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HomeMy WebLinkAbout09-21-06 Regular Meeting, Public Hearing and Workshop of the La Porte Planning and Zoning Commission Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF SEPTEMBER 21, 2006 Members Present: Pat Muston, Nick Barrera, Dottie Kaminski, Paul Berner, Doretta Finch, Hal Lawler (A It. 1) Members Absent: Kirby Linscomb Jr., Claude Meharg, and Les Bird (Alt 2) City Staff Present: Planning Director, Wayne J. Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Shaye Bradley 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF AUGUST 17, 2006, MEETING MINUTES. Motion by Dottie Kaminski to approve the Minutes of August 17, 2006. Second by Paul Berner. The Motion carried. Ayes: Nays: Abstain: Muston, Lawler, Barrera, Berner, Finch and Kaminski. None None 3. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R06-001 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF IOWA AND POLK STREETS, FURTHER DESCRIBED AS LOTS 1 THRU 9, BLOCK 412, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT NO.5, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANTS, JUDY F. AND ROELOF K. NIEUWENHUIS, SEEK TO REZONE THE PROPERTY FROM GENERAL COMMERCIAL (GC) TO MAIN STREET DISTRICT (MS). Chairperson Muston opened public hearing at 6:02 p.m. A. STAFF PRESENTATION The Staff Report was given by Masood Malik, City Planner. The applicant, Judy K. and Roelof K. Nieuwenhuis, seek to rezone the property from General Commercial (GC) to Main Street District (MS). Wayne Sabo, Planning Director, addressed the Commission regarding extending Main Street zoning to the adjoining property on Block 411 for consistency with the district boundaries on the Zoning Map. Notices of public hearing were mailed to property owners within 200' of the subject area. Of the 22 mailed, the City received two responses in favor of the rezone request. Mr. Malik responded to questions from the Commission. Planning and Zoning Commission Minutes of September 21, 2006 Page 2 of 4 B. PROPONENTS Judy Nieuwenhuis addressed the Commission. Mrs. Nieuwenhuis and her husband Roelof, are the owners and operators of Roelofs Antiques and Restoration business located at 319 E. Main Street. Their residence is located above the business. They are requesting the zone change for the lots adjacent to their current business/residence for mixed residential and commercial use. Mrs. Nieuwenhuis spoke about their involvement to date with trying to improve the Main Street area. Sue Gale Mock Kooken, of 410 S. 151 St., addressed the Commission favoring the rezone request. Mrs. Kooken feels that Historical Main Street will prosper by adding this property to Main Street district. C. OPPONENTS There were none. 4. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:10 pm. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R06-001 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF IOWA AND POLK STREETS. FURTHER DESCRIBED AS LOTS 1 THRU 9, BLOCK 412, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT NO. 5, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANTS, JUDY F. AND ROELOF K. NIEUWENHUIS, SEEKS TO REZONE THE PROPERTY FROM GENERAL COMMERCIAL (GC) TO MAIN STREET DISTRICT (MS). Motion by Nick Barrera to recommend to City Council, approval of rezone request #R06- 001 for the property located at the northeast corner of Iowa and Polk streets, lots 1 thru 9, block 412 to rezone from General Commercial to Main Street District. This rezone shall also include block 411 for the same zoning classification to be consistent with the zoning district boundaries on the Zoning Map. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Muston, Lawler, Barrera, Berner, Finch and Kaminski. None None 6. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R06-002 FOR 9.37 ACRES OF LAND DESCRIBED AS TRS 351A, 352A, TR 8D-1, LOTS 350 AND EAST % OF LOT 331 AND TR 8C-1, F.A. STAASHEN SUBDIVISION, ENOCH BRINSON SURVEY, ABSTRACT NO.5, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO REZONE THE PROPERTY FROM LARGE LOT DISTRICT (LL) TO LIGHT INDUSTRIAL (L1). Chairperson Muston opened public hearing at 6:12 pm. A. STAFF PRESENTATION The Staff Report was given by Wayne Sabo, Planning Director. The applicant is seeking this rezoning to Light Industrial for parking/storage of trucks and chassis. Planning and Zoning Commission Minutes of September 21, 2006 Page 3 of 4 Notices of public hearing were mailed to property owners within 200' of the subject area. Of the 12 mailed, the City received two responses in opposition of the rezone request. B. PROPONENTS Joseph E. Brown, the applicant, of 10828 S. Sycamore, addressed the Commission speaking in favor of the rezone request. Carlos Smith, local engineer, addressed the Commission in favor of the rezone request. Mr. Smith advised the Commission that development of a parking/storage lot at this location for truck, trailers, and chassis should not have a negative effect on the residential neighborhood. C. OPPONENTS Darrell Hutchins, of 11311 N. P addressed the Commission. Mr. Hutchins has property to the South of the proposed tract and spoke against the rezone citing light and noise issues. 