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Home My WebLink About09-16-2004 Regular Meeting, Public Hearing, and Workshop Meeting of the La Porte Planning and Zoning Commissionr: • Minutes of the Meeting • PLANNING AND ZONING COMMISSI~ MINUTES OFSEPTEMBER 16, 2004 Members Present: Dottie Kaminski, Doretta Finch, Nick Barrera, Paul Berner, Kirby Linscomb, Jr., Hal Lawler (Alt. A), and Ross Morris (Alt. B) Members Absent: Betty Waters City Staff Present: Interim Planning Director, Wayne Sabo; Planning Coordinator, Masood Malik; Assistant City Attorney, John Armstrong; and Planning Secretary, Peggy Lee ` Note: Alternate Member Hal Lawler voting for District 6 position vacated by Ralph Dorsett. Alternate Member Ross Morris voting in the absence of Chairperson Betty Waters. 1. CALL TO ORDER Meeting called to order by Vice-Chairperson Dottie Kaminski at 6:00 P.M. 2. APPROVE MINUTES OF THE AUGUST 19, 2004, REGULAR MEETING & PUBLIC HEARING. Motion by Paul Berner to approve the Minutes of August 19, 2004. Second by Kirby Linscomb. The motion carried. Ayes: Berner, Linscomb, Barrera, Finch, Lawler, Morris and Kaminski Nays: None Abstain: None 3. CONSIDER PRELIMINARY PLAT FOR PROPOSED SEVILLE PLACE APARTMENTS TO BE LOCATED AT LUELLA AND FAIRMONT PARKWAY. Planning Coordinator, Masood Malik, presented staff's report. The Seville Place Apartments is a 180- unit high-density residential subdivision proposed at the corner of Luella Blvd. and Fairmont Pkwy. Dwayne Henson, the Developer/Owner/Manager, and David Brown, the Civil Engineer, answered questions from the Commission. Motion by Nick Barrera to approve the Preliminary Plat for Seville Place Apartments located at Fairmont Parkway and Luella Boulevard, with the following conditions: ^ Construction drawings shall indicate all infrastructure and site drainage improvements to ensure adequate capacity and proper site drainage. ^ Developer shall be responsible for installation of sidewalks along both sides of all right-of--ways within the complex, along east side of Luella Blvd., and south of Venture Lane towards the end of the subdivision line. ^ Developer must secure a maintenance bond, according to the City's multi-family provisions, or seek an approved alternate showing evidence of bonding insurance or participate in a "reserve fund mechanism" that establishes an account for the sole purpose of maintenance to the project. This fund shall be for the lifetime of the project. ^ Detention pond ownership and maintenance by the HOA shall be stated on the final plat. Second by Hal Lawler. The motion carried. Ayes: Barrera, Lawler, Berner, Linscomb, Finch, Morris, and Kaminski Nays: None Abstain: None • • Planning and Zoning Commission Minutes of September 16, 2004 Page 2 4. OPEN WORKSHOP TO DISCUSS FUTURE DEVELOPMENT OF "PANATTONI", A PROPOSED INDUSTRIAL COMPLEX/WAREHOUSE AND DISTRIBUTION FACILITY OFF OLD UNDERWOOD ROAD ~ SH 225. Workshop opened by Vice-Chairperson Kaminski at 6:05 P.M. Mr. Malik briefly spoke about Panattoni's plans for a Planned Unit Development at SH 225 and Old Underwood Road, to be known as Highway 225 Industrial Park. Bob Wheless, of Panattoni Development, addressed the Commission and introduced Brent Shirley, of Panattoni Construction Company. Mr. Wheless described plans to develop a major, rail-served industrial warehouse complex. The Commission and Mr. Wheless discussed the following items: ^ Traffic flow/control and volume ^ Rail volume ^ Hours of operation • Ingress-egress ^ Detention ^ Materials ^ Landscaping ^ Construction timeline The workshop concluded with no action being taken by the Commission. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU04-013 FOR THE PROPOSED PROJECT "PRESERVE AT TAYLOR BAYOU" TO BE LOCATED AT SOUTHEAST CORNER OF MCCABE ROAD AND SH 146. (PUBLIC HEARING HELD ON AUGUST 19, 2004, MEETING.) Interim Planning Director, Wayne Sabo, presented staffs report. The applicant, Robert Burchfield, has plans to develop 180-unit apartments and 150 townhomes in the 1200 Block of McCabe Rd., to be known as "The Preserve at Taylor Bayou." Staff recommended approval of the Special Conditional Use Permit and General Plan. Motion by Nick Barrera to recommend to City Council, approval of Special Conditional Use Permit #SCU04-013 and General Plan for the proposed "Preserve at Taylor Bayou" to be located at the southeast corner of McCabe Road and SH 146, with the following conditions: 1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10 dwelling units per acre respectively. 2. The nature preserve "conservation easement' ownership and responsibility for its maintenance must be established. The City requirement for compensating open land will apply. The City must approve the conservancy dedication instrument. 3. The applicant/developershaIl be responsible for the maintenance of the 77.52 Conservation Easement until transfer of ownership and/or responsibility. 4. The public shall have access to the conservation area using trails that are constructed and maintained by the applicant/developer. City intends to control the hours of operation. 5. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. Planning and Zoning Commission Minutes of September 16, 2004 Page 3 6. If approved, the design of the detention will be reviewed by staff to ensure consistency with ordinances and the Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and County Flood Control must be presented to the City. 7. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to ensure that traffic congestion does not occur as a result of his project. 8. The applicant must secure a maintenance bond, according to the City's multi-family provisions, or seek an approved alternate showing evidence of bonding insurance or participate in a "reserve fund mechanism° that establishes an account for the sole purpose of maintenance to the project. This fund is for the lifetime of the project. 9. The owner/applicant must construct a lift station and dedicate an easement to the City at Taylor Bayou and McCabe for the City's future regional lift station. 10. The applicant must provide proof of funding allocation. 11. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. 12. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the building permit. 13. The proposed complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 14. Utility Plan must be approved by City Staff. 15. Proposed sidewalks must be annotated on the General Plan. 16. All utilities should be planned for underground routing. 17. The applicant must provide a covenant for maintenance of common areas. 18. The General Plan must be updated to comply with the City of La Porte's General Plan Checklist. 19. The developer must submit a preliminary plat, final plat, and major development site plan for approval by the City. 20. The developer must submit an architectural plan for approval by the City. 21. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Paul Berner. The motion carried. Ayes: Barrera, Berner, Lawler, Linscomb, Finch, Morris, and Kaminski Nays: None Abstain: None 6. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING: Public hearing opened by Vice-Chairperson Kaminski at 6:42 P.M. Nicholas Finan gave an overview of the history that lead to the creation of a committee to review the current zoning regulations and make possible recommendations for the Main Street area. Mr. Finan reviewed the Main Street Committee's recommendations with the Commission. Public notices were sent to 234 property owners with three responses received. Sue Gale Mock Kooken, a member of the La Porte Bay Area Heritage Society and Main Street Association, spoke in favor of the Main Street District. Bobby Schlenk, of 620 S. 4"' St., a member of the Main Street Committee and Main Street property owner, spoke in favor of the District. Mr. Schlenk suggested a slight change in the boundary line of the overlay district. Planning and Zoning Commission Minutes of September 16, 2004 Page 4 Vicki Campise, a member of the Main Street Committee and Main Street property owner, spoke in favor of the District. She feels the area of Main Street adjacent to SH 146 should remain in the overlay District. Mike Shannahan, of 200 S. Virginia with a business at 203 San Jacinto, addressed the Commission. The proposed Main Street boundary line splits his property. His concern is alleys being used for parking purposes. Mr. Shannahan would like to see the east side of the 200 block of San Jacinto removed from the District. He also requested a ban on vehicular traffic within the referenced alley be stated in writing. Frank Hoot, of 112 S. 7~' St., inquired if there is a plan to open alleys. He has residential property with an alley between 6~' and 8~' Streets and does not favor opening alleys. Public hearing closed by Vice-Chairperson Kaminski at 7:22 P.M. a) CREATION OF MAIN STREET DISTRICT (MSD) AND CONSIDER ADDITIONAL REGULATIONS. Motion by Nick .Barrera to recommend to City Council, approval of a Zoning Ordinance amendment creating the Main Street District (MSD) with additional regulations. Second by Paul Berner. The motion carried. Ayes: Barrera, Berner, Lawler, Linscomb, Finch, Morris, and Kaminski Nays: None Abstain: None b) ADOPT BOUNDARIES AND CONSIDER REZONE FROM GENERAL COMMERCIAL (GC) TO MSD. Motion by Nick Barrera to recommend to City Council approval of a Zoning Ordinance amendment adopting the boundaries and rezone from General Commercial (GC) to Main Street District (MSD). Second by Doretta Finch: The motion carried. Ayes: Barrera, Finch, Berner, Lawler, Linscomb, Morris, and Kaminski Nays: None Abstain: None 7. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING PROPOSED AMENDMENTS TO CHAPTER 106, SECTIONS 106-443 AND 106-522 OF THE CODE OF ORDINANCES, AMENDING THE MAXIMUM HEIGHT LIMITS PERMITTED IN THE COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS. Public Hearing opened at 7:30 P.M. by Vice-Chairperson Kaminski. Mr. Sabo updated the Commission on recent activities leading up to City Council's request for the Commission to review the 45' maximum height requirement in Commercial and Industrial Zones. Several Council Members recently attended a Board of Adjustment meeting where a request was heard for a height variance for a proposed hotel. Mr. Sabo spoke about the following Facts and Conclusions outlined in staff's report: Planning and Zoning Commission • ~~ Minutes of September 16, 2004. Page 5 • LPFD has equipment that can .reach up ~to 100' in elevation. A rule of .thumb used by• the fire department when employing this 'equipment is 7 stories or 70 feet (10 feet per story) given that . positioning of the equipment when fighting a fire will not be ideal. = ~ :. ~ ~ - ~ ~ ~ ~. Fire protection regulations for this situation mandated a total sprinkler. system including the attic.' All ' . similar buildings attaining this height would require~this protection.. Other.motels in La Porte have only the occupied stories protected by a sprinkler system. (if so~ equipped). _~ Coordination with the fire .