Loading...
HomeMy WebLinkAbout03-16-06 Regular Meeting of the La Porte Planning and Zoning Commission Minutes will be presented at the Meeting PLANNING AND ZONING COMMISSION MINUTES OF MARCH 16, 2006 Members Present: Paul Berner, Nick Barrera, Doretta Finch, Dottie Kaminski, Kirby Linscomb, Jr., and Pat Muston Members Absent: Claude Meharg, Hal Lawler (Alt. 1), and Les Bird (Alt. 2) City Staff Present: Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Traci Koenig 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:07 p.m. 2. APPROVE MINUTES OF THE FEBRUARY 16, 2006, REGULAR MEETING AND PUBLIC HEARING. Motion by Paul Berner to approve the minutes of the February 16,2006, meeting. Second by Dottie Kaminski. The motion passed. Ayes: Nays: Abstain: Berner, Barrera, Finch, Kaminski, Linscomb, and Muston None None 3. CONSIDER FINAL PLAT FOR "LAKES AT FAIRMONT GREENS, SECTION I" TO BE LOCATED ALONG WHARTON WEEMS BOULEVARD AT STATE HIGHWAY 146. Planning Director Wayne Sabo presented staffs report. Arete Real Estate and Development (65 La Porte, Ltd.) has requested Final Plat approval for Section I of a major subdivision known as Lakes at Fairmont Greens, consisting of 92 single-family residential lots along Wharton Weems Blvd. between SH 146 and the golf course. A General Plan and Special Conditional Use Permit were previously approved. Water service runs north to south along the feeder of SH 146. Sewer service is under design and anticipated to be ready for bid within several months. All other infrastructure is the responsibility of the owner/developer. Mr. Sabo reviewed the items that should be addressed prior to plat recordation. Motion by Nick Barrera to approve the Final Plat for Lakes at Fairmont Greens, Section I, with the following items being addressed prior to recordation of the plat: ~ All construction improvements are complete at site. ~ Furnish approval letter from Harris County Flood Control District for the drop structure to Taylor Bayou. ~ Sidewalks shall be installed along both sides of all public streets in the subdivision and stated on the plat, with the exception of sidewalks along Wharton Weems Blvd., which are not being considered at this time. Planning and Zoning Commission Minutes March 16, 2006 Page 2 ~ Copies shall be submitted of TXDOT driveway permits for access along Wharton Weems Blvd. ~ Delete reference of Reserve "A" as shown in Restricted Reserve "B". ~ Add to Note #11 on the Final Plat, Public Improvement District and/or "Homeowner's Association", and "Public" pedestrian/bicycle trails. ~ Add to Notes #7 and #8, "Public" pedestrian access. ~ Covenants, Conditions, and Restrictions shall be approved by the City Attorney. Reference of fencing standards adjacent to the Golf Course must be stated in covenants, conditions, and restrictions. Fencing standards/design shall be reviewed by the TIRZ Board. ~ Conditions of the approved Special Conditional Use Permit and General Plan shall be applicable to this development. ~ Payment of$707.97 shall be made to the City for street sign installation. ~ Payment in amounts yet to be determined to be made to the City for streetlight installation and one-year service cost. ~ Payment of $16, 1 00 shall be made to the City in lieu of parkland dedication. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Berner, Barrera, Finch, Kaminski, Linscomb, and Muston None None 4. CONSIDER FINAL PLAT FOR "RETREAT AT BAYFOREST NORTH SUBDIVISION" TO BE LOCATED ALONG SOUTH BROADWAY (OLD HIGHWAY 146). City Planner Masood Malik presented staffs report. Don Meeks has requested Final Plat approval of a minor subdivision known as Retreat at Bayforest North, consisting of 18 single-family residential lots along S. Broadway, adjacent to the golf course. Mr. Malik reviewed the items that should be addressed prior to plat recordation. Motion by Paul Berner to approve the Final Plat for Retreat at Bayforest North Subdivision with the following items being addressed prior to recordation of the plat: ~ All construction improvements are complete at site and accepted by the City. ~ Furnish approval letter from Harris County Flood Control District for the drop structure to the adjacent drainage easement. ~ Sidewalks shall be installed along both sides of all public streets within the subdivision. ~ Copies shall be submitted of TXDOT driveway permits for access along S. Broadway. ~ Covenants, Conditions, and Restrictions shall be approved by the City Attorney. A reference of fencing standards adjacent to the golf course must be stated in the covenants, conditions, and restrictions. Fencing standards/design shall be subject to approval by the TIRZ Board and the City. ~ Payment shall be made to the City for street sign installation, streetlight installation/service, and parkland fees. Second by Kirby Linscomb. The motion carried. Planning and Zoning Commission Minutes March 16, 2006 Page 3 Ayes: Nays: Abstain: Berner, Barrera, Finch, Kaminski, Linscomb, and Muston None None 5. CONSIDER FINAL PLAT FOR "RETREAT AT BAYFOREST SOUTH SUBDIVISION" TO BE LOCATED ALONG SOUTH BROADWAY AT WHARTON WEEMS BOULEVARD. City Planner Masood Malik presented staffs report. Don Meeks has requested Final Plat approval of a minor subdivision known as Retreat at Bayforest South, consisting of 10 single-family residential lots along S. Broadway at Wharton Weems Blvd. Mr. Malik reviewed the items that should be addressed prior to plat recordation. Motion by Dottie Kaminski to approve the Final Plat for Retreat at Bayforest South Subdivision with the following items being addressed prior to recordation of the plat: >- All construction improvements are complete at site and accepted by the City. >- Furnish approval letter from Harris County Flood Control District for the drop structure to the adjacent drainage easement. >- Sidewalks shall be installed along both sides of all public streets within the subdivision. >- Copies shall be submitted of TXDOT driveway permits for access along S. Broadway. >- Covenants, Conditions, and Restrictions shall be approved by the City Attorney. A reference of fencing standards adjacent to the golf course must be stated in the covenants, conditions, and restrictions. Fencing standards/design shall be subject to approval by the TIRZ Board and the City. >- Payment shall be made to the City for street sign installation, streetlight installation/service, and parkland fees. