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HomeMy WebLinkAboutO-2004-1501-AAAA re:Main Street District ", REQ.tST FOR CITY COUNCIL AG'NDA ITEM Agenda Date Requested: October 1 Appropriation Requested By: Wayne J. Sabo Source of Funds: N/A N/A Department: Plannine Account Number: Report: _Resolution: _Ordinance: ~ Amount Budgeted: N/A Budgeted Item: N/A N/A Exhibits: Ordinance Letter to P & Z MSD Map Public Notice Responses Amount Requested: SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their September 16, 2004 meeting, held a public hearing to receive citizen comments regarding creation of a Main Street District, additional regulations for the district, adopt the boundaries, and rezoning from General Commercial (GC) to Main Street District (MSD). This action is a follow up to a presentation of the proposed document outlining an ordinance for the creation of Main Street District classification and regulations, Earlier this year, City Council passed a moratorium on new construction within an area identified as the Downtown District. The area is one block deep both north and south of Main Street from State Highway 146 to Broadway (referred to as Five Points) and extending one block north to First Street and one block south to Avenue A with the inclusion of Virginia and Broadway two blocks south to Avenue B. Within the district is an overlay portion that would extend from SH 146 to Kansas and include one half block north to the alley between First St. and Main St. to one half block south to the alley between Avenue B and Main St. The proposed Main Street District and Overlay map is attached for your convenience. The purpose of the Resolution is to prevent any decay of the existing uniqueness of that area. The moratorium only applies to structural alterations that affect the size of a building, It does not prevent the maintenance or repair of a building or interior work, The moratorium is established to allow a committee to review the current zoning regulations and make possible recommendations, The committee worked hard and recently completed its review. To preserve the district and to aid in its vitality, the committee realized that the Main Street area needed regulations that had more flexibility than any of the zoning classifications allowed. The end result was a mixed-use zone. The interior of this district, however, did hold some unique characteristics that needed some additional considerations, so an overlay district was added to the area under consideration, The Main Street District Committee meetings were open to the public. Several business owners and residents attended throughout the process. Several letters were sent to property owners within the District, as the process was developing to inform them of the work underway and provide updates. The committee also held a public hearing, which was well attended, The input throughout the process was considered and the results of the committee's recommendation may not be totally accepted by all of the owners, but for the most part the committee feels is in line with what many business owners feel is needed to preserve and help Main Street become stronger, As required by ordinance, notices of public hearing were mailed to property owners within 200' of the Main Street District. After careful consideration, the Planning and Zoning Commission, by a unanimous vote, forwarded the proposed zoning ordinance amendments and regulations to City Council for approval. Action Reauired bv Council: I. Conduct public hearing, 2. Consider taking action on recommendation for approval by P&Z on Zoning Ordinance amendments related to create Main Street District, additional regulations for the District, adopt boundaries, and rezone from General Commercial to Main Street District. Approved for City Council Ae:enda /0..... h -fJ 4- Date e e ORDINANCE NO. 1501-MIfIt- 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, BY AMENDING ARTICLE III. DISTRICTS DIVISION 3. COMMERCIAL DISTRICT REGULA TIONS, SUBDIVISION 1 GENERALLY, SEC. 106-441 TABLE A, COMMERCIAL USES AND SEC. 106-443, TABLE B, COMMERCIAL AREA REQUIREMENTS; AND BY ADDING SUBDIVISION V. MAIN STREET DISTRICT WITH OVERLA Y, SECTIONS 