~ ~ .department shows that as long as the building has a sprinkler system, this reduces their concern. . ~ ~ .' ~~ Surveys of surrounding cities shows that.a majority.~do not~regulate a maximum height.. ~~ - ~ ~ ~ An amendment to the 45' rule does not affect Shipping Container stacking.. Containers are regulated to ' . 4-high regardless if the stack is under 45'.. ~ ~ ~ ~ ~ ~ . . ~ . ~ In regards to economic development, hotels/motels remain an important source of revenue to the City. - Bob Klassen,~ of Sunbelt Commercial Builders,~talked about a'prospective client he lost several years -ago due to the City's maximum height regulations. He mentioned the. City lost a facility valued at ~ . several million~~dollars due to this requirement. ~ He agrees. with bother Commission. Members that surrounding properties should be taken into consideration when imposing height regulations. ~ . . . Public Hearing closed at 7:45 P.M. by Vice-Chairperson Kaminski.. ~. ~ Motion by Paul Berner to direct Staff to. develop a~ recommendation for further consideration. Second by Kirby Linscomb.. The motion carried. ~ ~ .. . ~ ' Ayes:. ~ ~ ~ ~ Berner,.. Lipscomb, Barrera,~ Finch, Lawler, Morris,. and Kaminski • ~ .. ~ Nays: _ ~ None ~ ~~ ~ ~ ~ ~ _ .. . .Abstain:. None . .. ~. (Staff will develop a: recommendation and prepare for another public hearing with the Commission.) ~~ . , .. '8.:STAFF REPORTS~~ ~ ~ ~~~ ~~ .~ ~ .. ~ ~ ~ .' ~ .. . ~ .Mr. Sabo updated theCommission on .the following activities: .~ ~ . ~ ~ ~~ ~ ~ ~.. Large ..l_ot ~ Residential Committee. meetings .underway.` .Commission Members Barrera, and . ~-. ~~ ~ ~ ~ Finch. attended the first meeting: Delicia.Turner was elected as Chairperson and Leroy Jones . ~ ~ ~ .. ~as Vice-Chairperson. ~~ ~ ~ ~ ..' .Request from City Council .for the Planning and Zoning Commission to begin reviewing areas for : ~ ~ • truck stops.. ~ . ~ ~ . . ' ~ : .. ... .. . ~.~ ~: ~ Review of 40%.maximum~ lot coverage requirement. ~ . .. . . ~: 9. ADJOURN;:.. ~.:~ = ~' ~ ~. ~~ ~ ~ ~ ... ~.. .. Vice-Chairperson Kaminski.declared the meeting adjourned at~7:55~ P.M..~ ~~ Sub ed by; ~ ~ :: ~ .. .. Secretary, anning, and Zoning Commission ~'. ~ ~.. ~ . ~ .. ~ . ~ ~ = ~ . . Approved on this ~ ~~ ~ day of ~~ ~, 2004. ~ ~' ~ ~ ~ ~ .' :.. •. :~: ~ - e, rn.~r~skc . $e~ty~flfat~ers cy{-}1 ' • ~ ~ ~ ~ . . ~lCe-Chairperson, Planning, and Zoning Commission :. ~~ . .~~ ~ ... ~ ~ ~ ~ ~. C • Zone Change Request #R04-009 Exhibits A. Application B. Commission's Action Request C. Staff .Report D. Public Notice Responses E. Aerial Map F. Zoning Map • • APPLICATION FOR ZONE C~TANGE~ REQUEST (;Site Plan ()Minor Development Site Plan ()Major Development Site Plan ()General Plan OSite Plans Submitted on Appliant's Name' ~1?r°atier Port Properties, LLC Address: . lAl F_ Barhrn~r~x~•(`ut~~ Mnrgan!~g . . Ph: _ Point, T%: 7757 Date: ~~-..9-~ 0~ ~ ~ . Signature• Frontier ~~Port Properties, .LI.C ~ - Owner s Name: Address: _.101 E. Barbours Cut. Ph: [281) 471-9~i55 :Morgan•s Point, TS. 77571 . Property Legal Description•Blocks. 349, 350, 351., and 352 ()See Attached I AM:THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND :~~~ ys~ss /e~r ~ ~ ~ IS AUTHORIZED TO FII.E THIS APPLICATION ON BEHALF. Date 9~ ~ 9 - `~`~ ~ . ~ .. Signature: Zone: LI ~ ~ ~ ~ Requested Zone Change: Plm SIC ~No: Proposed Usage: 'Container-yard, Tzuck wash, and Maintenance . ~ ~ ~ ~ OFFICE USE ONLY ~ . 1) Planning & Zoning: (a) Preliminary Meeting - . (b) Public. Hearing/Mtg. - ~ - Recommendation: Applicant Notified of Date(s): () 1st Nitg. () 2nd Mtg. Adjoining Property Owners Notified: 2) City Council: ~ (a) Regular Meeting - (b) Public Hearing/ZV1tg. - Approved () Adopted by~ Amendment Ord. #1501 - Denied ~ ( 1 ., .. ,. ~... ., ~ ----, ... ._... --~ ---- Application No.: -'00 OFFICE USE ONLY: ~ FEE: $ 3 0 0..00 Date Received: _ O . ~ Receipt No.: _~_~ ti 7y Zone Change Request #R04-~ Planning and Zoning Commission October 21, 2004 Location of Pro osed Chan a 101 E. Barbour's Cut Boulevard Legal Description of Proposed Zoning 11.416 acres of land described as lots 1 thru 32 of blocks 349, 350, 351, and 352 along with portions of First Street and North G Street, including alleys in block 349, 351, 352, and the alley in block 350 (vacated, abandoned, and closed by Ordinance No.1156), Town of La Porte, Nebraska Syndicate, Johnson Hunter Survey, A-35, La Porte, Harris Coun ,Texas. A licant Frontier Lo istics Inc. c% John Vossler Present Zonin Li ht Industrial L &Heav Industrial H Proposed Zoning Planned Unit Development (PUD) Surrounding Zoning North Heavy Industrial (HI) East North Broadway South Barbour's Cut Boulevard West Li ht Industrial &Heav Industrial Land Use Industrial Activi Pro osed Truckin and Facilit Summary: • The applicant is requesting a zone change from Light Industrial (LI) 8c Heavy Industrial (HI) to Planned Unit Development (PUD) for future expansion of Frontier's facility along Barbour's Cut Blvd. • Frontier Logistics is located at 101 E. Bazbour's Cut Blvd. and Northwest corner of North Broadway. The facility serves as a trucking and container yard. • Port of Houston's Intermodal facility is across the street to the east in the City of Morgan's Point. • The facility has an access along North Broadway and a private access road to the north as well. • The subject property is in the vicinity of major industrial facilities along Bazbour's Cut terminal. • The area is earmarked for industrial uses in the Land Use Plan. • The overall impact on public services should be minimal. • Streets/roads should have adequate capacity to handle the traffic generated by this development. • It is anticipated that the applicant will request for closing of alleys and street right-of--way within the subject tract. • An anticipated expansion of this facility in conjunction with the Bayport expansion project will require upscale landscaping and screening plan. Recommendation: • The requested change is compatible with the zoning and uses of nearby properties. • The change will unify an entire tract under a single zoning classification. • The development within the subject tract will not negatively impact the surrounding properties and will not harm the value of the neazby properties. • In addition, it will not have significant impact on the traffic conditions in the area. Staff recommends of the zone change request. Actions required by the Commission: • Recommend to Council approval of this rezone request #R04-009. • Recommend to Council denial of this rezone request #R04-009. • Table this item for further consideration by the Commission. • • Staff Report October 21, 2004 Zone Change Request #R04-009 Reauested bv: Frontier Logistics, LLC c/o John Vossler Requested for: 11.416 acres of land described as lots 1 thru 32 of blocks 349, 350, 351, and 352 along with portions of First Street and North G Street, including alleys in block 349, 351, 352, and the alley in block 350 (vacated, abandoned, and closed by Ordinance No.1156), Town of La Porte, Nebraska Syndicate, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. Location: 101 E. Bazbours Cut Boulevazd Present Zoning: Light Industrial (LI) & Heavy Industrial (HI) Reauested Zoning: Planned Unit Development. (PUD) Background: The subject property is located at the northwest corner of West Bazbours Cut Boulevazd and North Broadway. The company's wazehouse facility is to the east across Broadway in the City of Morgan's Point. The City of La Porte limit lines run pazallel to the property lines to the east along North Broadway. The main access to the property is along North Broadway. The company owns all of blocks 349, 350, 351, and 352 plus a 16' alley in block 350. The rest of the alleys in blocks 349, 351, 352, and portions of North ls` Street (unimproved ROW) need to be purchased from the City through the street and alley closing process by ordinance. The Industrial zoning designation of the property was assigned when the City adopted the current Zoning Ordinance. The Frontier Logistics container facilities are located on the west of the said property along Bazbours Cut Boulevazd. Other logistics capabilities and services aze listed as under: • 292 k sq.ft wazehouse • Rail yazd • Packaging • Trucking In the vicinity, the applicant claims to have the most modern intermodal facility on the U.S. Gulf, Barbours Cut Container Terminal, which was designed for vessel productivity and project cazgo. The terminal is located at the mouth of Galveston Bay and is three and one half hours' sailing time from the Gulf of Mexico. • • Frontier Logistics 10/21 /04 P&Z Page 2 of 5 Ana sis: Frontier Logistics provides diverse and complete supply chain management services and solutions. Frontier currently provides a variety of services to the plastics industry, including packaging and wazehousing services, U.S. interstate bulk trucking transportation, infra-state Texas truckload transportation, logistics consultation, and border crossing services. Through its Mexican affiliate trucking partner, Global Transportation, Frontier provides bulk trucking service to all parts of the country with the following in-house capabilities: • Private road access to the Bazbours Cut terminal allowing for loading of an additiona16.3MT or 58,000 lbs in a 40' container. • Frontier controlled rail access for inbound and outbound cazs on both the PTRA and UP. • Twelve acre container terminal for preloading export orpre-staging import containers. • Full service facility capable of any mode of logistics or transportation of vazious products. Frontier's overall plans for future growth aze as follows: Expansion