7. CLOSE OF PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:35 pm. 8. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R06-002 FOR 9.37 ACRES OF LAND DESCRIBED AS TRS 351A, 352A, TR8D-1, LOTS 350 AND EAST % OF LOT 331 AND TR 8C-1, F.A. STAASHEN SUBDIVISION, ENOCH BRINSON SURVEY, ABSTRACT NO.5, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO REZONE THE PROPERTY FROM LARGE LOT (LL) TO LIGHT INDUSTRIAL (L1). Motion by Doretta Finch to deny Rezone Request #R06-002 from Large Lot (LL) to Light Industrial (L1). Second by Dottie Kaminski. The motion failed. Ayes: Nays: Abstain: Kaminski and Finch Muston, Lawler, Berner and Barrera None Motion by Nick Barrera to approve Rezone Request #R06-002, excluding the 1.75 acre tract, with a note to staff that the Commission would like to review future Site Plans for any proposed development at this location. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Muston, Lawler, Berner and Barrera Kaminski and Finch None 9. OPEN WORKSHOP TO REVIEW ARCHITECTURAL BUILDING DESIGN STANDARDS. Wayne Sabo, Planning Director addressed the Commission. 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. Staff Planning and Zoning Commission Minutes of September 21, 2006 Page 4 of 4 seeks guidance in order for possible changes to the Code of Ordinances relating to architectural and building standards in La Porte. 10. CLOSE WORKSHOP Chairperson Muston closed the workshop at 7:27 pm. 11. TRAINING SESSION II - 2006 OPEN MEETINGS ACT Commission Members viewed a training video related to open meetings. 12. ADMINISTRATIVE REPORTS Masood Malik . Harris County has approved the Construction Drawings for Port Crossing. . Potential tenant for the former La Porte Hardware Building-Southern Tire Co. Site Plans under review . Chili's Restaurant-8690 Spencer Highway . Value Place Hotel-1506 W. Fairmont . Quality Inn and Suites-11003 W. Fairmont 13. COMMISSION COMMENTS There were none. 14. ADJOURN The meeting was adjourned at 8:31 pm. ye Bra ey Secreta , lanning and Zoning Commission Approved on this ~ day of ~2006. .~ar~ Pat Muston Chairperson, Planning and Zoning Commission Oath of Office OATH OF OmCE I, zt Mut>-hn , do solemnly swear or affmn), that I will fai~lly ex~e th~ dutie~ of the office of &\ Y\ n j tM:J Zn1J~ Y\1M l5s1 t>h , of the City of La P rte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contnbute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ;JJ~ Sworn to ~d eed before me this the <!)~ Ot~O(o. lCf day of =1n~t;~~ State of Texas ! ..~~V~,~ il~~"-':;{: J. 6~. .t} .. ~"'.l'~..... ~ i) '~""9t.,, SHERRY RAE JENNINGS MY COMMISSION EXPIRES January~ 2lJ07 , 'I I I I I I , i I I , I . I r I . . I I I 1 . i I . I I I I I I I I I ~ I I I I I . ( I I I I I I I J I I , I I I I I I , I I I I I I I , , I I I , I f . , I I I I I I I i I I I I I I I I I ~ o Q -r1 ~ ~O ~r-o ~E ts .s o :'1 Q p.. -.f:< .a~ ~~ ~ ~ ~. ~ ~ d ~ UJ. ~ ~ i Q ~ Q 2~~ i i~ "-=0 .cgla --~...: _DO ,!glll~ --CtQ ... -= .c. . ~;...... . e"".e _00 - - G~B =:= eE~ ~:;,.Q CO:U ~lQ'- megO =--.:s~ C::ii :.::E <U-- g8~ 00::. "'0-= .. 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I J I i I i i t I , I I I , I , I I I I I I I I , I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I , OATH OF OmCE I, -.N ~.c..k ~rre.rtl , do solemnly swe r aff1I1Il), that I will faithfu~ly ex~ the duti~ of the office of ~ a rd Lf)V\ I ~ mm \55 I on , of the City of La e, State of Texas, d will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affinn) that I have not directly or indirectly paid, offered, or promised to contnbute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ~.~_... sw~ ~bScnbed before me this the ~~ ~o\.. . l~ day of , 'I ~~R~ · Notary Public in abd for th ~ State of Texas ~....~.. ~"W' r: rl \~b"".'':-; "'1,.ft... SHERRY RAE JENNINGS MY COMMISSION EXPIRES January 22, 2007 I I I I I I I I J I , I I I I I I I I I I I I . I I I I I I I I I f I I I I I I I . I I J I I I I I I J I I J J I I I I J , 1 , I I I I I , I I I , I I 1 , I I I I I I J I i I I I I I I I I f ~ ~ t.) -H ~ o ~~ ~2 ~ ~ .t:) .~ o ~ :'1 Q ~ < ..f: fA. . !So ~~ ~ ~ <l.) ~. ~ ....r-:> oj ~ UJ. .:: -g ~ t;I ~ ~ -Io.a. 00_ .: aU) ~!~ .c.~ ~ =0'0 ~'llC~ --tP --=..c .. ..:: ....... --,c E!