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Home My WebLink About05-19-1994 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission• • • OATH OF OFFICE • • OATH OF OFFICE I, Eugene Edmonds , do solemnly swear (or affirm), that I will CJ faithfully and impartially execute the duties imposed upon me by law as a member of the La Porte Planning & Zoning Commission, and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment. So help me God. ~~ ~ ~~ Eugene Edmonds SWORN TO and subscribed before me, this the 16th day of June, 1994. ooaoooc+ooo~00000000000000000000000 ~'~~~ rr~~ e~y~ PEGGY LEE Peggy Lee :.: ~~.~ • • • ,~ Noary Pudic Notary Public for the State of Texas +:. .ter State cl To,rae ''f :'~~''`i'' Commisa;on Ex res .... pi 1~1~g5 $ 0o g • • • OATH OF OFFICE I, Chuck Engelken , do solemnly swear (or affirm), that I will faithfully and impartially execute the duties imposed upon me by law as a member of the La Porte Planning & Zoning Commission, and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment. So help me God. l Chuck Engelken CJ SWORN TO and subscribed before me, this the 16th day of June, 1994. ~~, s,-*~.~:~,4 PIGGY LEE Peggy Lee '~`~~~ ~'~0l~" ~' Punk Notary Public r e State of Texas ~,, ~,,,~ „ ~~~ &tate of Texas ,,,,,.,,,,n ~'iOfllRflSBlpp ~XplflB IM3.19-95 ~ ~t~oooooc+ooooo • ~ ~ MINUTES • • MINUTES PLANNING & ZONING COMMISSION MEETING MAY 19, 1994 Members Present: Chairman Betty Waters, Commission Members Inge Browder, Howard Ebow, Chuck Engelken, Margaret Anderson, Dottie Kaminski Members Absent: Commission Member Eugene Edmonds City Staff Present: Director of Planning Charles Harrington, Assistant City Attorney John Armstrong, Building Official Mark Lewis, Assistant City Manager John Joerns, Planning Secretary Peggy Lee Others Present: I. CALL TO ORDER • Meeting was called to order by Chairman Waters at 6:00 PM. II. APPROVE MINUTES OF THE APRIL 21, 1994, PUBLIC HEARING AND REGULAR MEETING. A motion was made by Inge Browder to approve the minutes of the Apri121, 1994, meeting. The motion was seconded by Margaret Anderson. All were in favor and the motion passed. Dottie Kaminski was not present for the vote. III. CONSIDER PLAT OF THE FAIRMONT PARK EAST COMMERCIAL SUBDIVISION #1. Mr. Harrington reported that the Fairmont Park East Commercial Subdivision #1 is a piece of a reserve of the Fairmont Park East Subdivision. It is located in the 10600 block of West Fairmont Parkway. It is the site of an emission testing facility which has recently been constructed. Since this is a single lot subdivision with a single owner, staff recommended waiving the requirement of covenants and deed restrictions. Staff also requested the name on the document be changed to the Fairmont Park East Commercial Tract # 1. r1 • • Page 2 of 8 Planning & Zoning Commission Minutes of May 19, 1994 A motion was made by Chuck Engelken to approve the plat document. The motion was seconded by Inge Browder. All were in favor and the motion passed. Dottie Kaminski was not present for the vote. IV. DISCUSS COMPREHENSIVE PLAN UPDATES A. 1994 ZONING ORDINANCE REVIEW 1VIr. Harrington suggested the Commission discuss the Zoning Ordinance review items during this meeting then hold a public hearing at the next Planning and Zoning meeting. The first area of the Zoning Ordinance to be addressed was Article III, Section 3-100. Definitions. The term Large Lot Residential is not currently defined in the Zoning Ordinance. Staff proposed the following definition: Lot. Residential large: A homesite for a single family home comprised of at least one (1) acre (43,560 square feet). • The Commission concurred. The next item addressed was Article VI, Section 6-100. Commercial Recreation (C.R.) District. .It was noted that there is not a C.R. District currently designated within the City. When assigned, this district will primarily be located in waterfront areas but other areas of the City may be deemed suitable for C.R. zoning. The Zoning Ordinance has reserved an "intent and purpose" section for C.R., however at this time it is blank. Staff proposed the