of the "L" Street yard: • 48 caz spots La Porte Loop Business Park: • Up to 500 car spots • Up to 1 million sq ft of wazehouse space Bayport expansion project: • Up to 1000 caz spots • Up to 1.5 million sq ft of wazehouse space The requested zone change will provide for the proposed development as an integrated coordinated unit as opposed to traditional pazcel-by-parcel and unplanned approach to development. In considering this request, Staff reviewed the following ~ Comprehensive Plan elements: Land Use, Transportation Thoroughfare System, Utility Infrastructure, and Beautification plans. The specific issues considered aze as follows: • • Frontier Logistics 10/21 /04 P&Z Page 3 of 5 Land Use -Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered when approving or denying an application. Other criteria may include: • Character of the surrounding and adjacent areas; • Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; • Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; • Extent to which the designated use of the property would harm the value of adjacent land use classifications; • Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; • Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, • The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. None of the above criteria present any concerns over the proposed change in zoning designation. Based on the siting criteria noted above, the tract in question is suited for the requested PUD zone. The City's Comprehensive Plan addresses a need to achieve growth through a deliberate planning process to encourage sustainable development within the existing City limits and particularly the existing service azea of municipal infrastructure. In general, high intensity uses should be adjacent to each other and intensity of land use and zoning should relate to the thoroughfare system classification. The zoning regulations and districts as herein established have been made in accordance with a Comprehensive Plan for the purpose of promoting health, safety, morals, and general welfare of the City. Transportation -Being located along Barbours Cut Boulevard, a primary arterial road and major truck route, provides more than adequate accessibility for circulation of truck traiTic. There should be very limited impact on traffic flow within the vicinity even after full implementation of the project site. The private access drive and outside yard areas should be designed and constructed in conformance with the City's Standard Specs. Since trucking trailer/container movement is the primary function of the facility, access management and circulation should be the top priority while designing an • • Frontier Logistics 10/21 /04 PBcZ Page 4 of 5 expansion project. Driveways connecting directly onto the roadway should be minimized to avoid traffic congestion and other delays caused by turning movements for the eighteen wheelers entering and existing the facility. Traffic signalization is another tool to control the traffic at the intersection of North Broadway & Bazbours Cut Blvd. Utilities -Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area. In addition, provisions will have to be made to ensure that sufficient utility extensions aze made to serve expansion project. Storm water drainage will require on-site detention to mitigate any adverse impacts associated with this development. Landscaping and/or Screening -Landscaping is required in percentages specified in the current zoning ordinance. Approval of landscaping/screening requirements is a condition of the building plan approval. Required landscaping shall be located in the front and side yard. In addition, the container development should be screened from the public right-of--way. The owner/developer shall provide a natural screening. This will be accomplished in one of the following three ways: 1) the property owner could leave in place existing trees, vegetation, underbrush, etc. to provide a thorough, continuous and effective visual screening. 2) the property owner could use earthen berms with a combination of trees, shrubs, and groundcover that after 3 yeazs growth will be at least 20 feet in height and creates a continuous visual screen. 3) the property owner will develop a screening plan that would be approved by the City that includes a combination of trees, shrubs, and groundcover that after 3 yeazs growth will be at least 20 feet in height and creates a continuous visual screen. The owner or developer must also provide screening along the frontage of the site and along the side yazds for a distance of 100 ft. It should be noted that any required screening be adjusted away from overhead power lines to allow for the full maturity of the trees without unnecessary trimming or topping of the trees. Along with the screening requirement, a minimum percentage of landscaping should be stipulated within the ordinance. 6% is recommended to be consistent with current requirements in industrial and commercial zoning districts. However, the requested zone (PUD) provides flexibilities and variances in this regazd. The required screening would count towazd the minimum landscaping requirement. • • Frontier Logistics l 0/21 /04 P&Z Page 5 of 5 Conclusion: Street & Alley Closing/Replatting -The Frontier Logistics has petitioned the City to vacate, abandon, and close the alleys in Blocks 349, 351, and 352, Town of La Porte and North 1 S` Street right-of--way between these blocks. The purpose of this request is to facilitate development at this site and rectify previous violations of unauthorized use of public rights-of--way. Planning Department reviewed the application and documentation. Staff notified the applicant that the submitted documentation is insufficient to proceed. As the process continues, if passed and approved by City Council, the owner/applicant will need to replat the whole property. Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of neazby properties. The tract in question is suitable for the requested change to PUD. Development within the subject tract should not negatively impact the surrounding properties and should not harm the value of neazby properties. It would not have a significant impact on traffic conditions in the azea and utilities would not be affected. In reviewing this request the Commission should consider the following points: There was no appazent error in assigning the present zoning designation to the tract in question. The applicant's requested zoning provides some flexibility for the developer while at the same time allowing the City to review specific uses subject to Special Conditional Use Permit and site layouts at the various stages of the development. Staff recommends approval of the rezone request with an understanding that any further development shall require SCUP to be approved by the City. Options available to the Commission are: • Recommend to Council approval of this rezoning request from LI, HI to PUD. • Recommend to Council denial of this rezoning request from LI, HI, to PUD. • Table this item for further consideration by the Commission. • • Workshop A. Driveway & Access Management B. Development of .Truck Stops C. Maximum Height Regulation D. Maximum Lot Coverage • • Staff Report ~ October 21, 2004 PUBLIC IMPROVEMENTS CRITERIA MANUAL Request: Review proposed Chapter 7 of the Public Improvements Criteria Manual (PICM) in a workshop format. Requested Bv: Mr. Robert Alden Cummings, Supervising Engineer, City of La Porte Baclcsround: The Development Ordinance of 1998, Ordinance 1444, references the Public Improvements Criteria Manual as being "the set of standards set forth...to determine the specific technical requirements for construction of public improvements:' Currently, the PICM does not contain a chapter on driveways, driveway construction and access management requirements. The master plan for the PICM document is to have all aspects of public improvements design covered including driveways and that portion of driveways located in the public right-of--way. In an effort to move toward that ultimate goal, design standards covering such things as driveway construction and driveway location are being presented to the Planning & Zoning Commission for review and workshop. When Chapter 5 on Storm Water Design Requirements was passed in 1999, Chapter 4 in 2003 and Chapters 3 & 6 earlier in 2004, the Planning & Zoning Commission reviewed it and recommended its adoption and approval to the City Council. Therefore, the official recommendation of approval from the Planning & Zoning Commission will be sought before any official action is taken on the proposed Chapter 7 by the City Council. To that end, the Planning & Zoning Commission is asked to review the attached document tonight and at a later date hold a public hearing on the matter to seek public comment on said document. It will be at that time that the Planning & Zoning Commission will be asked to make an official and formal recommendation to City Council that Chapter 7 be passed by resolution. Analysis: There has recently occurred a bit of confusion where the responsibilities of a private land owners begin and where the construction and maintenance activities of the City of La Porte begin in relation to driveways, driveway construction and driveway locations. Moreover, as many more proposed developments, subdivisions and sections thereof develop in La Porte, staff needs a def nitive mechanism to refer to regarding the specifics and locations of private and commercial driveways. These proposed criteria have been reviewed and agreed upon by the Building Inspections Department and the Public Works Department. These criteria are not intended to conflict with or supersede the Zoning Ordinance or the Building Codes that La Porte follows. Lastly, the City of La Porte is a unique city in regards to its public roads. There exists Texas Department of Transportation (TxDOT) maintained freeways, Harris County maintained arterials, collectors and local roads, city maintained collector and local roads, and privately maintained private roads. With so many different entities having a say in the method and construction used to tie-in a driveway to a frontage road, these criteria were written in an effort to standardize those new driveway tie-ins. PICM • ~ • June 17, 2004 Page 2 of 2 Driveway