HomeMy WebLinkAbout09-19-13 Regular Meeting, Public Hearing and Workshop 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
September19, 20136:00 P.M
Planning and Zoning Commission to be held on , at . at City Hall Council
Chambers, 604 WestFairmont 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 July18, 2013, meeting minutes.
Public Hearing
4.Open to receive public input on Rezone Request#13-92000002,which has
beenrequested for 17.3705 acres of land situated in the Richard Pearsall Survey, Abstract 625,
La Porte, Harris County, Texas.Kenneth Schick, authorized agent for the trustee, seeks to have
the property rezoned from General Commercial (GC) to Low Density Residential (R-1) for a
proposed single-family residential subdivision at Sens Road and Spencer Highway.
A.StaffPresentation
B.Proponents
C.Opponents
D.Proponents Rebuttal
5.Close Public Hearing
6.Consider recommendation to City Council regarding Rezone Request #13-92000002for
change from General Commercial(GC)to LowDensity Residential (R-1) for 17.3705acre tract of
landlocated along Sens Road and Spencer Highway.
Workshop
7.Open to discuss:
A.Discuss Truck Routes
B.Reviewthe Planning & Zoning Commission public hearing agenda format.
C.Review process of non-conforming development via zoning permits.
8.Administrative Reports
Status update of Zoning Ordinance (Chapter 106) Review
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 September19, 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: ______________________________
____________________________________________________
Minutes of the Meeting
Planning and Zoning Commission
Minutes of July 18, 2013
Commissioners Present: Richard Warren, Phillip Hoot, Helen LaCour, Danny Earp, Mark Follis,
and Hal Lawler
Commissioners Absent: Doretta Finch, Lou Ann Martin, and Les Bird
City Staff Present: 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 6:02 p.m.
Roll Call of Members.
2.
Commissioners Warren, Hoot, LaCour, Earp, Follis, and Lawler were present for roll call.
Consider approval of June 20, 2013, meeting minutes.
3.
Motion by Commissioner Hoot to approve the June 20, 2013, meeting minutes. Second by
Commissioner Follis. Motion carried.
Ayes: Commissioners Warren, Hoot, LaCour, Earp, Follis, and Lawler
Nays: None
Open Public Hearing to receive public input on Rezone Request #13-92000001, which has been
4.
requested for 12.2544 acres of land being a portion of a 17.7717 acre tract of land located
along Canada Road, further described as TRS 692C, 693B, 706 and 707, La Porte Outlots as
recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones
Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have the property
rezoned from General Commercial (GC) to High Density Residential (R-3) for proposed
Mariposa Apartment Homes at Pecan Park.
Chairman Lawler opened the public hearing at 6:05 p.m.
A. Staff Presentation
City Planner Masood Malik presented the staff report. The applicant has requested
12.2544 acres along Canada Rd. be rezoned from General Commercial to High Density
Residential for the purpose of developing 180 apartment homes to be known as
Mariposa Apartment Homes at Pecan Park.
Public hearing notices were mailed to 21 property owners located within 200’ of the
subject site. The City received two responses in favor of the rezone.
Staff recommended approval of the zone change request with a stipulation that the
developer provide written confirmation of a tax credit award for the project from the
Texas Department of Housing and Community Affairs.
Planning and Zoning Commission
Minutes of July 18, 2013
Page 2 of 3
B. Proponents
rd
Casey Bump, 800 W. 3, Austin, Texas, representing Bonner Carrington, addressed the
Commission. Mr. Bump briefly described the project and provided Commissioners a
handout with photos of properties developed by Bonner Carrington similar to the
development being proposed. On July 25, the Texas Department of Housing and
Community Affairs is expected to announce official confirmation of a housing tax credit
award for the proposed development. A condition of the award requires submittal of
proof of zoning.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no rebuttals.
Close Public Hearing
5.
Chairman Lawler closed the public hearing at 6:19 p.m.
Consider recommendation to City Council regarding Rezone Request #13-92000001 for change
6.
from General Commercial (GC) to High Density Residential (R-3) for 12.2544 acres of land
located along Canada Road.
Motion by Commissioner Follis to recommend to City Council, approval of Rezone Request #13-
92000001 rezoning 12.2544 acres of land located along Canada Road from General Commercial
(GC) to High Density Residential (R-3). Second by Commissioner Hoot. Motion carried.