106-510 ET SEQ. TO DIVISION 3. COMMERCIAL DISTRICT REGULA TlONS BY; AND BY AMENDING ARTICLE VI. OFF-STREET PARKING, SEC. 106-832, APPLICATION OF THESE REGULA TIONS TO ALL ZONING DISTRICTS; EXCEPTION FOR MAIN STREET OVERLAY DISTRICT; AND BY AMENDING ARTICLE VII. SIGNS, SECTION 106-874 ON-PREMISES SIGNS; AND BY ADOPTING ADDITIONAL REGULATIONS AND BOUNDARIES OF THE MAIN STREET DISTRICT, AND BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL (GC) TO MAIN STREET (MS) INCLUDING MAIN STREET DISTRICT WITH OVERLAY FOR THE AREA ALONG MAIN STREET FROM STATE HIGHWAY 146, EAST ALONG WEST POLK STREET TO NORTH KANSAS, SOUTH ALONG NORTH KANSAS STREET TO INTERSECTION WITH EAST A STREET, WEST ALONG EAST A STREET TO INTERSECTION WITH ALLEY OF BLOCK 201, WEST ALONG EAST B STREET AND WEST B STREET INTERSECTION WITH SOUTH 1ST STREET, NORTH ALONG 1ST STREET TO INTERSECTION WITH WEST A, AND ALONG WEST A STREET TO ITS INTERSECTION WITH STATE HIGHWAY 146 HEREIN DESCRIBED; 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 16th day of September 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. ORDINANCE NO. 150~;1- Page 2 e 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. Immediately following such public hearing on September 16, 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 September 17, 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 hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 11th day of October, 2004, 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 "0", 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, The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding creation of Main Street District with additional regulations, thereby amending Section e ORDINANCE NO. 1501-'l!rMffr Page 3 e 106-441, Table A, Commercial Uses, Section 106-443, Table B, Commercial area requirements, Section 106-510 thru Section 106-513, Section 106-832 and Section 106- 874, to read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim; adopting boundaries, and the, zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed from General Commercial (GC) to Main Street (MS)." The description of said parcels of land rezoned is as follows, to-wit. "Area along Main Street from State Highway 146, East along W. Polk Street to North Kansas, south along North Kansas Street to intersection with East A Street, west along East A to intersection with alley of Block 201, west along East B Street and West B Street intersection with South 1 st Street, north along 1st Street to intersection with West A, and along West A Street to its intersection with SH 146". Section 7. 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 Map and Classification contained in this 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 officially 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, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . ORDINANCE NO. 1501-1l11-A-A-- Page 4 e Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the J ~ day of October, 2004, CITY OF LA PORTE ~~ ALTON PORTER, Mayor By: ATTEST: BY:~fL.~ MARTHA GILLETT, City Secretary e e ~ 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 Govemment 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 16th day of September, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider and hear citizen input regarding creation of a Main Street District (MSD), consider additional regulations for the District, adopt the boundaries, and consider a rezone from General Commercial (GC) to MSD. The proposed District includes the area along Main Street from State Highway 146, East along W. Polk Street to North Kansas, south along North Kansas Street to intersection with East A Street, west along East A to intersection with alley of Block 201, west along East B Street and West B Street intersection with South 151 Street, north along 1st Street to intersection with West A, and along West A Street to its intersection with SH 146. 