Spacings and Locations -The proposed Chapter 7 of PICM addresses the issue that has been posed many times regarding the minimum spacing between non-residential driveways along major thoroughfares and collector streets. Without such uniform criteria for such an application, the spacing and sharing of proposed driveways on major thoroughfares and collectors as well as requests for curb cuts for new driveway turn outs has at times been ad hoc. This chapter will put an end to any guesswork associated therewith. Surface Geometry -The proposed Chapter 7 of the PICM will bring a large degree of similarity in the designed and presented residential and non-residential driveways. The specifics of the construction drawings that the City of La Porte may require when a new residential or non- residential development is proposed within the City are covered in the proposed criteria. These driveway design requirements could be handed out to parties interested in developing a site within La Porte (i.e. a neighborhood commercial development) and the City will receive nearly identical products every time after these design criteria are in place. Surface Materials -The City of La Porte currently requires that a "dust free" surface be laid for a driveway. The City of La Porte interprets this "dust free" term to mean either an asphalt or concrete surface. Given that there is a mixture of roadway surfaces in La Porte such as concrete, asphalt or chip seal etc, a flexible enough set of driveway criteria is needed to cover all aspects of possible tie-ins to publicly maintained streets and roads. Such questions are answered in sections 7.09 and 7.10 of the proposed PICM chapter. Driveway Culverts -Since there is a preponderance of open roadside ditch section streets within the City of La Porte city limits, the issue of culvert installation comes up from time to time. Since the city is not allowed to install driveway culverts on Han•is County or TXDOT maintained streets, this issue should and is dealt with fully for both residential and non- residential applications in relation to driveway construction in the proposed Chapter 7 of PICM. Conclusion and Recommendation: Staff has written and reviewed the proposed Chapter 7 to the PICM and after internal review by various City Departments, as well as input from outside consultants such as Windrose Services and Claunch & Miller, has found it to be in accordance with the Development Ordinance of the City, the Zoning chapter of the Code of Ordinances as well as the current mission to provide uniform service to the citizens and developers in La Porte. Staff recommends that the Planning & Zoning Commission review this document in workshop format in preparation for future action on the document. . • CHAPTER 7 DRIVEWAY AND ACCESS REQUIREMENTS 7.01 GENERAL A. These standards describe the general requirements for driveways access. Specific requirements, in addition to these Standazds, may be required by the City of La Porte and, if applicable, can be found in the paving chapter of PICM, Chapter 6. B. The Planning Department shall approve all driveway locations, widths and geometrics that connect to a public street, prior to construction, within the La Porte city limits or extraterritorial jurisdiction. C. A traffic impact study may be required at the discretion of the Director of Planning or his designated appointee as a part of the approval process for driveways and other roadway access. A Traffic Impact Analysis (TIA), when required, shall be prepared by an individual, group, firm or corporation having demonstrated professional emphasis and experience in transportation planning, engineering and in the prepazation of similaz analyses. The TIA document shall beaz the seal and signature of a Texas Registered Professional Engineer. See Appendix A. D. All driveways shall be constructed in accordance with the La Porte Standard Construction Details. E. On a case-by-case basis, the City of La Porte, acting through its Director of Planning or his designated representative, reserves the right to allow deviations from these design criteria. Extreme extenuating circumstances and the geometric and engineering inability to conform to these criteria must be demonstrated in order to receive a waiver from these design criteria. F. These criteria shall in no way be construed to supercede the La Porte Comprehensive Plan. If there aze implicit or explicit conflicts between the Comprehensive Plan and this document then the Comprehensive Plan shall govern. Anywhere the Comprehensive Plan calls for limited access to a public street, right-of--way, thoroughfare, arterial, collector or local road shall not be abridged by these criteria. G. These criteria shall in no way be construed to supercede Chapter 106 (Zoning) of the Code of Ordinances. If there azise implicit or explicit interpretive conflicts between the Zoning Ordinance and these criteria, then the Zoning Ordinance shall govern. 7.02 DEFINITIONS For the purposes of this manual, the following words and phrases shall have the meanings respectively ascribed to them by this section. Access Easement -Aright given by the owner of a parcel of land to another person, public agent or private corporation for specific and limited use of that parcel for free flow of vehicular ingress and egress. Commercial Driveway Approach -The portion of a driveway within the public right-of--way that provides access to property on which an office, retail or commercial center is located, or a multifamily complex having four or more dwelling units is located or any driveway approach which accesses property that is primarily used fora non- residential purpose. Development -The process of converting land within the City's jurisdiction from its natural state, or its existing usage to residential, commercial or industrial use. The term development includes subdivisions as defined in the Development Ordinance. Driveway -Entrance to and exit from premises where it is possible to pazk completely off the street, and which is not open for vehicular traffic except by permission of the owner of such private property. Driveway Approach -Away or place including paving and curb returns between the street travel lanes and private property that provides vehicular access between the roadway and said private property. Driveway Requirements Page 1 of 10 • • Driveway Approach Width -For the purposes of this document, the width of a driveway approach refers to the width of driveway pavement at the point where the property line intersects the driveway pavement. Driveway Easement -See Access Easement. Easement -Aright given by the owner of a parcel of land to another person, public agent or private corporation for specific and limited use of that parcel. Excavation -means any activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks. Industrial Driveway - A driveway which provides access ~to property on which a zoned industrial permitted use is located or any driveway which accesses property that is primarily used for an industrial purpose. Industrial Driveway Approach -The portion of a driveway within the public right-of--way that provides access to property on which a light industrial, heavy industrial or business industrial center, district or business is located or any driveway approach which accesses property that.is primarily used for an industrial purpose. Infrastructure -Any facility or structure proposed to be constructed, reconstructed, repaired, or regraded wholly or partially within right-of--way public easements or connecting to right-of--way, including streets, driveways, sidewalks, curbs, gutters, culverts, open ditches, storm drains, and landscape irrigation facilities. Intersection -The azea embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of two or more roadways, including public street, commercial driveway, residential driveway, driveway approach, alley or combination thereof which join one another at, or approximately at, right angles, or the azea within which vehicles traveling upon different roadways joining at any other angle may come into conflict. Lot - An undivided tract or pazcel of land contained within a block or designated on a subdivision plat by numerical identification. Major Thoroughfaze -Street routes that are identified as major thoroughfares as set forth in the Comprehensive Plan adopted by City Council and as may from time to time be amended. Multi-family residential development -Means the use of a lot for 4 or more dwelling units, within one or more structures. This includes an apartment complex. Residential Driveway - A driveway intended to provide access from a public street to a single adjacent detached residential unit. Residential Driveway Approach -The portion of a driveway within the public right-of--way that provides access to property on which asingle-family residence, duplex, or multi-family building containing five or fewer dwelling units is located. Right-of--way - A strip of land acquired by reservation, dedication, prescription or condemnation and used or intended to be used as a road, utility installation, crosswalk, railroad, electric transmission lines, or similar use. Streets, Collector - A street designed to serve equally the functions of access and movement. Collector streets serve as links between local streets and arterials. Streets, Public - A public right-of--way, however designated, dedicated or acquired, and accepted which provides vehicular access to adjacent properties. . 7.03 DESIGN PHILOSOPHY Driveway Requirements Page 2 of 10 • • A. Large speed differentials among motor vehicles traveling the same or connecting roadways creates unsafe driving conditions. Minimizing speed differentials through the proper design of driveway approaches promotes driver and pedestrian safety. It is desirable that all driveway design create no more than a 20 mph maximum speed differential on roadways. The City strives for a balance between optimal access and safety. B. Generally, as the widths of streets and vehicular speeds increase, the number of driveway approaches should decrease. Driveway approaches accessing major thoroughfares should be situated in a manner that minimizes the number of potential conflict points. A single piece of property served by multiple driveways may increase speed differentials and should be considered undesirable. Regulated access, removing turning vehicles from the traffic stream and channelization of traffic should be determined on asite-specific basis, taking into consideration the policies and requirements of the City and other regulating entities following generally- accepted traffic engineering principles. C. Turn bays and acceleration/deceleration lanes on major thoroughfares shall be considered by the design engineer. Such auxiliary lanes or other effective traffic-controlling methods that will minimize speed differential and increase overall safety shall be considered by the design engineer. 