HomeMy WebLinkAboutO-2005-1501-FFFF
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ORDINANCE NO. 1501- FFFF
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, SECTION 106-443 TABLE B (COMMERCIAL) AND SECTION 106-522 TABLE B
(INDUSTRIAL), BY REMOVING THE MAXIMUM HEIGHT OF 45' REGULATION FOR STRUCTURES
WITHIN THESE ZONING DISTRICTS OF THE CITY OF LA PORTE; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 18th day of November, 2004, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas,
pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government
Code, to consider the question and the possible reclassification of the zoning classification of
the hereinafter described parcels of land. There'is attached to this Ordinance as Exhibit "A",
and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice
of Public Hearing, which the City Council of the City of La Porte hereby finds was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. On November 18, 2004, the Planning and Zoning Commission of the City
of La Porte met in regular session to consider changes in classification, which were the subject
of such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on
the 19th day of November, 2004, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
ORDINANCE NO. 1501- F-'
Page 2
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hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 28th day of February, 2005, at 6:00 p.m., and pursuant to due notice,
to consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes.
"Section 6.
By an affirmative vote of at least three-fourths of the City Council of the
City of La Porte hereby rejects the recommendation of the City of La Porte Planning and Zoning
Commission, and approves amendment to the zoning regulations regarding maximum height.
"Section 7. There is attached to this Ordinance as Exhibit "F" amended Section 106-
443, Table B and Section 106-522, Table B incorporated by reference herein and made a part
hereof for all purposes.
"Section 8. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are
desirable and in furtherance of the goals and objectives stated in the City of La Porte's
Comprehensive Plan.
"Section 8. The City Council official finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the publiC as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
ORDINANCE NO. 1501- F~
Page 3
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considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
"Section 9. This Ordinance shall be in' effect from and after its passage and approval.
Passed and approved this theJf6/1v day of a, 2005.
CITY O~ PORTE V
By: ~~. ~~
ALTON PORTER, Mayor
ATTEST:
BY:'i;/!L~, ~
MA T A GILLETT, City Secretary
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 18th day
of November, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider amending Ordinance No. 1501 of the City
of La Porte, pertaining to Section 106-333; Table B., Residential Area Requirements, Section
106-443; Table B., Commercial Area Requirements and Section 106-522; Table B., Industrial
Area Requirements. The purpose is to amend, change or modify the maximum allowable height
for structures within those zones.
A regular meeting of the Planning and Zoning Commission will follow the public hearing for the
purpose of acting upon the public hearing items and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL.
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR
FURTHER INFORMA TION.
!t-XH1SW A ~i
: PUBLIC NOTICES
-
THE CITY SECRETARY'S
OFFICE AT 28~. .
. OR TDD UNE 71-
5030 FOR FU R IN--
FORMATION.
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"
!
II THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
I
" NOTICE OF PUBUC
HEARING
i In accordance with the e
.. provisions of Section 1~
171 of the ~de of Ordi-
: nan~of~ City o~ La
! ~fo e,~ ,.e~, r . ';:
; n , ~
I he 'glY,n that eLa
Porte P1aniflng ana Zoning
Commission will conduct a
, pUblic hearing at 6:00 P.M.
: on the 1B1h day 01 NO.'
vember. 2004. in the
Council Chambers of the
City Hall, 604 West Fair-:'a Porte
, 'mont Parkway, La Porte, E Harr is
Texas. The purpose of,
this hearing is to conSider Texas
amending Ordinance No.
1501 of the City of La
Porte, pertalhlng to Sec- . . .
Jion 106-333; Table B., ~, the unders~gned author~ ty, on th~s date,
~esidential Area Require- appeared Karolyn Kellogg, a duly authorized
manis, Section 106-443; t t. f Th B h S . kl
Table B., 'Commercial a ~ ve 0 e ays ore un, a sem~-wee y
Area Requirements and r published and generally distributed in the
SectIon 106-522; Table B., La Porte Harris County Texas and who after
Industrfal Area Require-' , .
ments. The pUrpose Is to ly sworn, swears the attached not~ce was
amend, change Oi modify d in The Bayshore Sun dated ;"0/3/ / ,;(()() 4
the maximum allowable' ' , ~
; .helght 'for stni~res within "
, those zones.' ' ", "
, ,
r A. regular meeting of the "7 /. '#' I ~tp
PI!ln~lng ~ ZonIng' Com- /./U -I u ( / , ,/ "
IllISSIOO will follow the pub- '~ /,
lie hearing for the purpose K 11
of acting upon the public e 099,
hearing items and to con-
duct other matters pertain-
Ing to the Commission.
