HomeMy WebLinkAbout11-16-1989 Reconvened Public Hearing and Regular Meeting
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MINUTES OF
PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 16, 1989
Members Present: Chairman Janet Graves, Commissioners Bobby
Blackwell, Eugene Edmonds, Lola Phillips, Inge
Browder, Charles Boyle.
Members Absent: Commissioner Jack Gresham
City Staff: Director of Community Development Joel H.
Albrecht, City Inspector Mark Lewis, Community
Development Secretary Nina Browning, Assistant
City Attorney John Armstrong
Others Present: Edward Cook, Dick Hayes, Ron Lyle, Architect
for the La Porte Independent School District
1) CALL TO ORDER
• Meeting was called to order by Janet Graves at 7:03 PM.
2) APPROVAL OF MINUTES OF NOVEMBER 2, 1989 MEETING.
A motion was made by Charles Boyle and seconded by Lola
Phillips to approve the minutes of the November 2, 1989
meeting as submitted. All were in favor and the motion
passed.
3) RECONVENED PUBLIC HEARING ADJOURNED ON NOVEMBER 2, 1989 ON THE
SPECIAL CONDITION USE PERMIT 89-009, A REQUEST BY THE LA PORTE
INDEPENDENT SCHOOL DISTRICT FOR THE PURPOSE OF CONSTRUCTING
AN ADDITION TO THE BAYSHORE ELEMENTARY SCHOOL, LOCATED AT 301
BAY OARS DRIVE.
Mr. Albrecht stated that since this was reconvened from the
last meeting at the request of the Planning & Zoning
Commission for additional information from the school, it
might be appropriate for the school to present this
information first. Mr. Albrecht brought the Commission up to
date on the purpose of the recess, which was to allow the
School District to develop options with which to meet the
following concerns:
1) Additional required parking
2) Inadequate rear setback of the proposed west wing and
resulting neighborhood concerns.
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• Planning & Zoning Meeting
Minutes of 11-16-89
Page 2 of 8
Mr. Hayes of the La Porte Independent School District stated
that they had met with the Architect for the additions to be
made at the school. In order to satisfy the objections and
construct the proposed improvements in a manner which would
minimize any inconvenience, the LPISD is prepared to take the
following actions:
1) Construct the proposed building no closer than
approximately 12.7 feet from the north property line of
the residence at 608 Fairfield Drive, Shoreacres, Texas;
2) Construct for the property owner, at the expense of the
school district, a six foot (6') cedar fence on the rear
property line, and on the east property line to the front
set-back line;
3) The school district will install and operate a mercury
vapor or sodium security light to be mounted on the new
building at a point near the center of the rear property
line, for security purposes;
4) The district will landscape the area between the property
• owner's east boundary and the proposed parking lot to
meet or exceed the code of the City of La Porte since the
City of Shoreacres has no landscaping requirements.
The district has investigated with its architects and
mechanical engineers the possibility of relocating the current
classroom expansion and the parking lot to the east side of
the existing building. The district has been advised that
the relocation of the proposed classrooms would require a
major redesign of the existing mechanical configuration within
the building. Additionally, the flow of students to the
library, offices, and specialty instructional areas would
become restricted. The relocation of the parking facility
would prohibit an orderly flow of goods to the loading dock
of the new cafeteria.
At this point, Mrs. Graves asked Ron Lyle, the architect, why
the 20 foot set-back could not be met as required in the
Zoning Ordinance. Mr. Lyle stated that the circulation system
that is currently in place within the existing building
suggests that there is an exit that exists that is one
classroom deep within the building. To continue to use this
system that is currently in place and extend that as we are
doing, we have turned the classrooms and moved them as tightly
on that access way as we can, but we are maintaining a current
® access pattern within that building and if we choose to
® •
• Planning & Zoning Meeting
Minutes of 11-16-89
Page 3 of 8
address it in some other manner we will be creating some dead
end corridor space, which could possibly create some other
hazards within the exiting requirements of the building.
Mr. Edward Cook, 608 Fairfield, Shoreacres, addressed the
Commission in opposition of the additions being made on the
west side of the school instead of the east side. His main
concern is the security and the fact that a cedar fence would
blind any view from his backyard. He also stated the drainage
problem was a concern of his, as the water has trouble
draining from the property as it is now without the additions.
4) CLOSE PUBLIC HEARING - 7:20 PM.
5) CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST NO. 89-009.
Mr. Albrecht stated that the Commission might want to get some
comments from Mr. Cook on the proposals presented by the
school to help satisfy this matter in the best interest to
both parties.