7.04 DESIGN REQUIREMENTS A. Driveways shall not be located within the turning movement areas of intersections and shall be no closer than 40 feet from the nearest intersection as measured from the intersection of the property lines common with the street right-of--way. B. The maximum slope of the approach grade allowed is 5%. C. At a signalized intersection in which a public street terminates at the intersection of a connecting cross street, a driveway may be placed on the cross street as to be in alignment with the terminating street. D. Driveway approaches shall be built with a circular curb radius connecting the raised curb of the roadway to the driveway approach. In order that the definition of the location of the edge of pavement for the roadway may be maintained, driveway approach radii shall always be designed to become tangent to the street curb line. Driveway curb returns shall terminate within the projection of the boundaries of the lot or lots served by the driveway to the centerline of the roadway. This requirement shall not be construed so as to prohibit the used of shared access driveways or shared access easements. E. All driveways shall be designed to intersect the adjacent street at a 90-degree angle. F. Driveways shall not be permitted in the transition area of any right-turn lane, deceleration lane or auxiliary lane unless such auxiliary lane represents the total frontage of the property in question. G. A lot which does not have sufficient frontage to meet the driveway approach spacing requirements herein (an existing, non-conforming lot), shall be allowed no more than one driveway approach. H. All nonconforming driveways on a lot, tract, parcel or site shall be allowed to continue until the occurrence of one or more of the following events: 1. A change in use, or an increase in intensity of use, occurs such that the site requires a ten percent (10%) increase in required parking spaces. 2. Any modification that changes the design or function of the existing driveway. Upon the occurrence of the events described, the nonconforming status of the driveway shall cease and the driveway either be reconstructed in accordance with these design criteria, or eliminated. Commercial and industrial driveways should be designed considering the amount and type of traffic that will be using both the driveway and the adjacent street. Adequate access for service vehicles should be reviewed by determining the size and operating characteristics of service vehicles, particularly the turning radii. In addition, the length of the driveway from the frontage road to the business should also be considered. Residential driveways shall not access major thoroughfares or major collector streets. Driveway Requirements Page 3 of 10 • • 1. Where the recorded subdivision plat forbids the access of driveways onto major thoroughfazes or major collector streets, the ZBOA shall not have authority to issues variances granting vehicular access to them. 2. Subdivision layouts shall be designed to avoid residential homes requiring major collector street access. 3. Residential driveways should access local streets or minor collectors only. 4. Any variance request must be submitted to the Director of Planning. K. For lots with double frontage on two different categories of streets and for corner lots facing two different categories of streets, the only allowed access or driveway(s) to the lot or parcel shall be from the lesser of the two street types. L. All driveway culverts installed in a roadside ditch street section shall be equipped with an appropriately sized safety end treatment (S.E.T.). M. The maximum slope for upward sloping driveways shall be 12%. N. The maximum slope for downwazd sloping driveways shall be 8%. 7.05 RESIDENTIAL DRIVEWAY REQUIREMENTS A. If a single property or pazcel of residential land has more than one access, then there shall be a minimum of 10 feet of separation between driveways as measured from end or curb radius to end of curb radius. B. Every building constructed and located more than 150 feet from a publicly maintained street shall be accessible by way of access roadway or driveway with anall-weather surfaces of not less than 25 feet of unobstructed width of which the first 400 square feet adjacent to the publicly maintained street shall be a dust free surface, shall have adequate funning radii capable of supporting the imposed loads of fire department apparatus and have a minimum vertical cleazance of 14 feet. C. Driveways shall be located a minimum of 25 feet away from the neazest intersection. This distance shall be measured from the intersection of property lines common with street right-of- way lines. D. Circulaz driveways are allowed. E. Residential driveways shall have a minimum curb radius of 2 feet and a maximum curb radius of 5 feet. F. Residential driveway approaches shall have a minimum width of 12 feet and a maximum width of 25 feet. G. Residential driveway approaches within the public right-of--way shall be constructed of concrete unless the public street is constructed of asphalt in which case the approach may be asphalt as well. See the La Porte Standard Details and Article 7.11 for minimum construction requirements. H. All special, non-standard materials, such as exposed aggregate, dyed concrete, concrete pavers, etc. and special . signage, that aze installed by a developer, homebuilder or homeowner shall be specifically approved in writing by the Director of Planning or his designated appointee and shall be maintained by the installer/owner or his assigns at no cost to the City. Any maintenance of non-standazd items by the City of La Porte will be done using standazd materials and methods. I. Residential driveways and residential driveway approaches will not be maintained by the City of La Porte unless they aze damaged by city operation and maintenance activities undertaken by city crews. J. There shall be no shazing of private residential driveways. 7.06 DRIVEWAY REQUIREMENTS FOR DRAWINGS IN NEW RESIDENTIAL SUBDIVISIONS* *(If driveway approaches aze constructed simultaneously with the streets) A. Record elevation of driveways at intersection of driveway centerline with existing or proposed right-of--way line and curbline or edge of pavement at edge of pavement. B. Show in profile the centerline elevation at the property line of existing driveways. Driveway Requirements Page 4 of 10 • • C. Show existing conditions: distances from existing streets, driveways, and/or median cuts to development access. D. Show alignment with existing streets, driveways, and/or median cuts (where allowed under Article 6.03, Section J) to development access. E. The width of all existing or proposed driveways and driveway approaches must be shown on any submitted plan set and be in compliance with these regulations and Chapter 106 of the Code of Ordinances. 7.07 MULTI-FAMILY RESIDENTIAL REQUIREMENTS Multi-family residential developments shall meet the same driveway standazds as non-residential developments. 7.08 NON-RESIDENTIAL DRIVEWAY REQUIREMENTS A. Adequate distance between cross street intersections and access drives shall be provided to ensure intersection/driveway conflict areas are minimized. 1. A minimum of 40 feet of spacing shall separate all non-residential driveways from other driveways. Where pre-existing driveways prevent this spacing from being achieved when new driveways are proposed, shazed/joint access driveways shall be considered and sought. 2. The total number of accesses shall be 1 per every 80 feet of right-of--way frontage or 2 per every 150 feet ofright-of--way frontage. 3. If this distance cannot be met then a separate driveway will not be allowed and a shazed access driveway must be pursued. B. The City of La Porte may require by plat non-residential driveways be shared among different property owners or users when necessary to maintain minimum driveway spacing requirements. Joint-access drives shall be of full driveway width and be built of reinforced concrete pavement. Where applicable, this shall be built at the same time as the first development. C. No cuts through the median or the left turn reservoir shall be permitted. D. Where avoidable, driveways shall not be aligned to require crossing of a delineated left turn lane. E. T'he use of right-turn only islands and traffic diverters at driveway exits is encouraged. The City of La Porte acting through its Planning Director or his designated representative may require their use under certain circumstances. F. Undivided commercial driveway approaches shall have a minimum width of 20 feet and a maximum width of 25 feet as measured at the property line. G. Undivided industrial driveway approaches shall have a minimum width of 30 feet and a maximum width of 40 feet as measured at the property line. H. For driveways that contain a landscape median or island, the median or island shall be a raised median a minimum of 6 feet wide. I. Non-residential driveway approach curb radii shall be ] 0 to 15 feet. J. Driveways shall be included and shown on a completed site plan in accordance with Ordinance 1444 and amendments. K. Up to but not exceeding 40% of the property frontage may be dedicated or used for driveway access. L. Grading and Drainage: Use drainage swales, sidewalks and driveways, culverts, storm sewers, pazking lots, landscape easements or a combination thereof for internal site drainage. Alleys shall not be used to convey drainage from adjacent property. Do not grade or slope land to drain to the alley under any circumstances. M. Non-residential driveways shall match existing openings in medians, whenever possible unless otherwise approved in writing by the Director of Planning or his designated appointee. Driveway Requirements Page 5 of ] 0 • • N. Where anon-residential driveway, alley, or any roadway that is controlled by a stop sign intersects with an uncontrolled thoroughfare, the corner clip design criteria as defined and outlined in Chapter 6, Article 6.03, Section D, Clause 2 shall be adhered to. O. Every building constructed and located more than 150 feet from a publicly maintained street shall be accessible by way of access roadway or driveway with an all-weather surfaces of not less than 25 feet of unobstructed width of which the first 400 squaze feet adjacent to the publicly maintained street shall be a dust free surface, shall have adequate turning radii capable of supporting the imposed loads of fire department apparatus and have a minimum vertical cleazance of 14 feet. P. Private driveways, alleys, and parking lots within shopping centers, commercial areas, or industrial developments shall not be considered streets. 