HomeMy WebLinkAbout03-21-13 Regular Meeting and Public Hearing of the Planning and Zoning Commission
City of La Porte Planning and Zoning Commission Agenda
RegularMeetingand Public Hearings
Notice is hereby given of a of the La Porte Planning and
March21, 20136:00 P.M
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 February21, 2013, meeting minutes.
4.Open Public Hearing to receive citizen input on Special Conditional Use Permit#13-91000001,
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Street, further described as 5 acre tract TR 1B-1, in
for the property located at 1926 South 16
the William P. Harris Survey,Abstract No. 30,La Porte, Harris County, Texas.Reese Brown, on
behalf of Buffalo Horn Investment, LLC.property owner,seeks approval for building
approximately100,000 sq. ft. office/warehousewithin Planned Unit Development (PUD) zone.
A.StaffPresentation
B.Proponents
C.Opponents
D.Proponents Rebuttal
5.Close Public Hearing.
6.Consider recommendation to City Council regarding Special Conditional Use Permit#13-
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Street.
91000001for property located at 1926 South 16
7.Open Public Hearing to receive citizen input on Special Conditional Use Permit#13-91000002,
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Street, further described as Lots 1thru 9 and 34, Block 54,
for property located at 120North 7
Town of La Porte,Johnson HunterSurvey, Abstract No. 35, La Porte, Harris County, Texas.
Deborah Giles, on behalf of St. Mark United Methodist Church,property owner,seeks approval to
build a church within Main Street District (MSD)zone.
A.StaffPresentation
B.Proponents
C. Opponents
D. Proponents Rebuttal
8.Close Public Hearing.
9.Consider recommendation to City Council regarding Special Conditional Use Permit#13-
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91000002for property located at 120North 7Street.
10.Receive Presentation by Mueller Management / Ron Cox Consulting on Planning Department
Organizational Review.
11.Discussion or other action regarding Planning Department Organizational Review and
Implementation Plan.
12.Administrative Reports
13.Commission Commentson matters appearing on agendaor inquiry of staff regardingspecific
factual information orexisting policy
14.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 March21, 2013, agenda of items to be considered by the Planning and
Zoning Commission was posted on the City Hall bulletin board on the ____ day of __________,2013.
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 February 21, 2013
Commissioners Present: Richard Warren, Phillip Hoot, Mark Follis, Doretta Finch, Les Bird, Danny Earp,
Lou Ann Martin, and Hal Lawler (Danny Earp arrived at 6:30 p.m.)
Commissioners Absent: Helen LaCour
City Staff Present: Assistant City Manager Traci Leach, Planning Director Tim Tietjens, City
Planner Masood Malik, City Engineer Julian Garza, Assistant City Attorney Clark
Askins, and Office Coordinator Peggy Lee
Call to order.
1.
Meeting called to order by Chairman Hal Lawler at 6:01 p.m.
Roll Call of Members.
2.
Commissioners Warren, Hoot, Follis, Finch, Bird, Martin, and Lawler were present for roll call.
Consider approval of January 17, 2013, meeting minutes.
3.
Motion by Commissioner Hoot to approve the January 17, 2013, meeting minutes. Second by
Commissioner Bird. Motion carried.
Ayes: Commissioners Warren, Hoot, Follis, Finch, Bird, Martin, and Lawler
Nays: None
Open Public Hearing to receive public input regarding proposed regula
4.
criteria for all Zoning Districts.
Chairman Lawler opened the public hearing at 6:04 p.m.
A. Staff Presentation
City Engineer Julian Garza presented a summary of the recommendeamendments to
dust free surfacing criteria, as outlined in the draft ordinance presented to the
Commission.
Commissioner Hoot suggested subsection B.6., of Sec. 106-841 be cross-referenced
under subsection D of the same section.
Commissioner Martin had compiled a list of existing businesses that would be
impacted if made to comply with the proposed regulations. Mr. Gpointed out
subsection C.5., of Section 106-841, which would not require compliance with Section
106-841 if removal or placement of existing material is for maintenance.
Planning and Zoning Commission
Minutes of February 21, 2013
Page 2 of 3
Commissioners discussed the need for maintenance provisions to e
remains dust-free.
B. Proponents
There were no proponents.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no rebuttals.
Close Public Hearing.
5.
Chairman Lawler closed the public hearing at 6:50 p.m.
Consider recommendation to City Council regarding proposed amendments to Chapter 106 Zoning
6.
of the Code of Ordinances, for the purpose of enacting regulatio
all Zoning Districts.
Motion by Commissioner Bird to recommend to City Council, approval of proposed amendments to
Zoning Chapter 106 of the Code of Ordinances for the purpose of
Surface criteria for all zoning districts; cross-referencing Subsection B.6., of Sec. 106-841 under
Subsection D of the same section; and acknowledging that these proposed amendments will not
address pre-existing dust conditions in the City.
Second by Commissioner Hoot.
Ayes: Commissioners Warren, Hoot, Follis, Finch, Bird, Earp, and Lawler
Nays: Commissioner Martin
Receive an update on the Planning and Zoning Commission Subcommittees review
7.
Zoning of the Citys Code of Ordinances.
City Planner Masood Malik provided an update of the subcommittee(Commissioners Follis, Hoot,
and Bird) Zoning Ordinance review progress. The subcommittee is currently reviewing Planning
Department policies as well as a working draft of the Zoning Ordinance. At the suggestion of the
subcommittee, Commissioners added a rolling alternate position to allow staff to contact another
Commissioner to attend subcommittee meetings if there is a known absence. Commissioners Martin,
Earp, and Lawler volunteered to serve as rolling alternates.
Planning and Zoning Commission
Minutes of February 21, 2013
Page 3 of 3
Administrative Reports
8.
Planning Director Tim Tietjens reported that Mueller Management/
final recommendation on the Planning Department audit to City Co Council
requested the final report be presented to the Commission. Memb
good date to meet.
Commission Comments on matters appearing on agenda or inquiry of
9.
information or existing policy.
Commissioner Warren thanked the subcommittee for their work with the Zoning Ordinance
o
review and welcomed back Commissioner Martin.
Commissioner Hoot wished Commissioner Bird and his wife good luck and welcomed back
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Commissioner Martin.
Commissioner Martin thanked the group for their patience and understanding during her
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recent absence.
Commissioner Follis attended a recent City Council meeting where the need for updating the
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Zoning Ordinance was discussed.
Commissioner Bird welcomed back Commissioner Martin.
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Chairman Lawler thanked the subcommittee and staff for their wor
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criteria.
Adjourn
10.
Chairman Lawler adjourned the meeting at 7:05 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Planning and Zoning Commission
Passed and Approved on __________________ ______, 2013.
Hal Lawler
Chairman, Planning and Zoning Commission
Special Conditional Use Permit
#13-91000001
Exhibits
Staff Report
A.Ordinance w/SCUP
B.Aerial Map
C.Preliminary SitePlan
Staff Report, 2013
March 21
Special Conditional Use Permit
#13-91000001
Office/Warehouse
Requested by
:Reese Brown on behalf of Buffalo Horn Investment, LLC., Property Owner
Requested for
:Construction of a 100,000 square foot tilt-wall office/warehouse on a 5.00
acre tractdescribed as TR 1B-1, in the William P. Harris LeagueSurvey,
Abstract 30, La Porte, Harris County, Texas.
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Location
:1926 S. 16Street
Present Zoning:
Planned Unit Development(PUD)
Requested Use:
Office/Warehouse
Background
:
The subject property is a part of the General Plan for formerly Texas
Import/Export Park (TIEP), 342.262± acres of land out of the George B.
McKinstry League, A-47, William P. Harris Survey, A-30, and Johnson
Hunter Survey, A-35, City ofLa Porte, Harris County, Texas. Later, it was
renamed as Port Crossing Business Park, consisting of approximately 286
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acres of land along South 16Street at State Highway 146 South.