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Berner, Barrera, Finch, Kaminski, Linscomb, and Muston None None 6. CONSIDER FINAL PLAT FOR PORT CROSSING, SECTION 1, TO BE LOCATED ALONG SOUTH 16TH STREET (POWELL ROAD) WITHIN THE PROPOSED TEXAS IMPORTIEXPORT PARK. Mr. Sabo presented staffs report. The applicant has requested Final Plat approval for Section I of Port Crossing for an industrial warehouse and storage facility to be located within the proposed Texas Import/Export Park along South 16th Street. The General Plan, Special Conditional Use Permit, and Developer's Agreement were previously approved. Mr. Sabo reviewed the items that should be addressed prior to plat recordation. Motion by Nick Barrera to approve the Final Plat for Section I, Phase I, of Port Crossing with the following items being addressed prior to recordation of the plat: Planning and Zoning Commission Minutes March 16, 2006 Page 4 ~ Final Plat shall not be released until property transactions are complete and proper documents are filed with the City. ~ Construction drawings shall be complete prior to issuance of building permits. ~ Add the following statement on the plat: "Developer shall dedicate a 40' wide strip to the East for the future widening of Powell Road." ~ The Drainage Plan requires approval by Harris County. The detention pond and maintenance thereof shall be the sole responsibility of the owner/developer. ~ Provisions of the approved Special Conditional Use Permit, General Plan, and Development Agreement are applicable and must be applied to the entire project. ~ Covenants, Conditions, and Restrictions shall be approved by the City Attorney. A reference of detention pond and pump station maintenance must be stated in Covenants, Conditions, and Restrictions. ~ Replace language on the Final Plat to reflect "Port Crossing Business Park, Section 1, Phase 1." ~ Add a note on the plat: 100' wide BL/landscape buffer is for dual use, drainage and landscaping. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Berner, Barrera, Finch, Kaminski, Linscomb, and Muston None None 7. OPEN WORKSHOP TO CONSIDER LA PORTE 2020 COMPREHENSIVE PLAN 5- YEAR UPDATE SUBMITTED BY THE COMPREHENSIVE PLAN REVIEW COMMITTEE. Workshop opened by Chairperson Muston. Mr. Sabo reported the Comprehensive Plan Review Committee has completed its review of the Comprehensive Plan, which was last updated in 2000. As part of a five-year review, the Committee noted accomplishments to date, as well as future goals and objectives that should be included. On the draft 2005 update, blue print represents text added after the last review of the Committee; and red type represents areas the Committee thought there was not enough progress. Several Commission Members commented favorably on the update. Staff anticipates placing this item for Commission action on next month's agenda. 8. CLOSE WORKSHOP Workshop closed by Chairperson Muston at 6:53 p.m. 9. ADMINISTRATIVE REPORTS Staff reported the following: ~ Development Highlights Report provided to Commission ~ Revised map of the target area in the Buxton Study is under review Planning and Zoning Commission Minutes of March 16,2006 , Page 4 Committee noted accomplishments to date, as well as future goals and objectives that should be included. On the draft 2005 update, blue print represents text added after the last review of the Committee; and red type represents areas the Committee thought there was not enough progress. Several Commission Members commented favorably on the update. Staff anticipates placing this item for Commission action on next month's agenda. 8. CLOSE WORKSHOP Workshop closed by Chairperson Muston at 6:53 p.m. 9. ADMINISTRATIVE REPORTS Staff reported the following: ~ Development Highlights Report provided to Commission ~ Revised map of the target area in the Buxton Study is under review ~ Special Conditional Use Permit for medical office along S. Broadway approved by Council ~ AP A Conference attendance ~ TIRZ Board will review construction drawings for developments within the TIRZ ~ Resignation of Traci Koenig announced 10. COMMISSION COMMENTS There were none. 11. ADJOURN Motion to adjourn by Paul Berner. Second by Dottie Kaminski. The motion carried. Ayes: Nays: Abstain: Berner, Barrera, Finch, Kaminski, Linscomb, and Muston None None Prepared by, f1~ pe~ Secretary, Planning and Zoning Commission Approved on this {}'O E~ Chairperson, Planning and Zoning Commission day ~f ~ ,2006. 3 Boat/RV Parking Exhibits A. Staff Report B. Section 106-741 (h), Section 106- 834(g) & Section 106-837(6) Staff Report April 20, 2006 Boat/RV Parking Zoning Ordinance Amendment Back2round City Council has directed Staff and the Planning and Zoning Commission to consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-741(h), Section 106-834(g), and Section 106-837(6) pertaining to parking of boats and recreational vehicles in the residential zoning districts of the City. The purpose is to amend, change or modify the requirements for accessory use and/or equipment allowed within these zones. Staff analyzed the situation thoroughly and presents this item to the Planning and Zoning Commission for discussion and subsequent recommendation to City Council. Definition: Major accessory/recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches, motorized dwellings, utility trailers, and cases or boxes used for transporting recreational equipment, whether or not equipment is stored in such case or box. Existine: Requirements: Zoning: Low-Density Residential (R-1), Single-Family Dwellings Medium-Density Residential (R-2), Two Family & Townhouse Dwellings . Section l06-741(h) of the Ordinance prohibits Boats, Travel Trailers, Motor Homes etc. unless these are parked or stored in the "Rear Yard" only. "It shall be unlawful for any person to leave, stand, or park a commercial motor vehicle, pole trailer, semi-trailer, shipping container, trailer, truck (other than a light truck as defined herein), or a truck tractor on any property zoned for residential use. Boats or recreational vehicles parked or stored in a rear yard are not subjected to the restrictions imposed by this section ", . Section l06-834(g) of the Ordinance permits the use of a driveway and an accessory parking pad for Boats, Travel Trailers, etc. "Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers, semi-trailers, shipping containers, trailers, trucks, or truck tractors. Boats or EXHIBIT A Boats & RVs Zoning Ordinance Amendment Page 2 of3 recreational vehicles, are not subjected to the restrictions imposed by this section ". . Section 106-837(6) of the Ordinance requires any Parking in the Front Yard to be on an improved "Dust Free" surface. Discussion Conflicts and/or lack of clarity within the City's Zoning Regulations have been often noted by staff. To ensure clear understanding of Council's intentions and to provide exact, concise information for the public, Staff recommends a thorough review of the various areas of concern. Staff notes the following: . No past City enforcement in areas without deed restrictions . Deed restrictions address these issues in the conventional subdivisions . Travel trailers, motor homes and/or boats are often parked in the driveways, front yards, and side yards. City