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HomeMy WebLinkAbout04-18-1991 Workshop Session of La Porte Planning and Zoning Commission .. MINUTES PLANNING & ZONING COMMISSION MEETING APRIL 18, 1991 Members Present: Chairman Inge Browder, Commissioners Paul Schaider, Betty Waters, Lola Phillips, Eugene Edmonds, Wayne Anderson Members Absent: Commissioner Doug Martin City Staff Present: Community Development Director Joel Albrecht, City Inspector Mark Lewis, Chief Building Official Ervin Griffith, Assistant City Attorney John Armstrong, Community Development Secretary Nina Browning. Assistant City Manager John Joerns came in at 6:10 PM and left at 7:20. Others Present: Mark McKim, Dennis Dunham, Mr. Riley Froh 1) CALL TO ORDER Meeting was called to order by Inge Browder at 6:05 PM. 2) APPROVE MINUTES OF THE MARCH 21, 1991 MEETING/WORKSHOP. A motion was made by Wayne Anderson and seconded by Eugene Edmonds to approve the minutes as submitted. All were in favor and the motion passed. 3) DISCUSS ITEMS RELATING TO THE 1991 REVIEW OF THE ZONING ORDINANCE (#1501) At the Planning & Zoning meeting in March the Commission had directed staff to research and prepare further information and options regarding Section 6-400, Table A; Dog Grooming, Section 6-400, Table A; SIC 473, Freight Forwarding and Section 7-600, Table B; Business Industrial setbacks. Mr. Albrecht related the information and options regarding each of the request of the Commission as follows: Dog Grooming: The Commission had expressed concern that the regulation as proposed would permit businesses to maintain a nuisance by penning animals outside. Staff suggested one way to avoid this potential problem would be the creation of a new Performance Standard regulating this aspect of the business. A new paragraph dealing with dog-grooming would be designated as Performance Standard "H". The following language would address the Commission's concerns, as staff understands them: H. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. t Planning & Zoning Commission Meeting Minutes of April 18, 1991 Page 2 of 5 The Commission after discussion had no problem with this new paragraph. The next item discussed was Section 6-400, Table A, SIC 473 which is specifically described as "Arrangement of Transportation of Freight and Cargo". The Commission had proposed to move the entire listing out of General Commercial and into the Industrial Tables. Concern was expressed that although this move would help alleviate the truck problem, it would also completely bar transport related businesses from the City's commercial districts. Staff was directed to explore the possibility of moving the majority of SIC 473 Industrial Table A while "carving out" certain activities to be retained as Permitted G.C. uses. Staff suggested a scenario which would consist of first placing SIC 472 into a separate listing and SIC 473 listed in the Commercial Table using the "Permitted with Conditions" format. SIC 473 would also be listed as a permitted use in the Industrial Tables, a new Performance Standard would be added to Section 6-501. This format in conjunction with stricter Zoning Permit controls should provide an adequate means of regulating this type of business activity. The Commission after discussion had no problem with this change. Staff, as directed by the Commission, further researched the issue of Business Industrial (BI) setbacks. Specific Zoning Ordinance regulations with an emphasis on the on-site parking and maneuvering of heavy trucks was reviewed. In summation, the Business Industrial setbacks currently in place are an integral component of the overall BI "concept". To amend setbacks independently of other BI related ordinance requirements, could both ''water down" the intent of the Comprehensive Plan and create conflicts within the ordinance that would make interpretation and enforcement difficult. After a lengthy discussion the Commission decided the current setbacks should stay as they presently are and no change was made. A review of Neighborhood Commercial regulations has been requested. Mrs. Waters stated that the reason for this request was so that each member of the Commission could make themselves familiar with this zoning regulation. Neighborhood Commercial zones are small and generally surrounded by residentially zoned property. Staff would recommend a review of the following Zoning Ordinance sections: Section 6-201 Neighborhood Commercial Purpose and Section 6-400 Table A-Commercial. The Commission requested the staff to study the Neighborhood Commercial areas and bring a recommendation to them at the next meeting. BREAK: 7:25 - 7:35 PM . Planning & Zoning Commission Meeting Minutes of April 18, 1991 Page 3 of 5 A review of Ordinance regulations pertaining to carports and front yard fences has been requested. Staff will look to the Commission for guidance addressing these items. After discussion on the carports the