Being a 5.00 acre tract known as Drill Site “D-9” conveyed to the Middle
Bayou, LLC., recorded under F.N. U496686, H.C.O.P.R.R.P., is located at
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the northwest of McCabe Road and South 16Street. A 30’ wide Exxon
Mobil Corp. pipeline easement runs diagonally to the north and south under
Union Pacific Railroad (UPRR) right-of-way adjacent to the subject tract to
the west.
Proposed project consists of a commercial construction of a one-story tilt
wall warehouse of approximately 100,000 sq.ft. The structure will be metal
framing with concrete tilt wall façade on threesides with metal sheeting
façade adjacent to the railroad. The warehouse will have office space and
restrooms. The facility will have fire protection sprinkler system in addition
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to the fire hydrants along South 16Street and McCabe Road. The project
also includes construction of asphalt paving for fire lane, access and parking
in addition to private and public utility improvements.
SCU #13-91000001
Buffalo Horn
Page 2of 3
The subject property is zoned Planned Unit Development (PUD).
Development in a PUD zoning district requires asite planora general
plan to be filed andprocessed simultaneously along with an application
for aSpecial Conditional Use Permit.
Analysis
:Section 106-659 of the Code of Ordinances establishes the following criteria
for review of the development projects within a PUD zone.
Land Use
–The City’s Future Land Use Plan2012shows this area
developing with heavy industrial uses. The existing land uses of nearby
properties are predominantly light industrialand business industrial.Port
CrossingBusinessPark is located just north of this undeveloped land. In
addition, the Bayshore Industrial, Inc. is located south of McCabe Road in
the BayportIndustrial District –Extra Territorial Jurisdiction (ETJ) of La
Porte.
Transportation
–The projectis located near State Highway 146, a primary
arterial and major truck route. As a result, this project provides more than
adequate accessibility for circulation of traffic. All traffic entering/existing
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will be through McCabeRoad andSouth 16Street.There should be a
minimalimpact on traffic flow within the business park and the vicinity.
Topography
–This area is relatively flat and stable and should not be an
obstacle to this type of development.
Exxon/Mobil Pipeline Easement
-Pipeline easement may be an obstacle
for this development. However, the plan shows that pipeline easement and
underground pipelines will be re-routed around the proposed building
location.A letter of approval from Exxon/Mobil shall be required at the time
of development site plan submittal.
Utilities and Drainage
–Public facilities and services are sufficient to
handle the supply of potable water, but require upgrading for fire protection
in the area. In addition, provisions must be made to ensure sufficient utility
extensions are provided to serve this development. Storm water drainage will
be conveyed through storm sewersystem in the easement on the west side of
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South 16Street, whichoutfallsinto the existing regional detention within
the Port Crossing Business Park. Regional detention pond is designed to
accommodate properties south of West ‘K’ Street and all of the Port
Crossing Business Park.This stormwater/detention facility has been
designed in accordance with the City and HCFCD specifications.
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SCU #13-91000001
Buffalo Horn
Page 3of 3
Conclusion/
Recommendation
Staff feels that the project has potential and would make a significant
impact on economic development within the City of La Porte. Based on
the above analysis, staff recommends approval of the Special Conditional
Use Permit with the following conditions:
1.This Special Conditional Use Permit is applicable for the subject property
and subsequent plan dated February 12, 2013, a copy of which shall be
maintained in the files of the City’s Planning Department. Project
development shall be consistent with such plan, except as otherwise
specified in these conditions of approval.
2.The plan shall comply with all other provisions of Chapter 106, Zoning of
the City’s Code of Ordinances.
3.Furnish the City a letter from Exxon/Mobil pertaining tothe approval of
pipeline easement and relocation.
4.Minor amendments to the plans shall be subject to approval by the
Director of Planning. A significant change in the approved concept shall
be subject to the Planning and Zoning Commission’s review.
5.Exterior modifications, including signage and installation of refuse
enclosures shall be reviewed by the Planning Department.
6.The Developer shall comply with all other applicable laws and ordinances of
the City of La Porteincluding building permits, irrigation, landscaping,
sidewalk provisions, fire access & suppression systemsand the State of Texas.
Options available to the Commission are:
Recommend to Council approval of this SCUP with additional
conditions.
Recommend to Council denial of this SCUP.
Continuethe public hearing at the Commission’s next regular meeting to
allow additional testimony and further study of this item. This results in
tabling any action on this item.
3
ORDINANCE NO. _____________
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 GRANTING SPECIAL
CONDITIONAL USE PERMIT NO. 13-91000001FOR THATCERTAIN PARCEL OF
LAND HEREIN DESCRIBED,FOR THE PURPOSE OF DEVELOPING
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OFFICE/WAREHOUSEFACILITY AT THE SOUTHWEST CORNER OF SOUTH 16
STREETANDMcCABE ROAD,IN A PLANNED UNIT DEVELOPMENT(PUD) ZONE;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
CONTAINING A SEVERABILITY CLAUSE; 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, TEXAS:
Section 1
:Chapter 106 “Zoning” of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit #13-91000001, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the development of office/warehousefacilityatthe
following described property, to wit: 5acre tract of land, beingTR 1B-1,recorded under F.N.
U496686, H.C.O.P.R.R.P., in the William P. Harris Survey, Abstract30, La Porte, Harris County,
within aPlanned Unit Development(PUD)zoning district.
Section 2:
All ordinances or parts of ordinancesinconsistent 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 3
.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 4.
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, Tx. Gov’t 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 5.
The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200’) of the properties
under consideration.
Section 6
.The City Council of the City ofLa 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 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 7.
This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the______ day of _________________, 2013.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clark Askins, Assistant City Attorney
2
City of La Porte
Special Conditional Use Permit #13-9100001
This permit is issued to:Buffalo Horn Investment, LLC
Owner or Agent
65568 Coyote Lakes Dt., Las Vegas, NV 89122-4763
Address
Office/Warehouse
For Development of:
Development Name
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1926 South 16Street, La Porte, TX 77571
Address
Legal Description:TR 1B-1 in the W.P.Harris League
Abstract No. 30,La Porte, Harris County, Texas.
Zoning:Planned Unit Development (PUD)
Office/Warehouse
Use:
Permit Conditions:
1.This Special Conditional Use Permit is applicable for the subject property and subsequent plan
dated February 12, 2013, a copy of which shall be maintained in the files of the City’s Planning
Department. Project development shall be consistent with such plan, except as otherwise
specified in these conditions of approval.
2.The plan shall comply with all other provisions of Chapter 106, “Zoning”of the City’s Code of
Ordinances.
3.Furnish the City a letter from Exxon/Mobil pertaining to theapproval of pipeline easement and
relocation.
4.Minor amendments to the plans shall be subject to approval by the Director of Planning. A
significant change in the approved concept shall be subject to the Planning and Zoning
Commission’s review.
5.Exterior modifications, including signage and installation of refuse enclosures shall be reviewed
by the Planning Department.
6.The Developer shall comply with all other applicable laws and ordinances of the City of La Porte
including building permits, irrigation, landscaping, sidewalk provisions, fire access & suppression
systems, and the State of Texas.
Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a
special conditional use permit shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence thatfurther
development is not contemplated, the ordinance establishing such special conditional use permit may be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, andthe previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped.
Validation Date:
Director of PlanningCity Secretary
3
AREA MAP
SCUP #13-91000001
DRILL SITE
Legend
CITY LIMITS
INDUSTRIAL DISTRICT
Special Conditional Use Permit
#13-91000002
Exhibits
Staff Report
A.Ordinance w/SCUP
B.Aerial Map
C.Preliminary SitePlan
D.Public Notice Response
Staff Report, 2013
March 21
Special Conditional Use Permit
#13-91000002
St. Mark United Methodist Church
Request
:Special Conditional Use Permit Request #13-91000002
Requested By
:Ms. Deborah Giles c/o St. Mark United Methodist Church
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Requested For
:Development of Church at 120 North 7Street, further described as
Lots 1-9 and 34, Block 54, Town of La Porte, Harris County, Texas.