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 PARTlCIPA 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 M/:'"'ETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE A T 28/ -47 / -5020 OR TDD LINE 28/ -47 / -5030 FOR FURTHER IN FORMA TlON. ~HBB~l A THE STATE OF TEXAS COUN1X.QF l;;I_A.flRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Sec. tlon 106-171 of the Code of Ordinances of the City of La Porte, and the provi- sions 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 16th day of Sep- tember, 2004, in the Council Chambers of the City Hall, 604 West Falr- moot Parkway, La Porte, Texas. The purpose of this hearing Is to consider and hear ell/zen Input regard- ing creation of a Main Street District (MSD), con- sider additional regulatIons for the District, adopt the boundaries. and consider a rezone from General Commercial (GC) to MSD. The proposed District in- cludes the area along Main Street from State Highway 146, East along W. Polk Street to North Kansas, south along North Kansas Street to intersec- tion with East A Street, west along East A to Inter- section with alley of Block 201, west along East B Stre~ st B Street Inte n th South 1st Street, alon 1st Streetl to n rsecr~'th West ' , ad' al 9 West A Str its r- section wit H . A regular meeting of the Planning and ZonIng Com- mission will follow the pub- lic hearing for the purpose of acting upon the publie hearing items and to con- duct other matters pertain- ing to the Commission, Citizens wishing to ad- dress 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 CiIv SecretalV I let ;71 e .- e 281.471-1234 Fax: 281.471-5763 ~ I , 'B re Sun I I j /gned authority, on this dale ~rolyn Kellogg, a duly authorized ~ayshore Sun, a semi-weekly ~nd generally distributed in the ; Coullty, Texas an,d who I swears the attached notice was re Sun dated g - cl- C; -0 if.- .' ~~~Uf)S;V Karolyn Kellogg . Authorized Representative I oefore me this ;l. 3 ' D . day of ,~~ .~i..~~ Sandra E. Bumgarner Notary Public Harris County, Texas ~ ,2001f ~H~Brr -q e e ~ City of La Porte Established 1892 September 17,2004 Honorable Mayor Alton Porter and City Council City of La Porte Dear Mayor Porter: During a regular meeting on September 16, 2004, the La Porte Planning and Zoning Commission, held a public hearing to consider the following: a) Creation of Main Street District (MSD) and consider additional regulations, b) Adopt boundaries and consider rezone from General Commercial (GC) to MSD. The Planning and Zoning Commission, by unanimous vote, forwarded Main Street District Committee's recommendations for your consideration. Respectfully submitted, (jJait;; ~~ ~ Dottie Kaminski Planning and Zoning Commission, Vice Chairperson 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 ~'lr\ "'''''_-'',r_.~ . ~ ," ", ,', ~ -' ~. ; '. -j- ~ \U e e \) THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In aocordance 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 City Council will conduct a public hearing at 6:00 P.M. on the 11th day of October, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider and hear citizen input regarding creation of a Main Street District (MSD), consider additional regulations for the District, adopt the boundaries, and consider a rezone from General Commercial (GC) to MSD. The proposed District includes the area along Main Street from State Highway 146, East along W. Polk Street to North Kansas, south along North Kansas Street to intersection with East A Street, west along East A to intersection with alley of Block 201, west along East B Street and West B Street intersection with South 151 Street, north along 1 sl Street to intersection with West A, and along West A Street to its intersection with SH 146. 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 matters 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 ACCOMMODATIONS A VAlLABLE. 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. ::- J{fl=l] B ~ lf1J' 1) I Citizens wishing to ad. I dress the Council pro or In accordance with the con during the public hear- i provisions of Section 106- Ing will be required to sign ' I 171 of the Code of Ordl. in before the meeting is it his d ate nances of the City of La convened, I , ~; and the provisions ~Iy authorized the' Tes Local Goy- ,CITY OF LA PORTE ,:mi-weekly ~ e, notice is Martha Gillett . ,9 that the La City Secretary ~uted in the Porte i ncil~' I duct ~ . 