HomeMy WebLinkAbout06-19-14 Regular Meeting of the Planning and Zoning Commission
City of La Porte Planning and Development Department
Established 1892 Tim Tietjens, Director
CityofLaPorte
PlanningandZoningCommissionAgenda
Noticeisherebygivenofa RegularMeeting oftheLaPortePlanningandZoningCommissionto
beheldon Thursday,June19,2014at6:00p.m.atCityHallCouncilChambers,604West
FairmontParkway,LaPorte,Texas,regardingtheitemsofbusinessaccordingtotheagenda
listedbelow:
1.Calltoorder.
2.Rollcallofmembers.
3.Considerapprovalofmeetingminutes:May15,2014.
4.ConsiderarecommendationforapprovaltotheCityCouncilofarequestbythe
applicantJoseAngelSandovalJr.(onbehalfofthepropertyownerEddieV.Gray,
Trustee)torezonethepropertyknownasReserve1oftheFairmontParkEastBusiness
ParkReserves1,3,4,5,and6subdivisionplatfromGC,GeneralCommercial,toR1,
LowDensityResidential
5.Discussionorotheractionregardingcurrentandpotentialprovisionsrelatedto
hotels/motels.
6.UpdateonprogressofChapter106ZoningOrdinanceReview.
7.Administrativereports.
8.Commissioncommentsonmatterappearingontheagendaorinquiryofstaffregarding
specificfactualinformationorexistingpolicy.
9.Adjourn.
AquorumofCityCouncilmembersmaybepresentandparticipateindiscussionsduringthismeeting.
However,noactionwillbetakenbytheCouncil.
IncompliancewiththeAmericanswithDisabilitiesAct,TheCityofLaPortewillprovideforreasonable
accommodationsforpersonsattendingpublicmeetings.Tobetterserveattendees,requestsshouldbe
received24hourspriortothemeetings.PleasecontactPatriceFogarty,CitySecretary,at2814705019.
CityofLaPorte604W.FairmontParkwayPhone:(281)4715020
PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005
www.laportetx.gov
PlanningandZoningCommissionAgenda
Thursday,June19,2014
Page2
CERTIFICATION
IcertifythatacopyoftheThursday,June19,2014agendaofitemstobeconsideredbythe
PlanningandZoningCommissionwaspostedontheCityHallbulletinboardonthe____dayof
June,2014.
Title:
CityofLaPorte604W.FairmontParkwayPhone:(281)4715020
PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005
www.laportetx.gov
PlanningandZoningCommission
MinutesofMay15,2014
CommissionersPresent:RichardWarren,HelenLaCour,PhillipHoot,MarkFollis,LesBird,and
HalLawler
CommissionersAbsent:DorettaFinch,LouAnnMartin,andDannyEarp
CityStaffPresent:PlanningDirectorTimTietjens,CityPlannerEricEnsey,andCity
AttorneyKnoxAskins
Calltoorder.
1.
MeetingcalledtoorderbyChairmanHalLawlerat6:02p.m.
RollCallofMembers.
2.
CommissionersWarren,LaCour,Hoot,Martin,Follis,Earp,Bird,andLawlerwerepresentforroll
call.
Considerapprovalofmeetingminutes:January16,2014.
3.
MotionbyCommissionerBirdtoapprovetheJanuary16,2014,meetingminutes.Secondby
CommissionerHoot.Motioncarried.
Ayes:CommissionersWarren,LaCour,Hoot,Follis,Bird,andLawler
Nays:
ConsiderapprovalofaPreliminaryPlatfortheBaysideCrossingsubdivision;asinglefamily
4.
residentialdevelopmentconsistingof73lotson17.2135acreslocatednorthandwestofthe
intersectionofSpencerHighwayandSensRoad(Applicant:BeazerHomes).
PlanningDirectorTimTietjensintroducedEricEnseyasthenewCityPlanner.
CityPlannerEricEnseypresented{ƷğŅŅƭReportforarequestbyBeazerHomesforapprovalof
thePreliminaryPlatforBaysideCrossingsubdivisionlocatednorthandwestofSensRoadand
SpencerHighway.
CommissionerHootaskedifatrafficstudyhadbeenperformed.AlanMuellerwithGromax
Development,representingBeazerHomes,confirmedthatatrafficimpactanalysishadbeen
completedandacopywassubmittedtotheCity.Thestudyindicatedasingleentranceforthe
subdivisionwasacceptable,withnomitigationmeasuresrequired.Commissionersdiscussed
trafficpatternsassociatedwiththedevelopment.Itwassuggestedtherebeastipulationwith
theŷƚƒĻƚǞƓĻƩƭassociationthataddressesstreetparkingintheculdesacsinordertoensure
mobilityofschoolbuses,firetrucksorotherlargevehicles.
MotionbyCommissionerHoottodisapprovewithoutprejudice,theBaysideCrossing
PreliminaryPlat,subjecttothenecessarycorrectionsasnotedin{ƷğŅŅƭReport.Secondby
CommissionerLaCour.Motioncarried.
Ayes:CommissionersWarren,LaCour,Hoot,Follis,Bird,andLawler
Nays:
PlanningandZoningCommission
MinutesofMay15,2014
Page2of3
Discussionorotheractionregardingcurrentandpotentialprovisionsrelatedtohotels/motels.
5.
PlanningDirectorTimTietjensinitiateddiscussiononarequestbyCityCouncilforthePlanning
andZoningCommissiontoreviewandprovidearecommendationonpossibledistancelocations
forhotels/motelsandtheirproximitytoresidentialuses.
CommissionerHootexpressedconcernwithobsolescenceofstructure,sohesuggesteddesign
standardsforhotels/motels,includinglargerceilingheightsandroomssizestohelpwith
redevelopmentofthepropertyshouldthebuildingbeutilizedinthefutureforadifferent
purpose.
CommissionersrecommendedCityCounciltakeintoaccountthefollowingwhenconsidering
possibleamendmentstothe/źƷǤƭhotel/motelprovisions:
TheCommissionwasnotinfavorofimposingdistancerequirementsbetween
hotels/motels.
ConsideramendingtheCodeofOrdinances,Section106441,TableA,Footnote4,from
ͻğķƆğĭĻƓƷƷƚͼtoͻǞźƷŷźƓ250ŅĻĻƷͼandrequireaspecialconditionalusepermitforany
hotel/moteldevelopmentwithin250feetofanyresidentialdevelopment.Thiswould
alsoapplytohotels/motelsthatmaydevelopwithintheindustrialzones,sinceusesin
theGCzoningdistrictarealsoallowedintheindustrialzones.
DiscusscreationofaMixedUseZoneDistrictforinclusionintheChapter106Zoning
6.
OrdinanceReview.
CityPlannerEricEnseyprovidedanoverviewfortheproposedMixedUseZoningDistrict,which
theChapter106reviewsubcommitteehasbeenworkingonforinclusionwiththeChapter106
amendments.Mr.EnseydescribedtheMixedUseDistrictasgenerallyanareawheremixesof
commercialandresidentialusesareallowedinthesamebuilding.Theareassuggestedformix
usezoningarethecircleparcelsadjacenttoSylvanParknearthebayfront.
Commissionersdiscussedtheprosandconsofallowingmixedcommercialandresidentialuses
withinthesameparcel.
CommissionerHootrequestedCityAttorneyKnoxAskinslookintowhetherornottheCitycould
requirecommercialspecificationsforalowdensityresidentialuse.