Present Zoning
:Main Street District (MSD)
Requested Use
:Applicant is seeking a Special Conditional Use Permit (SCUP) for
the purpose of allowing construction of a Church. Section 106-331 of
the Code of Ordinance classifies this type of development as a
Conditional Use.
Background
:The subject property is within the Northside Neighborhood, a vibrant
community that is part of La Porte’s original homestead making it
both rich in history and, due to its location just north of the City’s
Main Street Corridor, a keystone residential presence just footsteps
away. The historical significance of the Northside Neighborhood is
also prominent and lends to the area’s strong sense of heritage. The
first school dedicated to African-American students is located at the
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corner of Tyler and North 5Street. Northside Neighborhood is
home to seven vibrant churches sprinkled throughout the area.
Ms. Deborah Giles, a representative on behalf of the St. Mark United
Methodist Church, is working towards building a new church facility
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at 120 North 7Street. Currently, they areconducting services at the
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New Hope Baptist Church at 222 North 4Street.
St. Mark United Methodist Churchowns several lots in the 100 block
thth
of North 6and 7Streets for quite some time.Due to increase in the
attendance/membership, a new building for the church is being
consideredat this time. A church facilitywithin the Main Street
Districtis described as a Conditional Use.
Special Conditional Use Permit
#13-91000002
Page 2of 3
Analysis
:Section 106-217 of the Code of Ordinances establishes the following
review criteria and conditions for approval of Special Conditional
Use Permits:
That the specific use will be compatible with and not
injurious to the use and enjoyment of the other property,
nor significantly diminish or impair property values
within the immediate vicinity.
That the conditions placed on such use, as specified in
each district, have been met bythe applicant.
That the applicant has agreed to meet any additional
conditions imposed, based on specific site constraints
necessary to protect the public interest and welfare of the
community.
Staff would note that the property is in the Northside Neighborhood,
primarily a single-family residential community. The tract in
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question is located at the corner of W. PolkStreet and North 7
Street. This proposed location is currently vacant and just across the
street to north is anotherexisting church. The proposed site is
surrounded by houses, undeveloped lots, and commercial uses.
There are several mature treeson the southeast side of these lots.
Some sizable trees may be preserved and add to the required
screening of the parking lot. The parking lot will need additional
landscaping in accordance with Section 106-444(a)(3) of the Code of
Ordinances.
Utilities are readily available to the property with adequate fire
protection. Water, sanitary sewer, and road conditions adequately
serve the area.The proximity to the Main Street, State Highway 146,
and Barbour’s Cut Boulevardprovide adequate access to the area.
Staff would note potential alcohol sales restrictions for businesses
near proposed church. There is an existing liquor store across the
alley from the proposed church along Main Street. A restaurant is
located in the vicinity of the proposed location. Per regulations, sale
of alcohol beverages within 300 feet of a church, public or private
school, or public hospital is prohibited.
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Special Conditional Use Permit
#13-91000002
Page 3of 3
Conclusion/
Recommendation
:Staff recommends approval of Special Conditional Use Permit for
the St. Mark United Methodist Churchwith the following conditions:
1.This Special Conditional Use Permit is specifically limited for
the St. Mark United Methodist Church on the above referenced
property.
2.This permit does not become valid until a Certified
Development Site Plan is submitted to the City; reviewed and
approved in accordance with the requirements of the
Development Ordinance.
3.The developer acknowledges the existence of existing
alcoholic beverage businessat 700 W. Main Street and waives
the rights for the protection under Section 6-2 of the City’s
Code of Ordinances for this particular business in regards to
church, school and daycare operations now andin the future.
4.The Developer shall comply with all applicable laws and
ordinances of the Cityincluding building permits, irrigation,
landscaping/screening, sidewalk provisions,and the State of
Texas.
Options available to the Commission are:
Recommendto Council approval of this SCUP with additional
conditions.
Recommend to Council denial of this SCUP.
Continue the public hearing at the Commission’s next regular
meeting to allow additional testimony and further study of this
item. This results in tabling any action on this item.
3
ORDINANCE NO. _____________
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 GRANTING SPECIAL
CONDITIONAL USE PERMIT NO. 13-91000002FOR THATCERTAIN PARCEL OF
LAND HEREIN DESCRIBED,FOR THE PURPOSE OF DEVELOPINGA CHURCH
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FACILITY ALONG NORTH7STREET,IN MAIN STREET DISTRICT(MSD)
ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
CONTAINING A SEVERABILITY CLAUSE; 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, TEXAS:
Section 1
:Chapter 106 “Zoning” of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit #13-91000002, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the development of churchfacilityatthe following
described property, to wit: 0.75acre tract of land, beingLots 1-9 and 34, Block 54,Town of La
Porte, as recorded in Volume 8, Page 16, H.C.M.R., Johnson Hunter Survey, AbstractNo. 30, La
Porte, Harris County,within Main Street District(MSD)zone.
Section 2:
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 3
.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 4.
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, Tx. Gov’t 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 5.
The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200’) of the properties
under consideration.
Section 6
.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 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 7.
This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the______ day of _________________, 2013.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clark Askins, Assistant City Attorney
2
City of La Porte
Special Conditional Use Permit #13-91000002
This permit is issued to:St. Mark United Methodist Churchc/o Deborah Giles
Owner or Agent
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120 North 7Street, La Porte, TX 77571
Address
For Development of:St. Mark United Methodist Church
Development Name
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120 North 7Street
Address
Legal Description:Lots 1-9 & 34-28, Block 54, Town of La Porte
Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas
Zoning:Main Street District (MSD)
Use:Church
Permit Conditions:
1.This Special Conditional Use Permit is specifically limited for the St. Mark United Methodist
Church on the above referenced property.
2.This permit does not become valid until a Certified Development Site Plan is submitted to the City;
reviewed and approved in accordance with the requirements of the Development Ordinance.
3.The developer acknowledges the existence of existing alcoholic beverage business at 700 W.
Main Street and waives the rights for the protection under Section 6-2 of the City’s Code of
Ordinances for this particular business in regards to church, school and daycare operations
now and in the future.
4.The Developer shall comply with all applicable laws and ordinances of the City including
building permits, irrigation, landscaping/screening, sidewalk provisions, and the State of
Texas.
Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a
special conditional use permit shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and
Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full
effect on the portion which is undeveloped.
Validation Date:
Director of PlanningCity Secretary
3
AREA MAP
SCUP #13-91000002
ST. MARK UNITED
METHODIST CHURCH
120 N. 7th ST.
City of La Porte
Planning Department
Organizational Review
Final Report and Recommendations
Mueller Management/Ron Cox Consulting
February 6, 2013
City of La Porte
Planning Department Organizational Review
Final Report and Recommendations
Table of Contents
Page
I.Introduction 2
II.Recommendations 4
Process Recommendations
A.Communication 4
B.Cumbersome Processes 6
C.Site Plan Review Process 8
D.Permitting Intake/Issuance 10
E.Code Enforcement 12
F.Inspections 13
G.Miscellaneous 14
Organizational Culture Recommendations
H.Mission & Goals 15
I.Departmental Cohesiveness 18
J.Trust 19
Code Recommendations
K. Code Recommendations 20
Zoning Code 20
Development Ordinance 23
Other 25
III.Conclusion 25
IV.Exhibits
A. Site Plan Review Flowchart
B. Permit Intake/Issuance Flowchart
1 Planning Department Review Consulting
I. Introduction
On September 24, 2012, the City of La Porte engaged Mueller Mana
Consulting, to perform an organizational review of the Planning
organizational reviews in various departments of the City was identified by the City Council during the FY
2013 budget planning process. The Planning Department was chose
due to its high frequency of customer/citizen interaction points
have a significant impact on the communitys perception of the City gov
Specifically, the purpose of this review was directed toward evaluating departmental policies,
procedures, practices, and codes to identify improvements that mlue, shorten response times,
and improve customer service. In particular, the processes invo
issuance were identified as areas of emphasis.