8a at THIS FACILffY HAS DIS- l who 6:00 P,~"On 1 .... ABILITY ACCOMMODA~.d notice was of Octo., , In the nONS AVAILABLE. RE- ~ ;...., ;;L I "'co' I '. Council Chem rs of ~ QUESTS FOR ACCOM- '0"- lex ':t... I. r City HaD. 604 West Fair- MODA nONS FOR IN- I mont Parkway, La Porte, TERPRETlVE SERVICES Texas. The purpose of this AT MEETINGS SHOULD I hearing is 10 consider and BE MADE 48 HOURS hear citizen input regard- PRIOR TO THE MEET- I Ing creation of a Main lNG, PLEASE CONTACT ! Street DIstrict (MSD), THE CITY SECRt=rARY'S consider additional regula- OFFICE AT 281-471-5020, ~ ~ / =-~~~ ~~~~ : /In'&" , ('}f/ , alder a rezone from Gen- FORMATION. I IJ, Karolyn Kellogg , Authorized Representative Sworn and subscribec.' before me this .;l. 3 ~ f) day of ,~.~ ~). ~~~""- Sandra E. Bumgarner Notary Public Harris County, Texas I eral Commercial (GC) to, I MSO. The proposed 0.'" 'tria Incluftes me" af along Main Street fro 820 SouU State Highway 146, Easl ' L P t . along W. Polk Street to a 0 r C, North Kansas. south along North Kansas Street to In- tersection with East A Street, west along East A to Intersection with alley of Block 201, west along East B Street and West B Th Street intersection with South 1st Street, north along 1st Street to Inter- section with West A, and along West A Street to Its Intersection with SH 146, THE STATE OF TEXAS COUNTY OF HARRIS A regufar meeting' of the City Council wDl follow the pubDc hearing for the pur- pose of acting upon the' publiC hearing items and to conduct other matters per. . talnlng to the Council. CITY OF LA PORTE NOTICE OF PUBLIC HEARING ue ayslzore Area Since 1947' .' 281-471-1234 Fax: 281-471-5763 I ~ , 2004- :~HR\BIT E tit EXHIBIT "F" e ~ ARTICLE III. DISTRICTS Division 3. Commercial District Regulations Subdivision 1. Generally Sec. 106-441. Table ~ Commercial uses. P (ABC) -- Permitted uses (subject to designated criteria established in section 106-444). P -- Permitted uses. A -- Accessory uses (subject to requirements of section 106-741). C -- Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-444). * -- Not allowed. Uses (SIC Code #) Zones CR NC GC MS All uses permitted or/accessory in R-3 zone, except single-family detached and special lot, duplexes, quadruplexes, townhouses, and multifamily P P p1 All conditional uses in R-3 zone * C C C Agricultural service (076--078) * * P P Amusements (791--799) C * P P Amusement (7993)1 C * P P Antique and used merchandise stores (5932) * P P P Arrangements for passenger transport (472) * * P P Arrangement for shipping and transport (473) * * p2 P Apparel and accessory stores (561--569) C * p P Automotive dealers and service stations (551, 552,553,555--559) * * p P Automotive repair, services (751--754) * * P P Banking (601--605) * * P P Building construction--General contractors (152--161 ) * * P P Building construction--Special trade contractors (171--179) * * P P Building materials, garden supply (521--523, 526--527) * * P P Business services (731, 732, 736--738) * * P P Business services (7359) * * P(A, B, C, D) P e e Civil, social and fraternal organizations, (8641) C C C C Communications (481--489) * * P P Convenience stores (5411) * P P P Credit agencies (611--616) * * P P Dog grooming * * P (H) P Drugstores (591) * P P P Eating and drinking places (5813) C * P P Eating places (5812) C P P P Electric, gas and sanitary services (491,4923,493,494,4952) * P P P Engineering, architectural, accounting services (871--872) * P P P Food stores, general (541,542,544,545,549) * * P P Freestanding on-premises signs See article VII of this chapter Governmental and public utility buildings (911-922,9631,4311) C * P P Grocery, fruit and vegetable stores (542, 543) * P P P Hardware stores (525) * P P P Home furnishing stores (571--573) * * P P Hotels and motels (701, 7032, 704) C * P P Hospitals, laboratories (806--809) * * P C Insurance, real estate, legal, stock and commodity brokers, agents (641--679) * P P P Laundry (plants) (7216--7219) * * p * Membership organizations (861--869) * * P C Miniwarehousing (4225) * * C * Mise, retail (592, 593, 5948, 596--599, 5399) C * P P Mise, repair services (762--764) * P P P Mise, shopping (5941--5947, 5949,5992--5994) C P P P Misc. shopping (5995, 5999) C * * P Motion