Council has recently directed the staff to present this issue to the Planning and Zoning Commission to allow for parking of boats and recreational vehicles within the front and side yards. This practice has been witnessed in most of the subdivisions without deed restrictions. Analvsis: . As stated, Section l06-741(h) prohibits boats and recreational vehicles in the front yard, while outside storage of major recreational equipment is permitted in the rear yard. . In contradiction, Section l06-834(g) allows the use of driveways (front yard) and accessory parking pads (side & rear yards) for recreational equipment. . In addition, Section 106-837(6) rewords the above statement and requires parking on designated driveways or dust free surfaced space on the side of the driveway (front yard). Accessory equipment such as boats and RVs are habitually seen parked in the front yard or designated driveways obstructing required side yard access. Staff analyzed the situation with all the similar cases to determine an equitable way to possibly alter the zoning criteria to maintain the intent of the ordinance, while fulfilling the needs of the residents and alleviating code enforcement issues related to parking of boats and recreational vehicles. 2 Boats & RVs Zoning Ordinance Amendment Page 3 of3 Recommended Requirements: City Council has expressed a desire to eliminate a section to avoid confusion in this matter: . Delete Section 106-741(h), which limits Boats and RVs to be stored in the "rear yard". Conclusions: To ensure understanding of Council's intentions and to provide clear, concise information to the public, staff suggests careful review by the Planning and Zoning Commission on the subject matter. Staff recommends deletion of Section l06-74l(h) of the Code of Ordinances. Actions bv the Commission: . Recommend to Council approval of this amendment. . Recommend to Council approval of this amendment with additional stipulations. . Recommend to Council denial of this amendment OR Continue discussion at the Commission's next meeting to allow further study of item. 3 ~ 106-:741 LA PORTE CODE DIVISION 2. ACCESSORY BUILDINGS, USES AND EQillPMENT Sec. 106-741. General provisions. .(a) No accessory buildings, uses or structures shall be erected or located in any required yard other than the rear yard except: (1) A detached private garage as defined, may be permitted in side yards, provided: a. It complies with all the requirements of this section; b. It shall be five feet or more from side lot lines; and c. The side yard does not abut a street right-of-way. (2) Accessory buildings built on a skid foundation, no larger than 120 square feet and no more than one story in height may be located in utility easements in required rear yards, except that they may. not be located closer than three feet from a side or rear property line or closer than six feet from any other structure. (b) Accessory buildings, uses and structures shall not exceed 15 feet in height, shall be three feet or more from all lot lines, shall be six feet or more from any other building or structure on the same lot, and shall not be located upon any utility easement. (c) Private garage structures with vehicular access doors facing public alleys, as defined in the public improvement construction policy and standards, shall be 20 feet or more from the alley right-of-way. Detached garages located in rear yards of corner lots shall be set back a minimum ten feet from the property line abutting the side street right-of-way. ( \ (d) Detached private garages, as defined, may be 20 feet in height, or the height of the principal structure, whichever is less. (e) Floor area. (1) Generally. No accessory building, or carport garage for single-family dwellings shall occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area. (2) Large lot residential only. Accessory buildings in single-family residential large lots may not exceed 2,000 square feet offloor area. Accessory buildings with a floor area in excess of 1,000 square feet must be located at least 30 feet from any property line and 30 feet behind the rear of the primary structure. (D No permit shall be issued for the construction of more than one detached private garage or carport structure for each dwelling. (g) Wind generators, for producing electricity or other forms of energy shall not be located in any yards other than the rear yard and must be set back 150 feet from all ~roperty lines or the height of the structure, whichever is greater. CDI06:82 ~IBrr B ZONING 9 106-744 (h) It shall be unlawful for any person to leave, stand, or park a commercial motor vehicle, po~ trailer, semitrailer, sbipping container, trailer, truck. (other than a light truck as defined herein), or a truck tractor on any property zoned Cor residential ~ Boats or recreational vehicles parked or stored in a rear yard are not subjected to the restrictions imposed by this section. (i) No accessory uses or equipment except for air conditioning structures or condensers may be located in a required side yard except for side yards abutting streets where. equipment is fully screened from view. . / \ See. 106-742. 1)()mesnc livestock. (a) Domestic livestock (cattle, horses, hogs, sheep, ~ats, chickens, and geese) are a permitted accessory use on lots in excess of 43,560 square feet, provided that ~l domestic . livestock as defined above be- ~trained no closer than 25 feet from property that is not devoted to the keeping of domestic livestock, and provided further that said "domestic livestock be kept in a concentration .that is less than or equal to: (1) Two. cows :eer acre. (2) Two horses per acre., (3) Two hogs per acre. (4) Two ~heep or goats per acre. (b) In any event, the total for the above referenced grazing ::lnim::ll~ (ie. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl, no . specific concentration is established herein, but in no, event, shall the cumulative concentration of Cowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by seetion 106-331, Table A See. 106-743. Breeding kennels (dogs and cats only). Breeding kennels for dogs and cats only, are a permitted accessory use on lots in e:tcess of 43,560 square feet, provided that all of such kennels are licensed according to sectioill4-81 et seq., and any amendments or lldditions thereto. Provided further that all animals must be boarded in enclosures located no closer than 100 feet from any property line. The requirements of seetion 34-126 et seq., and any amendments or additions thereto shall apply in any event. See. 106-744. Bed and breakfast. (a) A bed and breakfast shall be operated by resident homeowners. (b) A bed and breakfast shall conform to the requirements of section 106-334. (c) Parking shall be provided in accordance with the requirements of section 106-839. CD 106:83 ~ 106-831 LA