The underlying strategy of the analysis by the consulting team was to identify internal perceptions and
external perceptions as they relate to the identified issues/p
perceptions of internal participants (employees) align or differ
Planning Commission, customers) was analyzed to identify gaps in desired-versus-provided service
levels.
Internal perceptions were gathered from individual interviews with each member of the Planning
Department and members of other City departments who are involved with the site plan and building
permit processes. Further, the site plan review process and theand issuance processes
were flowcharted to identify potential gaps or inefficiencies in thos
External perceptions were obtained by individual interviews with each member of the City C
Planning and Zoning Commission. To further validate the percept
interviews, three separate focus groups were convened one focused on code enforcement; one with
contractors/designers; and one with business owners.
An interim report, summarizing the internal and external observations, organized under 10 major
themes, was presented to City Council on December 10, 2012. Subsequent report
presentation, the consulting team conducted the following activi
The interim report and several specific customer concerns that w
focus groups were reviewed with the Planning Department division managers. This
review provided an opportunity for the staff to better understand and accept the reality of
the issues at hand and begin to be part of the recommended solutions.
Management recommendations were developed to address the organizational culture,
communication, and trust themes that were identified in the interim report.
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The flow-charted processes were analyzed for efficiency and communication
improvement opportunities.
Organizational, process, and communication improvements were developed. Suggestions
offered by the electedand appointed officials, customers and employees were
incorporated.
The zoning and development codes were evaluated for potential recommendations to
improve their functionality and address concerns raised by the customer groups.
Implementation Recommendations:
Implementation of the recommendations will present many opportunities for organizational and
leadership development within the department and with customers. An effective method of
implementation is the use of task forces organized around a specific set of the recommendations.
Membership in the task forces should primarily consist of employ
also consist of representatives of the customer groups identifieEach task force should be
managed by a team leader appointed by the Director. Each team leader will
completing and reporting on the final implementation.
It is also important to reinforce the revised processes with underlying improvements in culture, trust,
and cohesiveness. The process improvements will not be fully successful until t
organizational culture is redirected toward better cooperation internally and a customer focus
externally. A variety of tools are available designed to enhance the organizational culture. A
commitment by City Council and management toward this holistic approach will enhance the full
implementation of the improved customer service attitude.
Acknowledgements:
The consulting team wishes to thank all members of the City Coun, Planning Commission, City
Managers office, the Planning Department, and the customer focu
great cooperation from each person we spoke with and encountered
information we requested. All participants were very candid in their comments and believed their
negative and positive comments would be used in the spirit of imMany
positive suggestions were put forth by the individuals and groupere
incorporated into these recommendations.
The consulting team appreciates this opportunity to be of servic
that these recommendations will add value to your customers exp
effectively perform their jobs. This report concludes our engagement,
provide additional assistance should you or the staff desire an
implementation.
3 Planning Department Review Consulting
II. Findings and Recommendations
The internal observations, external perceptions, and a preliminary assessment of the implications of
these observations and perceptions were documented in the interim report. The topics presented in
this report generally correspond to the themes that were coveredthe interim report. A set of
findings are presented for each topic along with a series of rec
finding. The topics are grouped into process, organizational culture, and code-related
recommendations.
Process Recommendations
The following process-related recommendations are intended to respond to concerns expr
customers and incorporate procedural improvement possibilities o
These improvements are designed to improve communication and access to information; reduce the
time required to obtain permits and improve the customer experie
Department.
A.Communication
Findings
The variety of independent prerequisites before the issuance of a building permit provides multiple
opportunities for ambiguity and difficulty in coordination. Cur
charged with coordinating all aspects of a project from initial
be challenging for customers to know exactly which sub-applications apply for a particular project
and the correct submittal sequence.
Staff acknowledged that multiple resubmittals do occur, but gene
result of poor plans being submitted or designers modifying unrelated items (on which the
additional comments are based). There is a gap between the perceptions of the customers and the
staff that needs to be resolved.
Recommendations
1.Pre-Development Meetings with customers:
i.Establish routine days and times for pre-development meetings when staff will
be available.
ii.Establish which staff is required to attend the pre-development meetings, and
hold those staff accountable for attendance. Establish a protoco
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responsibility to the appropriate person for notifying the staff of their
attendance requirement.
iii.Publicize the availability and schedule of pre-development meetings on the web
site and in the Planning Department lobby. Encourage staff to r
preference for using the pre-development meeting format whenever possible in
their interactions with the public.
iv.Develop a pre-development meeting checklist that outlines all of the permits
that may be necessary for a particular project, so that the appl
aware of the multiple steps that may be needed before they make their first
submittal. Also, provide fee schedules associated with each of the applicab
permits.
v.Utilize the pre-development meeting to review the checklist and have staff
available to elaborate and answer questions. Also, utilize this meeting to
communicate lessons learned from similar projects, such as critical review i
and long lead-time aspects of the permitting process, to assist the customer i
planning their overall schedule.
2.Host periodic forums for the development/contractor/business community to open
and maintain an opportunity for dialogue. These forums can be utilized to
communicate such topics as new codes, frequently encountered pro
receive feedback and suggestions from developers and contractors. The goal is to
establish and maintain open lines of communication between the d
customers to reduce the perception that involving management or
order to achieve solutions. Establishing open rapport will facilitate a collaborative
problem-solving environment between staff and customers.
i.Initially a quarterly schedule is recommended; re-evaluate frequency after the
first year.
ii.Depending on the interest of participants, the city may want to
forums into more focused topic sub-groups (for example, separate planning,
engineering, and inspections forums).
3.Establish a centralized database of previous code interpretationcessible to the
staff and public; or display in a FAQ format.
4.Ensure that the need for address verification and utility verifi
consistently; document the need on related forms and communicate early in the
application process.
5.Ensure that all permit application forms and related information (that was provided to
the consultants in the binder) are available on the website. At a minimum, provide
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printable PDF files, but preferably as live forms that can be completed an
electronically.
6.To the greatest extent possible with the current computer system
available on-line so that applicants can obtain status updates as easily as p
Where the computer system falls short, establish an information ill track
status of projects and provide contact information to the custom
information. The objective is to develop a system within the constraints of t
computer software system, to provide substantive information to omer on a
timely basis.
7.Post the office hours by the outside door. City hall hours are posted, which may cause
customers to think the office is closed when it is actually open
8.Departmental staff should proactively notify the city management
interactions that may be reasonably expected to evolve into more
relations situations.
9.Revise the Planning & Zoning Commission public hearing agenda format. The
following agenda sequence is proposed:
i.Staff Presentation
ii.Applicant Presentation
iii.Public Comments (for, against, or simply questions)
iv.Question and Answer
The current public hearing agenda format encourages the Commissi
before all of the information has been presented and also puts tion
of answering questions better answered by the applicant. The Commission should allow
all information to be presented in items i-iii before asking questions under item iv. Any
questions posed by the public during item iii should be noted bysion and
then asked by the Commission during the question and answer peri
question and answer period, questions should be directed by the
the staff or applicant, depending on who is in the better position to answer the
particular question.
B.Cumbersome Processes
Findings
The cumbersome nature of the NaviLine software system appears to
sluggishness and inconsistencies that customers experience. Iro
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processes too difficult to navigate and work without permits, this also increase
code enforcement division.