picture theaters (7832) * * P P Museums, art galleries (841--842) C * P P Offices for doctors, dentists, etc, (801--805) * P P P Passenger transportation (411--415) * * P P Personal services (7211-7215,722--729) * P P P e e Recreational buildings and community centers C P P P Reproduction, photography, and cleaning services (733--734) * P P P Repair services (7699) (except tank truck cleaning) * * P P Retail bakeries (546) * P P P Securities and insurance (621--639) * * P P Service stations (554) * P P Service stations, excluding truck stops (554) C * P P Underground pipelines (461) * P P P Veterinary services (0742) * P P P Video rental and sales shop * P P P Parking ramps and structures C P P C Commercial PUD (Refer to section 106-636) * C C C Outdoor sales as a primary or accessory use * * P (C, G) P Outdoor storage as a primary or accessory use C * P (B) P Off-site parking C C C C Off-street loading C C C C Joint parking C C C C Drive-in or drive through facilities as an accessory or principle use C C C C Kennels, boarding (0752) * * C C Kennels, breeding (0279) * * C C Unlisted uses, similar to uses listed above C C C C 1, Within the Overlay portion, residential activities are only allowed above the first floor. 2. Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.) (Ord. No. 1501-JJ, ~ 7, 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. e Sec. 106-443. Table B, commercial area requirements. (a) Table B, commercial area requirements. Uses: Minimum Landscaping Required 5 Minimum Yard Setbacks F.R.S. 1, 3, 4, 6. 7 Maximum Lot Coverage R-3 uses (permitted) except residential single-family, detached and special lot, duplexes, quadruplexes, townhouses, and multifamily 6% Density Intensity Regulations Specified in Table B, e Adjacent to Residential Minimum Yard Setback F.R.S. 2,6 Maximum Height (feet) 7 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 GC General Comm,; all permitted or conditional 6% 40% 20-1 0-0 Outside sales or services N/A N/A 5-5-5 Outside storage N/A N/A 20-1 0-5 Freestanding on-premises signs 20-10-10 45 20-20-1 0 45 Same as principle use N/A Same as Principal Use See section 1 06-444(b) See article VII of this chapter Freestanding on-premises signs located in controlled access highway corridors See article VII of this chapter Main Street Main Street Overlay 6% N/A 60% 80% *-20-5 0-20-0 *-0-0 N/A TBD TBD (b) Footnotes to Table 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. A planting plan is required to be submitted and approved by the enforcing officer, These areas are to be landscaped with trees, shrubs, and groundcover, Required landscaping must be maintained by the property owner and/or occupant. 2. Screening is required in conformance with section 106-444(a). e e 3, All yards adjacent to public right-of-way must be a minimum of ten 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. 7, *Within the Main Street District the front yard is the average of the existing structures on that side of the street on the same side of the street or the setback of the closest structure on an adjacent lot. This applies to the primary structure only. Any accessory buildings must be a minimum of six feet from the main structure, but may be zero feet from any lot lines, Within the Main Street District and Overlay, Maximum Height is Yet to be Determined, (Ord. No. 1501-X, ~ 5,12-16-96; Ord, No. 1501-JJ, ~ 7,10-14-02) e e DIVISION 3. COMMERCIAL DISTRICT REGULATIONS Subdivision V. Main Street District with Overlay Sec.106-510 Purpose; Main Street District; Main Street Overlay District Defined The purpose of the Main Street District is to preserve the character of the original Main Street area of La Porte, The intent of a Main Street District within an Overlay area is to allow greater flexibility of normal City requirements and create an environment reflective of an era when travel was based less on vehicular traffic and more on pedestrian access with retail trade more closely clustered, The general boundaries of the Main Street Overlay portion of the District shall extend from SH 146 to Kansas, and include the properties along both sides of Main Street. These properties are bounded on the north by the alley