Ayes: Commissioners Warren, Hoot, LaCour, Earp, and Follis
Nays: Commissioner Lawler
Open Workshop to discuss:
7.
Chairman Lawler opened the workshop at 6:19 p.m.
A. Amendments to the ordinances pertaining to Domestic Livestock to be allowed on
commercially zoned properties.
City Planner Masood Malik presented the staff report. A list of suggested minimum
requirements was presented if, at the conclusion of discussions, the Commission
favored allowing domestic livestock on commercially zoned properties.
There was an instance brought up where domestic livestock was known to have been on
a specific general commercial tract for many years. In this case, the Commission
determined the use was allowed because it had been grandfathered.
Planning and Zoning Commission
Minutes of July 18, 2013
Page 3 of 3
By Consensus, the Commission agreed domestic livestock should be restricted to the
Large Lot District.
th
B. Additional Truck Routes along S. 16 Street
In response to a request previously received, discussion on this item was postponed to
the next meeting.
Administrative Reports
8.
There were no Administrative Reports.
Commission Comments on matters appearing on agenda or inquiry of staff regarding specific
9.
factual information or existing policy.
Commissioner Warren thanked the group for their work and welcomed back Commissioner LaCour.
Commissioner LaCour stated she was glad to be back.
Commissioner Follis reported the subcommittee is continuing work on converting the SIC codes to
NAICS.
Adjourn
10.
Motion by Commissioner Warrento adjourn. Second by Commissioner LaCour. Motion carried.
Ayes: Commissioners Warren, Hoot, LaCour, Earp, Follis, and Lawler
Nays: None
Chairman Lawler adjourned the meeting at 6:44 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Planning and Zoning Commission
Passed and Approved on __________________ ______, 2013.
Hal Lawler
Chairman, Planning and Zoning Commission
Zone Change Request
#13-92000002
Exhibits
Staff Report
A.Aerial Map
B.Preliminary Site Plan
C.Public Notice Response
Staff ReportSeptember19, 2013
Zone Change Request
#13-92000002
Requested by
:Ken Schickon behalf of LawrenceB.Chapman, Trustee
Requested for
:Proposed Single-Family Residential Subdivision (Beazer Homes-Builder)
Legal Description:
17.3705acres of land situated in the Richard Pearsall Survey, Abstract No.
625, La Porte, Harris County, Texas, and being all of lots 56 7 57 and
portions of Lots 58, 59, 60, 63, 64 & 65 of the La Porte Outlots as recorded
under Volume 59, Page 313 of the Harris County Deed records, and being
out of a called 6.6322 acre tract conveyed to Lawrence B. Chapman, trustee
as recorded under Harris County Clerk’s File No. H205928, and out of a
called 25.8292 acre tract conveyed to Lawrence B. Chapman, Trustee as
recorded under H.C.C.F. No.G933350 and previously apportioned and
occupied area of the north-south excess in the Block between North D Street
and Spencer Highway.
Location
:Sens Road @ Spencer Highway
Present Zoning:
General Commercial (GC)
Requested Zoning:
Low Density Residential (R-1)
Surrounding Zoning:
North –Large LotResidential(LL)& General Commercial (GC)
South –General Commercial(GC)
East –General Commercial(GC)
West –LowDensity Residential (R-1)
Background
:Approximately 33acres of undeveloped land is located at the northwest
corner of Spencer Highway and Sens Roadnear the intersection with Bay
Area Blvd.Theadjoining property to the west is Spencer Landing
Subdivision. Several years ago, the subject property was rezoned from
Large Lot (LL) and High Density Residential (R-3) to General Commercial
(GC)for future commercial activities.
Previous rezoning was requested following the recommendations &
conclusionsof a retail study conducted in 2006.Buxton has selected Site #2
(Bay Area Blvd. & Spencer Highway) as having retail trade potential.
#13-92000002
P&Z 09/19/13
Page 2of 4
The 33 acrespropertyhasapproximately 1600feet of frontage along
Spencer Highwayand 900 feet along Sens Road.The property in question is
also in the vicinity of single-family residentialsubdivision, LaPorte
Independent School District’s undeveloped property along Sens Road,Credit
Unions,City of La Porte’s Public WorksDepartment,Police Department
and the La Porte Municipal Court.