Recommendations
1.Track certain permits outside of the NaviLine system to eliminat
that does not add value for example: fill dirt, utility verification, culvert, address
assignment, site plan review.
i.A separate logging and tracking system (database or spreadsheet) n
developed and made available on the server so all staff members
update information and check status as needed.
2.The driveway permit process should be modified so that culvert sizing is handled as
part of driveway permit process rather than as a separate applic When a
driveway permit (issued by the Inspections Division) requires a
culvert permit (issued by the Engineering Division) is also required. The culvert permit
primarily consists of specifying the correct diameter for the cu
for a non-driveway application, the culvert application would still be a s
application.
3. Complete the water and sewer GIS layer and make available to the public. The
internal utility verification process can be eliminated completely by allowing the public,
land owners, and engineers to access the data directly. However, in the inte, within
the current utility verification process:
i.Ensure that the drawing of the existing utilities is provided to as
part of the response to the applicant.
ii.If NaviLine is continued to be used to track utility verificatioave a
PDF of the utility drawing as an attachment to the NaviLine file so that all data
related to the request can be obtained in one location.
4. Until NaviLine is able to produce the information needed for the monthly reports, the
reports should be reconfigured to eliminate the time and effort needed to track
information manually. Currently, some data for the monthly and quarterly reports is
tracked manually because it is not accessible from NaviLine.
5.Establish and publish plan review time goals for the most common
This information will provide the customer with a reasonable expectation and esta
accountability for the staff.
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6.Allow simple plan sets to be reviewed quickly while more complex
reviewed in the background. To expedite simpler plan sets, establish and use a priority
process rather than a chronological (first come-first served) policy.
7.Establish a simplified fence permitting process. The current system is both time
consuming and expensive and is a source of consistent frustratioTo
expedite standard fence replacements in the same location, do no
formal surveys. Utilize standard details as a condition of appr
attachment of runners and pickets, etc.). If a fence is on a cone,
perhaps require consent from the neighbor to waive the site plan
further relaxation, the site plan requirement for new fences cou
location restrictions being issued as permit conditions.
8.Upon issuance of the certificate of occupancy, paper inspection files should be purged.
Maintaining the paper copies of plan review comments, permits, a
takes considerable staff time. The content of these files is ge
that has been or should have been entered into the NaviLine permit file.
9.Establish a consistent philosophy to utilize PUDs to simplify, rather than complicate,
development applications. Several people who were interviewed reported that the
current implementation of PUDs actually makes approval of a project more difficult,
rather than facilitating the unique situations they are intended
with the organizational culture initiatives previously discussed
PUDs to facilitate development, rather than as a mechanism to add additional
requirements, should be encouraged and enforced by management an
C.Site Plan Review Process
Findings
The site plan review process affects a wide variety of businessee first interaction an
applicant has with the City. As currently structured and administered, the prs confusion
for many applicants and creates a poor first impression.
Recommendations
1.Compile and agree upon staff review comments before meeting with the applicant.
2.Establish appropriate review protocol between the Planning and Fire Departments.
Evaluate need for fire marshal to be involved with site plan review; consider whether or
not one Fire Department representative can handle all fire-related review comments.
8 Planning Department Review Consulting
This will better define and possibly reduce the number of people involved in the review
process.
3.Develop and consistently use checklists for each reviewer. The contents of each
checklist should be unique to the items for which each reviewer is responsible and
approved by the Planning Director. Periodically update the checklists as new or
recurring issues arise. The checklists can be provided directly to the applicants in
advance to better inform them of the requirements. Further the completed checklists
can also be provided to the applicants to eliminate the time and effort required to
compile all comments into one review letter.
4.Ensure all reviewers are submitting comments electronically in a
(Word document or NaviLine) using the checklists described above; also consider
requiring reviewers to provide marked-up plan sets for return to the applicant.
5.Ensure review deadlines for each application are communicated an for all
reviewers (inside and outside of the Planning Department).
6.Establish review turn-around time goals for re-submittals.
7.Establish and enforce a policy that additional comments will not
resubmittals. Exception: when the applicant has made changes to the plans subsequent
to the prior submittal.
8.Research the ability of NaviLine to assign a project number usin
number (if NaviLine tracking of site plans is continued). Currently, s
can not be entered until an address is assigned. This sometimes results in a delay of
processing while the address verification process is completed.
9.Ensure NaviLine is sending automatic notices of new site plan ap
all reviewers (if NaviLine tracking of site plans is continued).
10.Establish and post annually a schedule of deadline dates for sub
comments, resubmittals, and the corresponding Planning and Zonin
meeting date on which action will be taken (if applicable).
11.Consolidated review comments that are sent to the applicant should be provided to all
reviewers. These consolidated comments will allow each reviewer to be aware of the
full context of comments that were made.
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12.Ensure NaviLine is placing a hold on release of building permits site plan is
approved.
13.Automate the generation of the final site plan approval letter s.
14.Replace the manual building permits release form currently bthe
Inspections Division with the automated letter described above.
15.Develop a screening questionnaire to help applicants better prep
this can be reviewed and provided at the pre-development meeting.
i.Communicate to applicants the need for an address request to acc
precede a site plan application.
ii.Communicate to applicants that the proposed electric meter locat
for determining a proper address.
iii.Communicate to applicants the need for a utility verification re
accompany or precede a site plan application.
16.Make available to applicants a sample of a good site plan application to use as a
reference in preparing their application.
17.Re-evaluate the site plan application form to ensure all requested
necessary; remove unnecessary or unused information to make submittal simpler for
the applicant.
D.Permitting Intake/Issuance
Findings
Customers perceive difficulty in timely receipt of consistent pl
permits. In some cases, customers also experience complicationsing access to status
information. Reducing redundant internal procedures will free up staff time for more meaningful
tasks and customer communications. Providing a process to stream
permits to trade contractors would address several customer concerns.
Recommendations
1.Investigate and implement the ability to allow permit applications to be completed
and submitted electronically with payments made on-line, over-the-phone by credit
card, or with an escrow fund. At a minimum, contractors should have the ability to pay
for and obtain simple trade permits on-line.
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2.Allow contractors to open escrow accounts against which permit fees ca
to eliminate the need for recurring checks and trips to city haltrade type
permits.
3.Ensure that building plan review turn-around time goals are established and enforced
for all staff members involved with plan review.
4.Establish and enforce a policy that additional comments will not be added on
resubmittals. Exception: when the applicant has made changes to the plans subsequent
to the prior submittal.
5.Redundant paper logs should be eliminated with the data being retrieved fr
NaviLine when needed. There are multiple paper logs used for tracking various permit
applications and the status of those applications. Examples inc
(tracks applications during plan review), over the counter log (tracks resubmi
other delivered documents), roof permits log, temporary and portable sign log,
clearing/fill dirt/storm water quality log, new code enforcement case log, and a follow
up code enforcement log. Periodically, the data on these logs are typed into a
spreadsheet for archiving, but the original paper logs are also Additionally,
there is a separate database maintained for water and sewer taps
Most of the information entered on the logs is also entered into NaviLine as part of the
process to set up the permit file in the system. If NaviLine isof appropriately
tracking the review steps, a separate database should be set up in place of the paper
logs, so that the tracking information can be easily entered, updated, queried, and
accessed from the network by all staff members. The database should be set up to track
the info needed for the various permit types, but only require t
for the particular permit type. The database should also be made available to the public
so that applicants can see the review status of their applications.
6.The Inspections Services Technicians should log Planning Division-related applications,
such as site plans and zone changes. A consistent logging process as described above
should be developed for all Planning Department applications to
differentiation between processes for each division.
7.Ensure the plan review comments from outside the Planning Department are
coordinated with the comments from within the department and returned to the
applicant simultaneously from a single source with the Planning
comments.