item was tabled for more reviewing and will be brought back to the Commission at the next meeting. After the review of the fencing regulations, the Commission decided that no changes to the ordinance should be made at this time. Staff is requesting the Commission to consider amending the screening requirements of Section 5-800. There are several uses and activities which under Zoning Ordinance requirements, must be screened. These standards appear to be practical in most applications, a review of screening standards as they apply to parking requirements is in order. The problem with parking lot screening is one of security. Seclusion increases the likelihood of parking lot users being subjected to robbery and assault. Parking lots in or abutting residential uses can detract from the adjacent neighborhoods. An alternate scheme which "softens" the impact while maintaining public visibility, is accomplished by landscape beds interspersed with tree planting. This has proven to be an effective buffer. The requirements for solid landscape screening would remain in effect for all other present ordinance applications. Paragraph #3 of Section 5-800 specifies the situations in which screening presently applies. This paragraph would remain as currently written and regulate application of buffering requirements. After discussion, Wayne Anderson made a motion to change the wording as requested by staff and this was seconded by Eugene Edmonds. All were in favor and the wording was approved. At the July 19, 1990 meeting, the Planning & Zoning Commission voted to review the portable sign provisions of Section 10-1000. There are two sign regulation amendments which staff would like to propose. the first is a new footnote for Residential, Commercial, and Industrial Sign Table B. The proposed language is: No portion of any free-standing sign shall encroach into any utility easement Throughout the Zoning Ordinance, other types of structures are prohibited from encroaching into utility easements. This is done to insure access to the underground utilities located within easements. Adoption of this amendment would serve to protect easement access. The second amendment deals with signs on Main Street and will be discussed at a later portion of the review which will be devoted to the Main Street issue. The Commission had no problem with the wording change in the first requested amendment and will discuss the second requested amendment at a future meeting. . Planning & Zoning Commission Meeting Minutes of April 18, 1991 Page 4 of 5 The last item to discuss for this meeting was Zoning Permits, Section 11-300. This item was presented by John Armstrong, Assistant City Attorney. The Zoning Permit is the means for insuring that a prospective business is moving into an appropriately zoned area. Utility connections, are the key to this program, neither HL&P nor the City's Revenue Collections office will connect any nonresidential utility service without first receiving an authorization from the Code Enforcement Division. While Section 11-303 clearly spells out the relationship between Building and Zoning Permits, the relationships to other types of permits and licenses are not addressed. Examples of other permits and licenses are Food and Health (County), Beer & Wine (City), Mixed Beverages (State), and Industrial Waste (City). Presently Zoning Permits are issued based solely on zoning considerations and without regard to these other licenses. It should be noted however, that staff does advise applicants of other permit requirements which need to be met. A question has been raised regarding the type of relationship that should exist between zoning and other permits. . The purpose of this discussion is to seek guidance from the Commission on this matter with a goal of making the Zoning Ordinance more enforceable. Another subject for consideration is the revocation of Zoning Permits. In situations where the violation becomes chronic, forfeiture of a business' right to continue may provide the only solution. This is presently no procedure established for the revocation of a Zoning Permit. Mr. Armstrong noted a procedure that could be followed: 1) Hold hearing to be chaired by appointed Hearing Examiner. Hearing to be held as public hearing and examiner would decide issue based on testimony and facts presented. 2) Appeals if requested would be made to the Zoning Board of Adjustment. 3) H the Zoning Permit is revoked, the City would seek injunctive relief. 