located north of and parallel to Main Street and on the south by the alley located south of and parallel to Main Street (see map). The general boundaries of the Main Street District shall be from SH 146 eastward to Kansas St. on both sides of Main Street from the alley one-half block north to the alley one-half block south of Main Street. The overall boundary shall be SH 146 to Kansas plus one block south (1S1 and W. "B" to Virginia and back up to E. "A"). (See Map) Sec. 106-511 Permitted, accessory, and special conditional uses. Commercial and all residential activities, except warehousing and storage; however, owner or incidental to a primary business would be allowed, Refer to Table A, Main Street Overlay uses, section 1 06-441 Sec.106-512 Density/intensity regulations. Refer to Table B, Main Street Overlay requirements, section 106-443 Sec.106-513 Special regulations and procedures. For new construction no customer parking is required; however, businesses are required to provide a minimum of two employee parking spaces. Also for new construction, no parking lots shall be developed in front of the building within the Overlay portion of the Main Street District. Alley ways within the district shall be considered as driving aisles for the purposes of parking requirements. Each business is allowed one wall sign not to cover more than 25% of the their exterior facade, as well as one shingle with a maximum face of 15 sq. ft. per side and a required 8 ft. minimum clearance, When most of a dumpster is visible from a public street the dumpster shall be screened, If it is visible only via the alley from a public street, screening will not be required. Property owners are not required to install sidewalks within the district. Refer to articles IV, V, VI and VII of this chapter for further regulations and procedures. Sees. 106-514-520 Reserved e e ARTICLE VI. OFF-STREET PARKING Section 106-832. Application of these regulations to all zoning districts; exception for Main Street Overlay District. (a) The regulations and requirements set forth in this article shall apply to all off-street parking facilities in all of the zoning districts of the city, with the exception of the Main Street Overlay District, which said parking regulations are as set forth below, (b) Main Street Overlay District parking regulations. In the Main Street Overlay District, parking is required for new buildings for employees only, with a minimum of two spaces being required. In said district applicable streets and/or alleys are allowed to count as the driving aisle or access to said parking spaces. For new buildings in the Main Street Overlay District, no parking lots are allowed to be developed in front of said new buildings. ARTICLE VII. SIGNS. Sec. 106-874. On-premises signs. (b) Attached on-premises signs, (1) General provisions. a, One attached sign per building wall may be displayed for each occupant or use on the premises, b. These regulations do not apply to building addresses or supplemental signs for the purpose of identifying the apartment buildings or units. (2) R-1, R-2, and MH districts, a, The size of the sign may not exceed three square feet. b. No portion of the sign may have a luminous greater than 200 footcandles and may not move, flash, rotate or change illumination, (3) R-3, CR, NC, GC, BI, U, and HI districts. a. The cumulative size of the signs may not exceed 15 percent of the wall area, b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. One attached canopy sign may be displayed, Such sign shall not exceed 30 percent of the canopy area, Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. (4) MS districts, a, The cumulative size of the signs may not exceed 25 percent of the wall area. b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c, One attached canopy sign may be displayed, Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy, It e September 8, 2004 Betty Waters, Chairperson & Planning a nd Zoning Commission Members 604 W. Fairmont Pkwy. La Porte, TX. 77571 Dear Ms. Waters, On behalf of the Main Street District Committee, we present the proposed draft document outlining an ordinance for the creation of a Main Street District classification