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8.Ensure all three front counter technicians have the same job descriptions and are
adequately cross-trained; each have areas of specialty, but workload should always be
balanced.
9.Ensure all three front counter technicians have access to the sa
notes files and all relevant NaviLine modules.
10.Plan review for clearing permits conducted by a Parks Department representative and
Engineering and Planning Divisions should be done simultaneously rather than
serially. A simultaneous review process will expedite the issuance of the permits.
11.Adopt one consistent suite of building codes. Currently, a mixture of the International
and Uniform Building Codes are utilized for different trade spec
customers perspective only one suite of codes should be adopted and utilized.
E.Code Enforcement
Findings
Some customers report difficulty in ascertaining the status of service requests. Inefficient internal
processes affect the timeliness of data being available and add a redundant burden to the
Inspection Services Technicians. From a broader perspective, there are differing opinions as to the
preferred focus of code enforcement efforts an even distribution, or a focus on hot spots or repeat
offenders.
Recommendations
1.Implement a method to allow the inspection notes/results to be transferred
electronically to NaviLine. Currently the notes are taken in the iPad, printed, and then
input into NaviLine by the Inspection Services Technicians.
2.Develop the GIS so that the status of code enforcement cases can be displayed
graphically and accessed directly by the public. This will aid citizens in being able to
quickly ascertain the status of a complaint they called in or to
in their neighborhood. Additionally, the graphical representation will assist staff in
identifying recurring problem trends as an aid to targeted enfor
3.Conduct quarterly forums with citizens and homeowners groups. These forums can be
utilized to identify hot spots in the community that may need special a
code enforcement and provide a system for follow up.
12 Planning Department Review Consulting
F.Inspections
Findings
There are opportunities to improve the customers experiences asd
consistency. Many customer suggestions centered on interactivity improvements such topics as the
ability to submit permit applications, request inspections, or v-line.
Customers also requested improvements to consistency in the interpretations made by different
inspectors. Internally, there are several paper-based tracking processes that are redundant to
electronic processes.
Recommendations
1.Assign inspectors by project rather than geographically. This system will allow the
customer to have a consistent representative throughout the construction process;
other inspectors are still available to cover vacations or for c
2.Provide an opportunity for the assigned inspector to be involvedl
plan review before final approval. This system will reduce the occurrence of the field
inspectors enforcing codes differently than the plan reviewer.
3.Allow trade permits to be finalized as the work is completed pri
certificate of occupancy. Several customers commented that the current process does
not allow them to receive trade finals until the final certifica
building is approved. This practice causes delays in subcontrac
out their contracts and receive final payment.
4.The inspectors should use their iPads to document field inspecti
for direct transfer to the NaviLine system. The current process requires the inspectors
to hand-write notes and inspection results in the field. The results are then entered by
the Inspection Services Technicians into the NaviLine system. T
a method to electronically link the iPad with NaviLine needs to
change would free up office staff time and allow inspection results to be posted much
more quickly, while not adding additional work for the inspector
5.Implement an on-line inspection request system that could interface directly wit
NaviLine to save considerable staff time. The process of pulling inspection requests
from the answering machine, transcribing the information onto w
entering data into NaviLine is time-consuming. The current process of attaching the
white ticket to the inspection folder and then re-stapling it into the ticket book is
13 Planning Department Review Consulting
redundant and should be eliminated as all of the needed information should be
transferred to the NaviLine file.
6.Interface the NaviLine system with the website so that inspectio
viewed on-line by the contractor or owner.
G.Miscellaneous
Findings
During the course of the review, the consulting team noted sever, which are
addressed in the following recommendations.
Recommendations
1.Re-evaluate the need for extended office hours; shift technicians to a standard 8-5
shift with a rotation for one technician to arrive early to pull
requests.
2.Executed utility reimbursement agreements should be added as an attachment to the
relevant water and/or sewer line database file in GIS. This will facilitate tracking, help
to ensure proper payments are required of new development, and i
cost has been reimbursed to the initial developer.
3.Establish streamlined street and alley abandonment procedures available under state
law; establish a prioritized schedule for systematically abandoning-of-
way, rather than inefficiently responding to ad hoc requests.
4.The duties formerly assigned to eliminated Planning Division personnel shou
assigned to specific employees to ensure clear lines of accountability. With the recent
reduction of Planning Division personnel, duties of prior employ
between the planner and the office coordinator, but specific res
varies on case by case basis.
5.Zoning notification letters and mailing labels should be generat
notification list by a mail merge function rather than manually.
6.The NaviLine system should be programmed to automatically print
tap work orders to avoid the delays and manual steps inherent in the current method
Currently, when a work order request for a new water or sewer tap is generat
Inspections Services Technician, the utility superintendent does not receive an
automatic notification. The superintendent has to periodically check the system to see
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if there are new work order requests. Additionally, the superin
several administrative steps in order for NaviLine to print the
7.The Survey Party Chief job description should be updated. The job description does
not match the current duties of the position.
8.GIS Division:
i.The non-GIS tasks assigned to the GIS Manager should be shifted to other staff
members so that the GIS manager can appropriately focus on development of
the GIS and management of GIS-related personnel. If the efficiency and
automation recommendations related to the Inspections Services Technicians
are implemented, those individuals should be freed up to assist
productive work.
ii.Provide additional GIS and Laserfiche licenses and training to relevant
Inspections Division staff members to allow staff to obtain information more
directly without having to involve the GIS Manager.
iii.Properly fund and execute the GIS development program to facilitate data
availability for customers. A more functional GIS will improve the publics ability
to get the information they need to prepare better plan submitta
up staff time currently occupied with manually obtaining that da
customers.
Organizational Culture Recommendations
This engagement has identified many process issues within the Pl
that making the changes that have been identified in the first p
immediate results. It is also believed that to ensure a more complete and more meaningful change
in the organization, more than just process should be addressed.
Departments organizational culture were identified. These findings and recommendations are
addressed below. It is also believed there is a need to better align the organizational culture o
Planning Department with the philosophy of the City Council. Wor
the Council can place the City on a better tract toward the same both with
these organizational and process changes, but the success of the
H.Mission & Goals
Findings
There is an opportunity to enhance the department employees understanding and buy-in for the
mission and goals of the City and Council and management for the department. Developing
15 Planning Department Review Consulting
improved processes and procedures will not have full effect unle
department is addressed and aligned with the Citys overall goal
Recommendations
1.Discern a consensus between City Council and management regarding the desired
customer service philosophy for the Planning Department.
i.The City Council and staff should work together to discuss and d
economic development philosophy of the City. The result of this
should provide staff with better guidance on what development projec
are/are not acceptable in the community. This gives better guida
when approached for zoning changes and other development conside
ii.The City Manager, Planning Director, and City Council should discuss and
establish an understanding regarding the degree to which City Co
staff to interpret codes in favor of customer perspectives and e
projects. This discussion should give definition to providing sense
answers to customers without being too technical, or too liberal
interpretations. The result of this discussion should encourage
better judgment calls with the security to know they will be sup
City Council.
iii.City Council should establish for themselves guidelines for approp
responses to citizen complaints/concerns.
iv.The City Manager and City Council should discuss and agree upon
appropriate channel and method for communicating complaints/conc
including whether or not City Council should coordinate through
Manager or directly with department employees. These protocols s
the feeling by staff they are in a constant state of defense, av
gotcha syndrome some feel is present.
v.The City Manager, Planning Director and City Council should disc
to an understanding regarding the preparation, presentation and
amendments to the various codes and ordinances (staff has been t
previous councils it is not their job to bring proposed amendments). This should
assist the staff in knowing when and how to present needed amend
meet changes in state law, changes in process and changes in loc
to enhance customer service.
vi.Staff should develop meaningful communication opportunities regarding the
successes and challenges within the department to enhance City C
that staff is timely and sensibly responding to City Council and
inquiries.