~ Lll:Cl
as 77571
281-471-1234
Fax: 281-471-5763
re SUD
"
'Servillg The
'~ subscribed before me this
Citizens wishing to ad- 9 2 005
, .
dress the Commission pro -'
, or con durlr;1g the Public
Hearing wiD be required to R...
~ign in before the meeting :... ./C'.
IS convened.
/1 -r l!... day of
ti~ Z/./vvv--
CITY OF LA PORTE
Martha Gillett
City Secrerary
~. Bumgarner
?ublic
::ounty, Texas
My Commission Expires April 30, 2006
s
;-XHIBIT '8
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City of La Porte
Established 1892
November 19,2004
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Maximum Height Rule
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during a regular meeting on November
18, 2004, held a public hearing to consider amendments to the Zoning Ordinance
(Chapter 106), Section 106-333; Table B., Residential Area Requirements, Section 106-
443; Table B., Commercial Area Requirements and Section 106-522; Table B., Industrial
Area Requirements to change the maximum allowable height within those zones.
After a careful consideration, the Planning and Zoning Commission, by a unanimous
vote, forwarded their official position for action by City Council that the maximum
height rule of 45' remains in Chapter 106 (Zoning).
1pectfullY Submitted,
Pat Muston
Chairperson, Planning and Zoning Commission
c: Debra Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
~HIBllT C
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
City Council will conduct a public hearing at 6:00 P.M. on the 28th day of February, 2005, in the
Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider amending Ordinance No. 1501 of the City of La Porte, pertaining to
Section 106-333; Table B., Residential Area Requirements, Section 106-443; Table B.,
Commercial Area Requirements and Section 106-522; Table B., Industrial Area Requirements.
The purpose is to amend, change or modify the maximum allowable height for structures within
those zones.
A regular meeting of the City Council will follow the public hearing for the purpose of acting upon
the public hearing items and to conduct other matt~rs pertaining to the Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
THIS FACILITY HAS DISABILITY ACCOMMODATION~ A VAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR
FURTHER INFORMATION.
BHISIT n
f --~-_.
. THE Sl:~ 9f''l'EXAS
COUNTY OF' HARRIS
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CITY OF LA PORTE
NOTICE OF PUBLIC
. , HEARING
'trcct
s 77571
281-471-1234
Fax: 281-471-5763
"
. In accordance with' the
provisions of Section 106-
171 of. the Code 'of Oldi.
naoces of the ,CItY of La ~
Porte, and lhe p~ovlslons ~
of the Texas LociaJ 'Gov- ....
. emment Code, notice is'
hereby given .that. the La .
Oily Council will conduct a;
: pu~~' h . gat 6:00 P.M. ,
I Olf'th\l ~ Febru- .
: ary!'. ~u.r uncD'
Cti., bel' the Hall:
604 We Ii' .' Park- C
way, La \ ri , Texas. The
purpose Of this hearing Is
t~ consider amen~l"9 Or-
dInance No. 1501 or/the
Cily of La Porte, pertaining
to Section 106.333; Table
B., Residenti81 Area Re-
quirements, SeCtion 106-
443; Table B., Commercial
Area Requlrem8rifS" ~ ai1d
Section1.06-5a,2;Table"S.", the undersigned authority, on this date
~~h Area . R~IsUjr8- appeared Karolyn Kellogg ,a duly authorized
e PUrPOSe. to. . f h h S . kl
amend,changeormodify .at1ve 0 T e Bays ore un, a sem1-wee y
th~ maximum allowable ' published and generally distributed in the
h9fght for slructures Within a Porte Harris County Texas and who after
those zones. I, , .
.y sworn, swears the attached not1ce was _
I in The Bayshore Sun dated O;2./13).;J.tJOS
. . ,
,re SUD
a Porte
Harris
Texas
A. regular meeting of the
City Council will fOllow the
public hearfngfor Ihe pur~
~ of acting upon. the
publIc hearing lIems and to
C~nduct other matte is. per~ .>
taming to the COUnciL .' / _
" : . . .&..--u.-, '"'6.-
Citizens wishing to ad-
dress the Council pro or.
co!,! durlf1g the P:.ablic Kellogg
Hearing will be required to
"
"
s~rn and subscribed before
~~d--- ,2005.
L~A.~()"'~
me this
/1 ~1+
day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
.
