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HomeMy WebLinkAboutO-2006-1501-F5 architechural standards/TIRZ zone 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11.2006 Requested By: W.vu. S.b.,( '1 / v Department: Planninl!: Exhibits: Ordinance Draft Amendment to the Ordinance Building Standards (Photos/PP) Appropriation: N/A Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Report: _Resolution: _Ordinance: ----X- SUMMARY City Council directed staff to conduct a review of the existing development conditions and future development strategies relating to the Architectural Building Standards in the Tax Increment Reinvestment Zone (TIRZ) No.1. The purpose is to enhance the overall impression of the City, to have quality developments along major thoroughfares, and eventually attract new sustainable businesses to La Porte. Staff, with guidance from the Planning and Zoning Commission reviewed proposed amendments to the Zoning Ordinance (Chapter 106). After a public hearing at the August 17,2006, meeting, the Planning and Zoning Commission, by a unanimous vote, recommended amendments related to Architectural Building Standards for TIRZ No.1 to be included in Chapter 106 (Zoning of the Code of Ordinances). Currently, no control is associated with construction of a development whose use is "permitted" within a certain zoning district. The building must meet applicable building codes, but no parameters are available to enforce architectural and building standards or exterior material. However, current ordinances allow some controls to be included with Special Conditional Use Permits (SCUP) associated with uses listed as "conditional" within certain zoning districts and for construction within Planned Unit Developments (PUD), which normally follow some form of development agreement between the developer and the City. Several cities in our area have approached this issue by adopting an ordinance, which defines standards to be used on new construction fronting major thoroughfares. Typically, these ordinances mandate the use of a combination of brick, masonry and glass to a certain percentage to achieve the desired effect. A provision for Exterior Building Designs has been introduced per Section 106-680 of the Code of Ordinances (see draft attached). Any building readily visible from a major thoroughfare or directly abutting a residential development on any side shall be 100% masonry and/or glass with minimum landscaping of 10%. Development of non-conforming existing structures will require into compliance with these standards. Action Required bv Council: 1. Conduct a public hearing. 2. Consider Planning and Zoning Commission recommendation to approve an ordinance amending Chapter 106 (Zoning) adding to Exterior Building Design Standards in TIRZ No.1. Approved for City Council A2enda t(/JU Debra Brooks Feazelle, City M " ilL ' "'," /i / ,J/C{)J\f, " ___/ ' (-& --00 ager Date ORDINANCE NO. 1501-.ff" 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 IV. PLANNED UNIT DEVELOPMENT DIVISION 4, REQUIREMENTS, SUBDIVISION 1 , GENERALLY, AND BY ADDING SECTION 106-680, EXTERIOR BUILDING DESIGNS, FOR THE CITY'S TAX INCREMENT REINVESTMENT ZONE NO.1; 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 17'h day of August 2006, 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 August 17, 2006, 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 August 18, 2006, a true copy of which letter is attached hereto as Exhibit "e", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501-H Page 2 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 11thday of September, 2006, 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 the amendments to the Zoning Ordinance by adding Section 106-680, Exterior Building Designs for the City's Tax Increment reinvestment Zone No.1 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. 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 ORDINANCE NO. 1501-f5"" Page 3 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 / /-iL day of SePT. ,2006. By: CITY OF LA PORTE ~L?~ ALTON PORTER, Mayor ------ ATTEST: By ~J.AUj~J4.1!i MART A GILLETt, City Sec etary APPROVED: By: ~ r ~.A~ CLA ASKINS, Assistant CIty ttorney 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 17th day of August, 2006, in the Classroom of the La Porte Recreation and Fitness Center, 1322 South Broadway, La Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of La Porte, pertaining to Architectural Standards within Tax Increment Reinvestment Zone (TIRZ) #1 and to consider additions to the Zoning Ordinance concerning requirements for exterior building design standards in the City of La Porte. 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 iriformation. :DiIB.rr A ~ !, Tri~ST ATE OF TEXAS, '. . ........ ..... ..In. ..' accordance.. with Jhe provisions of SeCe . . lion 1 06-171pf the Code J ............0. to...... r.d..ina..~. ces,.. o.t. t.h..e. C.ity. ./' . .ot La Porte, and the provl- .' "SiO~' fi'! e' Texas LocaJ : .........~~.h.. (3~.r. ;e. .....~. e..~....~.........tt.nl1.. O.e...t....iL.C;.i Po , a in .' . ~ningl (;0111 .issi .....111 onduct Ii La Porte '.....p...u...Q..I..i.C.........h.....e..:...nt.~..........6..:...00. ..p......M. ..,1 nf Harris on the 'l1th~.d!~ of.Au- y ~,tt,~h.~09~{in th~.c:lCl.~?:-Df Texas E()()rppf,meH~()t'te..Rec-1 .rel:l.!'(mCl.Qdfltl1e~S..' Cen-: ':l~':~lJ~tif~~~1.~j~~~&r;') me, the undersigned authority, on this date came and 'b6g~d~iJ~~~~cm~~t~s'Is}ed Sandra Bumgarner, a duly authorized representative of ,................. ................. .1 ...the.,~oning....