• Commissioner Edmonds ask that Mr. Cook give his feelings on
the fencing, security light, and items proposed by the school
district. Mr. Cook said if everything came to where the
school would not alter the design and move it to the east, and
he had not choice, he would want a 6' cyclone fence. He said
he had no comments on the other items proposed.
The purpose of the recess was an attempt to allow the school
district to develop options that meet requirements of the
zoning ordinance. In staff's opinion, the proposed location
of the additional parking area is satisfactory and subject to
development of landscape buffers, satisfies the requirements
of Sections 5-800 (Special Use Performance Standards) and 10-
609 (Required Parking).
A variance will still be required to allow the proposed 12'8"
setback. The granting of this variance should be considered
as a condition for approval of this request. An application
has been made to the Board of Adjustment for a special
exception and will be reviewed at the November 30th meeting.
The other condition which staff would ask the Commission to
consider is a requirement for the approval of landscape plans
by the Director.of Community Development.
Mr. Albrecht stated the Board had several options to consider
• in the disposition of this request. They are as follows:
® •
• Planning & Zoning Meeting
Minutes of 11-16-89
Page 4 of 8
1) Recommend approval of the request, (as proposed or with
additional/amended conditions.)
2) Recommend denial of the request.
3) Table request for further consideration at a future date.
BRE10iR 7:50 - 8:00 PM.
Chairman Janet Graves called the meeting to order and ask for
a motion on the Special Conditional Use Permit (SCUP).
Commissioner Edmonds made a motion to approve the SCU Permit
89-009 with the conditions as discussed. The conditions being
as follows:
(1) a 6' cyclone fence placed along the north and east side of Mr.
Cook's property,
(2) landscaping between Mr. Cook's north property line and the
school building,
• (3) landscaping between Mr. Cook's property and the proposed
parking lot,
(4) a security light placed on school property lighting the area
between Mr. Cook's property and the school building,
(5) the rear setbacks as in accordance with the ordinance or as
approved by the Board of Adjustments.
This motion was seconded by Bobby Blackwell. The vote was 5
in favor with Charlie Boyle opposing, motion passed.
Mr. Albrecht stated for the Board information that this
request will be appearing of the Board of Adjustment agenda
for November 30th and the City Council agenda, December 11th.
6) DISCUSS ITEMS BEING CONSIDERED AS PART OF THE 1989 ANNUAL
REVIEW OF ZONING ORDINANCE 1501.
Mr. Albrecht recapped the items discussed and approved by
straw vote at the November 2nd meeting. Next the items that
were to be brought back for review and new items were
discussed.
Section 5-800. Special Use Performance Standards regulating
• "animal production" as a primary use. Staff would suggest the
following amendment: The keeping of livestock or foul for the
purpose of breeding for sale whether engaged in as a primary
• •
Planning & Zoning Meeting
® Minutes of 11-16-89
Page 5 of 8
or accessory activity shall be considered a Conditional Use
as specified by Section 5-600, Table A. Approved by a straw
vote.
Section 11-600. Board of Adjustments - Proposed to be amended
to add alternate members to Board of Adjustments membership.
Staff would suggest amending this section as follows (amended
wording is bold print):
11-601 Organization - There is hereby created a Board of
Adjustments consisting of five (5) regular members and two (2)
alternate members who are citizens of the City of La Porte and
who are not members of the City Council or the City Planning
and Zoning Commission.
Should it be necessary to seat an alternate member in order
to establish a quorum, the Chairman shall choose the alternate
member(s) in accordance with the rules of procedure to be
adopted by the Board in accordance with requirements of
Section 11-602 of this ordinance. Approved by straw vote.
Mr. Albrecht at this time proceeded to go over the items
• concerning the "open and outdoor sales" on Table A as
Conditional in General Commercial zones. In an effort to
eliminate the "red tape" the staff would suggest the following
amendment to Table A: Outdoor storage as a primary or
accessory use - not permitted in NC or GC. Outdoor sales as
a primary or accessory use would be permitted in GC with
conditions. Mr. Albrecht stated that this would eliminate the
Conditional Use Permit for outdoor sales in General Commercial
zones and substitute a "permitted with conditions" format.
The result of this approach would be to .simplify the approval
process for business while also freeing the Commission and
Council from involving themselves in what are really
relatively minor matters. Approved by straw vote.
Staff would suggest the following amendments to the Special
Use Performance Standards of Section 6-600:
C. Outdoor SalesfService: (Amended listing):
2. A landscape buffer shall be maintained between all
outdoor sales and service areas and adjacent public
rights-of-way. Landscape buffers shall be designed
in accordance with the requirements of Section 6-
600.G.
n
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® Planning & Zoning Meeting
Minutes of 11-16-89
Page 6 of 8
G. Landscape Buffers (new listing)
Landscape buffers shall be a minimum of four feet in
width. Plantings shall consist of trees and low
evergreen shrubs. Planting plans shall be approved by
the Director of Community Development or his duly
appointed representative. Approved by straw vote.