ChairmanLawlerallowedforinputfromtheaudience.JudyNeiuwenhaus,andherhusband
Roelof,resideupstairsoftheirdownstairsbusinesslocatedat319E.MainStreet.The
bĻźǒǞĻƓŷğǒƭƭalsoownpropertyinoneofthecircleparcelsbeingdiscussedformixeduse
zoning.Duetoitscurrentzoning,thecouplehasbeenunabletoeitherbuildahomeortosell
theproperty.Mrs.NeiuwenhausthankedtheCommissionforworkingtowardschangesthat
wouldhelpthemutilizetheirproperty.
PlanningandZoningCommission
MinutesofMay15,2014
Page3of3
UpdateonprogressofChapter106ZoningOrdinanceReview.
7.
CityPlannerEricEnseyreportedtheChapter106reviewsubcommitteeisapproximately90%
completewiththeirreview.Staffanticipatesallchangestobedraftedandreadyforthe
/ƚƒƒźƭƭźƚƓƭreviewbylatesummer.
Subcommitteemembersmentionedafewoftheremainingissuesthatneedtobefinalizedprior
presentingthefullsetofamendmentstotheCommission.
AdministrativeReports
8.
Asafollowuptothefilldirtdiscussionfromthepreviousmeeting,PlanningDirectorTim
TietjensreportedtheCityEngineerisworkingonadefinitionforfillmaterialthatwillbe
presentedforthe/ƚƒƒźƭƭźƚƓƭconsideration.
CommissionCommentsonmattersappearingontheagendaorinquiryofstaffregardingspecific
9.
factualinformationorexistingpolicy.
WhileCommissionerscongratulatedCommissionerHootonhiselectiontotheschoolboardand
welcomedEricEnseytotheCityStaff,therewerenocommentsonmattersappearingonthe
agendaorinquiriesofstaffregardingspecificfactualinformationorexistingpolicy.
Adjourn
10.
MotionbyCommissionerWarrentoadjourn.SecondbyCommissionerLaCour.Motioncarried.
Ayes:CommissionersWarren,LaCour,Hoot,Follis,Bird,andLawler
Nays:
ChairmanLawleradjournedthemeetingat7:50p.m.
Respectfullysubmitted,
PeggyLee
Secretary,PlanningandZoningCommission
PassedandApprovedon________________________,2014.
HalLawler
Chairman,PlanningandZoningCommission
CityofLaPorte,Texas
PlanningandZoningCommission
June19,2014
AGENDAITEM4
Consider approval of a Zone Change to rezone the property known as
Reserve 1 of the Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6 subdivision plat
from GC, General Commercial, to R-1, Low Density Residential
Applicant: Jose Angel Sandoval Jr. (on behalf of the property owner Eddie V. Gray, Trustee)
9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ
tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ
/źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ
PlanningandZoningCommissionRegularMeeting
June19,2014
ZoneChange,Reserve1,FairmontParkEastBusinessPark
PlanningandDevelopmentDepartment
StaffReport
ISSUE
ShouldthePlanningandZoningCommissionrecommendapprovaltotheCityCouncilof
arequestbytheapplicantJoseAngelSandovalJr.(onbehalfofthepropertyowner
EddieV.Gray,Trustee)torezonethepropertyknownasReserve1oftheFairmontPark
EastBusinessParkReserves1,3,4,5,and6subdivisionplatfromGC,General
Commercial,toR1,LowDensityResidential?
RECOMMENDATION
StaffrecommendsthePlanningandZoningCommissionrecommendapprovalofthe
requestbyJoseAngelSandovalJr.(onbehalfofthepropertyownerEddieV.Gray,
Trustee)torezonethepropertyknownasReserve1oftheFairmontParkEastBusiness
ParkReserves1,3,4,5,and6subdivisionplatfromGC,GeneralCommercial,toR1,
LowDensityResidential.Further,therecommendationshouldbeconditionedtorequire
theapplicanttosubmitandreceiveapprovalofaplatinaccordancewithCity
regulationspriortotherezoningtakingeffect.Staffrecommendsallowingtheapplicant
six(6)monthstocompletetheplattingprocessfollowingCityCouncilapprovalofthe
zonechange.Shouldtheapplicantnotreceiveapprovalofaplatwithinthatsix(6)
gointoeffect.
monthperiodoftime,thezonechangewouldnot
DISCUSSION
PropertyOwner:
EddieV.Gray,Trustee
Applicant:
JoseAngelSandoval,Jr.
!ƦƦƌźĭğƓƷƭRequest:
TheApplicantisseekingtopurchasetheparceloflandknownasReserve1,Fairmont
ParkBusinessParkReserves1,3,4,5,and6fromthePropertyOwneranddesiresto
constructhissinglefamilyresidenceontheproperty.TheattachedExhibitAincludes
theZoneChangePermitApplicationsubmittedbyMr.Sandoval.Theapplicantis
requestingapprovalofarezoningofthepropertyfromGC,GeneralCommercial,toR1,
1
PlanningandZoningCommissionRegularMeeting
June19,2014
ZoneChange,Reserve1,FairmontParkEastBusinessPark
LowDensityResidential.TheattachedExhibitBisanAerialMapshowingthelocationof
thesubjectproperty.
BackgroundInformation:
Thesubjectsiteisapproximately0.809acresandislocatedonFarringtonBoulevardjust
northandeastofFairmontParkway.ThelegaldescriptionoftheparcelisReserve1,
FairmontParkEastBusinessParkReserves1,3,4,5,and6.TheattachedExhibitCisthe
recordedsubdivisionplat.
ThesiteiscurrentlyzonedGC,GeneralCommercial,andisvacant.TheattachedExhibit
Dshowsthezoningofthesubjectpropertyandsurroundingproperties.Thefollowing
tablesummarizesthesurroundingzoningandlanduses:
ZoningLandUse
bƚƩƷŷ R1,LowDensityResidentialExistingsinglefamilyresidential(FairmontParkEast
Subdivision)
{ƚǒƷŷ GC,GeneralCommercialDollarGeneral(10405W.FairmontParkway)and
MillenniumCarCare(10401W.FairmontParkway)
ĻƭƷ R1,LowDensityResidentialExistingsinglefamilyresidential(FairmontParkEast
Subdivision)
9ğƭƷ R1,LowDensityResidentialExistingsinglefamilyresidential(FairmontParkEast
Subdivision)
TheCityofLatƚƩƷĻƭLandUseMapidentifiesthisparcelaslowdensityresidential.See
theattachedExhibitEidentifyingtheLandUseMapforthisarea.LowDensity
ResidentialisdefinedintheComprehensivePlanasconsistingofsinglefamily
residentialuseswithminimumlotarearangingfrom4,500to43,560squarefeet.
NotificationRequirements:
StafffindsthatthepublichearingnotificationrequirementsoutlinedinSection106171
wereperformedinaccordancewithcodeprovisions,includingthefollowing:noticeina
newspaperofgeneralcirculationatleast15dayspriortothehearing;writtennotice
mailedtoownersofrealpropertywithin200feetofthesitewithin10daysofthe
hearing;signpostedonthesitewithin15daysofthehearing.Additionalnoticeofthe
publichearingwaspostedatCityHallandonthe/źƷǤƭwebsite.Acompletelistofpublic
hearingnotificationrequirementsisfoundintheattachedExhibitF,Section106171,
Amendmentprocedures.
