HomeMy WebLinkAbout10-18-12 Regular, Public Hearing and Workshop Meeting of the Planning and Zoning Commission
City of La Porte Planning and Zoning Commission Agenda
RegularMeeting,Public Hearing, and Workshop
Notice is hereby given of a of the La Porte
October18, 20126:00 P.M
Planning and Zoning Commission to be held on , at . at City Hall Council
Chambers,604 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to
the agenda listed below:
1.Call to order
2.Roll Call of Members
3.Consider approval of September20, 2012, meeting minutes.
4.Open Public Hearing to receive public input regarding proposed regulations to allowAccessory
Structures without associated Primary Use or Structure in the Large Lot Residential Zoning
District.
A.StaffPresentation
B.Proponents
C.Opponents
D.Proponents Rebuttal
5.Close Public Hearing
6.Consider recommendation to City Council regarding amendments to Chapter 106 “Zoning” of
the Code of Ordinances, for the purpose of enacting regulations for Accessory Structures
without requirement for associated Primary Use or Structure in the Large Lot Residential
Zoning District.
7.Open Workshop to discuss proposed regulations for Dust Free Surface criteria for properties
within the City of La Porte
8.Administrative Reports
9.Commission Commentson matters appearing on agendaor inquiry of staff regardingspecific
factual information orexisting policy
10.Adjourn
A quorum of City Council members may be present and participate in discussions during this meeting;however,
no action will be taken by Council.
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees,requests should be received
24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the October18, 2012, agenda of items to be considered by the Planning and
Zoning Commission was postedon the City Hall bulletin board on the ____ day of __________,2012.
Title: ______________________________
____________________________________________________
Out of consideration for all attendees of the meeting, please turn off all cell phones and
pagers, or place on inaudible signal. Thank you for your consideration.
Planning and Zoning Commission
Minutes of September 20, 2012
Commissioners Present: Richard Warren, Helen LaCour, Phillip Hoot, Hal Lawler, Mark Follis,
Danny Earp, and Les Bird
Commissioners Absent: Doretta Finch and Lou Ann Martin
City Staff Present: Assistant City Manager Traci Leach, Planning Director Tim Tietjens, City
Planner Masood Malik, Assistant City Attorney Clark Askins, and Office
Coordinator Peggy Lee
Others Present: One citizen was present
Call to order.
1.
Meeting called to order by Chairman Lawler at 6:05 p.m.
Roll Call of Members.
2.
Commission Members verbally indicated their attendance; Commissioners Finch and Martin
were not present for the meeting.
Consider approval of August 30, 2012, meeting minutes.
3.
Motion by Commissioner Hoot to approve the August 30, 2012, meeting minutes. Second by
Commissioner Warren. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, Earp, Bird, and Chairman Lawler
Nays: None
Open Public Hearing to receive citizen input on the La Porte Com.
4.
Chairman Lawler opened the public hearing at 6:10 p.m.
A. Presentation
Matt Bucchin, Kendig Keast Collaborative, presented a summary of the Comprehensive
Plan Update and described the sequence of events leading up to the public hearing:
Project kick-off in June 2011, which included key interviews with staff, eight (8)
small committees, and individual interviews with Mayor and City Council.
August 2011 through August 2012, conducted ten (10) Planning and
Commission Meetings during which elements of the Plan were reviewed.
Conducted two (2) Council briefings.
Planning and Zoning Commission
Minutes of September 20, 2012
Page 2 of 4
Masood Malik, City Planner, reported on the various methods used to advertise the
public hearing. Additionally, a separate mail notification was sent to 26 Planned Unit
Development (PUD) property owners, with two (2) responses received in favor and one
(1) response in opposition to the proposed Future Land Use Plan; one (1) of the notices
was returned to the City as undeliverable.