4) Disconnection of utilities. A formalization of handling Zoning Permits is what is being requested by ~taff. After discussion the Commission agreed with the procedure and felt this was something that needed to be done. 4) ADJOURN A motion was made by Wayne Anderson and seconded by Eugene Edmonds to adjourn. All were in favor and the motion passed. The meeting adjourned at 8:45 PM. , Planning & Zoning Commission Meeting Minutes of April 18, 1991 Page 5 of 5 Next meeting/workshop will be May 16th at 6:00 PM. Respectfully submitted, ~;1 . Nina Bro~ Community Development Approved this the 16th day of May, 1991. Inge Browder, Chairman Planning & Zoning Commission 4/19/91/neb STAFF REPORTS 1991 ANIfUAL ZONING ORDINANCE REVIEW APRIL 18, 1991 PLANBING AND ZONING COMMISSION MEETING TABLE OF CONTENTS TEXT Tooic PaQe I. Dog Groo_1n, SIC 473 (Transport Freight/Cargo) 1 III. Business Industrial Setbacks 2-3 4-9 II. IV. Neighborhood Coaaercial 9 9-10 V. Carports and Front Yard Fences VI. Parking Lot Screening/Landscape Buffers 10-12 VII. Sign Regulation Zoning Peraits 12 12-13 VIII. EXHIBITS Request letter fro. Hc Kia Realty B. I. Deve10paent 125' x 266' Tract B. I. Developaent 125' x 225' Tract Truck Turning Radii Exhibit A Exhibit B Exhibit C Exhibit D 1991 ANNUAL RaVIS., OF ZOHIMGORDIMANCE 11501 DISCUSSION AND ANALYSIS ItfftODUCTION The Planning and Zoning Commission, during the March 21, 1991 meeting, directed staff to research and prepare further information and options regarding the following three items: Section 6-400, Table Ai Dog Grooming Section 6-400, Table Ai SIC 473, Freight Forwarding etc. Section 7-600, Table Bi Business Industrial Setbacks. Discussion of each of these items follows: I. Dog Groo.lng (Section 6-400, Table A, Commercial pgs. 37- 40): After reviewing this item, the Commission expressed concern that the regulation as proposed, would permit businesses to maintain a nuisance by penning animals outside. One way to avoid this potential problem would be by the creation of a new Performance Standard regulating this aspect of the business. The description of business activities found in Table A are very brief with usually only enough description to serve as a reference key for SIC codes. Special conditions or restrictions which apply to various G.C. activities are found in the "Special Use Performance Standards" located in Section 6-601 (pgs 43-45). A new paragraph dealing with dog-grooming would be designated as Performance Standard "H". The following language would address the Commission's concerns, as staff understands them: H. ~here shall be no overnight boarding of aniaals. All areas used for holding ani.als shall be located within the saae building in which grooaing activities take place. With this footnote in place, the Table A listing could be amended to the following: Dog Grooming NC * GC P(H) This means of listing is consistent with the standard Table A format used throughout the Zoning Ordinance. Page 2 of 13 II. ArranQeaents for ShlD~lnQ and TransDort: SIC 473 Section 6-400, Table A Commercial (pgs. 37-40): This SIC listing is specifically described as "Arrangement of Transportation of Freight and Cargo." Due to problems with heavy truck traffic that has been generated by businesses in this SIC category, it was proposed to move the entire listing out of General Commercial and into the Industrial Tables. Concern was expressed that although this move would help alleviate the truck problem, it would also completely bar transport related businesses from the City's commercial districts. The Commission directed staff to explore the possibility of moving the majority of SIC 473 Industrial Table A while "carving out" certain activities to be retained as Permitted G.C. uses. A listing of all 473 activities follows: Agents, shipping Auditors, freight rate Brokers, shipping Brokers, transportation Consultants, tariff Custom house brokers Custom clearance of freight Domestic forwarding Foreign Forwarding Freight agencies, railroad: Not operated by railroad companies Freight consolidation Freight Forwarding Freight Rate Auditors Freight rate information service Shipping documents preparation Tariff consultant Tariff rate information service Shipping documents preparation Transport clearing house Transportation rate services It would appear that the majority of activities listed above, although often terminal or warehouse related, can be operated without generating truck traffic. While staff is prepared to discuss "carving up" the listings, a practical solution may be a "dual" listing of this use category. Page 3 of 13 Presently, SIC 472-473 are included in a single listing. The proposed scenario would consist of first placing SIC 472 into a separate listing. SIC 473 would then be listed in the Commercial Table using the "Permitted with Conditions" format. 