HomeMy WebLinkAboutO-2007-1501-X5 restrictions for hotels/motels adjacent to residential
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
ORDINANCE NO. 1501. X'S--
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 DIVISION 3,
"COMMERCIAL DISTRICT REGULATIONS", SUBDIVISION I, "GENERALLY",
SECTION 106-441, "TABLE A, COMMERCIAL USES", BY MAKING HOTELS AND
MOTELS LOCATED WITHIN GENERAL COMMERCIAL ZONING DISTRICTS A
CONDITIONAL USE WHEN ADJACENT TO RESIDENTIAL ZONED DISTRICTS;
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 21st day of June 2007, 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 changes to Chapter
106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. 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.
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 June 21, 2007, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning
Ordinance of the City of La Porte, 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 July 2, 2007, a true
ORDINANCE NO. 1501-XS-
Page 2
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 changes to the ordinance and the recommendation of
the Planning and Zoning Commission on the 23rd day of July, 2007, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible changes to the ordinance. 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
amendments to the Zoning Ordinance (Chapter 106 of the Code of Ordinances) by
amending Section 106-441, "Table A, Commercial uses", to read as shown on Exhibit
"F", attached hereto and fully incorporated in this ordinance as if set forth herein
verbatim.
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 Ordinance as amendments
thereto are desirable and in furtherance of the goals and objectives stated in the City of
La Porte's Comprehensive Plan.
ORDINANCE NO. 1501- )(5
Page 3
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.
Section 9.
This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the ~ day 01+. 2007.
By: ~~~
ALTON PORTER, Mayor
ATTEST:
By~Mtv~
M.A:R A GILLETT, City Secretary
APPROVED:
BY:~~
CLARK ASKINS, Assistant City Attorney
#ZUAU/-UL
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 21st
day of June, 2007, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider making a formal recommendation to the La Porte
City Council for an amendment to the Zoning Ordinance of the City of La Porte, imposing
restrictions on the placement of hotels and motels within General Commercial (GC) zoning districts
when adjacent to residential zoned property (R-1, R-2, and R-3 zoning districts).
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, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or
TDD Line (281) 471-5030 for further information.
8H1811 A
In accor-
ance with the provi-
ons I" f Section A quorum of City
)6-171 the Code Council members may
.~ Ordin ces of the be present and partici-
ro iOf:e" 0 ~~~ pate in discussions
during 'this meeting, te
~xas' ca' . overn- however, no action will 1
lent C e, notice' is be taken by Council. rris
~reby given that the
~ Porte Planning and S
)ning Commission
ill cond uct a public
~aring at 6:00 P.M.
1 the 21 st day of
me, 2007, in the
ounci! Chambers of
e City Hall, 604 W.
:!irmont Parkway, La
)rte, Texas. The pur-
lse of. this hearing is
consider making a
rmal recommenda:
In to the La Porte
ty Council for an
nendment to the
ming Ordinance of
e City of La Pcirte, I
Iposing restrictions '--
I' the placement of
Itels and motels
thin General Com-
9rcial (GC) zoning
,tricts when adjacent
residential ' zoned
Dperty (R-1, R-2,
Id R-3 zoning dis-
::Is).
WA07-02 .
HE STATE
EXAS
OUNTY OF HARRIS
ITV OF LA PORTE
NOTICE OF PUBLIC
HEARING
A regular
~eting of the Plan-
19 and Zoning Com-
ssion will follow the
blic hearing for the
rpose of acting
8D the public :" hear-
r;,,itemsa,nd. ,te:>.. con- .
ct other matters per-I
ning to the' Commis-
In.
'OF
Citizens
wishing to address . the
Commission pro or
C~l't~ during the public
hearing 'will be re-
" quired to sign in be-
fore the meeting is
convened.
281-471-1234
Fax 281-471-5763
\treet
is nS71
CITY OF LA PORTE
Martha Gillett
TRMC, CMC
City Secretary
.
,
This facility has dis-
ability accommoda-
tions ' available. Re-
quests for accommo-
dations or interpretive
services at meetings
should be made 48
hours prior to the
meeting. Please con-
tact City Secretary's
office at (281 )
471-5020 or TDD Line
(281) 471 ~5Q3Q for fur-
ther information.
the undersigned authority, on this date came and
Godfrey, a duly authorized representative of The
l, a semi-weekly newspaper published and generally
the City of La Porte, Harris County, Texas and who
Iy sworn, swears the attached notice was published in
'Sun dated ~ / t.c J CY7
. f
Sworn and subscribed before me this
,2007.