During discussions, it was noted that notices sent to two of the PUD property owners
contained errors. The Commission concurred that staff should re letters to these
property owners with the correct information as shown below:
Pierside Industries
Existing Land Use Plan - Mid to High Density Residential
Proposed Future Land Use Plan Business Industrial
PPG
Existing Land Use Plan Mid to High Density Residential and Public Uses
Proposed Future Land Use Plan Mid to High Density Residential
There was discussion about changing the Future Land Use Plan for
th
the detention pond between S. 16 St. and SH 146 S, within the Port Crossing Business
Park, from Parks and Open Space to Business Industrial on the Fu
At the request of Commissioner Follis, the Commission discussed
(4) lots off Fairmont Parkway (two blocks east of City Hall) as Commercial and changin
the remainder of lots in the block, up to W. I St. to Low Densit
Future Land Use Plan.
There was discussion about changing the tract east of Taylor Baydway
from Residential to Commercial on the Future Land Use Plan.
There was discussion about retaining the existing Commercial tra
corner of Wharton Weems Blvd. and SH 146 on the Future Land Use Plan.
B. Public Comments
There were no public comments.
Close Public Hearing
5.
Chairman Lawler closed the public hearing at 7:45 p.m.
Consider recommendation to City Council on the La Porte Comprehe
6.
Motion by Commissioner Follis to recommend to City Council, approval of the La Porte
Comprehensive Plan Update, with the following changes to the Plan which was presented:
Planning and Zoning Commission
Minutes of September 20, 2012
Page 3 of 4
Change the Future Land Use Plan for the area that includes the d
th
St. and SH 146 S, within the Port Crossing Business Park, from Parks and Op
S. 16
Space to Business Industrial.
Leave the first four (4) lots off Fairmont Parkway (two blocks e
Commercial and change the remainder of lots in the block, up to W. I St., to Low
Density Residential on the Future Land Use Plan.
Change the tract east of Taylor Bayou along S. Broadway from Res
Commercial on the Future Land Use Plan.
Retain the existing tract at the northeast corner of Wharton WeeSH 146 as
Commercial on the Future Land Use Plan.
Correct any typos and incorrect references throughout the docume
Second by Commissioner Warren. Motion carried.
Ayes: Commissioners Warren, LaCour, Follis, Earp, Bird, and Chairman L
Nays: Commissioner Hoot
Chairman Lawler thanked Kendig Keast Collaborative for their pro
Administrative Reports
7.
Tim Tietjens, Planning Director, reported City Council has directed a planning/procedural audit
of the Planning Department to ensure the City is being as responsive to our citizens as possible.
As part of the audit, Commission Members will more than likely be interviewed by the
consultant. It is anticipated the entire process should take approximately six (6) months.
Commission Comments on matters appearing on agenda or inquiry of
8.
factual information or existing policy.
Chairman Lawler thanked City staff for their contribution in working with the Commission to
review and update the Comprehensive Plan.
Commissioner Warren spoke of his appreciation for everyone working together and the
dedicated to completing the Plan update.
Commissioner LaCour thanked the group.
Commissioner Follis stated he was proud of the final draft Plan and inquired ab
be next for the Commission to review.
Planning and Zoning Commission
Minutes of September 20, 2012
Page 4 of 4
Chairman Lawler requested Commission Members make a list of issu
review/address in the upcoming months.
Commissioner Earp thanked staff and the consultant for their hard work.
Commissioner Bird expressed appreciation for all the work that went into updating
Chairman Lawler reminded Commission Members there would be a pub
nd
Comprehensive Plan during the October 22City Council meeting. Commission Members are
encouraged to attend.
Adjourn
9.
Motion by Commissioner Warren to adjourn. Second by Commissioner LaCour. The motion
carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, Earp, Bird, and Chairman Lawler
Nays: None
Chairman Lawler adjourned the meeting at 7:57 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Planning and Zoning Commission
Passed and Approved on October 18, 2012.
Hal Lawler
Chairman, Planning and Zoning Commission
Staff Report18, 2012
October
Accessory Structures w/o
Primary Use or Structure
Background
City Council directed staff to consider permitting accessory structures, i.e. storage,
garage and barns etc., without the primary residential use/structure within the City of La
Porte’s Large Lot District.Theintent is to suggest changes to the requirements and
provisionsfor residentiallarge lotdistrictsas stated in the Zoning(Chapter 106) of the
Code of Ordinances. At issue are accessory structure requirement for large lot residential
to have garages, barns, and/or storages without a primary structure on the same
establishment.