PORTE CODE (b) In parking lots comprised of 25 or more spaces, a maximum of eight percent of required parking spaces may be developed as landscape islands, subject to the requirements of section 106-800(c). These islands shall count towards the total percentage of landscaping required in sections 106-333, 106-443, and 106-522. Sec. 106-832. Application of these regulations to all zoning districts; exception for Main Street overlay district. (a) The regulations and requirements set forth in this article shall apply to all off-street parking facilities in all of the zoning districts of the city, with the exception of the Main Street overlay district, which said parking regulations are as set forth below. (b) Main Street overlay district parking regulations. In the Main Street overlay district, parking is required for new buildings for employees only, with a minimum of two spaces being required. In said district applicable streets and/or alleys are allowed to count as the driving aisle or access to said parking spaces. For new buildings in the Main Street overlay district, no parking lots are allowed to be developed in front of said new buildings. (Ord. No. 1501-AAAA, ~ 6, 10-11-04) Sec. 106-833. Site plan drawing. All applications for a building or a zoning permit in all zoning districts shall be accompanied by a certified site plan drawn to scale and dimensioned indicating the compliance with the requirements set forth in this article. Sec. 106-834. General provisions. (a) Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus 15 percent. (b) Reduction of existing off-street parking space or lot area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of this chapter shall not be reduced in number or size unless said number or size exceeds the requirements set forth in this article for a similar new use. (c) Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed by fire, it may be reestablished if elsewhere permitted in these zoning regulations, except that in doing so, all off-street parking or loading spaces shall meet the requirements of this chapter. (d) Change of use or occupancy of land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. Supp. No. 11 CD106:92 ZONING ~ 106-835 (e) Change of use or occupancy of buildings. Any change of use of occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regula- tions. (0 Garage requirement. Every single-family dwelling unit hereafter erected shall be so located on the lot so that at least a two-car garage, either attached or detached, can be located and accessed on said lot. (g) Residential use. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers, semitrailers, shipping containers, trailers, trucks, or truck tractors. Boat or recreational vehicles, are not subjected to the restrictions imposed by this section. ( I '\ (h) Calculating space. (1) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (2) In stadiums, sport arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining parking requirements. (3) Should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking space required. Sec. 106-835. Design standards (also see Figures 10-1, 10-2 and 10-3). (a) Parking space size. Each standard parking space shall not be less than ten feet wide and 18 feet in length, and each ADA accessible parking space shall not be less than 14 feet wide and 20 feet in length, exclusive of access aisles, and each space shall be served adequately by access aisles (b) Within structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building of one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert such parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter. (c) Circulation. (1) Except in the case of single-family, two-family and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family and townhouse dwellings, parking area design which requires backing into the public street is prohibited. Supp. No. 11 CD106:93 ZONING ~ 106-838 (3) Screening will be required in the following situations: a. Parking areas for recreational buildings, community centers, religious, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. (4) Required screening will count toward the required percentage oflandscaping. (k) Parking lot screening. A landscape buffer shall be maintained between all open, nonresidential off-street parking areas of five or more spaces abutting residential districts. Landscape buffers shall be a minimum of four feet in width. Plantings should consist of trees and low evergreen shrubs. Planting plans shall be approved by the director. COrd. No.1501-JJ, ~ 9, 10-14-02) Sec. 106;836. Maintenance. It shal};.be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain, in a neat and adequate manner, the parking spaces, accessways, striping, landscaping, and required fences. Sec. 106-837. Location. All accessory off-street parking facilities required by this chapter shall be located and restricted as follows: (1) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of subsections 106-444(e) and (f), off-site parking, and joint parking. (2) Except for single-family, two-family and townhouse dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. (3) There shall be no off-street parking within 15 feet of any street surface. (4) The boulevard portion of the street right-of-way shall not be used for parking. (5) Setback area. Required accessory off-street parking shall not be provided in front yard setbacks or in side yard setbacks in the case of a corner lot, in R-l and R-2 districts. (6) In the case of single-family, two-family, and townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways or one open, surfaced space located on the side of a driveway, away from the principal use. Such extra space shall be surfaced with concrete or bituminous material. Sec. 106-838. Use of required area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles as regulated by the junk vehicle requirements in section 34-166 et seq. Supp. No.9 CDI06:97 6 Nonconforming Lots of Record Exhibits A. Staff Report B. Section 106-268 Staff Report April 20, 2006 Nonconforming Lots of Record Background: Section 106-261 of the City's zoning code states that the general public, the Planning and Zoning Commission and the Zoning Board of Adjustment have been directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible. Section 106-268 regarding nonconforming lots of record states that no new use or change in occupancy may be undertaken on nonconforming lots of record, unless said change in use or occupancy is fIrst submitted to the Planning Director for review. The Planning Director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with zoning regulations, taking into account the particular restraints imposed by the degree of nonconformity. The Director's review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by zoning