473 would also be listed as a Permitted use in the Industrial Tables. As with the proposed dog-grooming listing, a new Performance Standard would be added to Section 6-501. The format could be presented as follows: SECTION 6-400. TABLE A (COMMERCIAL) NC GC Arrangements for Passenger Transportation (472) * P Arrangements For Transportation of Freight And Cargo (SIC 473) * P(I) SECTION 6-600. SPECIALUSB PERFORMANCE STANDARDS: I. ~hese facilities shall be limited office activities only. No warehousing or handling of freight shall take place at these facilities. No trucks, other than light trucks (as defined by this Ordinance) shall be allowed on preaises occupies by these facilities. SE~ION 7-500. TABLE A INDUSTRIAL BI LI HI Arrangeaent for Transportation For Freight and Cargo (SIC 473) P P P The above format, in conjunction with stricter Zoning Permit controls (which will be discussed in a later point in this review), should provide an adequate means of regulating this type of business activity. Page 4 of 13 III. BUSINESS INDUSTRIAL. SECTION 7-600. TABLE B. INDUSTRIAL staff, as directed by the Commission, has further researched the issue of Business Industrial (BI) setbacks. Rather than focus directly on the Comprehensive Plan's intent as in the previous report, this discussion will deal with specific Zoning Ordinance regulations with an emphasis on the on-site parking and maneuvering of heavy trucks. A brief review of the request which has generated this discussion follows. A copy of the complete request letter is attached to this report (See Exhibit A, Mc Kim letter) . Mr. Mc Kim, the applicant, has requested an amendment to the Zoning Ordinance to reduce the current business industrial setbacks. The requested reductions are as follows: Front setback reduced from 50 ft. to 30 ft. Rear setback reduced from 40 ft. to 15 ft. Side setback reduced from 30 ft. to 15 ft. Rather than simply look at setbacks, it would be wise to consider BI regulations as a whole and then, the role of setbacks within the regulation scheme. An appropriate point at which to begin is with Section 7-201. This paragraph which defines the "purpose" of the Business Industrial District, states: The purpose of the Business/Industrial Park District is to provide for the establishment of industrial development that is compatible with surrounding or abutting residential districts and to encourage high level performance standards. Development in the Business/Industrial Park District is limited to administrative, wholesaling, manufacturing and related compatible uses, with suitable open spaces, landscaping and parking areas. Page 5 of 13 The key points in this paragraph, which is a reflection of the Comprehensive Plan's intent, are as follows: Compatibility with nearby residential districts and high level performance standards Primary activities limited to Administrative, wholesaling (warehousing) and manufacturing Emphasis on landscaping and open spaces Adequate parking Regarding the performance standards (which are an integral part of compatibility with residential development), there is an Ordinance section which sets standards for BI development. This section (7-204) is comprised of four major components. This report will focus on three of these: Site/development plans; off-street parking and loading; storage and fencing. The fourth component deals with regulation of Conditional Uses and is not applicable to a general discussion. The components to be included in discussion follow. Section 7-204.B: BuildlnQ Per.it Reauirements (pg 46) 1. No development of any lot or combination of lots in the "B-I" district shall be commenced and no building permits will be issued therefore until all of the following requirements have been met. 2. A complete certified site plan prepared by a Texas registered engineer or surveyor and building plans and specifications shall be submitted. The registered engineer or surveyor shall certify that the plans were prepared specifically for the subject site. The certified site plan shall include location of buildings, driveways, driveway intersections with streets, parking areas, loading areas, sidewalks, curbs, and screening as required by this Ordinance. 3. Site grading plans shall be submitted indicating existing and proposed grades and provisions for surface drainage. 4. Proposed design, location, size and lighting of all signs, if any, shall be submitted. Page 6 of 13 5. Detailed landscaping plans shall be prepared and submitted. 6. The applicant shall submit any additional plans and specifications requested by the City to ascertain compliance with this Ordinance. Section 7-204.C: Off-Street Parkina and Loadina Areas (pg 47) 1. No parking spaces or aisles serving parking spaces shall be less than forty feet (40') from any residential district boundary line nor less than ten feet (10') from the building or lot line. 2. No loading zone shall be constructed at the of any building or side if adjacent to R.O.W. front public Section 7-204.0: Storaae and Fenclna Restrictions (pg 47) 1. No open storage of materials shall be allowed in the "B-1" District except vehicles and road maintenance equipment. No open sales lots or salvage yards shall be allowed. 