With theextension of Bay Area Boulevard from Fairmont Parkway to
Spencer Highway,improvement to the intersection of Spencer Highway and
Sens Road has beencompleted. Currently, Harris County is undertaking the
project of Sens Road widening from Spencer Highway to North ‘P’ Street
connecting with State Highway 225.Both, Spencer Highway and Bay Area
Boulevard are classified as primary arterial roadways.
As, the housing market is turning around and housing demand is up, the
applicant seeksto rezone17.3705 acresofthispropertyfrom General
Commercial (GC) to Low Density Residential (R-1) for proposed
development of single-family residentialsubdivision. A designated builder
for this subdivision is Beazer Homes.
Analysis
:In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and
Economic Development. The specific issues considered are as follows:
Land Use
--Review of the City’s future Land Use Plan shows the subject
tract developing as commercial, however,single-family residential uses are
shownand exist nearthe intersection of Spencer Highwayand Bay Area
Boulevard (Sens Road).
The proposed amendment will reconfigure the future land uses in
preparation to develop only the rear portion of the propertyas residential.
The current configuration of the land does not lend itself to logical
development of the property due to current parcel configurationand depth.
The proposed amendment will not change the relationship to the public
health, safety, welfare or protection of the environment. However, the
following aspects shouldbe considered for a rezone request:
Ability of infrastructure to support the permitted use
Impact on the value and practicality of the surrounding land uses
Conformance of a zoningrequest with the land use plan
Character of the surrounding and adjacent areas
Suitability of the property for the uses which would be permissible,
considering density, access and circulation, and adequacy of public
facilities and services
#13-92000002
P&Z 09/19/13
Page 3of 4
The extent to which the proposed use designation would adversely affect
the capacity or safety of that portion of the road
The extent to which the proposed use designation would create excessive
air pollution, water pollution, noise pollution, or other environmental
harm to adjacent properties
The gain, if any, to the public health, safety, andwelfare of the City.
The proposed amendment will leave adequatecommercial land for this area.
Currently, there are commercial designated lands to the north and east of the
subject site along Sens Road and south side of Spencer Highway. This
proposal will setaside approximately16 acres of commercial land along the
north of Spencer Highway to serve future commercial activitiesto support
residential development in the area.
Transportation
–The tractsin question will have access toSens Road,
whichis currentlya minorarterial with two lanes. The60’ right-of-wayhas
beenwidened to 100’ right-of-way, however, pavement widening has not
yet occurred. The ultimate paving section will consist of four lanes and will
accommodate the additional traffic generated by this development.
Controlled access management techniques,possibility of turn lanes, posting
of signs to avoid any traffic conflicts, and split median at the only entrance
along Sens Road are suggested for emergency vehicular access and clear
identification of ingress/egress off this subdivision.
Sens Road is a Harris County maintained roadway, aTraffic Impact
Analysisstudy wouldbe requiredby Harris Countyfor proposed
developmentneartheintersectionof Sens Road and Spencer Highway.
Sens Road widening will have animpact on the future developmentsand
flow of traffic at this intersection.
Utilities
–Water facilities are available to the property. A 12” water main is
located to the east side in the right-of-way of Sens Road. A 36”sanitary
sewer trunk main is located along the west side of Sens Road.In addition,
the developer must provide any structures orimprovements necessary to
serve future development. Storm water drainage will be reviewed with the
plat submittal for proposed development. Detention shall be required to
minimize the drainage impact on the surrounding properties. Staff
recommends on-sitesubregional detention for the proposed developmentof
the entire 33 acres.
Economic Development
-One of the aspectsof the Comprehensive Plan is
to encourage new and sustained developmentsin the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging
in-fill development within existing infrastructure service areasand large
parcels of undeveloped properties.
#13-92000002
P&Z 09/19/13
Page 4of 4
The land allocated for commercial zones exceeds the demand for
commercial development. Therefore, a partial reallocation appears to be
responsive to demand and is an appropriate strategy to encourage future
economic development.