and development regulations. Decisions of the Planning Director pursuant to these provisions are subject to appeal to the Zoning Board of Adjustment. The original intent of this section was to include a change in "owner, tenant, or occupant" as well as the stated change in business use or occupancy. This change allows the City an opportunity to address issues arising from nonconforming lots of record with a change of individuals. ConclusionlRecommendation: There may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was passed, but which would be prohibited, regulated, or restricted under the terms of the zoning ordinance. In addition, it is the intent of this ordinance to permit those nonconformities to continue until they are removed but not enlarged upon, expanded or extended. Staff recommends an amendment that adds the term "Tenant" to Section 106-268 (Exhibit B). Actions available to the Commission are as follows: . Recommend to Council approval of this amendment. . Recommend to Council approval of this amendment with additional stipulations. . Recommend to Council denial of this amendment OR Continue discussion at the Commission's next meeting to allow further study of item. ~HU'JrT A ZONING ~ 106-?68 e. Lack of substantial compliance with applicable city codes and ordinances; f. Police reports on alleged criminal activity associated with the nonconforming use; or ( g. Similar factors. (4) Nonconforming uses not subject to revocation of status. Notwithstanding any provisions of this section 106-267 that could be construed to the contrary, a residential use that is nonconforming in the particular district in which such use is located shall not be subject to r~vocation under this section 106-267. (5) Conditions for continuation. In making a decision not to revoke the status of a revocable use pursuant to section 106-267(3) the board of adjustment may impose conditions on the use that are necessary to accomplish' the purposes of this section, including; but not limited to required improvement of, or modifications to, existing improvements on the property or limitations on hours or nature of operations. . (6) Appeal. Any person: aggrieved by the decision ofthe board of adjustment, or a taxpayer, . . - . , or~l!~n officer, department, board or bureau of the city may appeal_ the decision in accordance with 'Y.T.C.A., Local Government Code ~ 211.011. The decision ofthe board , of adjustment is final and incontestable unless appealed to the district court within ten days after the date the decision is filed in the board of adjustment's office. (Ord. No. 1501-Z-1; ~ 5(exh. D), 2-9-98) Sec. 106-268. Nonconforming lots of record. (a) Continuance of nonconforming lots of record. Subject to all limitations herein set forth, any nonconforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized as provided herein. No new structure shall be placed thereon except in conforinity with the applicable controls ofthe district in which the lot is located. No new use or change in occupancy may be undertaken on nonconforming lots of record, unless said change in use or occupancy is first submitted to the planning director for review. The planning director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this divis~on, taking into account the particular restraints imp()sed by the degree of nonconformity of said nonconforming lot ofrecord. The directors review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by this division. Decisions of the planning director made pursuant to provisions contained in this section are subject to appeal to the board of adjustment as provided in section 106-89 of this chapter. (b) Discontinuance of nonconforming lots of record. Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a nonconforming lot of record that is made conforming shall not thereafter be changed back to a nonconforming lot. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) Supp. No.1 CDI06:40.5 IXHn~rr 9 Comprehensive Plan 5-year Update Exhibits A. Memo B. Draft (provided at the March 16, 2006 Meeting) CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.laportetx.gov Phone: (281) 471-5020 I Fax (281) 470-5005 Memorandum for Record Planning and Zoning Commission April 20, 2006 TO: Planning and Zoning Commission FROM: Planning Director RE: La Porte 2020 Comprehensive Plan 5- Year Update The members of the Commission have received copies of the final draft for the La Porte 2020 Comprehensive Plan 5- Year Update. As the principal reviewing body for the City's Comprehensive Plan, the Planning and Zoning Commission has been charged with monitoring changes and amendments to the document and forwarding its recommendation to the City County for implementation. The Comprehensive Plan Review Committee forwards and recommends the 2005 update to the City of La Porte 2020 Comprehensive Plan. This report was prepared in accordance with Chapter 1 which identifies the Plan as a principal part of the City's overall planning process, involving all facets of the Community and requiring, as a minimum, an update every five years to ensure that it reflects the true vision and direction of the community. The charter of the committee was to review the Plan in its entirety, update the goals and objectives to reflect progress and accomplishments, identify goals that require attention or recommend some for deletion, and to further recommend any additional goals and objects in keeping with the City's vision as delineated in the Comprehensive Plan itself. The methodology incorporated a complete review of all the chapters within the Plan, input from the general public, independent analysis by the committee members and information gathered from the various interviews with all Department Directors, including the Main Street Coordinator and Emergency Response personnel. This update reflects viewpoints from a broad spectrum and continues to serve the citizens of La Porte by seeking to preserve the unique quality oflife of the City. Should any member of the Commission have opinions or concerns about the document, the City Staff will endeavor to answer questions or concerns and stands ready to provide additional analysis prior to forwarding the document to the City Council. ~Hn3rr A 10 Workshop Exhibits A. Development Proposal (Lakes at Fairmont Greens) B. Architectural & Building Standards Architectural & Building Standards Discussion Paper A. City of Manvel- Fa~ade Ord. B. Draft Staff Report April 20, 2006 Architectural & Building Standards Facade Ordinance DISCUSSION PAPER Backe:round: City Council has directed the staff and the Planning and Zoning Commission to consider adding architectural and building standards (facade ordinance) to Chapter 106 of the Code of Ordinances. The purpose is to enhance the overall impression of the City, to have quality developments along