and regulations. We also recommend the creation of a district that generally extends from SH 146 to Kansas and to include one block north to First Street and one block south to A venue A with the inclusion of Virginia and Broadway two blocks south to Avenue B. Within the district is an overlay portion that would extend from SH 146 to Kansas and include one half block north to the alley between First St. and Main St. to one half block south to the alley between A venue B and Main St. For background, the committee was made up of ten representatives from the community representing business and property owners, residents, Heritage Society, the Main Street Association, the Planning and Zoning Commission, and Chamber of Commerce. The committee was formed after the City Council requested a moratorium be created over the general area described above to protect the area from development that would be inconsistent with what seemed to be a focal point of La Porte, a symbol of La Porte's past, and an area that holds a potential for La Porte's economic potential in tourism. The committee recognized the potential and strength of the Main Street area and agreed it needed to be preserved. The committee reviewed the current zoning district regulations (Commercial) and noticed it did not fit with the era in which the Main Street area was originally created, To preserve the district and to aid in its vitality, the committee realized that the Main Street area needed regulations that had more flexibility than any of the zoning classifications allowed. The end result was a mixed-use zone. The interior of this district, however, did hold some unique characteristics that needed some additional considerations, so an overlay district was added to the area under consideration. e e All of the meetings were open to the public. Several business owners and residents attended throughout the process. Several letters were sent to property owners within the district as the process was developing to inform them of the work underway and provide updates. The committee held a public hearing, which was well attended. The input throughout the process was considered and the results of our recommendation may not be totally accepted by all of the owners, but for the most part our committee feels is in line with what many business owners feel is needed to preserve and help Main Street become stronger. Attached is a summary of the differences between the current commercial district regulations and the proposed new regulations. The main difference is the mixed use of the district. Within the Main Street District residential activities would be allowed to coincide with commercial activities. The overlay portion would limit the residential activity to the second story or above only. There would be a prohibition of mini storage warehousing and laundry plants within the district and special conditional use permitted activities would still be required as in commercial and residential districts. Some examples are churches, special clubs or civic organizations, hospitals, clinics, etc. Another consideration is the allowance for zero setback in the front to create a more pedestrian friendly atmosphere. The district needed to limit parking in front of the businesses along Main Street to create a sense of access for pedestrians. In order for owners to rebuild existing structures and keep with the current appearance, the lot coverage with structures had to be increased from 40 percent to 60 or 80 percent. The size of the district would not have an adverse effect on the existing drainage, since most of the existing property already has most of the lot under impervious coverage. Other notable changes were the signage requirements, sidewalks, and the number of parking spaces. An increase of 10% would be allowed for wall signs. No sidewalks would be required. Parking would be decreased to require only employee parking for new buildings only. The Main Street Committee is working with Debra Dye, the Downtown Revitalization Coordinator, to continue to investigate height limitations and architectural integrity for new buildings in the area, These will be presented in the future under a separate