Analysis:
Thereareanumberofdifferentconsiderationsstaffevaluatedduringthereviewofthis
application.ThefollowingdescribesƭƷğŅŅƭanalysisofthoseconsiderations:
2
PlanningandZoningCommissionRegularMeeting
June19,2014
ZoneChange,Reserve1,FairmontParkEastBusinessPark
1.LandUse.AlthoughthesubjectsiteiscurrentlyzonedGC,GeneralCommercial,
the/źƷǤƭadoptedFutureLandUseMapidentifiestheparcelaslowdensity
residential.Theapplicantdesirestoconstructasinglefamilydetachedhouseon
thepropertyanduseitashisplaceofresidence.ShouldtheCityCouncil
ultimatelyapprovethezonechangetoR1,theproposedlowdensitysingle
familyusewillhavelessnegativeimpactsontheexistingsinglefamilydetached
residential(FairmontParkEastSubdivision)tothenorthandeastthanifa
commercialusewasconstructedonthissiteascurrentlypermitted.Inother
words,theintensityofusewillbelesswithrezoningthepropertytoR1.
2.Access.ThesitehasdirectaccesstoFarringtonBoulevard,whichissufficient.
3.Utilities.Therearethenecessarysanitarysewerandwaterutilitieslocatedin
theFarringtonrightofway.
closeproximitytothesitein
4.Density.TheğƦƦƌźĭğƓƷƭproposedsinglefamilyresidencewillbeconsistentwith
thedensityrequirementsoftheR1,LowDensityResidentialDistrict.The
attachedExhibitGisSubdivisionIofChapter106(Zoning),whichincludes
sectionspertainingtopermittedresidentialuses(106331)andresidentialarea
requirements(106333).Anyresidentialdevelopmentwillberequiredtomeet
allapplicableregulationsofthedistrictattimeofbuildingpermit.
Additionally,the/źƷǤƭComprehensivePlanidentifiesanumberofitemstobe
consideredpriortomakinglandusedecisions.Thefollowingtablebreaksdowneach
itemandƭƷğŅŅƭfinding.
Criterion:StaffFindings:
AbilityofinfrastructuretosupporttheThesubjectpropertyisincloseproximitytoexistingwaterand
permitteduse.sewerlinesandcanutilizethoselinesfortapconnections.
ImpactonthevalueandpracticalityofTheproposedsinglefamilyresidentialuseofthisproperty,
thesurroundinglanduses.shoulditberezonedtoR1,willnothaveanadverseimpacton
thesurroundingpropertyowners.Additionally,theproposed
usewouldbealessintenseusethantheexistingGCzoning
wouldallowifdevelopedcommercially.
ConformanceofazoningrequestwithTheproposedrezoningisconsistentwiththe/źƷǤƭlanduse
thelanduseplan.plan,whichidentifiesthesiteaslowdensityresidential.
CharacterofthesurroundingandRezoningthesubjectpropertytoR1isconsistentwiththe
adjacentareas.existingzoningofadjacentpropertiestothenorthandeast,
whicharealsozonedR1andcontainexistingsinglefamily
residential.Asaresult,theproposedzonechangewouldnotbe
aspotzone.
Suitabilityofthepropertyfortheuses
Thepropertyissuitablefortheusesthatwouldbepermissible
whichwouldbepermissible,consideringundertheR1regulations.
density,accessandcirculation,and
adequacyofpublicfacilitiesandservices.
TheextenttowhichtheproposeduseTheproposedlowdensityresidentialusewouldhaveless
designationwouldadverselyaffecttheimpactonthetrafficinthevicinitythanifthesitewereto
capacityorsafetyofthatportionofthedevelopcommerciallyasitiscurrentlyzoned.
road.
3
PlanningandZoningCommissionRegularMeeting
June19,2014
ZoneChange,Reserve1,FairmontParkEastBusinessPark
(tablecontinued)
Criterion:Finding:
Theextenttowhichtheproposeduse
Theproposedlowdensityresidentialusewouldnotcreate
designationwouldcreateexcessiveairexcessiveairpollution,waterpollution,noisepollution,or
pollution,waterpollution,noiseotherenvironmentalharmtoadjacentproperties.
pollution,orotherenvironmentalharm
toadjacentproperties.
Thegain,ifany,tothepublichealth,Theproposedlowdensityresidentialusewouldcontributeto
safety,andwelfareoftheCity.the/źƷǤƭgoalofenhancingcommunitycharacterandcreating
qualityneighborhoodsandhousingasidentifiedinthe
ComprehensivePlan.
Basedontheaboveanalysis,staffsupportstherequestbytheapplicanttorezonethe
subjectpropertyfromGC,GeneralCommercial,toR1,LowDensityResidential.
Howeveroneitemremainsthatwillneedtobeaddressedbytheapplicantbeforethe
rezoningcangointoeffect.
ThesubjectsiteispartoftheFairmontParkEastBusinessParkReserves1,3,4,5,and6
subdivisionplat,whichspecificallyidentifiesallreservelotsascommercialproperties.As
aresult,theapplicantwillneedtoapplyforandreceiveapprovalofasubdivisionplatin
accordancewithCityrequirementsthatwillremovethecommercialrestrictiononthe
subjectparcelfromtheexistingplat.
Staffisrecommendingaconditionofapprovalbeincludedwiththerezoningrequest
requiringtheapplicanttosubmitandreceiveapprovalofaplatinaccordancewithCity
shouldfurtherprovide
requirementspriortotherezoningtakingeffect.Thiscondition
theapplicantsix(6)monthstocompletetheplattingprocessfollowingCityCouncil
approvalofthezonechange.Shouldtheapplicantnotreceiveapprovalofaplatwithin
thesix(6)monthperiodoftimefollowingCity/ƚǒƓĭźƌƭapproval,thenthezonechange
wouldnotgointoeffect.
ATTACHMENTS
ExhibitA:ZoneChangePermitApplication
ExhibitB:AerialMap
ExhibitC:FairmontParkEastBusinessParkReserves1,3,4,5,and6Plat
ExhibitD:SurroundingZoningMap
ExhibitE:LandUseMap
ExhibitF:Section106171,AmendmentProcedures
ExhibitG:SubdivisionIofChapter106,ResidentialUses
4
EXHIBIT A
EXHIBIT A
EXHIBIT 'B'
VICINITY MAP
LOCATION OF
PROPERTY
1 inch = 200 feet
EXHIBIT C
EXHIBIT C
EXHIBIT 'D'
ZONING DISTRICT
R-1
PROPOSED REZONE
FROM GC TO R-1
GC
1 inch = 200 feet
EXHIBIT 'E'
LAND USE MAP
TRACT REQUESTED FOR
REZONE FROM GC to R-1
S
AP
PLE
TR
EE
CIR
FUTURE LAND USE
LARGE LOT RESIDENTIAL (NEW)
LOW-DENSITY RESIDENTIAL
MID-TO-HIGH-DENSITY RESIDENTIAL
MIXED USE (NEW)
NEIGHBORHOOD COMMERCIAL (NEW)
BAYPORT INDUSTRIAL DISTRICT
COMMERCIAL
MAIN STREET (NEW)
BUSINESS INDUSTRIAL (NEW)
LIGHT INDUSTRIAL (NEW)
HEAVY INDUSTRIAL (NEW)
PARKS AND OPEN SPACE (NEW)
PUBLIC / INSTITUTIONAL
MunicodePage 1of 2
EXHIBIT F
Sec. 106-171.Amendment procedures.
The city council may from time to time, on its own motion, the motion of the planning and
zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations,
restrictions, and boundaries herein established.
(1)Public hearing before the city planning and zoning commission. Before taking any
action on any proposed amendment, supplement, change, or modification, the city
council shall submit the same to the city planning and zoning commission which shall
make a preliminary report and hold a public hearing thereon before submitting its final
report to the city council.