major thoroughfares, and eventually attract new sustainable businesses to La Porte. Recent developments have generated preliminary discussion on possible controls on architectural standards or fal(ade on buildings fronting the major corridors or thoroughfares throughout the City. These discussions centered on the Main Street District as a way to facilitate interest in redevelopment of the Downtown area. Issues arose over the proliferation of metal buildings along the City's major access ways, which may detract from upscale development and negatively impact prospective developments. Staff analyzed the situation thoroughly and presents this item to the Planning and Zoning Commission for discussion and further guidance to Staff for possible changes to the Code of Ordinances relating to architectural and building standards in La Porte. Existine: Requirements: Current ordinances allow some controls to be included with Special Conditional Use Permits (SCUP) associated with uses listed as "conditional" within certain zoning districts and for construction within Planned Unit Developments (PUD), which normally follow some form of developer's agreement. No such control, however, is associated with construction of a development whose use is "permitted" within a certain zoning district. The building must meet building codes, but the City cannot enforce architectural and building standards or fal(ade material. Analvsis: Several cities in the area have approached this issue by adopting fal(ade ordinances, which define standards to be used on new construction fronting major thoroughfares. Typically, these ordinances mandate the use ofa combination of brick, masonry and glass to a certain percentage to achieve the desired effect. Planning & Zoning Commission April 20, 2006 Fayade Ordinance Page 2 of2 Conclusions: Attached as Exhibit A for discussion is the City of Manvel Fa9ade Ordinance. In seeking control of future developments along State Highway 288, State Highway 6, FM 1128 and CR 82 corridors, the City of Manvel directed controls on facades fronting those highways which represent the major commercial zoning districts. Staff has drafted an Ordinance (Exhibit B) and seeks input and guidance from the Commission in order to address architectural and building standards along major thoroughfares in La Porte, i.e., State Highway 146, State Highway 225, Fairmont Parkway, Spencer Highway, Barbour's Cut Boulevard, Underwood Road, and Bay Area Boulevard. Jan ~3 06 04:08p Permits & Inspections 2814890634 p.5 ORDll'iAr--;CE NO. 99-04 BUILDING FACADE AND LANDSCAPE REQUIREMENTS AN ORDINA.t~CE OF THE CITY OF MA!'t'VEL, TEXAS. REGul..ATING LANDSCAPING, NON-RESIDENTL~ DEVELOPyfENT ~"m NON-RESIDENTLU CONSTRUCTION, PROVIDING COMMERCL-\L DEv"ELOPlVIE-l\'T REVIEW, INSPECTIONS, VIOLATlO:NS, PEN.UTIES, VAR.lAl'l/'CE Al'I"D APPEAL CLA..1JSE, SEVIR.ABILITY AND AN EFFECfIVE DATE. WHEREAS, the City Council finds tbat tbe purpose of this ordinance is to provide for the . orderly and aesthetic development of the city of Manvel, Texas. It is the intent of these requirements to: . . a. Provide a balance between the need for landscape treatm~nt and the need for commercial growth in the city of Manvel, Texas. b. Promote mutually beneficial improvements by utilizing incentives rather than penalties. c. To aid in stabilizing the environmental balance by contributing to the processes of air purification, o:-.:ygen regeneration, groundwater recharge, stormwater runoff and erosion controL d. Reduce glare from paved surfaces, dust nuisances and the impact of noise. e. Protect and promote the value of residential and commercial properties with the city of Manvel, Texas. f. Promote a positive image for the attraction of new business enterprises within the city of Manvel, Texas. g. Encourage the protection of healthy trees and vegetation and promote the natural ecological. environmental and aesthetic qualities of the city of l\tlanvel, Texas. THEREFORE, be it ordained by the City Council of the city of Manvel. Texas, duly assembled: the following regulation are hereby enacted and shall be enforced: SECTION 1.0 PLAN REVIEW AND BUILDING FACADE REQUIREMENTS FA. (:ADE DEFLVITION: The ji-ont or principal side of a building. FROlvTliVG DEFlNITjON: The part or side which contains the principal entrance. All plans and a drainage StUdy approved by the appropriate Drainage District for commercial development ....ithiIl the city limits of the City of .Manvel must be broulZht to the Manvel Planning and Development COlIllT'jssion for review along with a copy ofthe de;d of o'Wnership and a paid last year's ta"'{ receipt of the property. The building facade requirements of the section shall apply to all buildings fronting on major thoroughfares that are defmed as SH-288. SH-6. CR-82 (Iowa Lane) and FM-1118 (Masters).. Other thoroughfares may be added at the discretio~ of the City Council. Excluding overhead doors. any new expansions or additions to existing buildin!2:s shall ~eet the current facade requirements if such an expansions/additions are equal t; or great~r than 3:.>% of the square footage of the original buildings or the expansions/additions are eaual to at least 800 square feel. . aBlerr A Jan '03 06 04:08p Permits & Inspections 2814890634 p.6 -~ 3. Buildings shall have 100'% (one hundred percent) brick. concrete. rock and/or alass on front and on side exterior walls- a minim urn of 4' (four feet) in hei~ht in ;he same brick. concrete. rock and/or glass. b. The building facade is required for all buildin!!s fronting within 600feet of the major thoroughfares that are defined as SH-188. SH-6. CR-82 (Iowa Lane) and FM1128 (Masters). Other thoroughfares may be added at the discretion of the Manvel City Council. . c. Theme specific architectural design maybe previewed by the Planning and Developmem Comrnission on a case by case basis. SECTION 1.1 BUILDING SETBACK LINES a. The front building setback line must be twenty feet (20') from the staled right-of-way. b. The side building setback line must beten feet (10') from the stated right-of-way. c. The back building setback lL.'1e must be eight feet (8') from the stated right-of-way.. SECTION 2.0 LANDSC\..PE SITE PLAN Prior to the construction and erection of a non-residential building or Structure on a major thoroughfare. a landscape plan shall be submitted for the consideration by the Planning and Developmen~ Commission. The lanciscape plan shall contain as a minimum the following informa.tion: a .