following text (in bold) be added: Section 6-100 C.R. Commercial Recreation District Section 6-101 Purpose The purpose of the "CR" Commercial Recreation District is to provide specialized districts for the establishment of businesses providing or supporting recreational, leisure, and entertainment activities. Section 6-102 Permitted Accessory and Special Conditional Uses Refer to Table A -Commercial • • • Page 3 of 8 Planning & Zoning Commission Minutes of May 19, 1994 Section 6-103 DensityjIntensity Regulations Refer to Table B -Commercial 6-104 Special Regulations and Procedures Refer to Article 10: Special Regulations The Commission concurred. The next item addressed was Section 6-400: Table A Commercial. Ivlr. Lewis stated that outdoor storage as either a primary or accessory use is listed as a Conditional Use in GC zones. Staff proposed to designate accessory outside storage as Permitted with conditions. Outdoor storage as a primary use would remain Conditional. Staff feels the performance standards of Section 6-600 (with minor amendment), will provide adequate property control. It should not be necessary to tie up Commission and Council time with Special Conditional Use permit requests regarding issues as minor as this. • The Commission concurred. . In regards to ~ Section 6-400. Table A Commercial, the Commission determined the following uses should be conditional in a Commercial Recreation Zone: • Amusements (792-794, 799) • Apparel and Accessory Stores • Eating and Drinking Places (5813) • Eating Places (5812) • Governmental and Public Utility Buildings (911-922, 9631, 4311) • Hotels, Motels and Other Lodging Places (701, 7032, 7033, 704) • Marinas (4493) • Misc. Retail (592, 5948, 5984, 5399) • AZisc. Shopping (5941-5947, 5949, 5992-5994) • ~, • Page 4 of 8 Planning & Zoning Commission Minutes of May 19, 1994 • • Multi-family (over 4 units) and Townhouses • Museums and Art Galleries (841-842) • Service Stations (554) except truck stops -retail • Parking Ramps and Structures • ~ Commercial P.U.D. • Off-Site Parking • Joint Parking • Storage of Recreation Vehicles and Boats • Public Parks and Playgrounds • Bed and Breakfasts • Recreational Buildings and Community Centers • Off-street Parking • Off-street Loading Mr. Harrington is going to check with the City's Fire Marshal to see if Misc. Retail - [S.I.C. #5984 Liquified Petroleum Gas (Bottled Gas) Dealers], should be an allowable conditional use in this district. The Commission concurred. The next item addressed was Section 6-500 Table B -Commercial. Mr. Harrington explained that this section of the Ordinance establishes the basic development standards within the City's various commercial zoning districts. The standards established by this table include landscaping and lot coverage percentages, setback requirements and maximum building heights. As with Commercial Table A, there is a C.R. listing but, it is blank. Staff recommended using similar standards that are currently in place for Commercial Districts. The areas in which C.R. requirements would differ from other commercial zones are: • • • • Page S of 8 Planning & Zoning Commission Minutes of May 19, 1994 Building setbacks would be reduced to zero (except when adjacent to residential zones). Maximum building height would be increased to sixty (60) feet. The Commission concurred. Mr. Hazrington reported that Section 6-501. Footnotes, modifies or clarifies various requirements listed in Section 6-500, Table B. Staff recommended an increase of allowable building height in C.R. zones. If done, it was noted that caze should be taken to prevent a proliferation of high rise structures arranged in a manner that blocks light and breeze, and in waterfront areas, a view of the bay. Staff recommended the following new footnote to Table B: Setbacks for buildings in excess c increased as follows: one (1) foot required from all property lines excess of forty-five (45) feet. • The Commission concurred. f 45 feet in height shall be additional. setback shall be for each foot of height in Mr. Harrington stated that Section 6-600. Subsection B