amendment. The attached recommendations also include a list of items not typically found in a zoning ordinance or regulated in a standard ordinance. The following would require the City's assistance and participation of local business and property owners: · Drainage in the area needs to be addressed both in the streets and alleys. · The ability to hang signage over the sidewalks (currently State ROW). · Traffic Control devices such as traffic signals along Main Street, especially at 2nd or 3rd Street for the fire department, and marked crosswalks. · Sidewalks on side streets to connect to Main Street to aid with parking and pedestrian movement. e tit . Garbage maintenance in the alleys and for the businesses. Alleys to be paved to aid in parking in the rear and improve drainage. Relocation of Main Street historical sign onto SH 146 main lanes from the access road. Public Transportation, such as trolleys to move pedestrians within the area and to and from parking. Streetlights in alleys. Creation of parking lots - public, private and combination. Benches along the Main Street. Trees along Main Street. Prevent itinerant vendors from operating for prolong periods of time and require they pay local sales tax to La Porte, . . . . . . . . Members of the Committee will be present to provide additional details if needed. We appreciate the opportunity to serve the city and the Main Street area. Sincerely, Bill Manning, Sr. Chairman, Main Street Committee Attachments: Main Street District Comparison Main Street District Map e e A Meeting' of the La Porte Plannin~ & ZonillR O>mmission (Type of Meeting) Scheduled for RfCEfVED SEP C 8 2004 Se~teD1ber16,2004 ate of Meeting) Pl;! ~rr.II:~:if"\ f""'-o'" ,.... 'I ,',..' , J~, I 010 ,t .I, " I I .~ t~ .~p ...... . I to Consider Main Street District (Type of Request) I have received nonce of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: Z A-M ; ~ ~ (J ., ~ t ~. (! A IJ r e' ~ -I' JJ: I r ft 01;tj ~~ ~~~~o f~j.'~7~t q -f-~ i _ ~ - -=-~ _~ - -, 7.-tl_ _ :~ I<Q - . 4' s..~ L~ ..s e.-I 7)f.l-clf; t:fUtvt Aue.'tO~ Ke. ~. 'd e.'" of; .:l/7/t. Pe(+'t I am OPPOSED to granting this request for the followmg reasons: . '" l' 2, ) ~ I f. Address ~IJ /J.tJ-r- - l"t rr~ )'1L Gty, State, Zip e e A Meeting of the La Porte Planning & Zoning Commission (Type of Meeting) Scheduled for RECEIVED Sel;tennber16,2004 ( ate of Meeting) to Consider SEP 0 8 2004 PlAN~J!f!G : ~':~p r. Main Street District (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: X I _~ OPPOSE~ to' granting this reque~ f~r the foll~wing reasons: . , .;;::C hnVG A Q(?~l~~d-e_ e wb.uU, 1~./t.J^)' ~ . . -:[. 0 "'..> I I ).. 1e e L1 /f /j IJ I TJ oAJ A- /_ WtP5!TA.1 c.. TioAl ~ . .J~T16 Mfrk'E 771-1;..-' A{AIJ..J~T. j)!L~'rJ2,"c.-r -f;<20fM. '-f ~ 6'-: €A ST 70 J5fOIl-[}uJ /?Lj . 4' {JttjJ~ re.L-- ~ tV, ;t//b :.J ~prinq cddZ~ Gty, State, Zip e e A Meeting of the La Porte Plannin~ & Zonin~ Commission (Type of Meeting) Scheduled for SeJ;tember 16, 2004 ate of Meeting) 1;:" ~C~~i;::f'l ,~C>.A.J It 4.... SEP () 9 2004 to Consider Main Street District (Type of Request) .., i . ' r. ; J i\ . :''l 1': p ~ ..., .",' '\'.',' '., lj" I ~ L:.. - : ~ ., ~ V L' , I have received notice of the above referenced public hearing, I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: IJ-". () h .e ~.(~~;- It/-L ~ ~ -n 116 a /U~..t ~ ;7;.rU 0~~~ .. .J r~A<J ~ ~, ~. L~OA.J~'''E,~....c. L .4IA y~.",u> Name (please print) .- ~'s~ //~;(.J / (.-;r- Address L'.19 /d,;L r~ /'5t- Gty, State, Zip //S?/ , e e A Meeting of the La Porte RECE\\IEQ $EP 2. y., 1004 Planni~ & Zonin~ Commission (Type of Meeting) Scheduled for _. ", f". ""l,;:O-\ Oll\ ~\\ i\\ k~ '",;: \...J Ll ' r J" 01" .... Sogte~ber16,2004 ate of Meeting) to Consider , Main Street District (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: ~ din. 1Jja r/iJ1t" z 4ci:~~ ~ C)()7 ,"5Q. 1I~~_ Address ' ~~-1X~ 77.57/ . Gty, S "Zip. CD C o N1 >0 Ui III i5 "'i ....1 01 ~ ~I ~I on; oiij , . ,~," . ~_iL.......~~: . C') ~Il~ III ' . .'.. - (~:~"..~. ~:i:.r.~.~~e;J ~ t .. ". E: "~~~~.:. '_":, ~'-" :. ,.' ;', :- -.........,:1' ':, " e . . . - ... . ,.... . ~".. e e Gl C o N1 >' u; ~ C o -;1 _I ~ ;. (/)1 (/)1 UJIi. ,5 ,5 -g ,~