Spencer Landing Subdivision Homeowners Association
–Written
commentshave been receivedfrom ahomeowner in the subdivision in
addition to a responsefrom the La Porte Independent School Districtand the
Beacon Federal Credit unionprior to the publishing of this staff report. A
property posting sign notifying the public of a public hearing on this request
was posted on the site on September 03, 2013. Mailout within 200’ of the
subject property includes 35 homeowners/residents of this subdivision. In
addition, a courtesy letter from the Councilmember for this district wasalso
sent to the homeowners in this regard.
Conclusion /
Recommendation
:
Based on the above analysis, staff finds the requested change conforms to
the abuttingzoning and is suitable for the requested change to Low-Density
Residential, allowing single-family residentialdevelopmentat this particular
location.In addition, the proposedchange does not have a probable
significant impact on the environment. Development within the subject tract
should not negatively impact the surrounding properties norharm the value
of nearby properties.
Future development of the site may impact traffic and parks in the area. At
the time of development, additional review will be required to evaluate the
associated impacts.Traffic regulation signs, split median for ingress/egress,
and parkland fee are applicable for this proposed development.
Actions available to the Commission are listed below:
Recommend to Council approval of this rezoning request, from
General Commercial (GC) to LowDensity Residential (R-1)
Recommend to Council denial of this rezoning request from General
Commercial (GC) to LowDensity Residential (R-1).
Table this item for further consideration by the Commission.
AREA MAP
(Rezone Request #13-925000002)
VALRY
CA
8
1 inch = 400 feet
R-1
6"
BI
N D ST
12
15
8
8
8
8"
LLD
LOCATION OF PROPERTY
FOR PROPOSED REZONE
LI
FROM GC TO R-1
15
R-1
GC
SPENCER HWY
16"
PUD
PREPARED BY CLP GIS
Truck Routes
(Discussion Item)
Exhibits
A.Staff Report
B.Applicant’s Request
C.Official Truck Routes Map
APPLICANT’SPRESENTATION
(NOT RECEIVEDTODATE)
19, 2013
Staff Report September
Additional Truck Routes
Background:
At the June20, 2013meeting, the Commission held a workshop to review the City’s official truck routemap
th
and discussedpossible addition of new truck routes nearSouth 16Street north of Fairmont Parkway.
Later, the Commission directed staff to prepare arecommendation withinthe followingoptions(alternatives):
To remove the requirement from trucking terminal section of the ordinances, which restrictlocation of
trucking terminal directly adjacent to an authorized truck routes.
th
To designate portions of West ‘F’ and South 14Streetsas additional truck routes.
Nochangeto the existing provisions of the ordinances.
Pros & Cons of the above three Alternatives are listed in the table below:
Action (Alternatives)ProsCons
Amendment to the Ordinances
Allow additional Expect more truck terminals
(Allowing Truck Terminals
developments in LI zoning
Traffic Congestion
anywhere in LI & HI zoning
districts
Additional maintenance of secondary roadways
districts)
Economic activity
Shortage of viable LI zoned properties for non-
enhanced in short term
truck terminal development
Better coordination
Loss of long term tax revenues otherwise
between access and land
expected
uses is accomplished
General impression as trucking town
Amendment to Truck Routes
Help individual property Additional short section of roads as truck route
(Map Change only)
owners to develop the
Cut through traffic in the Commercial District
property for own benefits
Need for stronger streets, maintenance and
surface type at this location
Disrupt efficiency of major arteries and other
thoroughfares
Disintegrate the non-thoroughfare network with
the regional transportation system
Impression as trucking town
No Changes to the Current
Compliance with the Loss of truck terminal activity
Ordinance
community’s wishes
(Maintaining requirement for
Consistent with the City’s
truck terminals to be on truck
Land Use Plan
route)
Improve overall
impression of the City
No new interpretation is
required.
Limit trucks & trucking
facilities to appropriate
roadways
Less deterioration of
secondary roadways
Generate more economic
activities & revenues for
the City
Planning & Zoning Commission
September 19, 2013
Page 2of 4
Analysis:
It is important to describe the difference between warehouse and trucking terminal and measure the
employment capacity and values generated by these land uses.
A warehouse is typically a large building for storage of goods or merchandise. A warehouse is an important link
for freight movement in intermodal transportation. Cargo that may come by ship, rail, or airplane is usually
stored in the warehouse before the carrier delivers it to its final destination. Warehouses serve multiple purposes
such as to break down the packages into smaller packages (distribution centers) to store merchandise for
seasonal sales, or to be stored for pick up at the right time by the receivers.