()rdin~nge:,Of3ayshore Sun a semi-weekly newspaper published and !heG,ityof>Lfi f)()rte.perci , .'. . }ainif1g.to,Architec;t~\(lJally distnbuted In the CJty of La Porte, Hams County Texas and Standfir9swIthinTaxln-! . ' i:c;re.rnElf1t',.~einYElstryiinl. Her being duly sworn, swears the attached notice was ';t8De..'::,(T/~5)~::~Jji?l1(tt, ed J'n The Bayshore Sun dated /l.o /0 ~ /0 I jconsi additid "" '..,'..'.' v 0 c:>'- yo ~ ;""-'.';';"'''f>: . , leB'~ 281-471-1234 Fax 281-471-5763 I;. 8th Street i), Texas 77571 .... -.-, NOTICE OF PUBLIC .. HEARING re SUD ~ .! and subscribed before me this Jr~ ,2006, ;v ~ day of Kellogg Public County, Texas ,,,,'Ilk""',, .'J>y!\.M-_ ~"'f*:"'" . :*. :1r: - . - - . . - ;.~. .*0,: ~;::~:Wf,~~.... .. , -'- .-,'8; KAROLYN KELLOGG i} MY COMMISSION Exp:JREsl: April 11, 2010 ,~~ Exprires April 11 , 2010 IS'. rr. :"'.. . +~ > ." .' ibi1 City of La Porte Established 1892 August 18, 2006 Honorable Mayor Alton Porter and City Council City of La Porte Re: Zoning Ordinance Amendment - Architectural Standards in TIRZ No.1 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on August 17, 2006, held a public hearing to consider amendments to the Zoning Ordinance (Chapter 106), by amending Article IV. Planned Unit Development, Division 4, Requirements, Subdivision 1, Generally, and by adding Section 106-680, Exterior Building Designs, for the City's Tax Increment Reinvestment Zone No.1. The Planning and Zoning Commission, by a unanimous vote (6-0), recommends approval of the Zoning Ordinance amendment related to Architectural Standards in TIRZ #1. ~RespectfUllY S~1!1itted, Ii ~&-- p~lon 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 ~EXHIBrr' C 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 11th day of September, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of La Porte, pertaining to Architectural Standards within Tax Increment Reinvestment Zone (TIRZ) #1 and to consider additions to the Zoning Ordinance concerning requirements for exterior building design standards in the City of La Porte. 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) 47J-5030for further information. 'mt'B" D . '. :"-, _' _' . _." i " ,",".-:,',," ... -:. .." - . "'. _',> :.i . ....".... ".' ... JH....E....ST.(t."T..~~f~~;fSpL\ COUNfyO~Jjt'~F\ISc.... . 8th Street Texas 77571 281-471-1234 Fax 281-471-5763 . - -~ .." -.. - .. -- . . ..'.. .'. ~ "-"" '. - .,-. >. . .. ." .. .. -." .... '. .. CITY OF LA ~ORTE ." ":';:'" .,.'- "'-. i'i.Nbr-,g~'8~'~0,~L!~\.'. . . HEARI~G~:"', ',. ,. ">:.'~;~~1':><~-"!- ~ -_ " '. B f ..... me, the undersigned authority, on this date came and d Sandra Bumgarner, a duly authorized representative of Jjayshore Sun, a semi-weekly newspaper published and Iy distributed in the City of La Porte, Harris County, Texas and ter being duly sworn, swears the attached notice was d in The Bayshore Sun dated CJ g /~ 7 / () le- I ( ~ $ s..avi3i1a- Bumgarner fdr.a.ccoin~ i . erpfetiv.e: ,'-r . '. '.' .e.eti(lgsi . should be made '48 hours' ~'~:Of" .to.&;~~t~;~;~~~~i,'; .ta- .ttice<at(281) 47F' ~~f&'t;o~~Df~~Hi;r~~V-;1and subscribed before me this l:'tt~O~.i,,:' . ';;.:~~,(}.k- ,2006. O'C:,,_ ..',....,....c.. /29J0 day of -i'J')~>:'~ . ')j;';,;>.-: -"- ,_ ".__' ,_ . ....c;, \?:~~ Karolyn Kellogg Notary Public Harris County, Texas , ...\\':.lJ.:;'~ll~, $~," {~J:\tffi It'Ir.I\'~ KAROLYN KELLOGG MY COMMISSION EXPIRES Apri/11.2010 ~ My Commission Exprires April 11, 2010 ZONING S 106-696 (c) Prior to recording in the county deed records, approval of the city shall be secured as to the documents described in subsection 106-676(b). (d) The declaration of covenants, conditions or restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of such declaration. (e) The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. The declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control. Sec. 106-677. Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection. Proposed utility connections shall be subject to approval by the planning director. Sec. 106-678. Building height. Height limitations shall be the same as imposed in the respective districts. Sec. 106-679. Roadways. Private roadways within the project shall have an improved surface to 24 feet or more in . width and shall be so designed as to permit the city fire trucks to provide protection to each building. No portion of this required 24-foot road system may be used in calculating required off-street parking space or be used for parking. Sec. 106-680. Exterior Building Designs The material used on the exterior fayade of all commercial and industrial buildings within the City's TIRZ No.1 shall conform to the requirements below and in accordance to the appropriate zoning district, land uses, and visibility of the site. (a) Minimum exterior wall standard for any building visible from a major thoroughfare or directly abutting residential development shall be 100% masonry or glass, e.g. brick, stone brick veneer, tilt wall, decorative or textured concrete block, split face block, stucco, and EIFS (Exterior Insulation and Finish systems). (b) All nonconforming structures must come into compliance with the above standards whenever a permit is desired and under review per Sections 106-262 and 106-268 of this ordinance. Any pre-existing building which is required to conform to this section shall have front fa9ade 100% masonry or glass, side/rear 50% masonry or glass. Landscaping: Minimum 10% Sees. 106-681-106-695. Reserved. CDI06:79 'EKHIBlT '11 "