~IBIT E
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ZONING ~ 106-443
Uses (SIC Code #) Zones
Cr NC GC
Outdoor sales as a primary or accessory use * * P(C,G)
Outdoor storage as a primary or accessory use C * P(B)
Off-site parking C C C
Off-street loading C C C
Joint parking C C C
Drive-in or drive through facilities as
an accessory or principle use C C C
Kennels, boarding (0752) * * C
Kennels, breeding (0279) * * C
Unlisted uses, similar to uses listed above C C C
1. Refer to chapter 10 of this Code. (l\Just be at least 300 feet from church, school or hospital.)
(Ord. No. 1501-11,97, 10-14-02)
Sec. 106-442. Interpretation and enforcement.
Property uses, except as provided for by section 106-441, Table A, are prohibited and
constitute a violation of this chapter.
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, commercial area requirements.
Uses
Minimum
Landscaping
5
Maximum
Lot Coverage
Minimum
Yard
Setbacks
FR.S.
1.3.4.6,7
Adjacent to
Residential
Minimum
Yard
Setback
FR.S.
2.6
Maximum
Height
(feet)
R-3 uses (pennitted) except
Single-family, detached and
Special lot, duplexes.
quadruplexes, townhouses,
and multifamily
6%
Density Intensity Regulations Specified in Table B, residential area
requirements, section 106-333
CR Comm. Recreation Dist.;
All permitted or conditional
NC Neighborhood Comm.; all
Permitted or conditional
6%
50%
20-10-0
20-10-10
N/A
Supp. No.9
CD106:60.1
'm(HlBIT F .
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Staff Report
November 18,2004
Maximum Height in Zoning Districts
Zoning Ordinance Amendment
City Council has directed the Planning and Zoning Commission to consider proposed
amendments to the Zoning Ordinance (Chapter 106), Section 106-333; Table B.,
Residential Area Requirements, Section 106-443; Table B., Commercial Area
Requirements and Section 106-522; Table B., Industrial Area Requirements to amend,
change or modify the maximum allowable height for structures within those zones. Staff
analyzed the situation thoroughly and presents this item to the Planning and Zoning
Commission for their discussion and eventual recommendations to City Council for the
following changes to the Code of Ordinances relating to maximum allowable heights for
structures.
Existinl!: Requirements:
Zoning - Under the Sections listed above, the maximum allowable height
for structures are:
Residential
. Single Family detached---
. Single Family large Lot---
. Single Family Special Lot-
. Duplexes---------------------
. Single Family Converted--
. T ownhomes/Quads---------
. Multifamily------------------
. Manufactured Housing----
CommerciallIndustrial
. General Commercial-------
. Business Industrial---------
. Light Industrial--------------
. Heavy Industrial-------------
35 feet
45 feet
35 feet
45 feet
35 feet
45 feet
45 feet
25 feet
45 feet
45 feet
45 feet
45 feet
NOTE: Shipping Containers are governed by a separate ordinance
which establishes the maximum stacking to be four (4) containers
regardless of height.
Planning & Zoning commeon
November 18, 2004
Maximum Height
Zoning Ordinance Amendment
Page 2 of4
It
Backeround
. As previously explained, the exact reason for establishing the maximum height
for buildings within the City at 45 feet is not known. Discussion of fire protection
and the general blocking of view were offered as possible reasons.
. The current discussion was precipitated by the application of a proposed Hotel,
constrained by narrowness of available land for development, to build a fourth
story and thereby exceeding the maximum allowable height of 45 feet by a total
of 6 feet. .
. Given the economic challenges to development posed by in-fill lots and the
reduced dimensions of available land, commercial developers are beginning to
seek relief from the height requirement to make their project more economically
feasible. Adding additional stories to buildings compensates for the reduction of
footprints at the base of the building to allow room for required parking,
landscaping and maneuver isles. Viewing economic development as a priority,
City Council is requesting a review of the issue.
. As was briefed at previous Planning .and Zoning Commission and Zoning Board
of Adjustment meetings, the LPFD has no issue with fighting fires in taller
buildings. While current equipment can reach 100 feet, a good rule of thumb is 7
stories (70 feet) due to having to position the truck to fight the fire. This
limitation, however, does not prevent the building from additional stories in
excess of 70 feet. LPFD has stated that subject to the structures being built to
building and fire codes (e.g. requiring a sprinkler system); they see no limiting
factor to height of the building from their perspective. The fire Code, with
amendments, states:
603.15.9
Additional Required Automatic Sprinkler Systems
In addition to any other fire and/or building code requirements the
following occupancies shall be totally equipped with a sprinkler
system.
1. ASSEMBLY OCCUPANCIES
(A) All Class A assembly occupancies.