7.09 COMMERCIAL AND INDUSTRIAL DRIVEWAYS ALONG MAJOR THOROUGHFARE AND COLLECTORS A. The requirements of Article 7.08, Section A shall apply with respect to driveway approach spacing and location along major thoroughfazes and collector streets. Spacing between non-residential driveways should be measured along the property line from the end of the curb return of one driveway to the end of the curb return of the next driveway and not from centerline to centerline. 1. Driveway approaches accessing major thoroughfares and collectors shall be aligned with opposing driveway approaches, if any. Such proposed driveways and their turning movements shall not interfere with left turn lane storage capacity and shall not overlap a left turn lane. This shall apply in all situations whether or not a left turn lane exists at the location of the proposed driveway or not. 2. The spacing and location regulations of driveways shall be applied to proposed driveways, including those shown on approved site plans and plats, in relation to any existing driveways. 3. Driveways shall be spaced at distances sufficient to ensure that turning movements from adjacent driveways do not conflict or overlap. B. Entrances to non-residential driveway approaches shall be designed so as to provide adequate sight distance required for safe travel and shall never be below the minimum set forth in Chapter 6, Article 6.03, Section E, Clause 2. Except where a TIA states that a larger sight triangle is needed, the following table shall be considered the minimum sight triangle distances for the corresponding posted speed limit: Posted S eed Limit (m h Minimum Si t Trian le Distance (ft) 25 24 30 54 35 104 40 154 45 ~ 204 50 254 C. Turning lanes shall meet the minimum requirements of the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" D. Notwithstanding any other requirements set forth herein, stop sign controlled driveway exits shall be required of driveway approaches that generate 1,000 vehicles per day or more in traffic. Such sign installations shall conform to TMUTCD guidelines. The stop sign shall be located at the right-of--way line. Driveway Requirements Page 6 of 10 • • E. Deceleration lanes for right-turns into driveways shall be required if necessary as determined by a TIA to minimize driveway/roadway conflicts. Such determination may be based on a TIA that the City of La Porte may require of the developer. 1. No driveway shall be permitted within the transition area of a right-turn or deceleration lane, unless otherwise approved by the Director of Planning or his designated appointee. 2. The developer shall be responsible for the design, ROW adjustment of utilities, and construction costs of any auxiliary and deceleration lane required as a condition of these driveway design criteria. 3. An additional 10 foot street easement shall be provided for the deceleration lane itself for non-residential developments where it is deemed necessary by the City of La Porte. 4. Refer to Article 6.03, Section H of PICM for deceleration/auxiliary lane design standards. 5. No fence, wall, screen, sign, structure, foliage, hedge, tree, bush, shrub, berm, driveway planting, parking, or any other item, either man-made or natural shall be erected, planted, or maintained in a position that will obstruct or interfere with a driver's clear line of sight within the sight triangle as mentioned in Article 7.09, Section B above. 6. Minimum Right Turn Lane Storage (Use the minimum storage bay length set forth in Article 6.03, Section I, Clause 1 of these design criteria for right turn lanes.) a. A minimum separation of ] 0 feet shall be provided from a preceding driveway curb return to the transition of a right-turn lane. b. No driveways are permitted within the transition area of the right turn lane under any circumstances. 7.10 UTILITY COORDINATION A. Avoid placing new manholes, new fire hydrants, new water valves, new water meters or other appurtenances in existing driveways or in the street in front of, or immediately adjacent to, an existing driveway except by explicit permission of the City of La Porte. B. Culverts: 1. Residential a. Residential culverts shall be reinforced concrete pipe. Corrugated metal pipe will not be approved. b. Corrugated Plastic Pipe may be used in lieu of concrete pipe if the manufacturer's recommendations for depth of cover and bedding requirements can be met. If the manufacturer's recommendations are less than the City of La Porte minimums per the standard details, then the City of La Porte depth of cover requirements shall be used. c. Culverts shall be placed at all driveway and roadway crossings, and other locations where appropriate in open ditch roadway sections. There shall be no distinction made between driveway culverts and the underground storm sewer system in closed conduit curb and gutter street sections. d. Residential culverts must be purchased by the landowner. e. Residential culverts 36 inches in diameter and larger must be purchased in 4 foot sections. f. Residential culverts and appurtenances will be installed by the City of La Porte Public Works Deparhnent in open roadside ditch situations provided they are 36 inches in diameter or smaller. Residential driveway culverts larger than 36 inches in diameter shall be installed by a private contractor of the owner's choosing at the owner's expense. 2. Driveway culverts will be sized by the City of La Porte Planning Department except when the proposed driveway will tie into an Harris County or Texas Department of Transportation Driveway Requirements Page 7 of 10 • • (TxDOT) maintained road or right-of--way in which case those governing agencies must be sought for culvert size information, approval and permitting. 3. Developer driven and developer built residential subdivisions or such in-fill developments utilizing an open ditch roadway section shall have the culverts set by the developer's builder or contractor. The City of La Porte Public Works Department will not install the culverts in these cases. 4. The resident, not the City of La Porte, is responsible for providing base materials to cover any residential driveway culverts placed~by city forces. 5. Commercial/Industrial a. Commercial and industrial driveway culverts will not be installed by the City of La Porte, and shall be installed by a private contractor of the owner's choosing at the owner's expense at flowline elevations set by the City of La Porte. C. When installing new utilities across an existitg concrete driveway, concrete driveways should be bored and jacked, microtunneled, or augured. 1. Bore length shall be computed as driveway width at bore plus 10 feet to either side. 2. Where driveways cross culvert pipe sections along open ditch streets and the proposed water main is less than 4 feet from and parallel to the culvert pipe, the length of bore, microtunnel or auger shall be the same as the length of culvert pipe. 3. All new public utilities shall be a minimum of 1 foot below the driveway pavement surface. D. Bore pits shall be at least 5 feet from back of curb on a major thoroughfare and at least 3 feet from back of curb in all other areas. 1. Bore pits in highway, county road, or railroad right-of--way shall conform to these requirements and to the requirements of the crossing permit and/or use agreement as required by that entity. 2. All bore pits shall be shored in accordance with OSHA requirements. 3. Bore pits and/or receiving pits to be located in street or driveway paving, shall be shown on plans. 7.11 CONSTRUCTION REQUIREMENTS A. Approach 1. Connecting to Concrete Street a. Concrete Approach 1) The landowner or developer shall be responsible for the construction of the concrete approach. 2) The concrete approach shall be doweled into the existing concrete pavement and such construction shall be in accordance with the La Porte Standard details. 3) Where 4 inch laydown curb and gutter sections are not provided to ease driveway construction, make a full depth saw cut a maximum of 18 inches out into the existing concrete street. Dowel concrete approach into existing concrete with 24 inch #3 rebar dowels at 18" C-C or #4 rebar dowels at 18" C-C. 4) Concrete approaches shall be a minimum of 3000 psi concrete and shall be reinforced with a minimum of #3 bars at 18 inches on center or #4 bars at 24 inches on center. Driveway Requirements Page 8 of 10 • • 5) In the cases where the driveway is asphalt and the adjoining public street is concrete, the approach must be concrete. 6) A concrete approach is required when the adjoining public street is concrete. 7) Tie the rebar from the approach into the rebar of the connecting sidewalk. In .all cases use driveway reinforcing for the portion of the sidewalk crossing the approach. b. Asphalt Approach 1) No asphalt approaches are allowed to tie into in a concrete street section. 2) Asphalt driveways are permissible even when the adjoining public street is a concrete street. 2. Connecting to Asphalt Street a. Concrete Approach 1) Allowed only if the driveway is also concrete. 2) Stop the concrete approach 24 inches short of the existing edge of pavement to facilitate construction of an asphalt tie-in to the asphalt street. 