(2)
Notice of public hearing before city planning and zoning commission.
a.
Written notice of all public hearings before the city planning and zoning
commission on proposed changes in classification shall be sent to owners of
real property lying within 200 feet of the property on which the change in
classification is proposed, such notice to be given not less than ten days before
the date set for hearing, to all owners who have rendered their said property for
city taxes as the ownership appears on the last approved city tax roll. Such
notice may be served by depositing the same, properly addressed and postage
paid, in the city post office. At least 15 days notice of the time and place of
such hearing shall be published once in a newspaper of general circulation in
the city.
b.
Requirements for public notice by sign posting:
1.
Public notice for procedures requiring public notice by sign posting shall
be provided by the city at least 15 days before the public hearing.
2.
The applicant shall place public notice sign on the property within 20 feet
of the abutting street.
3.
The sign shall be clearly visible, readable, and not to create hazard to
traffic on the public right-of-way abutting the property.
4.
Public notice sign shall include the date, time, place, and purpose of
public hearing.
5.
The applicant must return the sign to the city within ten days after the
appeal period for the public hearing has ended.
6.
The erection of this sign shall not require a permit from the city.
(3)
Publication of notice. In the event a public hearing shall be held by the city planning
and zoning commission in regard to a change of this chapter not involving particular
property but involving a change in the chapter generally, notice of such hearing shall
be given by publication once in a newspaper of general circulation in the city stating
the time and place of such hearing, which time shall not be earlier than 15 days from
the day of such publication.
(4)
Submission of findings and recommendations to city council. The city planning and
zoning commission shall forward its written findings of fact and recommendations to
city council within 15 days of the close of the hearings.
(5)
Public hearing before city council.
a.
Upon receipt of the written recommendations from the planning and zoning
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EXHIBIT F
commission, a public hearing shall be held by the city council before adopting
any proposed amendment, supplement, change, modification or repeal of the
regulations, restrictions, and boundaries herein established.
b.
Notice of such hearing shall be given by publication once in a newspaper of
general circulation on the city stating the time and place of such hearing, which
time shall not be earlier than 15 days from the day of such publication.
(6)
Council actions. The city council shall act upon such motion or petition within 30 days
from the date the final report of the city planning and zoning commission was
submitted to the city council.
(7)
Protests.
a.
In case of a protest against any such amendment, supplement, change, or
repeal of the regulations, restrictions, and boundaries herein established, a
written protest filed with the enforcement officer and signed by the owners of 20
percent or more of either:
1.
The area of lots or land covered by the proposed change; or
2.
The area of lotsor land immediately adjoining the area covered by the
proposed change and extending 200 feet from that area.
Such amendment, supplement, change, modification, or repeal shall not
become effective except by the favorable vote of three-fourths of all the
members of the city council.
3.
Streets and alleys shall be included when computing the area of land
from which a protest may be filed.
(8)
Vote to overrule. The affirmative vote of at least three-fourths of the city council is
required to overrule a recommendation of the city planning and zoning commission
that a proposed change to this chapter or boundary be denied.
(Ord. No. 1501-05, § 6(Exh. F), 3-19-07)
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EXHIBIT G
La Porte, Texas, Code of Ordinances >> Subpart B -LAND USE REGULATIONS >> Chapter 106 -
ZONING>> ARTICLE III. -DISTRICTS>> DIVISION 2. -RESIDENTIAL DISTRICT REGULATIONS >>
Subdivision I. Generally >>
Subdivision I. Generally
Sec. 106-331. Table A, residential uses.
Sec. 106-332. Interpretation and enforcement.
Sec. 106-333. Table B, residential area requirements.
Sec. 106-334. Special use performance standards; residential.
Secs. 106-335Ï106-350. Reserved.
Sec. 106-331. Table A, residential uses.
P(AÏK)ÏPermitted uses (subject to designated criteria established in section 106-334).
PÏPermitted uses.
AÏAccessory uses (subject to requirements of section 106-741).
-216 through 106-218 and
CÏConditional uses (subject to requirements of sections 106
designated criteria established in section 106-334 as determined by the planning and
zoning commission).
*ÏNot allowed.
Uses (SI Code #)Zone
Cs
R-R-2R-3MHLL
1
Agricultural production, (011Ð019 crops)PPPPP
rsale)C***C
Agricultural production, (027 animal specialties -breeding o
breakfast as defined bysection 106-1CCC*C
Bed an
d
Breeding kennels, private stock, limited to dogs and cats, large lot residentialAACCA
Boarding kennel***P
s*
Domestic livestockÐLarge residential lotAAAAP
Domestic livestocÐWithout a existing principal structure on the property (permitted in ***P
kn*
large lot district, but only if tract is one acre in size or greater)
Industrialized housing on a permanent foundatioPPPP*p
n
Single-family dwelling, detachedPPPPP
Singl-family dwelling, specia lotPPP
el**
Single-family dwellings, zero lot line (patio homes,etc.)*PP**
Duplexes, double bungalows (tw-family dwelling units)PP*
o**
Townhouses*P(I)P(I)**
Conversio of singl-family dwellings to duplexes (or no more than tw-famildwellings)PP*
neoy**
Tri-plexes and quadraplexes (three and four-family dwellingunits)*P(I)P(I)**
Multi-family (more than four dwelling units)*P(I)*
**
3Ð4 unit multifamily dwellings*PP**
Multifamily (over 4 units)*P*
**
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EXHIBIT G
Modular housing on a permanent foundation system as defined in section 106-1PPPPP
Manufactured housing subdivision restricted to H.U.D. certified mobile homes; min. width CCP
s**
20 feet, min. shingled roof pitch 3:12, permanent foundation system; siding similar to
surrounding residential
Manufactured housing subdivisions (restricted to H.U.D.certified mobile homes on *C**
permanent foundation systems)
Manufactured housing parks***P*
(F,
D)
Manufactured housing***P*
Group care facilities no closer than 1,000 feet to a similause (836)*C*
r**
Group care facilities (similar to SIC Industry Group #836 -Except halfway homes for
delinquents and offenders; juvenile correctional homes; orphanages; homes for destitute
men & women; self-help group homes for persons with social or personal problems; and
training schools for delinquents):
(3) or less personsPP(J)P(J)P(J)P
(J)(J)
(4) or more personsPP(K)P(K)P(K)P
(K)(K)
Childcare home in private home (services no more than 6)PPPPP
Daycar centers (services more than 6) (835)PPP
e**
Freestanding on-premises identification sign; townhouses, multi-family developments, See article VII of
group care facilities (except when located within a residential neighborhood), subdivisions, this chapter
education and religious facilities
Residential PUD (refer to section 106-636)CCC
**
Public parks and playgroundsPPPPP
Recreational buildings and community centers (832)CPPPC
Religious institutions (866)CPPPC
(AB)(AB)(AB)
Public or private educationalinstitutions limited to elementary, junior and senior high CPPPC
(8211)
Junior colleges and technical institutes (8222)*CP**
Boardinghomes (7021)*PP**
Civic, social and fraternal organizations (8641)*C*
**
Convalescent homes, sanitarium, nursing or convalescent homes (805)**P**
Private garages, carports an off-street parking (associated with residential uses)AAA
dAA
Storage of equipment behind a screening device (permitted in large lot district, but only if AAAAP
tract is one acre in size or greater)
Storage of recreational vehicles or boatsAAAAA
Storage of equipment in an accessory building or behind ascreening devicAAA
eAA
Home occupationsAAAAA
Noncommercial greenhouseAAA
sAA
Noncommercial recreation facilities associated withresidenceAAAAA
Noncommercial toolhouses, barns, sheds, storage building(associated with residence, AAAP
sA
except in large lot district for tracts one acre in size or greater)
Boarding or renting of rooms (1 person max.)AAA
AA
Off-street loading (refer to section 106-840)*****
Off-street parking (refer to Se article VI of this chapter)AAA
eAA
Petroleum pipelines (restricted to existing pipeline corridors)PPPPP
Residential density bonus, a provided in section 106-334(g)CCCCC
s
Secondary dwelling unitsCPP*C
(Ord. No. 1501-JJ, § 6, 10-14-02; Ord. No. 1501-T4, § 6(Exh. F), 10-24-05; Ord. No. 3453, § 2, 12-10-12; Ord.