establishes standards for outdoor storage in G.C. Zones. In conjunction with the amendment proposed for Table A, staff recommended creating a new standard to define accessory storage. The proposed standard mirrors the regulation established for accessory outdoor sales. Subsection B currently contains four pazagraphs. The new standard would be identified as paragraph #5 and would read as follows: 5. Accessory outside storage connected with a principal use shall be limited thirty percent (30%) of the gross floor area of the principal use. The Commission concurred. With regazds to Article X Section 10-300.11, Mr. Harrington stated there is currently a conflict between the current animal control ordinance and the Zoning Ordinance. This paragraph regulates breeding kennels for dogs and cats (in residential zones). The paragraph references Ordinance 1559 and was drafted to coordinate with the requirements of this ordinance. Ordinance 1559 is no longer in effect. It has been replaced by Ordinance 1922, which does not make any provisions for the licensing or operation of breeding • • • Page 6 of 8 Planning & Zoning Commission Minutes of May 19, 1994 kennels. There is a possibility that Ordinance 1922 may be amended in the future. Animal control ordinances have been codified as Chapter 5 of the City's Code Ordinances. Staff recommended referencing chapter 5 rather than a specific ordinance number to allow the Zoning Ordinance reference to remain current even if the existing ordinance is changed. Also since it is uncertain whether kennels will be allowed again in the future, staff suggested adding a clarification note to paragraph 11. The addition is shown in bold. Breeding kennels for Dogs and Cats only are a permitted accessory use ... provided all of said kennels are licensed according to Chapter 5 ~of the City of La Porte Code of Ordinances... The provisions of this section shall in no way supersedes or override prohibitions or regulations of any other ordinance pertaining to kennels, their licensing or operation. The Commission concurred. Mr. Harrington stated that Section 10-604.6 requires that new homes be situated on a lot in a manner that will not preclude construction of an attached or detached two car garage. This section has been applied to prohibit the conversion of residential garages to living areas except, in cases where there is room on the property to construct and access another two car garage. The question has been raised as to whether this issue was addressed when provisions allowing front yard carports were incorporated into the ordinance. A review of minutes and records regarding the carport issue indicated that garage conversion was not discussed, except for cases where previously completed conversions eliminated covered parking. Staff requested a clarification regarding this issue. If it is not intended to prohibit garage conversions, staff recommended adding clarification language. Mr. Harrington noted that staff is frequently asked whether or not a carport can be substituted for a garage. Staff has allowed carports if they are located within the same setback lines that would be applied to a garage. Front yard carports have not been allowed in lieu of garages. The Commission agreed with this interpretation and favored adding clarification language as shown in bold below. ...a two (2) car garage or carport (exclusive of front yard • carports), either attached or, detached, can be located and • • • Page 7 of 8 Planning & Zoning Commission Minutes of May 19, 1994 accessed on said lot. It is not however the intent of this section to prohibit the conversion of an existing residential garage to a habitable room. Mr. Harrington noted that under the terms of Section 1-400, the proposed wording of this section would not override or supersede the deed restrictions or covenants of any subdivision. The next item addressed was Section 10-605.6. Mr. Harrington stated that this section requires driveways and parking areas to be surfaced with "materials suitable to control dust and drainage". While standards for non- residential drives