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2.Develop an updated mission statement, guiding principals, and goals for the Planning
Department and each Division.
3.Encourage a departmental culture of problem solving, assisting a
solutions and overcoming impediments, rather than focusing on mi
Increase the staffs understanding of the customers schedule an
time is money is a true adage. Inculcate an attitude of colla
customers, instead of power and control, to overcome the god syported by
some customers.
i.Conduct periodic all-employee meetings to reinforce departmental
philosophies-mission, guiding principals and goals.
ii.Conduct periodic employee organizational development exercises t
existing internal trust and communication barriers.
iii.Use a more structured new employee orientation and training/ment
system to ensure new employees adopt and express the desired cus
service philosophies.
4.Establish and enforce a culture of mutual respect between the City Council, Planning
Commission, staff, and customers.
i.Conduct facilitated sessions between the City Council to determine the Councils
collective leadership philosophy regarding economic development
City.
ii.Conduct facilitated sessions between the City Council, Planning & Zoning
Commission and staff to deliver that philosophy as well as align
Commission and staff need to take within their respective authorities.
iii.Meet periodically with customers to ensure that philosophy is bo
and is in line with community needs.
iv.Conduct regular follow up sessions with Council, Commission and
long-term alignment.
5.Establish an understanding that staff will be supported by City
management when making judgment calls consistent with the agreed upon common
sense parameters. As stated earlier, frank discussions between City Council and st
should allow for the development of common understandings of how
can be in interpreting code issues, and better define common sense answers to issues
that do not overstep authority of the staff or provide the basis
decision making.
6.Establish Planning Commission bylaws and rules of procedure incl
i.Conflict of interest, participation, abstentions, and voting.
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ii.Differentiate member roles for zoning, site plan, platting, and
functions of the Commission.
iii.Define and enforce appropriate protocol and decorum expectations
iv.Ensure Commission members are availed of training and education
opportunities.
v.Establishing a schedule and process for periodic review of codes
directly related to the work of the Planning Commission.
I.Departmental Cohesiveness
Findings
There is an internal tension between the divisions of the department that may cause
communication errors and process difficulties. A lack of cohesi
not functioning as efficiently as possible and customers experie
Recommendations
1.Change the name of the department to Planning and Development or
Development Services , or similar to better reflect the overall
responsibilities of the department. A divide between the Inspections and
Planning/Engineering Divisions has been identified. One possible cause for the divide is
the name of the department does not represent all aspects of the
a Planning Division, which has only one member, within the Plann
There is an Engineering Division that is not identified at all within the department. The
name of the department implies that planning is its primary func
diminish the perceived importance of the other divisions within
different name for the department would be more inclusive of all departmental
functions and could serve as a first step in reducing internal t
2.Establish one staff member, with a department-wide focus, responsible for
shepherding applications through all phases from inception to fi This
person should be charged with communicating all steps and prereq
particular project at the pre-development meeting. This person should be empowered
with the authority to make judgments (common sense decisions), to reconcile conflicting
inter-division requirements and to facilitate timely and successful co
projects.
Currently, applicants with complex projects must interact serial
divisions and multiple contact persons. This system allows staffbers to be more
concerned with their individual processes/permits rather than on-wide
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focus of achieving an overall successful and timely project for
dividing the department. From the applicants perspective, thern internal, rules-
based focus as opposed to an external project-completion focus.
3.Establish clear lines of responsibility/accountability for the various permitting
processes. Define an approver and reviewer(s) for each major process.
and enforce accountability for each employees role. Enforcing ac
reduce the need for other employees to fill gaps. When employe
created by others, resentment between employees is generated; pr
customers experience conflicting guidance, confusion, and frustrati
4.Develop a review and comment system that will resolve all issues
with the customer. Recognize that individuals involved with inspections, code
enforcement, and engineering generally tend to be more left-brained and logically-
oriented, and individuals involved with planning-related fields generally tend to be more
right-brained and creative-oriented. When employees interact with other members
of the department, recognizing these different perspectives will facilitate
communication and problem-solving. Resolving differences in perspective internally
before presenting the departments official interpretations to t
expedite the process and enhance the quality of service to the customer.
J.Trust
Findings
There is a lack of trust between some members of the department resulting in staff member
overcompensating for the deficiencies they perceive. This situaevident to customers,
creating confusion and uncertainty as to the correct staff direc
efficient as they could be due to the gaps and overlaps caused b-hoc modifications made in
response to these patterns.
Recommendations
1.Establish a culture of greater trust and open communication amon
of the department.
i.One outward sign of a lack of trust within the department are th
one division needing a sign-off from another division before a process can
proceed. These situations appear to be based more on self-protection than on
actual documented procedural requirements.
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ii.Organizational development exercises to identify gaps in trust w
action on closing those gaps should have the effect of extending better service
to the customers.
2.Establish a culture of greater trust and open communication betw
City Council. Earlier recommendations spoke to City Council and staff working
to determine their working relationship for customer complaints, code revisions, and
overall economic development philosophy. Resolution of these iss
discussion and clear directives also allows for open communicati
trust between the groups.
3.Revise the monthly and quarterly report format to emphasize communication o
successes, problems, and obstacles in lieu of purely statistical The statistical
portions of the reports should be augmented to provide more cont
month versus same month previous year; or year-to-date versus same date previous
year. This format provides more meaningful benchmark type inform
management and City Council and helps measure progress and/or pr
on gaps that need to be closed.
K.Code Recommendations
Findings
The zoning code and development ordinance were reviewed in lighteinforce
improvements recommended under the themes identified during the This
review was focused on items that may be an impediment to efficie
the ease of use from the customers perspective. This review waintended to be the exhaustive
review that should be conducted to ensure the codes are consistent with the recently adopted
update of the comprehensive plan.
Recommendations
1.Zoning Code Recommendations:
i.106-62. Planning & Zoning Commission Membership and Structure
The current Commission size and appointment method is atypical. ntment
of members by district may promulgate any district tensions that
the Council level and may be an impediment to a city-wide planning
perspective. The Commission should be a more typical seven memb
only condition that they are qualified voters of the City and appointments made
by a majority vote of the entire City Council. The Commission s
own chairperson and other officers. The City Council should con
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advertising vacancies on the Board as broadly as possible, requiring an
application form, and conducting interviews of applicants before appointment.
Additionally, the City Council and Planning Commission should conduct at least
annually a joint, facilitated workshop to ensure the two bodies maintain
shared vision and common goals.
ii.106-64 (10) Bylaws and Rules of Procedure
This section permits the Commission to establish bylaws and rule
The staff should prepare drafts of such documents for review and
by the Commission.
iii.106-65 Review of Chapter
This section requires an annual review by the Commission of the
development ordinances. The staff should establish an annual sc
lead the effort to present proposed revisions to the Commission.
iv.106-87 Board of Adjustment Rules
If not already in place, the staff should prepare rules of proce
and consideration by the Board.
v.106-333 Table B, Residential Area Requirements, footnote 12
It is unclear to which building setback (front, rear, side) anwhich land use
type this opaque screening requirement applies.
vi.106-333 Table B, Residential Area Requirements, footnote 14
This footnote requires an additional 25-foot buffer between multi-family and
single-family developments. It is unclear if this buffer is intended to be
landscaping only or if parking, for example, is allowed within t
vii.106-334 Special Use Performance Standards; Residential
Generally: There are a variety of special conditions in this se
back to other underlying zoning districts. These conditions should be cross-
referenced back to the underlying districts, so that the reader
these requirements.
viii.106-334 Special Use Performance Standards; Residential; Subsection (a)
Subsection (a) of this section requires landscape buffers, but it is unclear as to
when or where this buffer requirement applies.