Section 10-604.8.b (pgs. 75,76
Staff would request an amendment to the wording of this
paragraph for purposes of clarifications. The suggested
wording is as follows:
"... each twenty-two.(22) inches of such seating facilities
shall be counted as one (1) seat for the purpose of
determining parking requirements. Approved by straw vote.
Section 10-605.10 Design Standards (pcrs. 80,81)
As a means of improving public safety while still satisfying
• the aesthetic concerns of the Zoning Ordinance, staff would
suggest the following:
A landscape buffer shall be maintained between all open, non-
residential off-street parking areas of five (5) or more
spaces and abutting residential district.
Landscape buffers shall be a minimum of four (4) feet in
width. Planting should consists of trees and low evergreen
shrubs. Planting plans shall be approved by the Director of
community Development.
These standards would supplement rather than replace the
current screening requirements. Existing screening standards
would remain applicable to manufactured housing, parks and
subdivisions as well as to exterior storage yards. Approved
by straw vote.
Section 10-900 Tree Preservation (pgs. 88,891:
Staff would suggest amending the "Prohibited Conduct"
paragraph of this section as follows:
•
• Planning & Zoning Meeting
Minutes of 11-16-89
Page 7 of 8
It shall be unlawful for a person to cause or permit the
destruction of any native tree which is located within
fifteen (15) feet of any street right of way line or
easement line abutting the required front yard or within
ten (10) feet of any street right of way line or easement
line abutting a required side yard....
As a means of enforcing the tree preservation provisions of
the ordinance, staff would also suggest the following:
No person, firm or corporation desirous of developing or
improving any parcel of property, shall remove or cause the
removal of any tree from said property without first
submitting a tree survey for review and approval by the
Director of Community Development or his duly appointed
representative.
Tree surveys shall include the following information:
1) Location, species and size of all trees with a trunk
diameter of six (6) or more inches as measured at
a point eighteen (18) inches above adjacent grade.
• 2) Location of all trees which are to be removed.
Approved by straw vote.
Section 11-507 .Amendment Procedure (pcts. 100,101,
For purposes of clarification, staff would suggest the
following wording:
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 at least
twenty percent (20~) of either:
a) The area of the lots or land covered by the proposed
change; or
b) The area of the lots or land immediately adjoining the
area covered the proposed change and extending two
hundred (200) feet from that area,
such amendment, supplement, change, modification of repeal
shall not become affective except by the favorable vote of
three quarters (3/4) of all the members of the City Council.
In staff's opinion this language (taken from state law)
clarifies the method of computing the area of land from which
protesting may be filed. Approved by straw vote.
® •
• Planning & Zoning Meeting
Minutes of i1-16-89
Page 8 of 8
Heavy Commercial: After much discussion by the Commission it
was decided to put this particular item on hold and re-open
at a later date. All members were in agreement and the item
was put on hold for the present time.
Mr. Albrecht stated that he felt a .Public Hearing was ready
to be called and could be held on December 7, 1989. This was
agreed upon by the Commission.
7) ADJOIIRNMENT
There being no further business a motion was made by Charlie
Boyle and seconded by Bobby Blackwell to adjourn. All were
in favor. Meeting adjourned at 9:25 PM.
Respectfully submitted,
Nina Browning, Secreta
• Community Development
Minutes approved on the ~ day of December, 1989.
Janet Graves, Chairman
Planning & Zoning Commission
neb/i1-17-89
SPECIAL CONDITIONAL USE PERMIT REQUEST SCUS9-009
BAYSHORE ELEMENTARY
..
CITY OF LA PORTE
RECEIVED
OCT 1 2 '1989
CODE ENFORCEMENT.
APPLICATIori FOR
SPECIAL CONDITIONAL USE PERMIT
----------------------------------------------------------------------
OFF ICE USE 0 l~ L Y :
Fee: $100.00
App 1 ic at ion No. :~c..j7.:{ - cx;<?
Date Received:
Receipt No.:
/,//)1. .
,
Certified Plans Submitted:
( ) General Plan () Major Development Site Plan
( ) Minor Development Site Plan () Preliminary Plat
----------------------------------------------------------------------
Person Making Request:
Richard F. Havs
Hailing .Cl.ddress: 301 E. Fairmont Pkwy.
City/State:
La Porte, TX 77571
Phone: 471-2513
BUSINESS NAHE: LA PORTE INDEPENDENT SCHOOL DISTRICT
PROPERTY ADDRESS:
301 Bav Oaks
LEGAL DESCRIPTION:
L-f9 ,,! ii/I, YJ. Lf5 I-rz. d-/J/k.Li
BAYSHORE ELEMENTARY SCHOOL 13-" o~ 1..' >~h'/'''lf'_.
