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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.