2. No fences other than those designed screening or decorative fences are the "B-I" district. to serve as permitted in Briefly, the first of these standards calls for submittal of detailed site plans to insure conformance with ordinance requirements. The standards established for location of parking and loading facilities are a major component of the "open space" BI concept and as such are closely related to setback requirements. The storage and fencing requirements relate directly to the types of activities which are allowed within B1 zones. They also provide, to a degree, regulation of the uses to which BI setback areas can be placed. Site Plan: Regarding site plan requirements, the emphasis placed on landscaping plans should be particularly noted. As previously discussed, BI zones tend to be located either as buffers between residential zones and heavier industrial development, or along "high profile" area: Specifically: Hwy 146; 26th Street; Fairmont Parkway. The present Business Industrial setbacks, in conjunction with the emphasis on landscaping, represent a commitment to promote a long-term improvement to the appearance of the City. Page 7 of 13 The responses to the Comprehensive Plan Citizen Surveys overwhelmingly expressed the desire to see La Porte become a more attractive, residentially oriented community. The present BI standards represent part of the City's response to citizen concerns. Off-street Parking & Loading: The next set of standards which will be discussed are those dealing with "Off-Street Parking and Loading Areas." In his request letter, the applicant cites as example, the amount of property required for development of a 5,000 sq. ft. facility to be located in a BI Zone. The specific tract size referenced is 125 ft x 225 ft. For the purposes of this models. The first is a 125 ft. Exhibit B). This is the type expected on a "typical" La Porte discussion, staff will use two wide x 266 ft. deep tract. (See of development which could be City block with a closed alley. The second model is based on the specific example cited by the applicant. This is a tract that is 125 ft. deep x 225 ft. wide. The example abuts an open alley (See Exhibit C). Both of staff's models are "developed" with an approximately 5,000 sq. ft. building. Please note, that as per the current Zoning Map, neither of these examples is common. Less than 20\ of the land currently zoned as Business Industrial is located in areas that have been platted as "standard 32 lot blocks." The format for Exhibits B & C was chosen to coincide with the applicant's request. Truck dimensions and turning radii were taken from Desiqn: Data Book For Civil Engineers (See Exhibit D). Rather than engaging in a lengthy analysis of parking and loading requirements, it will be simpler to make a few general comments and then let Exhibits B & C speak for themselves. Regarding Exhibits Band C: Page 8 of 13 The setback areas surrounding the building can be surfaced and used for parking, loading and maneuvering as well as for required landscaping. 1,695 square feet of landscaped areas must be developed. Landscaping must be located in the front and/or side setback areas. (Section 10-508). Parking spaces have been located 10 feet from the building and property lines in accordance with the requirements of 7-204.C. The number of parking spaces was based on the requirements of Ordinance Section 10-609. Regarding Exhibit C, there are a number of problems and potential problems with the example noted. They include: Inadequate area for placement of a loading dock. Truck maneuvering is not possible within the given property lines. The wide shallow nature of this property necessitates two driveways. The Zoning Ordinance requires 150 ft. of separation between driveways. Present lot configuration only allows for 145 ft. of separation. Should the property on the opposite side be zoned for residential use, the rear would have to become a landscape buffer could not be used for driveway and staging of the alley setback area and as such purposes. storaqe and fenclnq: The third performance standard deals with storage. This standard restricts outside storage to "vehicles and road maintenance equipment." This requirement allows for "staging" areas for trucks and trailers in conjunction with warehouse uses and storage of equipment commonly used by heavy construction contractors (which are restricted to industrial zones). As indicated on Exhibits B & C, even when minimum setbacks are somewhat exceeded, areas available for on-site storage or staging can be extremely limited. Page 9 of 13 In summation, the Business Industrial setbacks currently in place are an integral component of the overall BI "concept". To amend setbacks independently of other BI related ordinance requirements, could both "water down" the intent of the Comprehensive Plan and create conflicts within the ordinance that would make interpretation and enforcement difficult. ============================== The remainder of this report is devoted to reviewing new items which have not yet been discussed by the Commission. IV. NEIGHBORHOOD COMMERCIAL : A review of Neighborhood Commercial regulations has been requested. The Comprehensive Plan envisioned