and parking areas are established by the City's Public Improvement Criteria Manual, residential drives do not have clearly defined standards. It would be helpful to provide a brief list of approved materials in this section. Staff requested adding the following clarification language (shown in bold) to this section: ... driveways shall be surfaced with materials suitable to control dust and drainage. Suitable materials shall be concrete, • asphalt, recycled asphalt, or other materials if approved by the City. The Commission concurred. Mr. H~urington distributed a memorandum from Bill Hemck of Atlantis Homes, which requested Commission consideration of several items. A copy is included with these minutes. The Commission and the staff discussed the items and decided they were not items that needed to be addressed at this time. B. DISCUSS POSSIBLE UPDATE OR REVISION OF ELEMENTS OF THE CITY'S COMPREHENSIVE PLAN. A Public Hearing date was set for June 16, 1994, for Comprehensive Plan amendments. A Comprehensive Plan workshop is scheduled for July. It is anticipated that another Public Hearing will be held in August to vote on a recommendation to City Council. Mr. Harrington proposed reviewing the Comprehensive Plan on an annual basis as opposed to every five years. • • • Page 8 of 8 Planning & Zoning Commission Minutes of May 19, 1994 V. STAFF REPORTS There were none. VI. ADJOURN Chairman Waters declared the meeting duly adjourned at 8:30 P.M. Respectfully submitted, i Peggy Lee • Planning Department Secretary Approved ~on this the 16th day of June, 1994. Be W ers Planning and Zoning Commission Chairman • • • • To: Mark Lewie,'Euilding Official Fraro: Hill Herrick. Atlantis Homes • Re: Request for approval by Planning and Zoning i. An overlay ditttrict for the old section of La Porte that . would allow the following changes a. side yard requirements would be;a•.funotion of proximity _... .. ... ~._. ., ' of"adjacent' struct'~res:. ... •. • -.... •.. ~...•:~... «•:: ,,. •'r:.,~: • b. driveway width minimum would be reduced'to-8' with: zero - • ~ • ,.-,:: setback ' c. allow use of the 16' alleys for vehicle access to rear garagea.Note: the alleys Mould only be gravel 2. The above proposals are requested to be coneidexed_for _ two particular addresses. 233 s. Carrol St. 203 S. Ohio Ht. • G~~ A'YZ~,A~I~TIS }TOMES 1N C. • ' ,•. • • • 1994 ANNUAL ZONING ORDINANCE REVIEW • • • Staff Report 1994 Annual Zoning Ordinance Review June 16, 1994 Proposed Ordinance Amendments The Planning and Zoning Commission, at its May 19, 1994, meeting discussed several possible amendments to Zoning Ordinance 1501. These amendments have been proposed as part of the City's 1994 Annual Zoning Ordinance Review. This review is being conducted in accordance with the provisions of Zoning Ordinance Section 11-504 which requires the Planning and Zoning Commission to "conduct a regular comprehensive review of the [Zoning] Ordinance...to determine whether the Ordinance has become deficient, obsolete, and inadequate for any reason." The amendments presently being proposed fall into three basic categories; clarification of existing requirements, updating references to other laws and ordinances, and adding provisions as a step towazds implementing the City's recently adopted Bayfront Master Plan. The purpose of this public hearing is to allow an opportunity for public questions and comments. Following the close of the hearing, the Commission will convene in regulaz session for the purpose of discussing public comment and other agenda items. For purposes of presentation, all currently proposed amendments have been prepazed in ordinance form. They aze attached to and follow this report. For commentary regazding the proposed • amendments, please refer to the May 19, 1994, staff report. As decided at the Commission's May 19, 1994 meeting, July 21 will be a regulaz session meeting for the purpose of discussing additions, deletions or changes to proposed amendments. At this time, there are two Zoning Ordinance related items (not previously discussed by the Commission) that will be