/2 -!h
.
day of
. =-..~~~
~._....':':~4~"'~
KAROLYN KEli.OOG --. i~
MY COMM,/S. SION EXPIRES II
April 11 , 2010 II
~
. rolyn Kellogg
Notary Public
Harris County, Texas
My Commission Exprires April 11 , 2010
8H1~lt .tJ
City of La Porte
Established 1892
July 2, 2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - HotelslMotels in GC adjacent to residential districts
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on June 21,
2007, held a public hearing to consider amendment to the Zoning Ordinance (Chapter
106), by amending Division 3, Commercial District Regulations, Subdivision I,
Generally, and by adding a footnote #4 to Section 106-441, Table A, Commercial Uses,
making hotel/motel use as Conditional when adjacent to residential districts.
The Planning and Zoning Commission, by a unanimous vote, recommends approval of
the above zoning ordinance amendment.
Respectfully Submitted,
jJd~
Pat Muston
Chairperson, Planning and Zoning Commission
c: John Joerns, Interim City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
i1Mtu, . ,19ft'> (l
~I..~, 'J
#lOA07-02
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 City Council will conduct a public hearing at 6:00 P.M. on the 23rd day of July, 2007, in
the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider an amendment to the Zoning Ordinance of the City of La Porte, imposing
restrictions on the placement of hotels and motels within General Commercial (GC) zoning districts
when adjacent to residential zoned property (R-1, R-2, and R-3 zoning districts).
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, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or
TDD Line (281) 471-5030 for further information.
"'ftn~ 0:)
lA07-02 '.
~".."',', :',' ,-;
,T~IAlrOF:.
:;:;.'1~S.'..",
COUNTY OFHARRIS
CITY OF LA PORTE
820 S. 8th Street
La Porte, Texas n571
NOTICE OFeUBUC
. HEARING
Th................. B.............
e.'
. .
281-471-1234
Fax 281-471-5763
aeeor.
ance the provi-
rf. .~ City of La Porte
he provlS. S of the
rexas L Govern- County of Harris
oti is
~:r~~)/;~~nn~Cf)'th~1 State of Texas
La. .PPrte. . City .'c;ouncil.'
.vl\l#d~cta pVbP" i
hearlnf,a~;G:oo'r'~f; Before me, the undersigned authority, on this date came and
3Uly,the;2~;:::,aY;e appeared Lisa Godfrey, a duly authorized representative of The
~~u~~itY!~~~t~ '~l Bayshore Sun, a semi-weekly newspaper published and generally
FailTll~...~arkWf1y:Ui;J distributed in the City of La Porte, Harris County, Texas and who
eorte Texas. The pur-! f b" d I h tt h d t" bl" h d .
Pcf:e~i:i&'~!::J::)a ter elng u y sworn, s~ears.t e a ac e no Ice was pu IS e In
ln~m;to;tI)e ;Z:9nin~ Qrq The ayshore Sun. dated '7/ S',/ rY7 "
dinan~5ffi;!tI'!llJl;;!tY ;;9f R,
LaPorte, .ifnpqsing re-
~k>~s......pn. ;;t!\El".;Jlla~":;
;~~;t:)f "elfn~' ';
motels:
Com ..;
lng.di~~.,}~~ii. .
~aeen!!' ,?'r~~
j~~~.~nd~U~~;;'(~
;distr~h;;\ii.j.'...';;
subscribed before me this
,2007.
I~ #J
day of
'.
-""c^ -,:::':ij(',i.
'~,;,C:".: ,'- ,', l,,':':' '~, ,,'_ ,,;~t'l-;~t;.
r.C itFze n ".l!"
I .'.; . .... . .... ..;.;..... ..'.......
wishlng,to;a9d~~'Jl~ '~'I'
l'councll,':pro"Qr'ooo'.J.rolyn Kellog
Jdririg the j . hear",!. P bl"
Iln~'wiii;ibfi/dn~;\)tary U IC
.sign>{}i~,";J?oe,fgre.!>~~lrris County, Texas
i meeting IS C()nvened,;'.[
.:~5tt'~~f~~
i*~ .:*%
;~" ."~i
"'lk....\f".
"'1"r/I~'~'''';'
KAROLYN . KEllOGG
MY COMMISSION EXPIRES
Apn111. 2010
.,..",,,
i~
CITY OF LApORTE
Martha Gillett; y Commission Exprires April 11 , 2010
TRM~~M~
~ -,ftW Ii'
'.Pfl..~" II:)~" J.