(B) When a Class B assembly occupancy is located in a building above
the level of exit discharge, the entire building shall be equipped with a
sprinkler system.
Planning & Zoning Com~on
November 18, 2004
Maximum Height
Zoning Ordinance Amendment
Page 3 of4
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(C) When a Class C assembly occupancy is located in a building two
(2) stories or more above the level of exit discharge, the entire building
shall be .equipped with a sprinkler system.
2. BUSINESS OCCUPANCIES
A business occupancy 3 stories or more in height shall be totally
equipped with a sprinkler ~ystem.
3. RESIDENTIAL OCCUPANCIES
(A) Hotels, motels, dormitories or lodging or rooming houses 3 stories
or more in height, with exterior means of egress, the entire building
shall be totally equipped with a sprinkler system.
(B) Hotels, motels, dormitories or lodging or rooming houses 2 stories
or more in height, with interior means of egress, the entire building
shall be totally equipped with a sprinkler system.
(C) Apartment buildings, townhouses and condominiums 3 stories or
more in height, with interior means of egress, the entire building shall
be totally equipped with a sprinkler system.
(D)Apartment buildings, townhouses and condominiums 2 stories or
more in height, with interi"or means of egress, the entire building shall
be totally equipped with a sprinkler system.
(ORD. No. 98-2221, ~ 2-9-98)
. Similarly, Table 503 of the International Building Code (laC) addresses height
requirements. Table 503 utilizes intended use & construction type of buildings to
determine allowable height and areas for a building.
. Later sections (Sec. 504) does allow for some increase in building stories/height
when automatic sprinkler system requirements are met; and Sec. 506 provides for
some area modifications based on certain setbacks & sprinkler systems.
. The building code is, in fact, more restrictive than the Fire Codes. Even with
sprinkler systems, most building height & area limitations are not unlimited and
are governed by the IBC.
. Future major developments would require flow testing on the water distribution
system in vicinity of the proposed project to determine fire suppression
capabilities in relation to the proposed height of the project.
Recommended Reauirements:
Planning & Zoning comm.on
November 18, 2004
Maximum Height
Zoning Ordinance Amendment
Page 4 of 4
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. 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 iri 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).
~ 106-443
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LA PORTE CODE
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Uses
Minimum
Landscaping
5
Maximum
Lot Coverage
Minimum
Yard
Setbacks
F.R.S.
/.3.4.6.7
Adjacent to
Residential
Minimum
Yard
Setback
F. R.S.
2.6
Maximum
Height
(feet)
GC General Comm.; all per-
mitted or conditional
6%
40%
20-10-0
20-20-10
N/A
Outside sales or services
N/A
N/A
N/A
5-5-5 Same as
principle
use
20-10-5 Same as
principle
use
See article VII of this chapter
N/A
Outside Storage
N/A
See Section
106-444 (b)
Freestanding on premises signs
Freestanding on premises signs
located in controlled access
highway corridor
See article VII of this chapter
(b) Footnotes to Table B.
1. A minimum Landscape setback of20 feet will be required adjacent to all
designated conservation areas. Buildings, parking areas, Loading docks, outside
storage, and refuse containers will not be allowed in such setback areas. These
areas are to be landscaped with trees, shrubs, and groundcover, with a planting
plan required to be submitted and approved by the enforcing officer. Required
landscaping must be maintained by the property owner and/or occupant.
2. Screening is required in conformance with section 106-444(a).
3. All yards adjacent to public right-of-way must be a minimum often feet.
4. The minimum setback adjacent to any utility easement shall be three feet.
5. See article V, division 4 of this chapter for additional requirements.
6. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a
level between three feet and six feet as measured above adjacent road grade.
(Ord. No. 1501-X, ~ 5, 12-16-96; Ord. No. 1501-JJ, ~ 7, 10-14-02)
Sec. 106-444. Special use performance standards.
(a) Required screening.
(1) Planting strip. A planting strip shall consist of evergreen groundcover, and shall
be of sufficient width and density to provide an effective screen. The pLanting
strip shall contain no structures or other use. Such pLanting strip shall not be less
than six feet in height. Earth mounding or berms may be used, but shall not be
used to achieve more than two feet of the required screen.
Supp. No.9 CD106:60.2
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ZONING
~ 106-522
and city council may require that efforts to reduce the potential noise impact be
undertaken. These efforts may include screening, landscaping and site planning
techniques.