presented at the July 21 meeting. The Chairman of the City's Zoning Board of Adjustments has requested a review of residential setback requirements and also of parking requirements as applied to the Main Street Commercial District. (See attached letter). The City Attorney's Office has requested that certain ordinance references and language be updated to reflect changes that have been made to State law. Discussion of the proposed Comprehensive Plan Updates will also be completed at the July 21, 1994, meeting. August 18, 1994, will be set aside for a second public hearing. All proposed Zoning Amendments and Comprehensive Plan Updates will be presented for citizen question and comment. Following the close of the hearing, the Commission will convene in regular session for the purpose of formulating a recommendation to the City Council regarding the proposed amendments and updates. • • .~e6ora~i cS..23ernay, O. ~. La Porte Vision Center ~~~~-~~~ +~ • 1019 South Broadway - _,.~ _q , La Porte, Texas 77571 (713) 471-6546. ~~;/~~ j~ j~'ry May 24, 1994 Planning and Zoning Commission Betty Waters City of La Porte P.o. Box 1115 La Porte, Texas 77571 Dear Mrs. Waters, On behalf of the Board of Adjustments I would like to request the Planning and Zoning Commission review the Ordinance for possible clarification or revision as relates to 1. Parking requirements and set backs for Main Street property owners and 2. Set Back requirements for "Old" La Porte lots that are 50 feet wide. It seems a separate set of requirements are in order for these areas. Thank you for your consideration. Sincerely, ~~ ,/~ ' ~borah S . Jernay , . D . Chairman, La Porte Zoning Board of Adjustment • • Staff Report 1994 Annual Zoning Ordinance Review June 16, 1994 Proposed Amendments The following amendments have been prepared in the form in which they will (if approved) appear in the Zoning Ordinance. The heading for each entry will include a parenthetical note indicating whether the proposal is a new entry or an amendment of existing regulation. All new language is also highlighted by boldface type. ARTICLE III Section 3-100. Definitions (New definition: clarification) Lot. Residential Larae: A homesite for a single family home that is comprised of at least one (1) acre (43,560 square feet). Minimum lot width shall be 100 feet. ARTICLE IV Section 6-100. Commercial Recreation District (New section) Section 6-101 Purpose: • The u ose o:f the "CR" Commercial Recreation District is to provide specialized P rP districts for the establishment of businesses providing or supporting recreational, leisure, and entertainment activities. Section 6-102 Permitted. Accessory and Special Conditional Uses: Refer to Table A -Commercial Section 6-103 Density/Intensity Regulations: Refer to Table B -Commercial Section 6-104 Special Relations and Procedures: Refer to Article 10: Special Regulations Section 6-400: Table A Commercial (Amended listing) Uses Zone N.C. G.C. • Outdoor Storage as a Primary Use * C Outdoor Storage as an Accessory Use P (B) ' • • • 1994 Zoning Ordinance Review June 16, 1994 Page 2 _ Section 6-400 Table A Commercial (New listings) Note: The following entry will deal with property and business uses in CR Districts. Staff has not reproduced Table A in its entirety for this exhibit. Most uses listed here under "CR" are already listed in the N.C. and/or the G.C. column of Table A. Existing N.C. and G.C. listings will be unaffected by C.R. entries. Uses (S.I.C. Code #) Zone C.R. N.C. G.C. All Uses Permitted or Accessory in R-3~ Zones All Uses Conditional in R-3 Zones Townhouses C • ~ 3-4 Unit Multi-Family Dwellings C Multi-Family (over 4 units) C Public :Parks and Playgrounds C Recreational Buildings and Community Centers (832) C Civic, Social, and Fraternal Organizations (8641) C Amusements (792-794, 799) ~ C Apparel and Accessory Stores (561-569) C Eating Places (5812) C Eating and Drinking • Places (5813) C • 1994 Zoning Ordinance Review June 16, 1994 Page 3 Section 6-400 Table A Commercial (New listings cont'd.) Uses (S.I.C. Code #) Zone C.R. N.C. G.C. Governmental and Public