O-2007-1501-X5 restrictions for hotels/motels adjacent to residential

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: ~ulv 23. 2007 Requested By: wavnf ~o Department: Planninl! Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance: X Exhibits: Zoning Map Ordinance SUMMARY & RECOMMENDATION The Planning and Zoning Commission directed staff to consider the issue of hotels/motels being allowed in the General Commercial (GC) zoning districts when adjacent to residential uses in the City of La Porte. At the April 19, 2007, Planning and Zoning Commission meeting, residents raised concerns over the proposed motel at 11003 Fairmont Parkway near Driftwood adjacent to Fairmont Park East, Section 5. The project is a "permitted" activity. Staff researched and presented this item at a workshop on May 22, 2007. On June 21, 2007, the Planning and Zoning Commission conducted a formal public hearing. The purpose of this hearing was to consider making a formal recommendation to the City Council for an amendment to the Zoning Ordinance (Chapter 106) of the Code of Ordinances imposing restrictions on the placement of hotels and motels within the General Commercial (GC) zoning districts when adjacent to residential zoned property, e.g. Low-Density Residential (R-l), Medium Density Residential (R-2) and High Density Residential (R-3) zoning distri cts. Section 106-441, Table A, Commercial Uses of the Code of Ordinances permits Hotels and Motels with SIC Code# 7011 (Industry Group No. 701). As per current ordinances, when a commercial property is adjacent to residential zoned property, screening and/or landscaping & buffering mechanisms are required. The building setbacks are Front 20', Rear 20', and Sides 10' adjacent to residential uses. The Rear 20' area is required for landscaping and screening from view of adjoining residential buildings in compliance with Section 106-444(a) of the Code of Ordinances. Landscaping/screening should make an opaque fence with plant height reaching at least six to eight feet within two years from the time of planting. Given that many different situations and footprints exist throughout the City when GC zoning districts are adjacent to residential uses, the Commission considered adding a footnote (No.4) to Table A, Section 106-441, that the hotel/motel use is "Conditional" in the General Commercial (GC) zones, when adjacent to the stated residential districts. While options of prohibiting hotels/motels in GC adjacent to residential districts or adding additional buffering requirements were weighed by the Commission, the "Conditional" use seemed to be the best method for analyzing the proposed projects on a case-by-case basis. The prevailing opinion was that in this way, the Commission and Council could consider the balance of economic factors and residential health, safety and welfare. Several cities in the area have approached this issue by adopting similar measures. Per Section 106-171 (3), a mail-out was not required. By unanimous vote, the Planning and Zoning Commission recommends to Council that Table A, Section 106-441 of the Code of Ordinances be amended to declare hotels/motels a conditional use in General Commercial Zoning Districts when adjacent to stated residential zoning districts. Action Reauired bv Council: 1. Conduct a Public Hearing 2. Consider approval of an ordinance amending Chapter 106 (Zoning), Table A, Section 106-441 by establishing hotels/motels as a "Conditional Use" in GC when adjacent to residential R-l, R-2 and R-3 zoning districts. Approved for City Council Al!enda "'1 c:', 7r7 (O~7 Date