No.2012-3406, § 2, 3-26-12)
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EXHIBIT G
Sec. 106-332. Interpretation and enforcement.
Property uses, except as provided for by section 106-331, Table A, are prohibited and
constitute a violation of this chapter.
Sec. 106-333. Table B, residential area requirements.
(a)Table B, residential area requirements.
UsesMinimumMinimumMinimumMaximumMinimumMinimumMaximum
LotLotYardHeightSiteDevelopmentLot
8
Area/D.U.WidthSetbacksArea/UnitOpen Space/Coverage/
S.F.L.F.L.F. F.R.S.Minimum
S.F.Unit S.F.
Landscaping
2, 3, 4, 5, 6, 10,7
d
Require
9, 19
11, 12, 13, 14,
5
1
Single-family 60005025-15-535 Ft.9100Ð40%/N/A
detached4.8
DU/A
Singl-family large 35609025-15-545 Ft43560Ð40%/N/
e4.A
lot1.0
DU/A
Single-family 45004020-10-035 Ft.7300Footnote60%/N/A
special lot line, 0 6.0# 1
lot lineDU/A
Duplexe60006025-20-2045 Ft8.0Footnot60%/N/
s.eA
DU/A# 1
Singl-family 60005020-10-535 FtN/N/50%/N/
e.AAA
converted to
multifamily
Townhouses, 20002025-20-2045 Ft.4400Footnote75%/25%
quadraplexes10.0# 1
(10,000 s.f of site DU/A
area 100 ft. wide)
Multifamily2000010025-20-2045 Ft.1600Footnote60%/25%
14# 1
A
DU/
Manufactured 5004020-10-525 Ft7300Footnot60%/6
4.e%
# 1
housing6.0
A
DU/
Manufactured N/AN/AN/AN/AN/A/N/A
100 of front
housing subdivision road
or parks (5 acre frontage
min.)
Group care 25-20-1025 FtN/N/N/A/6
.AA%
facilities (less than
6) and day care
homes
Grou Care Same as PrincipaStructur
ple
Facilities/State
Licensed &
Registered Child-
care homes (Max.
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EXHIBIT G
(12) in private
home; per Tx.
Dept. of Family &
Protective
Services)
Public or private 30-20-1045 FtN/N/N/A/6
.AA%
educational and
religious
institutions, large
group care
facilities, daycare
centers,
recreational
buildings,
boarding, and
nursing homes
Freestanding o-See article VII of thichapte
nsr
premises signs
Large lot district Sesection 106-416SpeciaRegulation
els
where tract is one
acre in size or
greater (without
existing principal
structure)
Accessory
structure/domestic
livestock
Table B footnotes.
1
Lot SizRequired Develope
ed
Open Space/Lot
5000Ð6000 Sq. Ft200 Sq. Ft
..
4000Ð4999 Sq. Ft.300 Sq. Ft.
3000Ð3999 Sq. Ft400 Sq. Ft
..
2000Ð2999 Sq. Ft.500 Sq.Ft.
a. Minimum size of developed open space: One-half acre for every 80 units or fraction thereof.
(i)For multifamily residential developments: Minimum of 25 percent of the total development regardless of size of
development.
(ii)For townhouse/quadraplex developments: One-half acre for every 80 units or fraction thereof.
b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the
conditions established in sections 106-676 through 106-679, with all documentation required to be submitted for filing in
conjunction with the final plat. (See also the City Development Ordinance Number 1444, section 4.04 which is on file in the city
secretary's office.)
2
A minimum landscape setback of 20 feet will be required adjacent to all conservation areas. Buildings, parking areas, and refuse
containers will not be allowed in such setback area. These areas are to be landscaped with trees, shrubs, and groundcover, with a planting
plan required to be submitted and approved by the enforcement officer.
3
The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building including
projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary.
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EXHIBIT G
4
Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum
setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the
average of the required setback and the setback of only one adjacent structure. In no case shall the minimum front yard setback exceed
30 feet.
5
All side yards adjacent to public R.O.W.'s must be ten feet.
6
In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet.
7
D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted.
8
All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below
or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to
resist the imposition of external forces as defined by the Standard Building Code, or in the case of industrialized housing, the requirements
of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, if
one is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the Southern Building Code.
9
See article V, division 4 of this chapter for additional requirements.
10
No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured
above adjacent road grade.
11
In the case of multifamily residential developments with 50 or more units, said complexes must be located at least 1,000 feet from
other multi-family residential developments of 20 or more units.
12
Within the building setback, there must be a ten-foot opaque screen consisting of shrubs and fencing. (See section 106-334(i) for
screening and fencing requirements.)
13
Residential developments that are townhouses, quadruplexes, or multi-family dwelling units must have a minimum of 25 percent
landscaping.
14
Multifamily residential developments adjacent to single-family residential developments must establish a 25-foot buffer between the
two developments. This buffer is in addition to the setback as established by this table.
15
In the case of multifamily residential developments, no off-street parking shall be placed within the required setback, or within the
required additional 25-foot buffer when the development is situated adjacent to a single-family residential development. The space needed
to meet the required parking spaces shall be exclusive of the required setback and the additional buffer.
16
In the case of multifamily residential developments being adjacent to single-family residential developments, the buildings within the
multifamily residential developments that are directly adjacent to the single-family residential development shall be limited to two-stories in
height. Buildings within the interior of the multifamily residential developments may be three-stories in height.
17
Multifamily residential developments cannot exceed 180 dwelling units.
18
See section 106-334(i)(3) for open space utilization criteria.
19
Following structures exempted from 40 percent lot coverage on single-family detached: Accessory buildings 200 s.f. or less and patio
covers up to 900 s.f.
20
Maximum lot coverage for single-family detached in planned unit development (PUD) zoning district or residential subdivisions
requiring a detention/drainage system, shall be 50 percent.
(The impervious cover factor of 55 percent for the total site for drainage, as prescribed in PICM, remains in effect.)
(Ord. No. 1501-JJ, § 6, 10-14-02; Ord. No. 1501-LLLL, § 6(Exh. F), 4-25-05; Ord. No. 1501-T4, § 6(Exh. F), 10-24-
05; Ord. No. 3242, § 1, 4-26-10; Ord. No. 3453, § 3, 12-10-12; Ord. No.2012-3406, § 3, 3-26-12)
Cross referenceÏ
Contents of mobile home park plans, § 98-92; minimum area requirements for mobile home
parks, § 98-95; location of mobile homes with respect to property lines and public streets, § 98-99.
Sec. 106-334. Special use performance standards; residential.
(a)Landscape buffers.
(1)
A landscape buffer planted with grass or evergreen ground cover and also planted
with trees shall be provided. No buildings or refuse containers shall be placed in such
areas.
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EXHIBIT G
(2)Standards:
a.
Minimum width of planting strip: Four feet.
b.