(Ord. No. 1501U, ~ A(art. B), 9-23-96; Ord. No. 1501-AA, ~ 6, 3-23-98; Ord. No. 1501-BB, ~ 5,
9-15-98; Ord. No. 1501-II, ~ 5,3-27-00)
Cross reference-Sexually oriented businesses, ~ 90-31 et seq.
Sec. 106-522. Table 8, industrial area requirements.
(a) Table B, industrial area requirements.
Minimum Maximum
Landscaping Lot
Requirements Coverage
Uses (percent) (percent)
HI business-industrial park; 6 50
All permitted or conditional
LI light industrial district; 6 70
All permitted or conditional
HI heavy industrial district; 6 30
All permitted or conditional
Loading docks N/A N/A
Minimum
Yard
Setbacks
F.R.S.
1,2,3
(feet)
50-40-30
20-10-10
50-50-30
130-130-130
Outside storage
N/A
N/A
20-10-5
Shipping Containers
N/A
6
50-50-30
-On- and off-premises free
standing signs
Adjacent to
Residential
Minimum
Yard
Setback
F.R.S.
2,5
(feet)
50-40-30
30-50-50
100-150-150
Same as
principal
use plus
130 ft.
Same as
principle
use
100-150-150
See article VII of this chapter
Freestanding on-premises
signs located in controlled
access highway corridors
See article VII of this chapter
(b) Footnotes.
Maximum
Height
(feet)
N/A
N/A
N/A
N/A
Section
1 06-444(b)
1. A minimum landscape setback of 20 feet will be required adjacent to all designated
conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse
containers will not be allowed in such setback areas. These areas are to be landscaped
with trees, shrubs, and ground cover, with a planting plan required to be submitted and
approved by the enforcement officer. Required landscaping must be maintained by the
property owner and/or occupant.
2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be
allowed in such setback areas. These areas are to be landscaped with trees, shrubs and
ground cover, with a planting plan required to be submitted and approved by the
enforcement officer.
.
.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Februarv 28. 2005
Requested By: wavne~
Source of Funds:
NA
Account Number:
NA
Department:
Planninl!
Amount Budgeted: NA
Report: -X-Resolution: _Ordinance:
Exhibits:
P&Z Staff Report
Ordinance 1501-
Amended Commercial and Industrial Tables.
SUMMARY
On January 10,2005, City Council directed staff to conduct a review of the 45' maximum height
requirement for structures as stated in Chapter 106 (Zoning), City Code of Ordinances, and to
bring recommended changes back to Council in February 2005.
City Council directed the Planning and Zoning Commission to consider proposed amendments to
the Zoning Ordinance (Chapter 106), Section 106-333; Table B., Residential Area Requirements,
Section 106-443; Table B., Commercial Area Requirements and Section 106-522; Table B.,
Industrial Area Requirements to amend, change or modify the maximum allowable height for
structures within those zones. After a workshop; public hearing and finally at the November 18,
2004, meeting, the Planning and Zoning Commission, by a unanimous vote, forwarded their
official position for action by City Council that the maximum height rule of 45' remains in
Chapter 106 (Zoning).
The current discussion was precipitated by the application of a proposed Hotel, constrained by
narrowness of available land for development, to build a fourth story and thereby exceeding the
maximum allowable height of 45 feet by a total of 6 feet. Given the economic challenges to
development posed by in-fill lots and the reduced dimensions of available land, commercial
developers are beginning to seek relief from the height requirement to make their project more
economically feasible. Adding additional stories to buildings compensates for the reduction of
footprints at the base of the building to allow room for required parking, landscaping and
maneuver isles.
The LPFD has no issue with fighting fires in taller buildings. While current equipment can reach
100 feet, a good rule of thumb is 7 stories (70 feet) due to having to position the truck to fight the
fire. This limitation, however, does not prevent the building from additional stories in excess of
70 feet. LPFD has stated that subject to the structures being built to building and fire codes
requirements (e.g. requiring a sprinkler system); they see no limiting factor to height of the
building from their perspective.
e
.
Fire and building codes set parameters for requiring sprinkler systems and family/residential
structures are habitually not sprinklered. Staff recommends residential use requirements as
currently presented in the Zoning Ordinance regarding maximum allowable heights
remain intact and CommerciallIndustrial maximum height requirements be removed.
This item requires a public hearing and a super majority (7 votes) 0/ the governing body to
approve an ordinance change recommended/or denial by P&z.
Action Required bv Council:
1. Conduct a Public Hearing
2. Approve or deny an ordinance amending Chapter 106 (Zoning) to remove the maximum
height 45' rule from commercial and industrial development requirements.
Approved for City Council Ae:enda
02 - ~;;J-O 5
Date