02-18-10 Special Called Meeting and Public Hearings of the La Porte Planning and Zoning Commission

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Planning and Zoning Commission Minutes of February 18, 2010 Page 2 of 4 Parking lot with minimum twenty spaces shall provide a planter at the ratio of one for every ten parking spaces. Shade trees shall be min. of 2" caliper and Ornamental trees shall be min. of 6' in height at the time of planting. The City's recommended native/protected trees and plants list is available. Tree Preservation As per our current provisions, City has a control only within 15 feet of the street right-of-way (ROW) line or easement line abutting front yard or within 10 feet of the street right-of-way line or easement line abutting required side yard with a trunk exceeding six inches in diameter at a point 18 inches above the natural ground level, must be protected. Staff recommends to include overall developed site area to discourage premature clear-cutting of the property. Tree Replacement In addition to the existing provisions, Tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any qualifying protected tree. In the event that it is necessary to remove a protected tree, the applicant shall be required to replace tree(s) being removed with replacement trees. Tree Fund Current provisions in the Code of Ordinances have no requirements for tree fund in case there is no place for the trees to be planted at the developed site. Hence, staff recommends the following provisions shall be established. . Custodian designated - Director Parks & Recreation is authorized to administer the operation of the tree fund. Source of monies - All revenues, mitigation fees, and penalties received under this section and any donations or grant monies received to achieve the purpose of this section shall be deposited into the tree fund. Appropriation - Monies in the tree fund may be used to purchase trees required for replacement but may not be used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the rate of one hundred dollars ($100.00) per caliper inch of tree or shall be periodically adjusted as the market value of replacement trees warrants. The Commission Members asked staff to bring back for Public Hearing. B. Masood Malik, City Planner, gave staff's report on Lot Coverage. Staff has several inquiries and potential cases for variances to the maximum lot coverage rule as stated in the Zoning, Chapter 106 of the Code of Ordinances. At issue are lots in the recorded subdivisions particularly the Lakes at Fairmont Greens, Section 1, along Wharton Weems Boulevard at State Highway 146. At present, the homes will be built close to, or at the maximum allowable lot coverage of 40%. However, accessory buildings 200 s.f. or less and patio cover up to 900 s.f. are exempted from 40 percent lot coverage on single-family detached. Staff analyzed the situation and compared cases with neighboring cities to determine an equitable way to possibly alter the zoning criteria to maintain the intent of the ordinance while alleviating the need for variances on a case by case basis. The basic objective of this lot coverage is to minimize the threat of flooding to the areas and to minimize the effect of continued development in the watershed. The City's Public Improvement Criteria Manual (PICM) uses a 55% coverage factor for drainage. The criteria, however, take into account the roofed structures and all impervious cover created by driveways, carports, sidewalks