A planting plan specifying the location and species of trees to be planted as
well as the type of grass or ground cover to be utilized shall be submitted for
approval by the director or his duly authorized representative.
(3)
Screening will be required in the following situations:
a.
Parking areas for recreational buildings, community centers, religious, and
private and public educational institutions.
b.
Manufactured housing parks and subdivisions screened from abutting uses.
(4)
Required screening will count toward the required percentage of landscaping.
(5)
Required landscaping must be maintained by the property owner and/or occupant.
(b)
Traffic control. The traffic generated by a use shall be channelized and controlled in a
manner that will avoid congestion on public streets, safety hazards, or excessive traffic
through low density residential areas. The traffic generated will not raise traffic volumes
beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall
create a minimum of conflict with through traffic movements, and shall be subject to the
approval of the director. The proposed development should be adequately served by a
collector or arterial street without circulating through low density residential uses or districts
in the following cases:
(1)
Junior or senior high school, junior colleges and technical institutes.
(2)
Manufactured housing subdivisions.
(c)
Compatibility with surrounding area. The architectural appearance and functional plan of the
building(s) and site shall reflect the building character of the area and shall not be so
dissimilar to the existing buildings or area as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the development. The
proposed development is to be compatible with the existing and planned use of the area and
conflicts are not to be created between the proposed use and existing and intended future
use of the surrounding area.
(d)
Required license obtained. All necessary governmental permits and licenses are secured
with evidence of such placed on record with the city.
(e)
Compatible alterations and adequate parking. Adequate parking as required by article VI of
this chapter must be provided on the lot and not within any required front yard. Any exterior
alterations must be compatible with the existing structure, and the surrounding
neighborhood.
(f)
Manufactured housing criteria (manufactured housing parks only). A preliminary certified site
plan must be submitted simultaneously with the submissions required in the mobile home
park ordinance of the city and the city development ordinance, that illustrates compliance
with the following:
(1)
Legal description and size in acres of the proposed manufactured housing park. Such
park shall not be less than five acres.
(2)
Locations and size of all manufactured housing sites, dead storage area, recreation
areas, laundry drying areas, roadways, parking sites, and all setback dimensions
(parking areas, exact manufactured housing sites, etc.).
(3)
Preliminary landscaping plans and specifications.
(4)
Location and width of sidewalks.
(5)
Plans of sanitary sewer disposal, surface drainage, water systems, electrical service,
and gas service.
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EXHIBIT G
(6)Location and size of all streets abutting the manufactured housing park and all
driveways from such streets to the manufactured housing park.
(7)
Preliminary road construction plan.
(8)
Preliminary plans for any and all structures.
(9)
Such other information as required or implied by these standards or requested by
public officials.
(10)
Name and address of developer or developers.
(11)
Description of the method of disposing of garbage and refuse and location of
approved solid waste receptacles.
(12)
Detailed description of maintenance procedures and ground supervision.
(13)
Details as to whether all of area will be developed or a portion at a time.
(14)
Density intensity regulations in compliance with Table B, residential.
(15)
Compliance with the required number of off-street parking spaces.
(16)
All private streets shall be a minimum of 28 feet wide and constructed in accordance
with the public improvements criteria manual. The layout of such private streets shall
be subject to approval by the fire chief, to ensure adequate emergency access.
(17)
All manufactured housing shall have a minimum frontage of 20 feet on public or
private streets.
(18)
Perimeter fences required: Minimum six feet in height, opaque material.
(g)
Density bonus. Within single-family residential developments, a maximum of ten percent
reduction in square feet of site area per unit for residential developments of 20 units or more
shall be permitted as a conditional use based upon the following bonus features and square
foot reduction:
Bonus FeatureSquare Foot Reduction
Per Unit
(1)Major outdoor recreational facilities such as swimming 250 square feet
pools, tennis courts or similar facilities requiring a
substantial investment.
(2)Designation of developed open space for semipublic 100 squar feet
e
use adjacent to designated public greenway corridors
equal to an additional 100 squarefeet per unit.
(3)
All required developed open space must be operated and maintained by a
homeowners association, subject to the conditions established in sections 106-676
through 106-679, with all documentation required to be submitted for filing in
conjunction with the final plat.
(4)
The density bonus shall only be permitted per designated open space or major
outdoor recreational facilities in excess of the requirements established in section
12.00 et seq., of the development ordinance number 1444, on file in the city
secretary's office, including the credit given in section 12.02 for land dedicated by a
developer within a development or subdivision for compensating open space on an
acre per acre basis.
(h)
Bed and breakfast (as defined in sections 106-1 and 106-744):
(1)
Bed and breakfast shall be operated in accordance with the bed and breakfast and
home occupation requirements of section 106-749.
(2)
Additional required parking shall not be provided in any required front or side yard.
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EXHIBIT G
(3)Bed and breakfasts shall comply with the boardinghouse requirements of the currently
adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101).
(i)
Additional multifamily regulations.
(1)
Screening. A ten-foot opaque screen consisting of a combination of shrubs, fencing,
and/or masonry wall must be created between multifamily residential developments
adjacent to single-family residential developments.
a.
Location. The required screen shall be located within the first ten feet of the
building setback adjacent to the single-family residential district.
b.
Planting. At the time of planting, the shrubs must be between four to six feet tall
and create an opaque screen within one growing season.
i.
All shrubs must be approved by planning department officials.
(2)
Fencing. Every multifamily development within the city shall have a perimeter fence
located along all sides abutting or facing the right-of-way, as well as along all sides
abutting or facing single-family residential developments.
a.
Construction, maintenance of fence or wall. Every fence or wall herein shall be
constructed and maintained as follows:
i.
All fences shall be constructed of wood, masonry, or wrought iron.
ii.
All fences or walls shall extend downward to within three inches of the
ground and shall test plum and square at all times.
iii.
All fences or walls shall be constructed in compliance with all applicable
provisions of the building code of the city.
b.
Gates at openings in enclosure. Openings in the prescribed enclosure which
are necessary to permit reasonable access to said multiple-family development
shall be equipped with a gate or gates, constructed and maintained in
accordance with the requirements for a fence or wall set forth in this section.
(3)
Recreational areas, facilities, and open space.
a.
The open space requirements for townhouses, quadruplexes and multifamily
developments shall include a combination of the following:
i.
Trails,
ii.
Playgrounds (except in the case of "Senior Only" developments),
iii.
Clubhouses, and/or
iv.
On-site detention pond areas (Playgrounds are not to be located in the
detention pond areas.).
(4)
Controlled access gates, if utilized:
a.
Shall be constructed set back from the street far enough to prevent traffic
congestion from any vehicle traveling on the right-of-way adjacent to such
controlled access gate, and
b.
Must provide 24-hour access to emergency vehicles, including fire department,
EMS, police department and utility company vehicles.
(j)
Group care facilities that provide food and shelter to three or fewer persons (aka community
homes, residential personal care homes, living centers, assisted living centers and similar
uses as identified in SIC Industry Group #836 (Residential Care), Industry #8361).
(1)
Location: Facilities shall be permitted as a use-by-right in R-1 low density residential,
R-2 mid density residential, R-3 high density residential, MH manufactured housing
and LL large lot districts.
(2)
Distance requirement: Group care facilities shall not be closer than 1,000 feet to a
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EXHIBIT G
similar use (SIC Industry Group #836). Measurement shall be from the nearest
boundary of the sites on which they are located.
(3)
Signage: Group care facilities located within a residential neighborhood shall be
allowed to have one sign not exceeding two square feet in area, non-illuminated and
mounted flat against the wall of the principal building.