two tiers of Commercial Zoning. One, of course is General Commercial. The second tier is Neighborhood Commercial, which was developed with the intention of serving "neighborhood activity areas." This intent is reflected by both the somewhat limited types of uses to which N.C. property can be put and the location of N.C. Zones on the Zoning Map. N.C. Zones are small and generally surrounded by residentially zoned property. staff will look to the Commission for gUidance in addressing this issue. As an aid to discussion, staff would recommend a review of the following Zoning Ordinance Sections. A. SECTION 6-201 (NEIGHBORHOOD COMMERCIAL) PURPOSE: This Section which can be found defines the intent behind Commercial Zoning. on page 36, Neighborhood B. SECTION 6-400 TABLE A-COMMERCIAL This Table which is located on pages 37-40, lists all the currently permitted Neighborhood Commercial Uses. V. CARPORTS AND FRONT regulations pertaining to requested. staff will addressing this issue. recommend a review of the YARD FENCES: A review of Ordinance carports and front yard fences has been look to the Commission for guidance As an aid to discussion, staff would following Ordinance sections. Page 10 of 13 A. SECTIONS 3-100 DEFINITIONS Fence: A man-made structural barrier erected on or around a piece of property or any portion thereof. Yard. Front: A front yard is a yard extending along the whole of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and the front of the principal building or any projections thereof other than stairs, unenclosed balconies, or unenclosed porches. In the case of the lots directly adjacent to the shoreline of Galveston Bay, the front yard shall be the yard extending along the whole of the lot line directly adjacent to the shoreline of Galveston Bay, and along the horizontal distance between the front lot line and the front of the principal building or any projections thereof, other than steps, unenclosed balconies, or unenclosed porches. B. SECTION 5-700 TABLE B. RESIDENTIAL: Residential Table B, and its footnotes which are located on pages 29-31, deal with setbacks for primary structures. When attached to a primary structure, a carport is considered to be part of that structure and therefore subject to the same setback requirements. C. SECTION 10-401 YARD REQUIREMENTS: of this section which are located the types of structures which can areas. Paragraph 1 and 2 on page 70 specify extend into setback D. SECTIONS 10-501 THROUGH 10-503 FENCING REQUIREMENTS: Sections 10-501 through 10-503 regulate the height and location of residential fences. These sections are located on page 72. Page 11 of 13 VI. SECTION 5-800 RESIDENTIAL SCREENING: Staff is requesting the Commission to consider amending the screening requirements of Section 5-800. There are several uses and activities which under Zoning Ordinance requirements, must be screened. Section 5-800 which is located on pages 32 and 33 of The Zoning Ordinance, is a typical example of these standards. While these standards appear to be practical in most applications, a review of screening standards as they apply to parking requirements is in order. The problem with parking lot screening is one of security. Seclusion increases the likelihood of parking lot users being subjected to robbery and assault. With this having been said, it is still not appropriate to abandon the intent of these requirements. Parking lots in or abutting residential uses can detract from the adjacent neighborhoods. An alternate scheme which "softens" the impact while maintaining public visibility, is accomplished by landscape beds interspersed with tree planting. An example of this type of example was used in conjunction with the San Jacinto College parking expansion. The result has proven to be an effective buffer area that satisfies the college's legitimate security concerns. The following proposed amendment to Section 5-800, which has been retitled "Landscape Buffers", addresses this issue. SECTION 5-800 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. 2) Standards a. Minimum width of planting strip - four feet (4'). 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 of the Director of Community Development or his duly authorized representative. Page 12 of 13 These requirements would be made applicable to parking areas. The requirements for solid landscape screening would remain in effect for all other present ordinance applications. Paragraph .3 of Section 5-800 specifies the situations in which screening presently applies. This paragraph would remain as currently written and regulate application of buffering requirements. VII. SECTION 10-1000. SIGN REGULATIONS: The Planning and Zoning Commission at its July 19, 1990, meeting, voted to review the portable sign provisions of Section 10-1000. Please refer to Section 10-1000 which is located on pages 90-92.c. There are two sign regulation amendments which staff would like to propose. The