ZONE:
SIC USE CATEGORY:
TYPE OF BUSINESS:
Public Education
10/11/89
Date
/
gent
OFFICE USE ONLY
Date of P & Z Public Hearing:
;!/CI J z..
Recommendation: Y or N
Date of City Council Meeting:
Zone: ,I<. -I
Approved: Y or N
This application is:
Approved
Permit fJ
Denied ( )
CLP JOB IJ
(If Assigned Yet)
Conditions:
Date
Zoning Administrator
CED/1-187
4,
SPECIAL CONDITIONAL USE PERMIT REQUEST #scu89-009
SUPPLEMENTAL REPORT
REQUESTED FOR:
Bayshore Elementary School,
Drive.
301 Bay Oaks
NOTE:
The original staff report regarding this request
attached for reference.
is
BACKGROUND AND ANALYSIS:
The Planning and Zoning Commission's November 2, 1989,
Public Hearing regarding Special Conditional Use Permit request
SCU89-009 was recessed to be reconvened on November 16, 1989.
The purpose of this recess was to allow the School District to
develop options with which to meet the following concerns.
1. Additional required parking.
2. Inadequate rear setback of the proposed west wing and
resulting neighborhood concerns.
The school's original proposal indicated seventy seven (77)
parking spaces (see Exhibit A). Based on the School District's
projection of an ultimate enrollment of seven hundred and twelve
(712) students and a staff of fifty two (52), a total of 98
parking spaces will be required.
Exhibit B indicates the location of the additional twenty
one (21) required parking spaces. Staff would recommend a
landscape buffer with a planting plan to be approved by the
Director of Community Development, be placed around the outer
perimeter of these parking areas.
In staff's opinion, the proposed location
parking area is satisfactory, and subject
landscape buffers, satisfies the requirements
(Special Use Performance Standards) and
Parking) .
of the additional
to development of
of Sections 5-800
10-609 (Required
The issues of the west wing setback and neighborhood
concerns have also been addressed by the School District.
As originally proposed, the west wing would have a rear
setback of slightly over seven feet, 8 inches (7.7 ft.). This
distance falls short of the required twenty (20) feet and would
place the rear wall of the school very close to the rear yard of
an adjoining home (see Exhibit A). The home owner has expressed
concern regarding potential security problems which he foresees
as a result of the addition.
, SCU89-009
SUPPLEMENTAL REPORT
PAGE -2-
In an effort to address these issues, the School District is
proposing to increase the rear setback to approximately t~elve
feet, eight inches (12.7 ft.). This increased setback area (see
Exhibit B) is to be gated at each end to prevent unauthorized
entry. Additionally, in order to make this area as visually
attractive as possible, the school is proposing to landscape the
enclosure.
It is the Commission's charge to determine ~hether or not
the School District's amended proposal is an adequate means of
satisfying neighborhood concerns.
A variance ~ill still be required to allo~ the proposed t~elve
foot, eight inch setback. The granting of this variance (~hich
~ill be considered by the Zoning Board of Adjustments) should be
considered as a condition for approval of the requested Special
Conditional Use Permit.
The other condition ~hich staff ~ould ask the Commission to
consider is a requirement for the approval of landscape plans by
the Director of Community Development.
CONCLUSION:
Subject to meeting the follo~ing conditions, this request
appears to be eligible for a Special Conditional Use Permit.
1. A variance allo~ing the proposed 12.7 foot ~est ~ing
rear setback must be granted by the La Porte Zoning
Board of Adjustments.
2 .
Landscape buffer plans shall be approved
Director of Community Development.
by the
OPTIONS:
I. Recommend approval of the request.
A. As proposed
B. With additional or amended conditions
II. Recommend denial of the request
I I I .
Table request for further consideration at a future
date.
NOTE:
Should the Commission choose to table the
request, a second public hearing is not
required prior to acting on this request.
The commission is, ho~ever, obligated to
for~ard its findings and recommendation to
City Council ~ithin fifteen (15) days of the
close of the Commission Public Hearing.
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Special Conditional Use Permit Request SCU89-009
Requested For: Bayshore Elementary School
Location: 301 Bay Oaks Drive (See Exhibit A)
Legal Description: Lt 9 of Blk 3 & Lots 1-12 of Blk 4; Bay Oaks
Subdivision
Zoning: R-l, Low Density Residential
Requested by:
La Porte Independent School
represented by Mr. Richard F. Hays
District
Background:
The La Porte Independent School District is requesting a
Special Conditional Use Permit to allow the expansion of the
Bayshore Elementary School (See Exhibit B). Section 5-600, Table
A of Zoning Ordinance 1501 designates public and private
educational institutions (SIC 8211) a Conditional Use within R-l
Zones. A Conditional Use Permit for the construction or new
schools or, as in this case, the expansion of existing
facilities.