Utility Buildings (911-922, 9631, 4311) C Hotels and Motels (701, 7032, 7033, 704) NOTE: This listing includes Bed & Breakfast Inns C Marinas (4493) C Misc. Retail (592, 5948, 5399) C • Misc. Shopping (5941-5947, 5949, 5992-5994) C Museums and Art Galleries (841-842) C Service Stations (Excluding Tuck Stops) (554) C Parking Ramps and Structures C P.U.D. Commercial C P.U.D. Residential C Off-Site Parking C Joint Parking C Storage of Recreational Vehicles and Boats C • Off-Street Parking C ' ~ • • 1994 Zoning Ordinance Review June 16, 1994 Page 4 Section 6-400 Table A Commercial (New listings cont'd.) Uses (S.I.C. Code #) Zone C.R. N.C. G.C. Off-Street Loading C Unlisted Uses Similar to Uses Listed Above C n LJ Section 6-500 Table B -Commercial (New listing) Min. Landscaping Max. Lot Uses Required Coverage Adj. to Res. Min. Yard Min. Yard 7 Max. Setbacks Setbacks Height F.R.S. F.R.S. C.R. 6% 40% 0 0 0 20 10 10 60 ft. Section 6-501. Footnotes (New listing) Setbacks for buildings in excess of 45 feet in height shall be increased as follows: One (1) foot additional setback shall be required from all property lines for each foot of building height in excess of forty-five (45) feet. Section 6-600. Special Use Performance Standards (Amended Listing) B. Outdoor Storage Open and outdoor storage as an accessory or principal use provided that: 1. 'fhe area is screened from view of neighboring residential uses or an abutting residential district in compliance with Section 6-600 (A). 2. Storage is screened from view from the public right-of--way in compliance with Section 6-600 (A). • 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of--way or from neighboring residences and shall be in compliance with Section 7-501(1)a. F • • . 1994 Zoning Ordinance Review June 16, 1994 Page 5 5. accessory outside storage connected with a principal use shall be limited to thirty percent (30%) of the gross floor area of the principal use. ARTICLE X Section 10-300.11 (Amended listing) Breeding Kennels (Dogs and Cats only): Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess of 43,560 square feet, provided that all of said kennels are licensed according to Chapter 5 of the City of La Porte Code of Ordinances. Provided further that all animals must be boarded in enclosures located no closer than one hundred (100) feet from any property line. Tie requirements of City Or_ dinance 1358 and any amendments or additions thereto shall apply in any event. The provisions of this section shall in no way .supersede or override prohibitions or regulations of any other ordinance pertaining to kennels, their licensing or operation. Section 10-604.6 Garage Requirement: (Amended listing: clarification) Every single family dwelling unit hereafter shall be so located on the lot so that at least a two (2) .car garage or carport (exclusive of front yard carports), either attached or detached, can be accessed on said lot. It is not, however, the intent of this section to prohibit the conversion of an existing residential garage to a habitable room. Section 10-605.6 Surfacing fDrivewa~/Parking Lotsl (Amended listing: clarification) All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Suitable materials shall be concrete, asphalt, recycled asphalt, or other materials if approved by the City Engineer; except in the case of single family and two family dwellings, driveways and stalls shall be surfaced in conformance with the Public Improvements Criteria Manual.... • City of La Porte Planning and Zoning Commission Public Hearing June 16, 1994 -Any person wishing to speak iri3FAVOR of-any item being considered by this Commission; please indicate below by: ~.:- A. Printed Name B. Signature C. Item In Favor Of • 1. A. B. C. 2. A. B. C. 3. A. B. C. 4. A. B. C. 5. A. B. C. 6. A. B. C. Q 7. A. B. C. 8. A. B. C. 9. A. B. C. 10. A. B. C. 11. A. B. C. 12. A. B. C. 13. A. B. C. e m • j ~ 1 C ~ OD y ~ ~ A W N --- p p a a v a p a v a p p v W~~~WW~~~W~~~ .. n n n ~ n n n n ~ n n ~aa ~ ~~~ m 3 ~ ,'. N ® C ~ O ~ 7 m O ~ ~ m ? a ~ O rt N O O C. 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