Earlier, a property owner in theLomax area sold a piece of property with a barn to an
individual who does not want to build a house (primary structure) at this time. See exhibit
attached. They would rather prefer to enjoy the property with a barn only and need
electricity for this accessory structure. The City’s Code of Ordinances prohibits accessory
structures without a primary structure on the property.
Existing Requirements:
Definition:
Accessory Structure:adetached, subordinate structure, the use of which is clearly
incidental and related to that of the principal structure or use of the land, and which is
located in the same lots as of the principal structure or use.
Regulations:
Zoning Ord. #620 (10/05/1960 adoption) addresses placement in relation to house &
use of materials similar to the primary.
Zoning Ord. #780 (02/05/68 amendment) addresses placement in relation to house &
lot coverage.
Zoning Ord. #1501 (01/26/87 adoption) Table 106-331 identified toolhouse, sheds,
storage buildings (non-commercial associated with residence) as an “accessory” use.
Chapter106 of the City’s Code of Ordinances, Table 106-331 still identifies
toolhouses, sheds, storage buildings (non-commercial associated with residence) as
an “accessory” use.
In addition, Table 106-331 also identifies domestic livestock –Large Lot as an
“accessory use”.Therefore, a primary house is required for accessory
buildings/structuresor animals on the property.
Accessory Structures
ZOA
Page 2of 5
Analysis:
A number of communities across the country do permit accessory structures without a
principal structure in agricultural districts or in residential districtswhere agricultureis
the primary use of the land. After reviewing a number of codes from the nearby cities,
staff didfind a few examples that follow this model. Aside from this general exemption
for structures on lots used primarily for crop production, stafffoundone example of a
community, Pearland, with a specific exemption for accessory structures on lots with no
primary structure in a specific zoning district intended for newly annexed or undeveloped
lands.
While analyzing nearby cities area and use regulations for accessory structures, it was
difficult to render any distinction between accessory and primary structures. The City of
Pasadena is a non-zoned municipality and the regulation of land use is done by deed
restrictions and city ordinances. Here, if the subdivision deed restrictions allow it, a
vacant lot can have a shed or garage placed on it as long as it is not used for residential
purposes.
City of Galveston permits farm accessory building, a structure other than a dwelling, on a
farm for the housing, protection or storage of the usual farm equipment, animals, and
crops. Whereas, other comparison cities (Baytown, Deer Park, Friendswood, League
City, Texas City, Webster) do not permit accessory structures with no primary structures
in residential districts.
Results of research bythe Planning Advisory Services(PAS)subsidiaryofthe American
Planning Association on the neighboring cities are shown in the table below:
CitiesPermits Accessory Structures with No Primary Structures
BaytownNo
Deer ParkNo
FriendswoodNo
GalvestonYes
La MarqueNo
League CityNo
Missouri CityNo
PasadenaYes
PearlandYes
Sugar LandNo
Texas CityNo
WebsterNo
2
Accessory Structures
ZOA
Page 3of 5
Recommended Requirements:
Based on the above research and prevailing conditions in the Large Lot district, staff
suggests the following changes to the City’s Code of Ordinances:
Section 106-1. Definitions.
Accessorystructure,useorbuildingwithoutrequiredprincipalstructure.
Aresidentialbarnandlivestock,withoutaprincipalstructure,shallbea
“conditionaluse”,withinthelargelotdistrictonly.Structure/useshallbeforthe
propertyowner’spersonaluseonly(commercialuseisnotallowed)fortractsone
(1)acreorlargerinsize.SeeSec.106-416.Specialregulations.
Section 106-331. Table A, Residential Uses.
P (ABC)—Permitted uses (subject to designated criteria established insection 106-334).
P—Permitted uses.
A—Accessory uses (subject to requirements ofsection 106-741)
C—Conditional uses (subject to requirements of sections106-216through106-218and
designated criteria established insection 106-334as determined by the planning and
zoning commission).