A truck terminal is typically a site for the handling and temporary storage of freight pending transfers between
locations. Truck terminals that handle truck loads only, typically consist of a wide, open space where trucks are
parked. Usually, truck terminals also have a building for offices and a truck maintenance facility.
Staff determined the employment densities for warehousing versus trucking terminals to evaluate economic
development projects and strategies. In addition, data on the floor area ratio is collected for existing
establishments to determine anticipated employment or number of jobs associated with these developments.
As per research by the Planning Advisory Services (PAS) of the American Planning Association, employment
densities are calculated based on the gross internal floor space per workspace (rather than full-time equivalent
employee). For industrial, warehousing, and distribution centers, floor space information will typically be gross
external or internal space. The number of employees which should be measured to calculate density should be
all those working on-site expressed as full-time equivalent.
Summary of PAS research is as follows:
Floor Area per Employee
-In order to compare expected employment growth, it is assumed that a certain
number of people can be employed based on the category of employment use and the amount of floor area that
can be built. Measurements of the average floorspace per person in a building are used to determinethe number
of jobs associated with a development. There are distinct floor area ratios for development observed in the
following employment categories:
Employment CategorySquare Feet per Employee
Manufacturing500
Wholesale, Transportation, Communication, Utilities1000
Retail700
Finance, Insurance, Real Estate, Services400
Government/Education300
The floor area squarefeet per employee by employment category is calculated as follows:
Employment Capacity = (buildable acres x employment sector FAR x 43560/ square feet per employee.
An example of how this formula performs at the parcel level is shown below. Assume that aparcel (whether
vacant, partially-used or re-developable) has an estimate of buildable area of 3.5 acres. Also, assume that the
Planning & Zoning Commission
September 19, 2013
Page 3of 4
parcel is located in the industrial zone in which there is an observed FAR of 0.10 (ratio of usable employment
space built to land area built upon) for an industrial uses.
Employment Capacity = 3.5 x 0.10 x 43560 / 1000=15employees
Source: Employment Density Study, Snohomish County 2007 Buildable Land Project
Employment Density:
Employment Density for various Logistics MarketSegments is shown in the table below:
Market SegmentEmployee Density (jobs/acre)
Light Warehousing27
Industrial Park20
Light Industrial, Heavy Warehousing16
Intermodal/Trucking Terminal2
Source: EconomicEffects of the logistics Initiative,HDR/HLB Decision Economics, Inc. January 2006
:
Staff’s research of existing facilities in La Porte is as follows
Existing Truck Terminal Statistics
Name/AddressArea (sq.ft.)Building (sq.ft.)FARImprovement Value
($)
POHA-401 North L Street449,53922,8000.050
Texas Transload & Log. –300 North J Street458,68620,0000.04323,213
Gulfwinds –100 North Broadway236,79200
Gulfwinds –110 North Broadway65,62300
Overland Express –100A North Broadway28,12500
Old Landfill Site –901 North Broadway2,078,20200
Frontier Port Prop. –801 North Broadway287,55013,7250.048162,411
Frontier Port Prop. –701 North Broadway105,6243,4200.03239,648
Joseph Cunningham –910 SH 146 N353,70720,1000.056350,866
All American Rigging Co. –2205 SH 146 N119,79000
A&J Leasing Co. 1901 SH 146 166,3995,6200.033300,314
Dragon Products –201 Strang Road142,7551,2500.008
GIS –101 Strang Road435,6007,2540.016347,297
J&S Services –1728 Old La Porte Road110,49800
Tiger Industrial –12803 SH 225193,27500
Crenshaw Dev. –500 North ‘E’ Street100,0001,4500.014537,986
Gus Brieden –1701 North 17 th Street100,00000
Buzbee –326 S. 16 th Street200,0005,0000.025206,800
HTI –502 S. 16 th Street236,80010,0700.042479,149
Core Trucking –501 S. 16 th St.54,0001,5040.028
Average Building/Improvement Value for Trucking Terminals/Yards= $ 0.96/s.f.