3) The City of La Porte Public Works Department will construct an asphalt tie-in from the concrete approach for new driveways only. 4) The reconstruction of an existing approach and tie-in shall be the responsibility of the landowner unless the approach, driveway or tie-in is disturbed by city maintenance activities. 5) Tie the rebar from the approach into the rebar of the connecting sidewalk. In all cases use like rebar for both the sidewalk and the approach. 6) Concrete approaches shall be a minimum of 3000 psi concrete and shall be reinforced with a minimum of #3 bars at 18 inches on center or #4 bars at 24 inches on center. b. Asphalt Approach It shall be the responsibility of the landowner to tie the asphalt of the proposed driveway and approach into the asphalt of the existing street. B. Driveways 1. Flared entrances on driveways are not allowed. 2. Concrete driveways shall be reinforced with a minimum of #6x6x6 Welded Wire Mesh or greater. 3. Driveways shall conform to all criteria for same listed in Chapter 106 of the La Porte Code of Ordinances. 7.12 MEDIAN OPENINGS FOR DRIVEWAYS A. Residential 1. Requested new residential median cuts must meet the spacing requirements listed in Article 6.03 Section J in order to be considered. Driveway Requirements Page 9 of 10 • • Under no circumstances does the city intend to convey that there is an explicit or implied right for a median cut to exist for any single ormulti-family residential driveway. B. Commercial and Industrial applications 1. Median openings may be constructed to serve commercial and/or industrial driveways provided that the minimum spacing requirements found in Chapter 6, Article 6.03, Section J are met. Left-turn lanes may be provided at all median openings and may be required by the City of La Porte where the city deems it necessary. Such new construction, when not initiated by the City of La Porte, will be at the expense of the developer. ?. Median openings for street intersections and commercial and/or industrial driveways may be moved, closed or modified at the discretion of the City to facilitate traffic flow. Such new construction, when not initiated by the City of La Porte, will be at the expense of the developer. Driveway Requirements Page 10 of 10 • • Staff Report October 21, 2004 Truck Stops Zoning Ordinance Amendment DISCUSSION PAPER City Council has directed the Planning and Zoning Commission consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-521; Table A, Industrial Uses, to amend, change or modify conditions to allow truck stops in a Business Industrial (BI) zone. Staff assessed existing development conditions and future development strategies relating to the development of truck stops in a Business Industrial zone. Staff analyzed the situation thoroughly and presents this item to the Planning and Zoning Commission for their discussion and recommendations to City Council for the following changes to the Code of Ordinances relating to the development of truck stops: Existing Requirements: Zoning -Under Section 106-441, Table A, Commercial Uses, truck stops aze prohibited in commercial districts. The interpretation of the classification is that service stations (SIC Code#554) aze permitted uses excluding truck stops. Under Section 106-521, Table A, Industrial Uses, there aze a vaziety of activities relating to trucking operations or requiring lazge trucks for business purposes (i.e. general contractors, heavy construction, highway transportation terminal and service facilities, etc.) Truck stops, however, specifically aze not mentioned. Currently, an unlisted use, truck stops require a Special Conditional Use Permit (SCUP) from the City. In addition, any development in the Planned Unit Development (PUD) zoning districts over five acres requires a SCUP along with a General Plan. Building Setbacks - Section 106-522, Table B, Industrial azea requirements stipulates predominantly 50' of front setback for Business Industrial and Heavy Industrial zoning districts. In addition, the Light Industrial would need setbacks of Front 20', Reaz 10', and Side 10'. Landscaping /Screening - For the parking azeas that aze adjacent to public rights-of--way, screening is required. A planting strip four feet wide with evergreen plants that aze minimum height of four feet and within two yeazs grow up to six feet in height is required. In addition, landscape plans with trees, shrubs, and ground cover, aze required to be submitted and approved by the enforcement officer. Planning & Zoning Comm~n • October 21, 2004 Truck stops Zoning Ordinance Amendment Page 2 of 3 Recommended Requirements: Zoning -Truck stops should. be allowed only in the Business Industrial (BI) zoning district subject to restrictive measures such as smoke, dust, odor, lighting and glare and strictly along anapproved/established truck route. There is currently vacant land with access to Bazbours Cut Boulevazd, State Highway 146 North, and Fairmont Parkway neaz the UPRR that is zoned Business Industrial (BI). Section 106-441, Table A, Commercial Uses, has listed the service station category twice. First, Service Stations (SIC#554) aze permitted uses in General Commercial (GC) zoning districts. Second, Service Stations excluding truck stops (SIC#554) aze permitted uses in GC. Staff suggests deleting the first category from commercial uses table to avoid confusion. In addition, the truck stops will be a permitted use in the Planned Unit Development (PUD) zone subject to a conditional use permit with a tract of land not less than five acres. Setbacks -Truck stops should adhere to the minimum setbacks already established for the BI zone of Front 50', Reaz 40', and Side 30'. In addition, when BI zoning districts aze adjacent to residential zoning districts, setbacks of Front 50', Reaz 40', and Side 30' aze already stipulated by the ordinance. It is recommended that this particular provision of the ordinance may add a minor change of footnotes. In the case of adjacent to residential zoning districts, screening and other performance standazds shall be applicable for this particulaz use. Landscaping /Screening - Truck stops development specifically truck parking, should be screened from the view of adjacent residential districts. Staff suggests a minimum landscape setback of 20 feet adjacent to residential azeas. Landscaping and screening could be achieved as currently stated in the zoning ordinance. However, a more effective technique needs to be employed that actually achieves this objective. This could be accomplished in a number of different ways. 1) The property owner could leave in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening. 2) The property owner could use earthern berms with a combination of trees, shrubs, and groundcover that after three yeazs growth will be at least 10-15 feet in height and creates a continuous visual screen. Along with the screening requirement, a minimum percentage of landscaping should be stipulated within the ordinance. A 6% is recommended to be consistent with current requirements in the commercial and industrial zoning districts. The required screening would Planning & Zoning Commis ion • October 2l , 2004 Truck stops Zoning Ordinance Amendment Page 3 of 3 count towazd the minimum landscaping requirement. The landscape buffer is recommended for this particulaz activity. Performance Standards -Truck stops should meet the following minimum performance standazds and be in compliance with the appropriate federal, state and local regulations: • Lighting and glaze • Radiation and electrical emission • Smoke • Dust • Odor • Explosives • Noise Conclusions• City Council intends to provide the best services to its citizens and visitors to La Porte. Future development of the community depends on maintaining and enhancing the local economy. Truck trafficking is an existing commodity due to the Bazbours Cut Terminal and the Port. Bazbours Cut Boulevazd is an established major truck route which can provide services to these travelers. Council has set priorities with economic development as one of the highest. The goal is to foster the growth and retention of business activity and, through a healthy local economy, provide employment opportunities and a strong tax base. The above stated recommendations are based on Planning Department staff reseazch and direction provided by the Commission during the September 16, 2004 meeting. Staff recommends truck stops should be allowed in a Business Industrial (BI) zoning districts. City staff is also using this opportunity to bring an existing truck stop, apre-existing, non- conforming facility at the northeast corner of W. Bazbours Cut Boulevazd and State Highway 146 into a more conforming. It is staffls opinion that recommendations allow for reasonable development of truck stops with the said stipulations that will provide sound development and promote public health, safety, and general welfaze of the community. The La Porte Comprehensive Plan is focused on physical development; the above change would not be contrary to the goals and intent of the Comprehensive Plan. • • Staff Report October 21, 2004 Maximum Height in Zoning Districts Zoning Ordinance Amendment DISCUSSION PAPER City Council has directed the Planning and Zoning Commission to consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-333; Table B., Residential Area Requirements, Section 106-443; Table B., Commercial Area Requirements and Section 106-522; Table B., Industrial Area Requirements. The purpose is to amend, change or modify the maximum allowable height for structures within those zones. Staff analyzed the situation thoroughly and presents this item to the Planning and Zoning Commission for their discussion and eventual recommendations to City Council for the following changes to the Code of Ordinances relating to maximum allowable heights for structures. Existing Requirements: Zoning -Under the Sections listed above, the maximum allowable heights for structures are: Residential • Single Family detached--- 35 feet • Single Family lazge Lot--- 45 feet • Single Family Special Lot- 35 feet • Duplexes--------------------- 45 feet • Single Family Converted-- 35 feet • Townhomes/Quads--------- 45 feet • Multifamily------------------ 45 feet • Manufactured Housing---- 25 feet CommerciaVIndustrial • General Commercial------- 45 feet • Business Industrial--------- 45 feet • Light Industrial-------------- 45 feet • Heavy Industrial------------- 