*—Not allowed.
Zones
Uses (SIC Code #)R-1R-2R-3MHLL
Domestic livestock—Large lotAAAAA
Domestic livestock –Large Lot District (without an existing principal structure ****C
on the property)
A
Storage of equipment in an accessory building orbehind a screening deviceAAAAC
A
Noncommercialtoolhouses,barns, sheds, storage buildings (noncommercialAAAAC
associated with residence)
3
Accessory Structures
ZOA
Page 4of 5
Sec.106-333.-TableB,residentialarearequirements.
(a)TableB,residentialarearequirements.
UsesMinimumMinimumMinimumMaximumMinimumMinimumMaximum
8
LotLotYardHeightSiteDevelopmentLot
Area/D.U.WidthSetbacksArea/UnitOpen Space/Coverage/
S.F.L.F.L.F. Unit S.F.Minimum
S.F.
7
F.R.S.Landscaping
2, 3, 4, 5, 6,
Required
10,9, 19
11, 12, 13, 14,
15
Large Lot
District (without
existing principal See Sec.106-416.SpecialRegulations.
structure:
Accessory
Structure/
Domestic
livestock
Sec.106-416.-Specialregulations.
(aa) Barn and/or Livestock
(without existing principal structure): Conditional (Requires SCUP from the
City)
Sec.106-741.-Generalprovisions.
(j)Largelotdistrict.Refertosection106-416,specialregulations.Theproperty
ownerofabarnand/orlivestockauthorizedwithoutaprincipalstructureon
theproperty,shallberesponsibleforensuringnoonelivesinthebarn,
propertyiskeptinasanitaryconditionandthepropertycomplieswithall
applicablecityregulations.
4
Accessory Structures
ZOA
Page 5of 5
Conclusion/Recommendation:
Based on the research and prevailing conditions in the area, staff recommends inclusion
of the above referenced provisions in the ordinances.
Action by the Commission
1.Conduct public hearing
2.Discuss the issues
3.Make a Recommendation to City Council at conclusion of a public hearing.
5
ORDINANCE NO. ______________
AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ACCESSORY
STRUCTURE, USE OR BUILDING WITHOUT REQUIRED PRINCIPAL STRUCTURE ON
THE SAME PROPERTY; ESTABLISHINGAN ACCESSORY STRUCTURE AS
“CONDITIONAL”;PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1:
That Chapter 106of the La Porte Code of Ordinances,“Zoning”, Article I, “In
General”,Section 106-1,“Definitions” is hereby amended by adding the following terms, to be
added in properalphabetical sequence,and to read as follows:
…
Accessorystructure,useorbuildingwithoutrequiredprincipalstructure.A
residentialbarnandlivestock,withoutaprincipalstructure,shallbea“conditionaluse”,
withinthelargelotdistrictonly.Structure/useshallbeforthepropertyowner’spersonal
useonly(commercialuseisnotallowed)fortractsone(1)acreorlargerinsize.SeeSec.
106-416.Specialregulations.
…
Section 2.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”, Division 2.“Residential District Regulations”, Subdivision I. “Generally”is hereby
amended by amending Section 106-331, which section shall read as follows:
“Sec. 106-331.Table A, Residential Uses.
P (ABC)—Permitted uses (subject to designated criteria established insection 106-334).
P—Permitted uses.
A—Accessory uses (subject to requirements ofsection 106-741)
C—Conditional uses (subject to requirements of sections106-216through106-218and
designated criteria established insection 106-334as determined by the planning and zoning
commission).
*—Not allowed.
Zones
Uses (SIC Code #)R-1R-2R-3MHLL
Domestic livestock—Large lotAAAAA
Domestic livestock –Large Lot District (without an existing principal structure****C
on the property)
A
Storage of equipment in an accessory building orbehind a screening deviceAAAAC
A
Noncommercialtoolhouses,barns, sheds, storage buildings (noncommercialAAAAC
associated with residence)
Section 3.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”, Division 2. “Residential District Regulations”, Subdivision I. “Generally” is hereby
amended by amending Section 106-333, which section shall read asfollows:
Sec.106-333.-TableB,residentialarearequirements.