Planning & Zoning Commission
September 19, 2013
Page 4of 4
Existing Warehouses Statistics
NameSite Area Building FARImprovement
(s.f.)(s.f.)Value ($)
Port Crossing Business 12,458,1604,959,5550.4040,380,398
Park
Sens Road Business Park687,376267,5400.386,399,479
Underwood Business 8,711,0003,678,5000.4235,625,767
Park
Port Modal Business 645,786292,5000.4518,440,145
Park
Battleground Industrial 1,228,827148,8240.123,276,688
Park
Average Building/Improvement Value for Warehouses = $ 9.56/s.f.
Existing General Industrial/Light ManufacturingStatistics
Name/AddressSite Area Building FARImprovement
(s.f.)(s.f.)Value ($)
Sulzer Inc.–11518 Old La 1,103,12683,9200.0811,324,240
Porte Road
Realty Income Prop.–11110 447,03022,3800.05902,185
Old La Porte Road
Louisiana Chem.–11100554,99732,8000.06967,010
SH 225
Maxim Crane–401 North 100,00012,6900.12437,124
th
16Street
Average Building/Improvement Value for General Industrial/Light Manufacturing = $ 4.50/s.f.
Recommendation:
Staff recommends the language of the ordinance remain unchanged for the purpose of promoting health, morals,
and general welfare of the City.
641HS
TSHT61N
TSHT61S
DRDOOWREDNU
Public Hearing Agenda Format
(Discussion Item)
Exhibit
Staff Report
Staff Report September19, 2013
Public Hearing Agenda Format
Background:
During the March 21, 2013, meeting,the Planning and Zoning Commission received the
Planning Department Audit Report by Mueller Management/Ron Cox Consulting. One
of the recommendations is to revise Planning and Zoning Commission public hearing
agenda format.
Existing Format:
Open Public Hearing to receive public input …..
A.Staff Presentation
B.Proponents
C.Opponents
D.Proponents Rebuttal
Close Public Hearing
At the beginning of the public hearing, the Planning department staff presents its report
on action, and statesthe applicable regulations. After the staff report, the applicant and
the applicant’s representatives present supportto the proposal. Then, the opponents and
their representatives, if any, present opposition to the application. Other members of the
audience are also allowed to speak regarding the application. The staff is then given an
opportunity to respond to any questions of the Commission to any matter which has been
raised. The applicant is then given a rebuttal opportunity.
Suggested Format:
The following agenda sequence is proposed:
Open Public Hearing to receive public input …..
A.Staff Presentation
B.ApplicantPresentation
C.Public Comments (for, against, or simply questions)
D.Question and Answer
Close Public Hearing
Planning & Zoning Commission
September19, 2013
Page 2of 2
Analysis:
The current public hearing agenda format encourages the Commission to ask questions
before all of the information has been presented and also puts the staff in the position of
answering questions better answered by the applicant. The Commission should allow all
information to be presented in items A to Cbefore asking questions under item D. Any
questions posed by the public during itemCshould be noted by the Commission and then
asked by the Commission during the question and answer period. During the question and
answer period, questions should be directed by the Commission to either the staff or
applicant, depending on who is in the better position to answer the particular question.
Conclusion/Recommendation:
This will improve better handling of the public hearing matters and consistency will be
observed.Staff recommends the above format to be followed for public hearing.
Non-Conforming Development
via
Zoning Permit
(Discussion Item)
Exhibits
A.Staff Report
B.Section 106-261 to 106-268,
Code of Ordinances
Staff ReportSeptember 19, 2013
Non-Conforming Development via Zoning Permit
Background
City Council has directed staff to discuss the matter with the Planning and Zoning
Commission regarding situations when pre-existing and nonconforming developments are
required to comply with the current ordinances and parameters outlined in the Chapter 106
(Zoning) of the City’s Code of Ordinances.
Nonconforming buildings, structures, and uses are described in Division 9, Article II,
Sections106-261 through 106-268 (see copy attached). In such cases, the Planning Director
is assigned the responsibility to determine how and to what degree of nonconformity to
implement compliance with the current codes.
It is recognized that the inherent conflict exists between achievingcode compliance which
impact La Porte’ quality of life, and business friendliness which impacts economic
development. However, the department remains cognizant of the need to be fair and
equitableand decisions are made applying similar principles to similar circumstances.
Action by the Commission
1.Discuss the issue
2.Provide guidance regarding if the current provisions of the Zoning Ordinance
allow for an adequate means of reviewing pre-existing and nonconforming
developments viazoning permits.