10-21-2004 Regular Meeting, Public Hearing, and Workshop Meeting of the La Porte Planning and Zoning Commission

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Planning & Zoning Commission • November 18, 2004 Maximum Height Zoning Ordinance Amendment Page 4 of 4 • Since family/residential structures are habitually not sprinklered, Staff, at this point, recommends residential use requirements as currently presented in the Zoning Ordinance regarding maximum allowable heights remain intact. • Commercial/Industrial maximum height requirements are removed. Conclusions: The footprint of remaining land in the commercial and industrial zones of the City, due to shape and size, is becoming more restrictive to development. Economic development is one of the highest Council priorities. The factors promoting economic development, however, must be balanced with factors of `safe' development. Given that the LPFD has no issues with maximum heights of building (with building and fire codes remaining current and updates approved); and since the Fire Code and the IBC are both restrictive on the heights of buildings in light of other considerations on a case - by -case basis, the City Staff feels that it is in the best interests of the City of La Porte to eliminate the stated height restrictions for commercial/industrial properties. In lieu of the current restriction of 45 feet, each project would be reviewed on its own merits and in relation to the existing Fire Code and IBC to determine supportability. In addition, the Planning Department would assume the flow testing duties to ensure fire suppression capabilities in relation to the height of the proposed structure. We believe that this measure represents an equitable balance between economics and safety. Recommendation: Upon the conclusion of the workshop held on October 21, 2004, the Commission reached a consensus that the 45' maximum height rule remains intact. The stated reasons are as follows: • There have not been many requests for variances or special exceptions to the rule and P&Z felt the action to remove the rule was premature. • Several members felt that the 45' rule remained a valuable tool to monitor growth and development within the City and was in the best interests of the citizens to review applications on a case -by -case basis regarding the maximum height of development. It is, therefore, recommended that the Planning and Zoning Commission forward their official position for action by City Council that the maximum height rule of 45' remain in Chapter 106 (Zoning).