45 feet NOTE: Shipping Containers aze governed by a separate ordinance which establishes the maximum stacking to be four (4) containers regazdless of height. Planning & Zoning Comm~n • October 21, 2004 Maximum Height Zoning Ordinance Amendment Page 2 of 4 Background • As previously explained, the exact reason for establishing the maximum height for buildings within the City at 45 feet is not known. Discussion of fire protection and the general blocking of view were offered as possible reasons. • The current discussion was precipitated by the application of a proposed Hotel, constrained by narrowness of available land for development, to build a fourth story and thereby exceeding the maximum allowable height of 45 feet by a total of 6 feet. • Given the economic challenges to development posed by in-fill lots and the reduced dimensions of available land, commercial developers are beginning to seek relief from the height requirement to make their project more economically feasible. Adding stories to buildings compensates for the reduction of footprints at the base of the building to allow room for required pazking, landscaping and maneuver isles. Viewing economic development as a priority, City Council is requesting a review of the issue. • As was briefed at previous Planning and Zoning Commission and Zoning Boazd of Adjustment meetings, the LPFD has no issue with fighting fires in taller buildings. While current equipment can reach 100 feet, a good rule of thumb is 7 stories (70 feet) due to having to position the truck to fight the fire. This limitation, however, does not prevent the building from adding stories in excess of 70 feet. LPFD has stated that subject to the structures being built to building and fire codes (e.g. requiring a sprinkler system); they see no limiting factor to height of the building from their perspective. The fire Code, with amendments, states: 603.15.9 Additional Required Automatic Sprinkler Systems In addition to any other fire and/or building code requirements the following occupancies shall be totally equipped with a sprinkler system. 1. ASSEMBLY OCCUPANCIES (A) All Class A assembly occupancies. (B) When a Class B assembly occupancy is located in a building above the level of exit dischazge, the entire building shall be equipped with a sprinkler system. Planning & Zoning Comm~n October 21, 2004 Maximum Height Zoning Ordinance Amendment Page 3 of 4 (C) When a Class C assembly occupancy is located in a building two (2) stories or more above the level of exit discharge, the entire building shall be .equipped with a sprinkler system. 2. BUSINESS OCCUPANCIES A business occupancy 3 stories or more in height shall be totally equipped with a sprinkler system. 3. RESIDENTIAL OCCUPANCIES (A) Hotels, motels, dormitories or lodging or rooming houses 3 stories or more in height, with exterior means of egress, the entire building shall be totally equipped with a sprinkler system. (B) Hotels, motels, dormitories or lodging or rooming houses 2 stories or more in height, with interior means of egress, the entire building shall be totally equipped with a sprinkler system. (C) Apartment buildings, townhouses and condominiums 3 stories or more in height, with interior means of egress, the entire building shall be totally equipped with a sprinkler system. (D)Apartment buildings, townhouses and condominiums 2 stories or more in height, with interior means of egress, the entire building shall be totally equipped with a sprinkler system. (ORD. No. 98-2221, § 2-9-98) • Similarly, Table 503 of the International Building Code (IBC) addresses height requirements. Table 503 utilizes intended use & construction type of buildings to determine allowable height and areas for a building. • Later sections (Sec. 504) does allow for some increase in building stories/height when automatic sprinkler system requirements are met; and Sec. 506 provides for some area modifications based on certain setbacks & sprinkler systems. • The building code is, in fact, more restrictive than the Fire Codes. Even with sprinkler systems, most building height & area limitations are not unlimited and are governed by the IBC. • Future major developments would require flow testing on the water distribution system in vicinity of the proposed project to determine fire suppression capabilities in relation to the proposed height of the project. Planning & Zoning Com~n October 21, 2004 Maximum Height Zoning Ordinance Amendment Page 4 of 4 Recommended Requirements: • Since family/residential structures are habitually not sprinklered, Staff, at this point, recommends residential use requirements as currently presented in the Zoning Ordinance regarding maximum allowable heights remain intact. • CommerciaUIndustrial maximum height requirements are removed. Conclusions• The footprint of remaining land in the commercial and industrial zones of the City, due to shape and size, is becoming more restrictive~to development. Economic development is one of the highest Council priorities. The factors promoting economic development, however, must be balanced with factors of `safe' development. Given that the LPFD has no issues with maximum heights of building (with building and fire codes remaining current and updates approved); and since the Fire Code and the IBC are both restrictive on the heights of buildings in light of other considerations on a case- by-case basis, the City Staff feels that it is in the best interests of the City of La Porte to eliminate the stated height restrictions for commerciaUindustrial properties. In lieu of the current restriction of 45 feet, each project would be reviewed by Staff on its own merits and in relation to the existing Fire Code and IBC to determine supportability. In addition, the Planning Department would assume the flow testing duties to ensure appropriate fire suppression capabilities in relation to the height of the proposed structure. We believe that this measure represents an equitable balance between economics and safety. As an additional requirement, to avoid approvals of projects that might conflict with our municipal airport, a footnote must be added. to the Commercial and Industrial tables to direct developers and Staff to .the City's Part 77, Airspace Plane. This Plan identifies height restrictions with Airport Approach Zones. • ~ • Staff Report October 21, 2004 40% LOT COVERAGE RULE Zoning Ordinance Amendment DISCUSSION PAPER The Zoning Boazd of Adjustment has had several hearings for vaziances to the maximum lot coverage rule as stated in the Zoning Ordinance and there are several cases pending. At issue aze homes that aze built close to, or at the maximum allowable lot coverage leaving little or no room for patio covers, accessory buildings, sheds, etc. There have been several requests to study the issue to determine if there is some formula or calculation that better defines lot coverage than what is currently being used to set the standazd. Existing Requirements: Zoning Definition: Lot Coverage means the area under roof on any given lot. Zoning Requirements: • Section 106-333 Table B, residential area requirements: - Single Family Detached-------40% - Single Family Lazge Lot------ 30% - Single Family 0-Lot Line----- 60% - Duplexes------------------------ 60% - Single Family converted/MF- 50% . - Townhouses, quadraplexes--- 75% - Manufactured Housing-------- 60% • Section 106-443 Table B, commercial area requirements: - Neighborhood Commercial:--50% - General Commercial---------- 40% - Main Street District----------- 60% - Main Street Overlay---------- 80% • Section 106-522 Table B, industrial area requirements: - Business Industrial------------ 50% - Light Industrial---------------- 70% - Heavy Industrial-------------- 30% Planning & Zoning Comm~n October 21, 2004 40% Coverage Rule Zoning Ordinance Amendment Page 2 of 3 Background As stated, the issues before the ZBOA have been maximum coverage issues for single family, detached dwellings. Staff habitually sees subdivisions with homes at 39.9% coverage. These homes aze built with uncovered patio slabs that homeowners, eventually, desire to cover in order to gain maximum use and value of their homes. Covering the patios with a roof adds to the squaze footage of cover for the lot and inevitably pushes the house beyond the 40% threshold. ZBOA, in most cases, has authorized the variances. • Staff analyzed the situation with all of the pending cases to determine an equitable way to possibly alter the zoning criteria to maintain the intent of the ordinance while alleviating the need for ZBOA to heaz additional cases for variances. The Public Improvement Criteria Manual (PICM) uses a 55% coverage factor for drainage. The criteria, however, take into account the roofed structures and all impervious cover created by driveways, carports, sidewalks and slabs. Applying these criteria to pending cases did not resolve the issue in that all properties remained in violation of coverage requirements. • Staff also considered elevating the coverage criteria to a higher percentage of the lot. We agreed, however, that builders would tend to simply construct the homes to a lazger size thereby presenting the same challenges. Recommended Requirements: • The International Residential Code exempts a detached accessory structure of not more than 200 S.F. from permit requirements. Placement issues, however, does require the City of La Porte to require a permit regazdless of size. The City could choose to exempt this type of structure from the 40% rule and leave the maximum 25% rear yazd coverage requirement without adversely affecting the open azea. • Patio Covers aze a major issue for most homeowners. To solve the issue of coverage, Staff recommends exempting from the 40% rule unenclosed patio covers of 500 S.F. or less. This will allow the City of La Porte to limit the total S.F. of the primary structure and still be sensitive to the needs of the citizens. 2 Planning 8c Zoning Comml~fon October 21, 2004 40% Coverage Rule Zoning Ordinance Amendment Page 3 of 3 Conclusions• Recommend exemption of the following structures from the 40% coverage calculations on Single Family Detached homes: - Accessory Buildings 200 S.F. or less. - Patio covers 500 S.F. or less. • Coverage requirements for all other developments remain intact.