first is a new footnote for Residential, Commercial, and Industrial Sign Tables B. The proposed language is: No portion of any free-standing sign shall encroach into any utility easement. Throughout the Zoning Ordinance, other types of structures are prohibited from encroaching into utility easements. This is done to insure access to the underground (and in some cases, overhead) utilities located within easements. Adoption of this amendment would serve to protect easement access. The second amendment deals with signs on Main Street and will be discussed during the portion of the review which is to be devoted to Main Street issues. VIII. SECTION 11-300 ZONING PERMITS (PGS 95-96): The Zoning Permit requirement of the Zoning Ordinance has proven to be a very useful and workable tool for insuring conformance with Ordinance Use Zone requirements. The Zoning Permit program as it has evolved, is primarily used to monitor new commercial and industrial businesses moving into existing facilities. Page 13 of 13 The Zoning Permit is the means for insuring that a prospective business is moving into an appropriately zoned area. utility connections~ specifically water and electrical services~ are the key to this program. Neither H.L.&P. nor the City's Revenue Collections office will connect any nonresidential utility service without first receiving an authorization from the Code Enforcement Division. Code Enforcement will not authorize connection until a Zoning Permit has been approved and issued. Although the majority of Zoning Permits issued do not involve the issuance of any other permits or licenses, this is not always the case. While Section 11-303 (pgs 95-96) clearly spells out the relationship between Building and Zoning Permits, the relationships to other types of permits and licenses are not addressed. Examples of other permits and licenses are Food and Health Permits (County), Beer and Wine Licenses (City), Mixed Beverage (state) and Industrial Waste Permits (City). Presently, Zoning Permits are issued based solely on Zoning considerations and without regard to these other licenses. It should be noted however, that staff does advise applicants of other permit requirements which need to be met. A question has been raised regarding the type of relationship that should exist between zoning and other permits. The purpose of this discussion is to seek guidance from the Commission on this matter with a goal of making the Zoning Ordinance more enforceable. Another subject for consideration is the revocation of Zoning Permits. From time to time a problem arises due to a business violating the terms of its Zoning Permit. In situations where the violation becomes chronic~ forfeiture of a business' right to continue may provide the only solution. There is presently no procedure established for the revocation of a Zoning Permit. A suggested procedure is as follows: I ) Hold hearing to be chaired by appointed Examiner. Hearing to be held as public Hearing examiner would decide issue testimony and facts presented. Hearing hearing. based on I I) Appeals if requested would be made to the Zoning Board of Adjustment. III) If the Zoning Permit is revoked, the City would seek injunctive relief. IV) Disconnection of utilities. RE: Ordinance Review . (713) 471.4580 DECKER McKIM, INC., REAL TORSID 647 Shoreacres Blvd. . La Porte, Texas 77571 January 30, 1991 Zoning Commission City of La Porte 604 West Fairmont Parkway La Porte, Te s 77571 As an active participant in the ongoing development La Porte, our firm would like to respectfully submit for your commission's revi~w several guidelines within the present zoning ordinance that warrant reconsideration.. We at DeckerlMcKim, Inc., Realtors are continually contacted by both'companies making initial inquiries about La Porte and companies already committed to relocating within La Porte if the right land or space is available. The majority of these companies would be classified within the industrial parameters of our present zoning ordinance. This activity has allowed us to become very familiar with the guidelines-of the three industrial zones. We believe that while the Light Industrial and Heavy Industrial guidelines are practical and serve the city and new businesses well, the Business Industrial ("B-I") guide as they pertain to setback parameters demanq your commission's attention and reconsideration. Specifically, we recommend that B- reestablished as follows: :iY"I:. ':'~.l';f;, 30ft Jo' ,i'. - 15ftY;':".. 5 ft.