-\ conceptual pian ofLiJ.e I:mdscaping.. .id.entifying !he general layout a.."1d description o!the trees and plams speciIled. b. The ?lans should comah' dimensions arid elevatior'..5 of spec~al stnlctural elements. such as. building facades. walls, planters~ foundations~ berms, walh."v..ays. irrigating systems and propeny boundaries. c. Building out!ii"1es. parkir..g areas(in accordance \\."i;:h the standards and specification adopted by the Conunissioner oflice:lSing and regulation of me Texas Department of Transportation under Section 5c, article 9101, Revised StaTutes. relating to the identification and dimensions of Parking Spaces for persons Vvith disabilities, as amended. or as othenvise requ:red by federal or state law) a.lld arrangements, fences and structlJral features to be constructed on the site shall be on the plan. d. Landscape plans shall be pre?ared at the scale of 1 "=40' and on a sheet size of24" x 36". The plan sheets shaH contain a scale. north arrow, name and address of the licensed landscape architect. designer or architect and the site O"-'Ile: and/or developer. The pians shall also identify the development and provide a brief description of the property and its location. e. Plan shall also include :J.a:nes ofo"'mers and/or business ofadjacem property ovmers. SECTION 2.1 1v11N1MUM LA"\rDSCAPE REQUIREME~"TS Up to ten (10%) of the entire area of the side not covered by buildings and not a part of the right- of-way or dedicated public streets or three' (3%) of the gross area of the site, whichever is greater. shall be required as landscaping to meet the requirements of this section: . a. Trees with a minimum two inch (2'-) caliper measured twelve inches (12") from the ground shall be provided along street frontage(s) \vith the total caliper inches equal to one inch (1-') for each fifteen" feet (15") bf frontage. \\'here intensity of site development makes planting the required trees impractical., an alternate plan may be developed with the approval of the Planning and Development Commission. 2 . Jan D3 06 04:08p Permits & Inspections 2814890634 p.? b. Landscaping and/or decorative fence shall screen outside storage areas, loading docks, garbage collection bins and delivery entrances from adjacent property and public street right-of-way. c. Landscaoing shan be located so as not to interfere with the act of parking or w1lh park:ng ~re~ maintenance and so as not to create a rraffic hazard by obscuring driver or nedestrian vision of the intersections of walkways. driveways, collector lanes and str~ets or any combination thereof. Landscaning is discouraged "W1thin three (3) meters of th; state highway right-of-way due t~ utilities. Plans are required for any type of landscape development on Texas Department of Transportation Right-of-Way and must be submined to: Director of Maintenance Post Office Box 1386 d. Existing hardwood and/or pine trees of larger than 10 inches (10") L-l caliper measured twelve inches (12") from the ground shall be noted on the landscape plan. it/hen possible, existing trees sbould be included in tbe landscape plan. e. Artificial plants and trees shall not be considered in the satisfaction of the omside landscape requirements. SECTION 2.3 MAINTENA.KCE The O\Nne: and tenant of landscaped premises and their agents. if any. shall be jointly and severally responsiole for the use of high-quality, hardy and drought-tolerant plant materials. These plant materials must be maintained in a he2.1thy. grO\'-'-ing condition at all times. Regular weedi.'1.g, mowing of ~s, irrigaIlng, fertilizing, pI1.!!1ing and m:her maintenance of all plantings such as. free of refuse and debris is required. Any plant that dies must be repiaced Vvilh another living pla!lt. Failure to maintai..'1 the landscaped premises. after wTiaen notice allowing up to si."\.'1)' days to b:ing the premises into conformance- shali be grounds for the :-evocation of the C~rtificate of Occupancy by the City Building Officiai. SECTION 2.4 LANDSCAPE CONSTRUCTION Prior to issuing a Certificate of Occupancy, all. approved landscapL.-lg must be in place, or if seasonal considerations prohibit the cornpletion of the planting of landscape material. a te:nporary Certificate of Occupancy may be issued for such time as is reasonable to complete the landscape planting. SECTION 3.0 PERMITS Building permits and all other necessary permits shall be obtained from the city of Manvel before construction begins. SECTION 4.0 INSPECTIONS The 1-1anve! City Inspectors shali inspect each phase of construction and certify that the building is ~onstructed acco.rding to the City of Manvel and the Standard Building Cdde. (a schedule of whIch may be obtamed at Cit:y Hall) 3 : Jan -03 06 04:09p Permits L Inspections 2814890634 p.8 ....r- SECTION 5.0 EKFORCEMENT OF VIOLATIOJ';S A...lI\D PENALTIES An'i construction that is erected in violation of this ordinance shall not be issued a Certificate of Oc~upa11CY_ shall not be permitted utility service and shall be fmed not less t~~ ~ve do.llars($5) nor more than twO hundred dollars{$200) for each offense. Each day L~ a V1olatlOn eXlsts shall constitute a separate offense. SECTION 6.0 GRANDFATHER CLAUSE Buildings pre-dating the passage of this ordinance shall be grandfathered to L~eu- eXlstmg . conditions unless they impact health. safety and welfare. They are encouraged to update their facilities when possible. For expansion andlor additions they must comply with SECTION 1.0. SECTION 7.0 VARIANCE AND APPEALS CLAUSE If there shall be any special circumstances connected with any provision of this Ordinance, the inciividuai shall have the righr to a hearing before the Manvel Planning and Development Conunission to request a variance. This request for a variance must be submitted in writing seventy-two (72) hours accompanied with any and all pertinent documentation for the Manvel Planning and Development Commission to review -before th~ hearing. A determination will be r.:mde by the Cornzr..ission that granting this variance will not result in increased flood issues. additional threats to public safelY. public e;l.-pense, create nuisances. cause fraud or conflict with existing laws or other ordinances. If the Commission should deny the requested va.:.-iance. the individual shall jave the right to appeal the requested variance to the Manvel City CO\L.icil who will have ::he fmaljudgment in this maner. \'Vben seeking a V.A.RlA..:."ZCE :rom me Manvel Plan.Tlin.g and Development Commission. it is necessary 1:0 bring documentation to eX?lain your circumstances. sucl;. as: 1. A deed of ownership of 6e property ., Paici ta.'C receipt of last year's ta.-xes 3. \"'hat is the f..l~c:ion cfme building? 4. \\1-..at:s the set-back distance? 5. How will the building aesthetics fit in with the sll..TTounding area? 6. Is there a general theme that needs to be followed? J _ The building is \.f.thin 600 feet of what thoroughfares? 8. Will there be ample parking? 9. Vv'hat utilities. if any. are available? 10. Is there a large vehicle access? 11. Is there a fire hydrant nearby? 1:;. A copy of the Drainage District's Drainage Study. 13. Is the property in the flood plain? 