriction of natural drainage across the project property from
the adjacent property and drainage of the developed project property onto
the adjacent property is strictly prohibited.
iv. The lots or area within the project shall be used only for single-family
dwellings and uses commonly accessory thereto such as garages,carports,or
storage areas.
v. The project is consistent with the intent and purpose of this ordinance to
promote health,safety,morals,and general welfare.
vi. Townhomes within the project shall be constructed such that each front
facade shall be contrasting appearance such that no two townhome dwellings
look the same. The Planning and Zoning Commission may approve a project
with staggering fronts for each townhome in lieu of the contrasting front
facades should they feel that the staggering effect gives each townhome their
own distinguishable appearance.
vii. At each location of the fire rated separating common wall,each dwelling unit
shall be constructed protruding past the front wall a minimum of two feet
such that each townhome has front door privacy.
viii. At minimum, each townhome dwelling unit is required to have a single car
garage either attached or detached from the main living area.
2) Access
i. All townhome projects shall have direct access from at least one dedicated,
improved,and accessible access street having a minimum pavement width of
not less than 27 feet.
ii. All townhouses shall immediately abut and have direct access to an access
street,project street or alley.
iii. Project streets shall have a minimum right-of-way width of 50 feet and shall
be developed with a minimum 27 feet wide concrete paving section
2
constructed with concrete curbs and gutters in accordance with Subdivision
Ordinance-Chapter 94.
3) Density
i. No townhouse projects shall have a greater density than 14 lots per gross
acre.
4) Area
i. Each lot shall have a minimum width of not less than 30 feet.
ii. Each townhouse shall provide a minimum land area of 3,000 square feet and
in additional shall meet the required building set back lines as set forth in the
following section.
5) Building Setback Lines
i. A front building setback line of 20 feet shall be required for all lots and
townhouse structures on an access street.
ii. A front building setback line of ten feet shall be required for all lots and
townhouse structures fronting a project street. However,the Planning and
Zoning Commission may approve reductions to an average five foot setback
if staggered front setbacks are used. Such average is to be determined across
the frontage of a minimum of five adjoining lots. The differential in front
setbacks shall not exceed ten feet for adjoining lots.
iii. A rear building setback line of 20 feet shall be required for all lots and
townhouse structures backing on an access street and such lots or structures
shall be denied direct driveway access to the access street.
iv. A rear building setback line of 20 feet shall be required for all lots and
townhouse structures abutting a recorded plat used or intended to be used
for single-family detached dwelling units.
v. A side building setback line of 20 feet shall be required on the side for all lots
and townhouse structures siding on an access street or siding upon a plat
boundary of the project.
vi. No building setback line shall be required on the sides of a lot or townhouse
structure abutting project streets, except where, in the opinion of the
Planning and Zoning Commission, traffic safety necessitates the
establishment of such setback.
vii. All lots and townhouse structures without rear access will have a minimum
rear setback of ten feet,or the width of any required easement,whichever is
greater.
6) Common Area Space
i. A minimum of 200 square feet of common area space per lot or townhouse
shall be provided within the project.
ii. Where townhouse lots and dwelling units are designed to face or front each
other across common area space rather than fronting upon a public street,
such common area space shall be at least 40 feet wide. However,in no case
shall common area space be less than 25 feet wide where any dwelling units
are side by side and not facing each other.
iii. In computing the required common area space, required front or side
setbacks, streets, alleys, or other public rights-of-way of any kind,vehicular
drivers or parking areas, drainage easements, and utility easements
containing or permitting overhead pole carried service,shall not be included.
7) Separation Fence or Screening or Enclosure Wall
i. Where townhouse lots or units are backing on a public street or backing or
siding on lots in a recorded plat used or intended to be used for single-family
detached dwelling units,or backing or siding on undeveloped property in a
residential zoned district, a two-foot wide easement shall be provided
abutting the street or common lot lines and a separation fence or a screening
3
or enclosure wall as defined herein shall be constructed in conformance with
city standards and permanently maintained by the homeowner's association
upon the easement to provide a visual screen. The construction of separation
fences or screening or enclosure walls shall conform to specifications and
standards as defined herein.
8) Parking
i. In general,there shall be three parking spaces per townhouse lot.
ii. At least two off-street parking spaces for each townhouse lot shall be
provided within the project.
iii. One additional parking space per lot shall be provided off-street.
9) Easement
i. The Department of Public Works shall determine the width of the public
easements for utilities and other purposes on an individual basis for each
project in accordance with requirements of the water and sewer system of
Ordinance Chapter 94.
ii. Aerial easements, if any, may not be located along frontage of lots or
structures.
10)Height
i. No building or structure within a townhouse project shall have a height
greater than two and one-half stories or 35 feet. However,no such building
structure adjacent to a plat boundary that is coincident with the side lot line
of a lot upon which a single-family detached dwelling unit exists shall have a
height greater than the adjoining single-family detached dwelling unit.
11)Sidewalks
i. A sidewalk of concrete or other permanent material having a width of at least
four feet shall be constructed along the front of each lot or structure.