(a)TableB,residentialarearequirements.
UsesMinimumMinimumMinimumMaximumMinimumMinimumMaximum
8
LotLotYardHeightSiteDevelopmentLot
Area/D.U.WidthSetbacksArea/UnitOpen Space/Coverage/
S.F.L.F.L.F. F.R.S.S.F.Unit S.F.Minimum
2, 3, 4, 5, 6, 10,7
Landscaping
11, 12, 13, 14,
Required
159, 19
Large Lot District
(without existing
principal structure: See Sec.106-416.SpecialRegulations.
Accessory Structure/
Domestic livestock
2
Section 4.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”, Division 2. “Residential District Regulations”, Subdivision VI. “LL Large Lot
District” is hereby amended by amending Section 106-416, which section shall read as follows:
Sec.106-416.-Specialregulations.
(aa)Barn and/or Livestock
(without existing principal structure): Conditional (Requires SCUP from the City)
Section 5.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article V.
“Supplementary District Regulations”, Division 2. “Accessory Buildings, Uses and Equipment”
is hereby amended by amending Section 106-741, which section shall read as follows:
Sec.106-741.-Generalprovisions.
(j)Largelotdistrict.Refertosection106-416,specialregulations.Thepropertyowner
ofabarnand/orlivestockauthorizedwithoutaprincipalstructureontheproperty,
shallberesponsibleforensuringnoonelivesinthebarn,propertyiskeptina
sanitaryconditionandthepropertycomplieswithallapplicableCityregulations.
Section 6
:All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 7:
Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 8
.Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 9.
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 is 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 Chapter 551, Texas LocalGovernmentCode; and that this
meeting has been open to the public as required by law at all times during which this ordinance
3
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 10.
This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at leastoncewithin ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the______ day of _________________, 2012.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
4
Staff Report, 2012
October 18
Dust Free Surface
Discussion Item
Background
City Council received an inquiryabout an effective enforcement of the City’s dust free
surface criteria. Council directed staff to study the issue and present it to the Planning and
Zoning Commission for their consideration.
The City of La Porte’s Zoning Ordinance requires a dust free surface for areas intended
to be utilized for parking, driveways and areas intended to be utilized for storage
requiring vehicle use as shown in the sections referenced below. In addition, Ordinance
No. 904 dated 11-15-71 (see copy attached) prescribes standards for concrete used in the
construction of driveways, sidewalks, and patios.
Existing Requirements:
Section 106-835(f) requires a material suitable to control dust and drainage, except in the
case of single-family and two-family dwellings, which requires a dust free surface in
conformance with the Public Improvement Criteria Manual (currently interpreted to
require either a concrete or asphalt driveway), see Exhibit C.
Section 106-837 requires a concrete or bituminous (asphalt) driveway for single-family,
two-family, and townhome accessory off-street parking, see Exhibit D.
Section 106-416 requires the first 40 feet of a 12-foot wide driveway and the first 20 feet
of a 20-foot wide driveway be dust free, but does not define the dust free surface, see
Exhibit E.
Section 106-444 (b) allows for a storage area to be grassed or surfaced to control dust,
see Exhibit F.
Recommended Requirements:
While the above code sections do not necessarily conflict with each other, they present a
problem to staff in their administration due to being vague and poorly defined to address
the full spectrum of development scenarios. In an effort to better define the dust free
surface ordinance and to address complaints, as well as requests by individuals for the
use of surfaces not currently allowed by ordinance, staff has prepared a table listing the
existing and proposed dust free ordinance conditions& Optionsfor the Commission’s
discussion and consideration(see Exhibit B).
Accessory Bldgs.
Zoning Ordinance Amendment
Page 2of 2
Actions by the Commission:
1.Discuss the issue
2.The Commissionmay elect to:
Direct staff to finalize recommendationand arrange a public hearing by
next meeting
Make recommendation to City Council at the conclusion of a public
hearing.
2