ix.106-441 Table A, Commercial Uses
This table uses SIC codes to delineate uses. Staff should devel an alternate
table using NAICS codes for consideration.
x.106-444 Special Use Performance Standards; Commercial; Subsection (a
Subsection (a.1) of this section requires planting strips, but it is unclear as to
when or where this requirement applies.
xi.106-444 Special Use Performance Standards; Commercial; Subsection (a.3)
This subsection requires certain parking lots to be screened; if
is intended to apply to the front of such parking lots, the requ-foot
height is excessive. This subsection also requires manufactured
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and subdivisions to be screened from abutting uses, but it is unclear if the
screening requirement is the responsibility of the commercial ow
manufactured housing/subdivision owner. Additionally, for large
lots that are only partially developed, this screening requirement should only
apply if the site is developed in proximity to the abutting use.
xii.106-441 Table A, Industrial Uses
This table uses SIC codes to delineate uses. Staff should devel
table using NICS codes for consideration.
xiii.106-637 Procedures for establishing a PUD; Subsection (c)
The individual items on the list of 12 submittal requirements should
if the specific item is not applicable to the scope or context o
xiv.106-637 Procedures for establishing a PUD; Subsection (h)
The code should be modified to allow certain development authori
issued prior to final approval of the PUD and all related genera
This will facilitate construction phasing on large or complex projects. Examples
of early permits that should be allowed include clearing and gra
and utilities, provided that the corresponding subset of the pla
approved prior to commencement of construction.
xv.106-659 PUD Special Regulations and Procedures; Subsection (b.3)
The requirement that a sufficient amount of useable open space is provided is
ambiguous and should be quantified. Developers generally prefer
regulation so they do not have to guess and negotiate the requirement.
xvi.106-678 PUD Building Height
The maximum building height limitation should be removed to prov
additional flexibility. Surrounding residential properties are
the setback requirements of Section 106-696(c.2).
xvii.Article V: Supplementary District Regulations
Generally: There are a variety of special conditions in this Article that relate
back to various underlying zoning districts. These conditions should be cross-
referenced back to the underlying districts, so that the reader can be aware of
these requirements.
xviii.106-801 Tree Preservation
Various terms should be defined, such as native tree , protect
replacement tree . Subsection (b) prohibits the destruction of
greater than six-inch diameter; however, Section 106-802 allows removal of a
protected tree as part of a building permit if the tree is repla
replacement trees. There is a conflict in this language as it appears all tree
removal is prohibited, but also allowed under certain conditions.
xix.106-835 Design Standards
This section including all related figures should be consolidate
Improvements Criteria Manual or a new Private Improvements Crite
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as applicable. These moves will consolidate technical criteria, allow easier
updating as warranted by new conditions or technology, and give
greater flexibility in granting common sense exceptions when n
expedite a project.
2.Development Ordinance recommendations:
i.General Comments:
1.The Development Ordinance should be codified to eliminate the need
for customers and staff to cross-reference multiple ordinance revisions
to determine the full code requirements.
2.Submittal copies: References to submittal or distribution of a specific
number of copies of various documents (general plans, plats, etc.)
should be removed from the ordinance and established by separate
policy so that staff can readily update the requirements based o
latest needs.
3.Submittal dates: References to specific submittal deadlines should be
removed from the ordinance and established by separate policy so
staff can readily update the requirements based on the latest ne
Additionally, as previously discussed, submittal and re-submittal
deadlines and review time goals should be established and published by
staff. References to statutory Planning Commission action deadlines
should remain in the ordinance.
4.Appendices: Staff should have the authority to update the appen
(technical specifications and procedures) as new conditions warrant.
This can be accomplished by adding a section to the ordinance
authorizing staff to update the appendices or by removing the
appendices from the ordinance and placing them in the criteria m
Regardless of which method is chosen, any staff changes to the
appendices should only be effective after an appropriate notice
waiting period, say 30 days, after posting the proposed change o
website.
5.Update the references to Director of Community Development , wh
is an outdated title. Use City Manager or designee to make the
reference more generic and flexible.
6.Do not put building setback lines on plats inside the city limits; rely on
zoning ordinance to establish setbacks to avoid potential confli
ii.4.00 Sketch Plans
The submittal of sketch plans is optional so it should be remove
Additionally, the intent of the sketch plan review process will
more fully if the pre-development meeting recommendations are implemented.
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iii.4.01 (D) Official General Plan
The code states that an approved general plan expires after one
has not been filed and upon written notice to the subdivider. T
creates a gray area if the city fails to send the written noticeal plan
should simply expire after one year without notice. Further, th
the subdivider to request a one-year extension, but does not stipulate if the
extension is automatically approved or if the Commission needs t
approve the request.
iv.4.03 (C) Preliminary Plats: Effect of Approving Authority Action
The code states that an approved preliminary plat expires after one year if a
final plat has not been filed and upon written notice to the subdivide
potentially creates a gray area if the city fails to send the written notice. The
preliminary plat should simply expire after one year without notice. Further,
this section allows the subdivider to request a one-year extension, but does not
stipulate if the extension is automatically approved or if the Commission needs
to act to approve the request.
v.4.04 (D) Final Plats: Recordation and Construction of Public Improvements
The code states that an approved final plat expires after one year if a
construction of the public improvements has not commenced and upon written
notice to the subdivider. This potentially creates a gray area
send the written notice. The final plat approval should simply expire after one
year without notice. Further, this section allows the subdivider to request a
one-year extension, but does not stipulate if the extension is autom
approved or if the Commission needs to act to approve the reques
Additionally, an alternative should be provided to allow the subdivider to submit
a performance bond for completion of the public improvements if they
record the plat before the public improvements are completed.
vi.5.01 General Street Standards
Table 5-2 (Street Geometric Design Standards) should be moved to the Pub
Improvement Criteria Manual.
vii.5.01 (J) Alleys
The City should consider the practice of continuing to allow new alleys to be
platted. Based on the prior complications and cost of maintaini
provision of alleys, at a minimum, should be at the discretion o
than the developer.
viii.5.04 Building Lines
The building line requirements in this section should be consolidated into the
Zoning Ordinance to avoid conflicts and the need to cross-reference multiple
locations to find the same information. Setbacks applicable to the ETJ should be
specifically specified.
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ix.10.00 Fees and Charges
The fee schedule should be pulled from this ordinance and combin
city fees in a consolidated fee ordinance that can be readily re
annual basis or as needed.
x.12.00 Open Space and Park Dedication
State laws regarding park dedication requirements have been updated
subsequent to 1985 when the Development Ordinance was adopted.
section should be reviewed for conformance with current law. Ad
fee in lieu of dedication should be removed from this section an
with other fees for easier updating as needed.
3.Other Code Recommendations:
i.Industrial District water and sewer agreements are calculated ba
of employees Need an alternate method because the number of employees is
often not known at the time the agreements are prepared, particularly in the
case of companies starting new operations within the City.
ii.Comprehensive Plan sidewalk requirements: Develop a specific list of streets to
which the sidewalk requirements apply and corresponding sidewalkiteria;
place these requirements in the Development Ordinance.
iii.Resolve questions about whether or not fill dirt permits should
projects involving fewer than five loads.
iv.Establishing minimum finished floor elevations for infill development in the
floodplain could be accomplished with a pier and beam requirement rather than
by utilizing dirt fill to minimize the perception of run-off impacts on neighboring
properties.
v.Several focus group members suggested the removal of the requirement for
gates on dumpster enclosures as being impractical ineffective.
vi.Staff has compiled a list of proposed ordinance updates based on
experiences. This list should be presented to the Commission fo
recommendation to City Council.
III. Conclusion
The consulting team believes implementation of these recommendat
goals of improving the customer service responsiveness, efficieneffectiveness. We appreciate
this opportunity to be of service to the City and we are available for questions or additional
engagements to assist with the implementation phase.
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