14. Will this type of business impede traffic? 15. Landscape plan? Viha will be responsible for the upkeep? SECTION 8.0 SEv"ERABILITY CLAUSE In the event any section. paragraph, clause. phrase, provision,. sentence, or part of this Ordinance ?r th~ applica~ion of t~e s~me to any person or circumstance shall for any reason be adjudged ~va1~d or hela unconstItutional by a court of competent jurisdiction. it shall not affect, impair or mvalIdate this Ordinance as a whole or any part of provision hereof other than the part declared 4 'Jan U3 06 04:09p Permits & Inspections 2814890634 p.9 to be invalid or unconstitutional; and the City Council ohhe city of Manvel, Texas declares that it would have passed each and every part of the same not",,'ithstanding the omission of lll"1Y such part thus declared to be invalid or unconstitutional. or whether there be one or more parts. SECTIO!\ 9.0 REPEALER CLAUSE All other ordinances or pans of ordinances in conflict herewith are, to the extent of such conflict. are here by repealed. SECTION 10.0 EFFECTIv"E DATE The effective date oftrus ordinance shall be the day :ollowing its approval by the City Council of the city of Manvel, Texas. PSE ~.O~ A S D A..r..-o APPROVED this day of 0, 0 of ~}bL./ . 1999 CITY OF MANVEL (l~ Q . r. [JLLAA.-J Ylvor Joel (3. C. ) Dean ATTEST: p dJ chO . fYtP~ ~CV./,A., Florence Schumann City Secretary ~ 5 Architectural and Building Standards For Non-Residential Development Purpose: The purpose of the regulations described in this section is to ensure that new non-residential developments planned along major thoroughfares will be constructed to the highest architectural standards and also to encourage high quality nonresidential developments by avoiding poor building design; by creating a rich, harmonious blend of quality buildings; by prescribing certain approaches to architectural design, construction, and reconstruction of buildings; and by encouraging compliance with the new set of architectural guidelines for nonresidential developments. All of the above are intended to influence architectural design, construction and reconstruction of buildings in a manner that achieves a visually desirable environment in a safe and beneficial manner complementing its surroundings, and protecting private property rights. These guidelines should achieve such aesthetic objectives as protecting scenic views, prohibiting eyesores, and protecting visual resources. Travelers along major roadways should be shielded from unwelcome obtrusion of businesses in a manner that also ensure traveler's safety. Commercial areas should be attractive to visitors as well as to the City's own residents. This, in turn, promotes economic development and preserves property values to the benefit of commercial and residential property owners. The 2020 La Porte Comprehensive Plan shows a consensus by the citizens that all existing and future commercial development is attractive, highly utilized, and without negative influence on adjacent residential uses. The appearance of visually intrusive structures should be minimized. This avoids visual blight, and allows an aesthetic experience that has intrinsic value and that also fosters an identity associated with the City as a community and reduces stress by maintaining an attractive visual environment within which to live, work, and recreate. Objectives: The building orientation and location should reflect consideration for the following: . Streetscape . Landscape . Parking and traffic circulation . Existing vegetation . Surrounding/adjacent properties Designated Area: All areas included in TIRZ, zoned General Commercial (GC), Industrial Districts (BI, LI, HI), Planned Unit Developments (PUD) as shown on the official zoning map of the City of La Porte, and major thoroughfares, i.e. State Highway 146, State Highway 225, Fairmont Parkway, Spencer Highway, Barbour's Cut Blvd., Underwood Road, and Bay Area Blvd. etH:IBrt' B General Standards: The following standards shall apply to buildings located within designated areas: 1. Architecture shall be anchored by traditional elements and materials with the primary material being brick, concrete, rock and/or glass. Exterior Finish Installation System (E.F.I.S.), stucco, concrete, stone, glass, and tile elements may be introduced as exterior design elements, accents or trim, clay-faced brick shall be used on at least 50% of the exterior building skin - a minimum of 4' in height in the same material. 2. The use of pitched roofs or architectural elements with pitched roofs is required for all buildings. 3. Buildings and structures shall be finished on all sides. For areas hidden from public view, concrete block and other masonry materials may be used if painted to match the primary material on the front. 4. The basic design of a building shall generally consist of geometric forms of a distinguished, suburban, and traditional nature. 5. Permitted traditional decorative elements on building such as canopies, wrought iron, doors and trim shall be selected from earth tones. Earth tone colors include black, tan, olive, sand, forest green, beige, and gray. Accent colors shall conform with these colors. 6. Outside storage areas, loading docks and delivery areas shall be positioned out of view of adjacent property and public street rights-of-way whenever possible and shall be screened as may be required by the ordinance. Building Character within Designated Areas: . The design of new non-residential and multi-family residential buildings along designated corridors shall be consistent with the character and basic design of an existing designated reference building in the area. . The new design may exhibit contrast in the use of certain design elements such as color, materials, or basic proportions, but similarity and consistency must be achieved. . Examples of architectural styles and elements, color samples of colors and building material will be maintained in the Planning Department for ready reference. Elevation and site plans of approved projects will also be on file and available for review. . Typical design of a project will be considered by staff in evaluating each proposal. Staff may require additional landscaping, buffering or other conditions necessary to assure compatibility with adjacent developments. Prohibited Exterior Materials: The following construction materials and details may not be on the exterior of a building: . Corrugated materials used as walls . Concrete cinder block, provided that painted cinder block may be used at rear of buildings not backing a street used by the public . Bright, glossy, primary colors on major building elements . Exterior neon lighting . Roof mounting mechanical or other equipment which is visible from the ground within a distance of 1,000 feet . Any back lit or internally lit panel or awning.