S 106-441
LA PORTE CODE
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Subdivision 1. Generally
Sec. 106-441. Table A, 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
All uses permitted or/accessory in R-3
zone, except single-family detached and
special lot, duplexes, quadruplexes,
townhouses, and multifamily P P
All conditional uses in R-3 zone * C C
Agricultural service (076-078) * * P
Amusements (791-799) C * P
Amusement (7993)1 C * P
Antique and used merchandise stores
(5932) * P P
Arrangement for passenger transport
(472) * * P
Arrangement for shipping and transport (473) * * P(I)
Apparel and accessory stores (561-569) C * P
Automotive dealers and service
stations (551, 552, 553, 555-559) * * P
Automotive repair, services (751-754) * * P
Banking (601-605) * * P
Building construction-General
contractors (152-161) * * P
Supp. No.9 CD106:58
.....Iorr l-i'
ZONING ~ lU6-441
Uses (SIC Code #) Zones
CR NC GC
Building construction-Special trade * * P
contractors (171-179)
Building materials, garden supply * * P
(521-523,526-527)
Business services (731, 732, 736-738) * * P
Business services (7359) * * P(A,B,C,D)
Civil, social and fraternal
organizations, (8641) C C C
Communications (481-489) * * P
Convenience stores (5411) * P P
Credit agencies (611-616) * * P
Dog grooming * * P(H)
Drugstores (591) * P P
Eating and drinking places (5813) C * P
Eating places (5812) C P P
Electric, gas and sanitary services (491,
4923,493,494,4952) * P P
Engineering, architectural, accounting
services(871--872) * P P
Food stores, general (541, 542, 544,
545,549) * * P
Freestanding on-premises signs See article VII of this chapter
Governmental and public utility buildings
(911-922,9631,4311 ) C * P
Grocery, fruit and vegetable stores (542,
543) * P P
Hardware stores (525) * P P
Home furnishing stores (571-573) * * P
Hotels and motels (701, 7032, 704) C * P4
Hospitals, laboratories (806-809) * * P
Insurance, real estate, legal, stock and
commodity brokers, agents (641-679) * P P
Laundry (plants) (7216-7219) * * P
Supp. No.9 CD106:59
S 106-441 LA PORTE CODE
Uses (SIC Code #) Zones
CR NC GC
Membership organizations (861-869) * * P
Miniwarehousing (4225) * * C
Misc. retail (592, 593, 5948, 596-599,
5399) C * P
Misc. repair services (762-764) * P P
Misc. shopping (5941-5947,5949,
5992---5994) C P P
Misc. shopping (5995, 5999) C * *
Motion picture theaters (7832) * * P
Museums, art galleries (841---842) C * P
Offices for doctors, dentists, etc. (801-805) * P P
Passenger transportation (411-415) * * P
Personal Services (7211-7215, 722-729) * P P
Recreational buildings and community
centers C P P
Reproduction, photography, and cleaning
services (733-734) * P P
Repair services (7699) (except tank
truck cleaning) * * P
Retail bakeries (546) * P P
Securities and insurance (621-639) * * P
Service stations (554) * P
Service stations, excluding truck stops
(554) C * P
Underground pipelines (461) * P P
Veterinary services (0742) * P P
Video rental and sales shop * P P
Parking ramps and structures C P P
Commercial PUD (Refer to section
106-636) * C C
Supp. No.9 CD106:60
ZONING
s
106-443
Kennels, boarding (0752)
Kennels, breeding (0279)
*
Zones
NC GC
* P(C,G)
* PCB)
C C
C C
C C
C C
* C
* C
C C
Uses (SIC Code #)
Cr
Outdoor sales as a primary or accessory use
Outdoor storage as a primary or accessory use
*
Off-site parking
Off-street loading
Joint parking
C
C
C
C
Drive-in or drive through facilities as
an accessory or principle use
C
*
Unlisted uses, similar to uses listed above
C
1. Within the overlay portion, residential activities are only allowed above the first
floor.
2. Refer to chapter 10 of this Code. (1\Just be at least 300 feet from church, school or
hospital.) (Ord. No. 1501-11, S 7, 10-14-02)
3. Single-family detached prohibited in main street overlay zone, but permitted in
main street district.
4. Hotels and motels are a conditional use under this Chapter when adjacent to
residential zoned properties (R-l, R-2, and R-3 zoning districts).
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