(4)
Visual compatibility: There shall be no change in the outside appearance of the
building or premises. No structural alterations shall be permitted that will cause the
group care facility to be substantially distinguishable from other surrounding
residential properties.
(5)
Registration requirement: Facilities shall comply with all city regulations and register
their facility with the city annually by obtaining a group care facility certificate. The
certificate cost shall be at the rate established in appendix A, fees, of this Code, shall
st
expire on December 31 of each year. Such fee shall be payable to the city on or
th
for the next succeeding calendar year. The fee provided for in
before December 15
this article shall not be subject to proration or reduction for payment for a period of
less than 12 calendar months. Operation of a facility without first having obtained the
required certificate shall be deemed a violation this article.
(6)
Payment of taxes: All ad valorem taxes on any and all property, personal or real,
necessary to the operation of the facility must be paid prior to the issuance or renewal
of the certificate.
(7)
Display of registration certificate: Every facility so registered shall display an active
registration certificate in a conspicuous place, within the facility common area, so as
to be easily seen by the public.
(8)
Access to the facility: City personnel shall have right-of-entry to ensure safe
habitability and public safety. City personnel shall advise on-site facility personnel of
the purpose of their visit.
(9)
Annual inspection: The fire marshal's office shall perform a minimum of one annual
inspection for each group care facility. Facilities shall comply with all applicable city
codes, ordinances, policies and regulations.
(k)
Facilities shall be in compliance with state regulations pertaining to group care facilities. To
ensure compliance with state regulations, a copy of the facility's active state license shall be
provided to the city, when requested by city staff.
(Ord. No. 1501-X, § 5, 12-16-96; Ord. No. 1501-JJ, § 6, 10-14-02; Ord. No. 2009-3173, § 1, 8-24-09; Ord. No.2012-
3406, § 4, 3-26-12)
Cross referenceÏ
Construction or expansion plans for mobile home parks requirements, § 98-91.
Secs. 106-335Ï106-350. Reserved.
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CityofLaPorte,Texas
PlanningandZoningCommission
June19,2014
AGENDAITEM5
Discussionorotheractionregardingcurrentandpotentialprovisions
relatedtohotels/motels
9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ
tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ
/źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ
PlanningandZoningCommissionRegularMeeting
June19,2014
CurrentandPotentialProvisionsforHotels/Motels
PlanningandDevelopmentDepartment
StaffReport
ISSUE
ShouldthePlanningandZoningCommissionrecommendmodificationstotheexisting
hotel\\motelregulationstoachieveseparationbetweencomplexesandamendthe
distancerequirementsbetweencomplexesandresidentialuses?
RECOMMENDATION
Nostaffrecommendationatthistime.
DISCUSSION
ThePlanningandZoningCommissiondiscussedthisitemattheMay15,2014,meeting.
TheattachedExhibitAisthestaffreportpresentedtotheCommissionatthatmeeting.
Staffisbringingthisitembacktoconfirmthe/ƚƒƒźƭƭźƚƓƭrecommendationtotheCity
CouncilconcerningpossiblemodificationstotheĭźƷǤƭregulationsconcerning
hotel/moteldevelopment.Thefollowingisalistofthe/ƚƒƒźƭƭźƚƓƭrecommendations
basedonthediscussion:
1.TheCommissionexpressedconcernwithimposingdistancerequirements
betweenhotel/moteldevelopmentsashotels/motelsproviderevenuetothe
Cityandalsoencouragesupportusesaroundthem,includingrestaurants.
2.ProtectionofresidentialwastheprimarygoalexpressedbytheCommission.The
CommissiondiscussedmodifyingFootnote4fromͻğķƆğĭĻƓƷƷƚͼtoͻǞźƷŷźƓ250
ŅĻĻƷ͵ͼThiswouldrequireanyhotel/moteldevelopmentswithin250feetofany
residentialdevelopmenttobereviewedasaconditionaluse,therebyrequiring
publichearingsbeforethePlanningandZoningCommissionandCityCouncil.
3.BecauseusesintheGCzonedistrictareallowedinindustrialzonedistricts,
ensurethatthesameresidentialproximityandconditionaluserequirementbe
requiredforhotels/motelsthatmaydevelopwithinindustrialdistricts.
OneitemdiscussedbytheCommission,whichwasintroducedbyCommissionerHoot,
wasimplementingcertaindesignrequirementsincludingminimumceilingheightsor
roomsize.Theideabehindthesedesignrequirementswouldbetoencourageabetter
hotel/motelproductandassistinfuturetransitionsifastructurewaseverboughtand
sold.StaffisseekingdirectionfromtheCommissionifthisisadesiredobjectiveandifso
1
PlanningandZoningCommissionRegularMeeting
June19,2014
CurrentandPotentialProvisionsforHotels/Motels
howtheCommissionwouldlikethisimplementedandwhatdesignrequirementsshould
beconsidered.
ATTACHMENTS
ExhibitA:May15,2014StaffReport
2
EXHIBIT A
Staff ReportMay 15, 2014
Hotel/Motel Regulations
Discussion Item
ISSUE
Should the Planning and Zoning Commission recommend a change to the existing Hotel
Motel regulations to achieve separation between complexes and amend the distance
requirements between complexes and residential uses?
RECOMMENDATION
No recommendation for this item.
DISCUSSION
During the April 14, 2014 meeting of City Council, the department was asked to examine
the location and placement standards of hotels and motels. A presentation of existing
hotel/motel units was presented along with the regulatory structure currently applicable
thereto in our Zoning Ordinance, Chapter 106.
The expressed concern related to the distance between hotel/motel complexes and if it
would be appropriate or not to enact a distance requirement similar to the one for multi-
family complexes. Additionally, concern was expressed regarding the distance to single
family residential structures and subdivisions. Council voted to remand the subject to the
Planning and Zoning Commission for study and potential recommendation, if any. The
subject is placed on the agenda for discussion only at this point.
Attached is the backup data provided to City Council as well as the distance provisions
for multi-family construction.
Exhibit 1: Agenda Request to City Council
Exhibit 2: Map of Hotel/Motel complexes in La Porte
Exhibit 3: Section 106-441 table
Exhibit 4: Section 106-443 table (bCode of Ordinances
EXHIBIT A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 14, 2014 Appropriation: N/A
Requested By: Tim Tietjens Source of Funds: N/A
Department: Planning Account Number: N/A
Report: _X__ Resolution: ___ Ordinance: ___Amount Budgeted: N/A
Amount Requested: N/A
Exhibits
:
Area mapwith list of current hotels/motels
Budgeted Item: N/A
Section 106-441, Table A and footnote 4
Section 106-443, Table B and footnote 9
_____________________________________________________________________________________________
SUMMARY
Concern has been expressed regarding the location and placement standards of hotels and motels
in La Porte. In response to these concerns, the Planning Department has assembled a listing and
map of hotel/motels currently within La Porte as well as the regulatory provisions within our
Zoning Ordinance, Chapter 106 for your review and input.
Attached are the current provisions of the Code of Ordinances Section 106-441, Table A,
Commercial uses, which regulates hotels and motels. You also may recall that when placement is
abutting residential zones, our standards require a conditional use permit. As well, Section 106-
443 Table B footnote 9, includes an additional height limitation of 30 feet for any structures
within 120 feet of residential property.
This workshop is intended to solicit ideas and concepts for how best to regulate the hospitality
industry while accommodating tourist and business travelers.
______________________________________________________________________________
Action Required by Council:
Provide staff with direction regarding current and potential provisions of the ordinances related
to hotels/motels.