The proposed expansion is to consist
the east, an approximately 9170 square foot
an approximately 9150 square foot wing.
accommodate a new library, cafetorium
rooms.
of two additions: to
wing and to the west,
The new wings will
and several new class
Section 5-700,
setback requirements
Table B designates the following minimum
for educational facilities:
Front:
Rear:
Side:
30 Ft.
20 Ft.
10 Ft.
Both wings meet front and side setback requirements. The
east wing meets rear setback requirements. The west wing, as
indicated on Exhibit B, does not meet rear setback requirements.
This item will be discussed in the analysis section of this
report.
~
SCU89-009, Report
Page 2
The follo~ing specific conditions and standards apply to
this type of Conditional Use.
I. Section 5-800 Special Use Performance Standards:
A. Required Screening
B. Traffic Control
C. Compatibility ~ith Surrounding Area
D. Required Licenses Obtained
E. Compatible Alterations & Adequate Parking
F. Manufactured Housing Criteria: Not applicable to this
request
G. Density Bonus: Not applicable to this request
II. Section 10-202 Conditions For Approval
A. That the specific use ~ill be compatible ~ith and not
injurious to the use and enjoyment of other property,
nor significantly diminish or impair values ~ithin the
immediate vicinity.
B. That the conditions placed on such use as specified in
each district have been met by the applicant.
C. That the applicant has agreed to meet any additional
conditions imposed, based on specific site constraints,
and necessary to protect the public interest and
~elfare of the community.
Analysis:
Regarding the Special Use Performance Standards of Section
5-800:
Required Screeninq: The Zoning Ordinance requires the
screening of private and public school parking facilities.
The school district is proposing to expand the
parking facilities at the Bayshore School (Parking
discussed in detail later in the report.) Screening
reguired around the ne~ parking area.
existing
~ill be
~ill be
In considering this issue, it must be noted that legitimate
concern has been expressed regarding safety and security problems
posed by the solid landscape screening currently required by the
Zoning Ordinance. Staff ~ould propose that rather than require a
solid screening ~hich ~ould completely shield the parking lots
from public vie~, the Commission recommend a landscape buffer
with a planting plan to be approved by the Director of Community
Development.
7
~
SCU89-009, Report
Page 3
Traffic Control: The Zoning Ordinance requires that traffic
generated by a use be channelized in a manner that will avoid or
minimize congestion on public streets, safety hazards and
excessive traffic through low density residential neighborhoods.
It further requires that a use not generate traffic in a volume
which exceeds the safe capacity' of the surrounding streets.
Traffic control plans must be approved by the Director of
Community Development.
In the case of Bayshore Elementary School, 'the Director has
deemed these conditions to be satisfied.
Compatibility with Surroundinq Area: The Zoning Ordinance
requires the architectural appearance and functional plan of
buildings and site to reflect the character of the surrounding
area and not be so dissimilar as to cause impairment of the value
of surrounding property. The ordinance further requires
compatibility with the existing and future planned use of the
surrounding area.
The school district has successfully endeavored to develop
and maintain an attractive campus at this location. Information
so far, received by staff indicates that the proposed addition
will blend well with the existing school facility.
The issue of the west wing's rear setback must
as indicated by Exhibit B, is approximately seven
noted in the background section of this report the
setback for an educational institution in a
Residential Zone is twenty (20) ft. The proposed
extend along the same seven ft. setback line.
be addressed,
(7) ft. As
required rear
Low Density
addition will
The City's Boprd of Adjustments is empowered to grant
(within certain prescribed limits) variances and special
exceptions to ordinance setback requirements. A variance will be
required in order to allow the rear setback proposed for the east
wing.
Staff would recommend that the granting of a variance by the
Board of Adjustment be considered as a condition of approval of
this request.
In terms of the future planned use of the area, the
Comprehensive Plan has designated this area for continued use as
a low density residential area. The presence of adequate school
facilities should serve to make the area more attractive for its
long term intended use.
<'
SCU89-009, Report
Page 4
Required Licenses Required: The Zoning Ordinance requires
that all necessary governmental permits and licenses be secured
and that evidence of such be placed on record ~ith the City.
As a state accredited school district, the La
Independent School District has met this requirement.
Porte
Compatible Alteration & Adequate Parkinq: Adequate on site
parking as required by Section 10-609 of the Zoning Ordinance
must be provided. Required front and side yards may not be used
for parking areas. Present parking areas are arranged in
conformance ~ith these ordinance requirements.