12)Variances
i. When a developer shows that a provision of the regulations would cause
unnecessary hardship if strictly adhered to;and where,in the opinion of the
Zoning Board of Appeals a departure may be made without destroying the
spirit of the regulations.
13)Site Plans
i. Site plans submitted to the Inspection Department shall have the following
information at a minimum as applicable:
• Scale and all dimensions to scale;
• North arrow;
• Description of the project—example:a 500 square foot master bedroom
addition to an existing 1,500 square foot one-story residence;
• Property lines with dimensions;
• Existing/proposed structures with floor area;
• Distance of structures to property lines(setbacks);
• Existing/proposed fences;
• Existing/proposed signs with area,height;
• Existing/proposed landscaping;
• Existing easements;
• Existing/proposed drainage pattern;
• Existing/proposed impervious surface,i.e.driveways,patios,sidewalks.
B. Amend SUBCHAPTER B. ZONING DISTRICT REGULATIONS, Section 12. Height and
Area Regulations,Section 12.2.—Schedule of residential height and area regulations:
4
Section 12.2.—Schedule of residential height and area regulations.
SCHEDULE OF RESIDENTIAL HEIGHT AND AREA REGULATIONS—CITY OF NEDERLAND
R-1 R-2 R-3 R-4
Duplex Residential Medium Manufactured Home PD
District Density District
District
Single Family Duplex Homes(9 � Multi-family Park� Subdivision
Lot Area(sq.ft.) 5,000 8,000 3,000 2,250 5,400 3,600
Single-story apt. n/a n/a n/a 1,500/unit n/a n/a n/a
Multi-story apt. n/a n/a n/a 1,000/unit n/a n/a n/a
Front yard(ft)(5) 20 20 20 0) 15 10(2) 20 20
Rear yard(ft) 20 20 20 5 10 20
Single-story apt. n/a n/a 20 10 n/a n/a n/a
Multi-story apt. n/a n/a 20 30 n/a n/a n/a
Side yard(ft) 5 5 20(7) 5 3 5 5
Corner lot side yard 10 10 20 10 n/a 10
E (ft)
.—
.E
o Lot width(ft) 50 80 30 50 30 50 40
Lot depth(ft) 100 100 100 n/a 75 50 80
Dwelling unit size 1,200 900 1,200 650 n/a n/a 900
(sq.ft.)
Open space n/a n/a 200'/DU 200'/DU(8) (3) n/a n/a
required(sq.ft.)
Off-street parking 2 2 2 2 2 2 2
spaces'
Percent lot 60 40 65-1 story 40 n/a 55 60
coverage 75-story
Building height(ft) 35 35 35 35 n/a n/a 35
main building
EBuilding height, 12 12 12 12 12 12 12
. accessory(ft)
Density/gross acre 5.8 10 15 29 15 6.5 10
(revised)
(�1 Provisions apply to manufactured home park"spaces"only with setbacks from private streets.
(2) Setback from class 1 private street.Setback reduced to five feet from class 2 private street.
(3) 2,250 usable square feet for the first 15 spaces plus 25 sq.ft.for each additional space.
(4) Lots siding on an access street or upon a plat boundary of the project shall not be less than
28 feet in width.
(s) Includes front line of the building, covered porch or covered terrace,or attached accessory
bldg.
(6) Fronting access road;ten feet facing project road and can be reduced to five feet for staggered
setbacks by P&Z.
(7) Structures backing an access street or abutting single-family detached housing;ten feet w/o
rear access.
(s) Open Space minimum of 1,200 square feet not less than 30 feet in width on the narrowest
side.
(9) Town home development shall comply with Section 11.5(2b).
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C. Amend SUBCHAPTER B. ZONING DISTRICT REGULATIONS, Section 13. Schedule of
Permitted Uses by adding(P)permitted use in C-1,C-2,and C-3 for Townhomes:
Section 13.2.—Schedule of residential height and area regulations.
Legend for interpreting schedules of permitted principal and accessory uses:
P-Use permitted in district indicated.
S-Use may be permitted upon approval of specific use permit.
T-Use may be permitted as temporary use.
R-1 R-2 R-3 R-4 NAICS Permitted Parking C-1 C-2 C-3 I-1 I-2 1-3
Primary Use Group
Single Low Medium Manufactured Office Neighbor- Highway Light Medium Heavy
Family Density Density Home Commercial hood Commercial Industrial Industrial Industrial
Residential Residential Retail
P P 814* Dwelling,accessory 21 P P P P
garage apartment
P P P 814* Dwelling,detached 21 P P P
single-family
P P P 814* Dwelling,duplex 21 P P P
Dwelling,
P 814* manufactured 21
home HUD Code
P 814* Dwelling,multi- 21
family
P P 814 Dwelling,townhome 21 P P P
SECTION 3. The meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
SECTION 5. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED THE 21sT day of MAY,2018.
APPROVED:
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;J•.�� R.A.Nugent,M r
04'cObery O "' City of Nederland,Texas
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ATTEST:
.11,4 I Ai ill Aildi-
Gay Ferguson,City Clerk
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
Jes - Bra'ick,City Attorney
Cit o 'ederland,Texas
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