______________________________________________________________________________
Approved for City Council Agenda
_______________________________ _______________________
Corby D. Alexander, City Manager Date
EXHIBIT A
LA PORTE HOTELS & MOTELS
APRIL 2014
1 inch = 1,000 feet
LEGEND
J
HOTEL_SITE
1000' RADIUS
CITY LIMITS
ZONING DISTRICT
GC - GENERAL COMMERCIAL
R1 - LOW-DENSITY RESIDENTIAL
LLD - LARGE LOT RESIDENTIAL
14
10
J
J
8
15
J
J
11
2
JJ
J
6
7
J
J
9
5
4
J
J
J
3
12
J
J
13
1
J
EXHIBIT A
Subpart B - LAND USE REGULATIONS
Chapter 106 - ZONING
ARTICLE III. - DISTRICTS
DIVISION 3. - COMMERCIAL DISTRICT REGULATIONS
Subdivision I. Generally
Dog grooming * * P(H) P
Drugstores (591) * P P P
Eating and drinking places (5813) C * P P
Eating places (5812) C P P P
Electric, gas and sanitary services (491, 4923, 493, 494, 4952) * P P P
Engineering, architectural, accounting services (871872) * P P P
Food stores, general (541, 542, 544, 545, 549) * * P P
Freestanding on-premises signs. See article VII of this chapter
Governmental and public utility buildings (911922, 9631, 4311) C * P P
Grocery, fruit and vegetable stores (542, 543) * P P P
Hardware stores (525) * P P P
Home furnishing stores (571573) * * P P
Hotels and motels (701, 7032, 704) C * P 4 P 4
44
Hotels and motels (701, 7032, 704)*
C
PP
Hospitals, laboratories (806809) * * P C
Insurance, real estate, legal, stock and commodity brokers, agents (641679) * P P P
Laundry (plants) (72167219) * * P *
Membership organizations (861869) * * P C
Miniwarehousing (4225) * * C *
La Porte, Texas, Code of Ordinances Page 3
EXHIBIT A
Subpart B - LAND USE REGULATIONS
Chapter 106 - ZONING
ARTICLE III. - DISTRICTS
DIVISION 3. - COMMERCIAL DISTRICT REGULATIONS
Subdivision I. Generally
Video rental and sales shop * P P P
Parking ramps and structures C P P C
Commercial PUD (Refer to * C C C
section 106-636
Outdoor sales as a primary or accessory use * * P(C, G) P
Outdoor storage as a primary or accessory use C * P(B) P
Off-site parking C C C C
Off-street loading C C C C
Joint parking C C C C
Drive-in or drive through facilities as an accessory or principle use C C C C
Kennels, boarding (0752) * * C C
Kennels, breeding (0279) * * C C
Unlisted uses, similar to uses listed above C C C C
1
Within the overlay portion, residential activities are only allowed above the first floor.
2
Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.)
3
Single family detached prohibited in main street overlay zone, but permitted in main street district.
4
4
Hotels and motels are a conditional use under this chapter when adjacent to residential zoned properties
Hotels and motels are a conditional use under this chapter when adjacent to residential zoned properties Hotels and motels are a conditional use under this chapter when adjacent to residential
zoned properties
(R-1, R-2, and R-3 zoning districts).
(R1, R-2, and R-3 zoning districts).
-
(Ord. No. 1501-JJ, § 7, 10-14-02; Ord. No. 1501-AAAA, § 6, 10-11-04; Ord. No. 1501-MMMM, §
6(Exh. F), 4-25-05; Ord. No. 1501-X5, § 6(Exh. F), 7-23-07)
La Porte, Texas, Code of Ordinances Page 5
EXHIBIT A
Subpart B - LAND USE REGULATIONS
Chapter 106 - ZONING
ARTICLE III. - DISTRICTS
DIVISION 3. - COMMERCIAL DISTRICT REGULATIONS
Subdivision I. Generally
Sec. 106-442. Interpretation and enforcement.
Property uses, except as provided for by section 106-441, Table A, are prohibited and constitute a
violation of this chapter.
Sec. 106-443. Table B, commercial area requirements.
(a)
Table B, Commercial area requirements.
Uses Minimum Maximum Minimum Adjacent to Maximum Bldg.
Maximum
Landscaping Lot Yard Residential Height Design
Height
98
Required Coverage Setbacks Minimum (feet) Standards
9
(feet)9
5
F.R.S. Yard
1, 3, 4, 6, 7
Setback
F.R.S.
2, 6
R-3 uses (permitted) 6% Density Intensity Regulations Specified in Table
9
except residential single-
B, area requirements,
section 106-333
family, detached and
special lot, duplexes,
quadruplexes,
townhouses, and
multifamily
CR Comm. Recreation
Dist.; all permitted or
conditional
NC Neighborhood Comm.; 6% 50% 20-10-0 20-10-10 N/A 9
all permitted or
conditional
GC General Comm.; all 6% 40% 20-10-0 20-20-10 N/A 9 100%
8
permitted or conditionalmasonry
Outside sales or services N/A N/A 5-5-5 Same as N/A
principle
La Porte, Texas, Code of Ordinances Page 6
EXHIBIT A
Subpart B - LAND USE REGULATIONS
Chapter 106 - ZONING
ARTICLE III. - DISTRICTS
DIVISION 3. - COMMERCIAL DISTRICT REGULATIONS
Subdivision I. Generally
8 a) Minimum exterior wall standards shall be 100 percent masonry or glass. Front and side
walls, which may be seen from any public thoroughfare, excluding doors, windows, and
window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels.
b) Existing buildings shall also conform to this requirement upon expansion of over one-third
of an area of improvement/development.
c) In case of structural damage to the front of the building due to fire, flood or other reasons,
and the cost of redevelopment is in excess of 50 percent of the value, the structure shall
conform to the above requirements.
These provisions shall apply to all new developments and buildings located adjacent to
and along the following thoroughfares, roadways, and collector streets: State Highway 146;
State Highway 225; Fairmont Parkway; West Main Street; Spencer Highway; Barbour's Cut
Boulevard; North and South Broadway Streets (Old Highway 146); Underwood Road; Bay
Area Boulevard; Sens Road; Canada Road; and East Main Street.
The following are exempt from the above requirements, unless otherwise required by
applicable building codes.
i) Any pre-existing building that contains a single business or multiple businesses and
has a footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site
or parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise business with an established theme.
9 Maximum allowable height for structures within all commercial zoned properties, (including R-2
and R-3 uses therein) located within 120 feet of R-1 and LL zoned properties is 30 feet.
(Ord. No. 1501-X, § 5, 12-16-96; Ord. No. 1501-JJ, § 7, 10-14-02; Ord. No. 1501-AAAA, § 6, 10-11-
04; Ord. No. 1501-FFFF, § 7(Exh. F), 2-28-05; Ord. No. 1501-K-5, § 6(Exh. F), 12-11-06; Ord. No.
1501-C6, § 6(Exh. F), 5-19-08)
Sec. 106-444. Special use performance standards.
(a) Required screening.
(1) Planting strip. A planting strip shall consist of evergreen groundcover, and shall be of sufficient
width and density to provide an effective screen. The planting strip shall contain no structures or
other use. Such planting strip shall not be less than six feet in height. Earth mounding or berms
may be used, but shall not be used to achieve more than two feet of the required screen.
(2) Standards.
a. Width of planting strip: Four feet.
b. Type of planting: Evergreen.
c. Size of plants: Minimal height of four feet at time of planting. Must reach a height of six feet
within two years.
La Porte, Texas, Code of Ordinances Page 8