Section 10-609 requires parking based on the
formula.
follo~ing
10 spaces minimum
1 per each 20 students
+ 1 per staff member
Total
Based on the projected student enrollment and staffing
levels, the proposed total of seventy-five (75) parking spaces
will satisfy ordinance parking requirements.
Subject
requirements,
Section 5-800.
to
this
obtaining a
request will
variance
satisfy
to
the
rear setback
requirements of
Regarding the "Conditions for Approval" specified by Section
10-202:
In staff's opinion, by satisfying the performance standards
of 5-800 (subject to the conditions listed belo~), the school
district has demonstrated compatibility ~ith the surrounding
area. It is however, up to the Commission, based on public input
and its knowledge of the Comprehensive Plan, to make a
determination regarding this issue.
In regards to specific use zone requirements, in addition to
setbacks, the issue of utilities must be considered.
It has been verified that adequate water and fire protection
are available (or can be readily extended). However, as noted in
the preliminary report regarding annexation of the former BayMUD
area the capacity and condition of the area's sanitary sewer
system is an issue to be considered.
~
SCU-009, Report
Page 5
The project architect is calculating the total
sanitary sewer load which the expanded school will
Verification of adequate sanitary sewer capacity
considered as a condition of approval of this request.
additional
generate.
should be
Finally,
recommend the
regarding
following.
site specific
conditions,
staff would
1. A variance to the ordinance's rear setbacK requirements
must be obtained prior to issuance of a building permit
for this project.
2. A landscaped buffer, with a planting plan to be
approved by the Director of Community Development,
shall be developed between additional parking areas and
adjacent property lines.
3. The city engineer must certify the capacity of the
sanitary sewer system to accept the additional waste
water load to be generated by the Bayshore Elementary
addition.
Conclusion:
Subject to compliance with the above listed conditions, the
prerequisite requirements of the Zoning Ordinance are met by the
request. The proposed Bayshore Elementary School expansion is
therefore eligible to be considered for a Special Conditional Use
Permit.
Options:
I. Recommend approval of the request.
A. As proposed
B. With additional or amended conditions
II. Recommend denial of the request
III. Table request for further consideration at a future date.
Note:
Should the Commission choose to table the
request, a second public hearing is not
required prior to acting on this request.
The Commission is however, obligated to
for~ard ~~~ fi~dings and recomrnendatiol1 to
Cit~' COl.1ncil wit:}11;-j fifteerl (15) day~ ot the
close of t~e C:Jrnmissii)n Pilblic Heari~g.
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r:XHIBIT B
1989 ANNUAL ZONING ORDINANCE REVIEW
I.
"
TO:
FROM:
DATE:
SUBJ:
INTEROFFICE MEMO
PLANNING & ZONING COMMISSION
JOEL ALBRECHT, DIRECTOR OF COMMUNITY DEVELOPMENT
NOVEMBER 10, 1989
1989 ANNUAL REVIEW OF ZONING ORDINANCE 1501
The commission at the November 2, 1989, P & Z meeting began
discussion or items to be considered during the course of the
annual review.
A recap of the items discussed to date follows:
1. "Citation clauses" to be inserted into the Ordinance:
The Commission approved this item in a ~traw vote.
Staff is preparing a listing of specific locations
where these clauses would be placed. This list will be
presented to the Commission for consideration as soon
as it is completed.
')
.t.. .
Section 3-100:
Breakfast Inns"
A new definition, defining
- approved by straw vote.
"Bed and
3. Section 5-600, Table A, Residential: Two new listings,
one for manufactured housing, one for Bed and Breakfast
Inns - approved by straw vote.
4.
Section 5-800,
new listings.
primary use-
research this
Inns operated
vote.
Special Use Performance Standards: Two
One regulating "animal production" as a
the Commission asked staff to further
item. One regulating Bed and Breakfast
in residential zones - approved by straw
5. Section 6-400, Table A, Commercial: SIC listing 7699
was proposed to be amended to exclude tank truck
cleaning services - approved by straw vote.
6 .
Section 7-500, Table A, Industrial:
to be amended to change SIC listings
conditional LI uses to permitted
approved by straw vote.
Table was proposed
5052 and 5093 from
HI uses only
7.
Heavy Commercial:
options relating to
recommends further
made regarding this
Discussion regarding possible
this issue was initiated. Staff
discussion before any decision is
issue.
8. Section 10-300, Accessory Buildings, Uses and
Equipment: 10-300.5 proposed to be amended to require
accessory buildings of over 1000 sq. ft. to be set back
at least 30 feet behind the farthest rear projection of
a primary structure - approved by straw vote.