\~;1 "'f The present B-Iguidelines, in severely restrict de~elopment in B-I zones to only large tracts of land. As a result, smaller companies seeking to locate to property that happens to lie within B-I zoning are faced with the unfortunate choice of either moving to a less restrictive zoned property, which typically requires a larger capital expenditure, or not locating in La Porte. For example, consider the typical 100,000 square foot Front Rear Side [B REALTOR- E>>IIBIT A Serving the Real Estate Industry for a Quarter of a Century / platted block and a company needing a five foot (5,000 sq. ft.) building. If the block Industrial" the company would require a 75 foot deep tract of land (9,375 sq.ft.). In a B-I zone, in accordance with the present - guidelines, the company would require a tract with 225 feet of frontage by 125 feet deep~28,125 sq.ft.). Under this scenario, the 8-I property must be three times as large and, because of the setbacks, the building would have to be 35 feet from front to rear and 142 feet from end to end, with only a 17% lot coverage. For practical applications, this does not make sense. The situation improves slightly if the alley can be closed, increasing the tract's depth to 266 feet. However, because of setbacks, a minimum of 100 feet of frontage is required, and the total tract still must be 26,600 square feet, allowing only a 18% lot coverage. Using our proposed guidelines, the above described scenarios are greatly improved. The company buying within a revised B-I zone, without the alley closed, would only require a tract 100 feet wide by 125 feet deep, totalling 12,500 sq.ft. (as opposed to 28,125 sq.ft.) and allowing a 40% lot coverage 1as opposed to 17%). Under the scenario closing the alley, the tract would be reduced to 75 feet wide by 266 feet deep, totalling 19,950 sq. ft. (as opposed to 26,600 sq. ft~) with lot coverage increases to 25% (as opposed to 18%). We feel very strongly that these proposed guideli changes will greatly assist in further promoting the heal thy economic growth of our community. ,',' Thank you for you time and your positive matter. thousand square is zoned "Light foot wide by 125 , :~):~i;,. l/J1~ j, - \, ~ .'. Mark McKim EXHIBIT A" ... ~ '.\) , '" '..... ~~ " ",.-..;.: . , ~'~ t)I1}i:e' mo' .~ /0 / ~. . / I /' ~~r',#t<f/ _/ ~A,r / ,,/ .- r"ri' /f./ ,/ / /' 'AdJ", ':- -- ,.../' ,./ / V./' 11/,lrIl / / ,e .' I I. ~~~ A~' ~ . rlf;-- .& ~~ (;4~~//I,d&h) ~~ -..------------ /6' ~'!!!e~ .XJ'~ ---:::::-- \0 ~ \ @~--- ~ // / A~.tJf7 ~/~. / Vl// ~.(~ I .~ // ~ / 11/11// f / b! I ~ "'l '" ~l '\\} ~ ~~~':r ~d1(SO'lljOO.() ~~; ~I/J .-:;:.:---- j1rk-lnJ: , .4 rP/1H?Jf.1rr1 .,. ~/brJ(XtJ-~ 4'~ ~py7-tY1f~ ,~ ~ \ t\ o ~ I@/ ~ /0/ %5 - /#::!JO' E~H\9\1' '" . \ \ ~ \ , It \ r----- ~ ~l \ .o,e/yGhMY " ~ \------ ~ ~ ~ \ ~.~ \ @/ ~~ ,----- ~ \ / ", :;: !:X)I \ (0/ ~ \----- ~ \ l ~/ ~ L----- ... \ " ~ ~ -R ~ ~ ~ ~ ~ ~ \ " ~.. ~i----- ~ ~ ~ ~ ~ ~\ s/ \'{) ~ ------ \ ~ \ ~ \------ , "" .. ~ \ ~ ~ ~ i ~----- I .. \ ~ \ .. / 1 ~ / ~ It' ~ L----- \ -;>.~ ~~ II~/ \ ~:e--~\ , \ \ I A./ 1 r---{~'" ---------1 \----~-- , \ I \ \ \ L_--------------l \_----- \ \ EXHlBlT C ~'F/ - ,.// I 12-22 ;' HIGHWAYS - TURNING-I DESIGN OF TURNING ROADWAY Design Vehicles - A design vehicle is C1 S'e'lecled molor yeh/c/e 01 Q designoled lypeJ IlIe weighl, dimen~ions ond o,LJerQling choroclerisli'cs 0/ w,?/ch or~ o~d 10 e.5/obl/sh highWof/ design conlrols 10 Qcco/T100'C1le vehicles 0/ /;'01 type. lll" dimensions Qnd minimC//T1 turning poM 0/0 design v('/lI'c!e /s 0 design con/rol Il1ala//eels pr/nciPQIIv /he roofC/s and wk{111 0/ povemenl in inler sec/lon areos. DESIGN VEHICLES e, MINIMUM TURNING PATHS I T ,/t~~J;:~:~~~~~~~~-=-= ::.-=l:-~-~__ _ _ _ _ _ _ I / . ,... 1 --, " + // -t- -~,;- - - ---=- - 1'/ /;' 1 ',1', Pofh" /t-n .'/ -f----v'-------- oj / 'I'/.' \, 0/ <:.1'1 }/ /' ,. --....,,, \'\ ibM 01 r~. / ~ '\'(/rom w~et'/ ;~1 i~ <>:~. 'u>i .\ &-1'\'r:.G f'vnhong /1 ~ ~r"',,>,,;S' 'V>. \ \~\ 'o-,ij~~. ~o~"::?-!'-t~fb/hor '.l--~"-- ~Aof:~~-11\ .......... . n I I. lerf I n.s....gn Y" I I . ra.5~6ngi'r 1 I . Fronf 'i;) ~ v , reor wheel? \ , i "'t vehIcle It' wheel. ~ '" S/ngle un;1 i : ~ ~ I:' IrocK orbus I I: (A:7ln of Palh 01 rj-J.j ....: I ~ 1 :! overhong v,./ I I I II rear wne-../ 1 I 1 . I J I I I I I I Passenger Design Vehicle(l) Single Unit Truck or Bus Design Vehicle ~2) II') " I t~~~ ;y~~-i~---~~~~~~~~-~l- . ,,> I - - '\. " 0 V'I '03, _.J. - t\)o \\ raIn o,/efl f~' ~~-t-,:_ VTronlwh~,1 I. /~~ '0, ~ I o,~ , \\ ( ~,,>. .,.), '\ \ \\ I ",,> I \ I' f - - ~ ~(,$ - - - ...\~. - -1j? /blh 0/ I Palh of right/\ :: overhan9 r~r w;',,1 \ : I . Pes/gn -1.1 fl. 'I sel7>ilro"/~r I ~ co".,bina/lon I I I , 1 I I : '8" ~ 43 ft, Semitrailer Combination Design VehicleJ3) --.:I:-~------- ~ - -,;,..:?-~ i::'-:::~~-=---=~~'=-=-~ l6~' -L- ...~~ _--------~ ~ -"'- I __- - - ~, "' '-9.... ..,.. , '\ I /--:'-1- 'l.":J \ \ Iblh 0/ - \~ ~. ".-:! I ........ \ \ ov.rllong /...,,, ~~. \J'. , \ : 0 . ~-? . I ~ \ \\' I ' I "".9 I ' I -L_-~<:t$:' ---~-- \I I "... \ " I , II : \ :1 .;bIll of r/gh/:J, :: rear wl1(!O,/ I ~ \ ~ 1Je$/gn 50/1: semifro;ler \ 4 }bIll of' comp/nolion \ ~ , le/'! Pront 1 I whe,/ I t ~ 50 ft. Semitrailer Combination Design Vehicle ,(4) Designation = C- 43 Designation = C- 50 8' (I~ AoAoS.H.O. Designation = P l2)- A.A.S.H.O. Designation = SoU. (3)- A.A.S.H.O. (4)- A. A.S.H.O. EXHIBIT D