~
INTEROFFICE MEMO
pLANNING & ZONING COMMISSION
NOVEMBER 10, 1989
PAGE -2-
9. Section 10-609, Number of [Parking] Spaces Required: A
ne~ listing to regulate required parking for Bed and
Breakfast Inns - approved by straw vote.
10. Section 10-605, [Parking Space] Design Standards:
Proposed to be amended to increase minimum parking
space dimensions to 9 ft. X 19 ft. ~hile decreasing
minimum maneuvering aisle width to 25 ft. - approved by
straw vote.
11. Section 11-304, Zoning Permits: Proposed to be amended
to tighten requirements for granting zoning permits to
nonconforming users - approved by straw vote.
12. Section 11-600, Board of Adjustments: Proposed to be
amended to add alternate members to Board of
Adjustments membership. Commission approved concept
but requested specific proposals for review. Staff is
preparing the requested proposals.
An additional item which should be considered deals with
references to State law. These references are found in both
adoption ordinance 1501 and the Zoning Ordinance text.
Due to recent recodification of
numbers currently listed in La Porte's
accurate.
State law, the reference
ordinance are no longer
Staff is preparing a list of references which should be
changed and will present these to the Commission at the November
16 meeting. These changes should in no way alter the intent of
the ordinance.
Revie~ discussion at the November 16 meeting will begin with
the portion of Staff's review report which is titled "1989 Annual
Zoning Review and Supplement". An additional copy of the
supplement report is attached.
Staff would request that Commission members bring their
Zoning Ordinances to the November 16 meeting.
Should there be any questions regarding any material to be
covered in review, please feel free to contact my office.
""
1989 ANNUAL ZONING REVIEW - SUPPLEMENT
Heavy Commercial:
The inventory list of items to be considered in the 1989
Ordinance review (forwarded to the Commission 10/26) included
discussion regarding the creation of a new type of commercial
use zone. This "Heavy Commercial" zone '....as proposed to fall
between General Commercial and Light Industrial in terms of types
of uses which would be considered allowable. One of the primary
goals creation of this zone 'Would achieve, would be "clean up" of
the General Commercial zoning classification.
Another method of achieving a General Commercial "clean up",
which staff feels is necessary, would be to simply move certain
G. C. uses to the industrial use table as Light Industrial and in
certain cases, possibly, Business Industrial uses.
A third option, of course, 'Would be to maintain the status
quo. While staff hopes the Commission does not choose this
option, it is available.
As for the other two options, each has its own advantages
and disadvantages. Rather than debating the respective merits of
each proposal in this report, staff would hope to initiate
discussion with the Commission during the course of the review.
By doing so, we would hope to decide on a course of action which
will best serve the long term interests of the City of La Porte.
Section 6-400, Table A, Commercial (DqS. 37-40)
Table A currently lists open and outdoor sales and open and
outdoor storage as Conditional in General Commercial (GC) zones.
These uses are not allowed in Neighborhood Commercial (NC) zones.
In an effort to eliminate "red tape" from
ordinance staff would suggest the following amendment
the zoning
to Table A.
Use
Zone
~n
~~.
"T,-'
;.'1,-,
C>.:
Outdoor storage as a
Primary or ac=essc~~'
*
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Supplement
Page 2
This amendment ~ould eliminate the Conditional Use
Permit for outdoor sales in General Commercial zones and
substitute a "permitted ~ith conditions" format. The result of
this approach ~ould be to simplify the approval process for
business ~hile also freeing the Commission and Council from
involving themselves in ~hat are really relatively minor matters.
The specific conditions referenced (G & C) ~ill be discussed in
the next section of this report.
Outdoor
Commercial zones.
follo~s:
storage
Storage
~ould be eliminated from
is differentiated from
General
sales as
Storage is the maintenance of a stock
are not primarily intended for direct sale or
general public.
of items
rental
~hich
to the
An example could be a stockpile of p.v.c. pipe. A
hard~are store might maintain a small stock of pipe for sale to
the public. This ~ould be classed as outdoor sales.
A plumbing contractor on the other hand, might
a stock of pipe for use on contract jobs. While there
some sales to the public from this stocK, the primary
be by the contractor himself. This ~ould be classed as
maintain
might be
use ~ould
storage.
Section 6-600 Special Use Performance Standards (pgs. 42-45)
Staff ~ould suggest the follo~ing amendments to the
Use Performance Standards of Section 6-600.
Special
C. Outdoor Sales/Service (amended listing)
2. A landscape buffer shall be maintained between all
outdoor sales and service areas and adjacent public
rights of ~ay. Landscape buffers shall be designed
in accordance ~ith the requirements of Section 6-
600.G.
G. Landscaoe Buffers (new listing):
Landscape buffers shall be a minimum of four feet in
width. ?lantings shall consist of trees ano low
everg~eer sh~u~s. ?lanting r:a~s shall be ap~ro\!ed by
the D i :r ~ ,:; :: c :: -= : c.~ :':"l ~ U ;~~ .i. t. i' ~- eJ E: ~ ,~ p:n e ;-. := i__) ;. !~; ~ S .....; ....; ..... 1
appoi~teJ re;~e3~n~~~ive
..
Supplement
rage 3
Section 10-300 Accessory Buildings, Uses & Equipment (pgs. 67-70)
Staff ~ould suggest the follo~ing amendment to Section 10-
300.10 (pg. 69):
The keeping of livestock or foul for the purpose of breeding
for sale ~hether engaged in as a primary or accessory activity
shall be considered a Conditional Use as specified by Section 5-
600, Table A.
Section 10-604.8.b (pgs. 75,76)
Staff ~ould request an amendment to
paragraph for purposes of clarification.
is as follo~s:
the vording of this
The suggested vording
" each tventy-t~o (22) inches of such
facilities shall be counted as one(l) seat
purpose of determining .Qarj<j,J.l9- requirements"
seating
for the
Section 10-605.10 Desiqn Standards (Oqs. 80,81)
Concern has been raised regarding the parking lot screening
requirements of Section 10-605. The ordinance currently requires
a solid evergreen screen, a minimum of six(6) feet in height. It
has been sho~n that this type of screening can cause problems
ranging from restricted driver visibility to an increased level
of assault and other criminal activity. As a means of improving
public safety while still satisfying the aesthetic concerns of
the Zoning Ordinance, staff vould suggest the folloving:
A landscape buffer shall be maintained betveen
non-residential off-street parking areas of fiverS)
spaces and abutting residential district.
all open,
or more
Landscape buffers shall be a minimum of
width. Plantings should consist of trees
shrubs. Planting plans shall be approved
Community Development.
~ feet in
and low evergreen
by the Director of
These standards vould supplement rather than replace the
current screening require~ents. Existing screening ztandards
would remain applicable to manufactured housing ~a~Ks and
subdivisions as wsil ~s to ~:<te~i8r 3torag~ }'arjs.
~
,..
Supplement
Page 4
Section 10-900 Tree Preservation (pgs. 88,89):
Staff ~ould suggest amending the
paragraph of this section as follo~s:
"Prohibited Conduct"
It shall be unla~ful for a person to cause or permit
the destruction of any native tree which is located
within fifteen(15) feet of any street right of ~ay line
Q!___~~_?e!llent Line abutting the required front yard or
~ithin ten(10) feet of any street right of ~ay line
~~.::i.e__E:Il1~~t li~e abutting a required side yard...
This amendment ~ould constitute a minor
scope of this provision. Increased impact on
be relatively minor ~ith the primary impact
developments ~hich ~ould involve the platting
ne~ streets and easements.
broadening of the
developers should
falling on large
and dedication of
As a means of enforcing the tree preservation provisions of
the ordinance, staff ~ould also suggest the follo~ing:
No person, firm or corporation desirous of developing or
improving any parcel of property, shall remove or cause the
removal of any tree from said property without first submitting a
tree survey for revie~ and approval by the Director of Community
Development or his duly appointed representative.
Tree surveys shall include the follo~ing information:
1) Location, species and size of all trees ~ith a trunk
diameter of six(6) or more inches as measured at a
point eighteen(18) inches above adjacent grade.
2) Location of all trees ~hich are to be removed.
Section 11-5077 Amendment Procedure (pgs. 100,101)
Paragraph 7 of Section 11-507 deals ~ith protests of
recommendations of the Planning and Zoning Commission. Although
this section tracks the requirements of state la~, the ordinance
~ording is some~hat confusing. For purposes of clarification,
staff ~ould suggest the follo~ing ~ording:
In case of a protest against any such amendment,
change or repeal o~ the reg~lations, restrictions and
herein established, a wri:te~ protest, fi:ed with the
officer and signed bv the owners of at least twenty
of either:
supplement,
boundaries
enrorcerr,E.i-lt
percent (2096)
~
~
Supplement Page 5
a) The area of the lots or land covered by the proposed
change; or
b) The area of the lots or land immediately adjoining the
area covered the proposed change and extending t~o
hundred(200) feet from that area,
such amendment, supplement, change, modification of repeal shall
not become affective except by the favorable vote of three
quarters(3/4) of all the members of the City Council.
Streets and alleys shall be included when computing the area
of land from ~hich a protest may be filed.
In staff's opinion this language (taken from state la~)
clarifies the method of computing the area of land from ~hich
protesting may be filed.