~ - - =:taa:r GCD= ~g.s .....S= ~~8 cgiQt.. aQ)O tD__ :0.== ==~ -...- --- ii== -Og ~~~ 0_4:1 "'O"g:>.. .",S E~ ~~ L. ., 00 :!~ .3~ E~ ~: .= ~ . iQ ... 0.- o~ ~i~ '" Q, - - :::c -Q) l:c.. CoO ~ .8 ., ~::: V l.._ -.:!:!o ---1 Q J.i ~~~ Q,.~ 3= ~i - La "00;::- --c:: ~e OQ. t: >0 - ~ E E ~ ~ .;d C ~ (1.) ., - ~ <= l I I I r J I ~ I I I I I I I I I e:J I I '" I ~ I I I I ~(lZ ... I 0 i ~ .;:::! I - L-! I 0 I :>.. I I Q "0 0/1 I I -::; <: ' J ~ .~l c 1 I I~/y ~~l . I J o z. I E 1:: I ~ I j ~ I IZI ~ I -;::: tI1 P::: I :;:: I c: ! 0 - I .... I C5 , , E I (]J I , S . , . Cl) I I E I I I 0 ~f3 I .... .E z$ z~~ I CD I ..0 tfiz~ I ....0 I "0 ~~li I ~ I I >-::E= I ts ~~~ I wo I CO , ::J:>- I .0 aJ::E ::;, (I') I I "0 ",UUI,." I ~~~~ , :::: ~~& )~ I en I I - :1. ~ ....eo.,:. I ~ ~! ."<;f~~:~.::~~,:,,-~" "! , I z I I a:: I 0 I ;: I , en I I I I I I I OATH OF OffiCE '5 . , do solemnly sw. lly ex cute tlie duties of the office a I () j66i ()Y) ,0 e City of La orte, State of Texas, and will to the ~:.s.t.pt. .f f my' bility preserve, protect and defend the constitution and la~ United States and of this State and the Charter and ordinances \ . City; and I furthermore solemnly swear (or affinn) tha~ l; ot directly or indirectly paid, offered, or promised to con 'b~ y money, or valuable thing, or promised any public office 0 oyment, as a reward to secure my appointment or the COnf~~ ereof. So help me God. i/} .l ~ l~, Sworn to and s cnoed before me this the day of Notary Public in and for the State of Texas / / I ,i .f Exterior Building Design Standards Exhibits A. Staff Report B. Draft Ordinance Staff Report October 19, 2006 EXTERIOR BUILDING DESIGN STANDARDS Back2round: City Council has expressed an interest in developing exterior building design standards by amending Chapter 106 (Zoning) 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 fa<;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 thoroughfares, which may detract from upscale development and negatively impact prospective commercial/industrial developments. On September 21, 2006, the Planning and Zoning Commission conducted a workshop regarding Exterior Building Design Standards. Staff prepared a power point presentation for ready reference and seeks further guidance from the Commission on the exterior building design standards for all commercial/industrial buildings in both General Commercial and Business Industrial zoning districts along major thoroughfares in the City of La Porte. Existin2 Reauirements: Currently, there are no requirements associated with the construction of a commercial development whose use is "permitted by right" within General Commercial and Business Industrial zoning districts. Available provisions are that the building must meet current building codes, but the City has no tools to enforce exterior building design standards for all commercial buildings within the said zoning districts along major thoroughfares in the City. SU22ested Reauirements: Based on further review and analysis, the proposed exterior building design standards regulations are as follows: · Minimum exterior wall standards shall be one hundred percent (100%) masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. .'1){HIBrr A Planning & Zoning Commission October 19,2006 Page 2 of4 . Existing buildings shall also conform to this requirement upon expansion of over one third (113) of an area of improvement/development. . In case of structural damage to the front of the building due to fire, flood, or other reasons, and the cost of redevelopment is in excess of 50% of the value, the structure shall conform to the above requirements. These provisions shall apply to all new developments and buildings. The following are exempt from the above requirements, unless required by the adopted building codes. . Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. . Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. . Existing shopping centers and business parks. . Franchise businesses with an established theme. Permitted Material- The following standards shall apply to buildings located within designated areas: . 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. · The use of pitched roofs or architectural elements with pitched roofs is required for all buildings. · 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. · The basic design of a building shall generally consist of geometric forms of a distinguished, suburban, and traditional nature. · 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 to these colors. · 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. Planning & Zoning Commission October 19,2006 Page 3 of 4 . Additional landscaping shall be placed along the side or end of a building, more than seventy-five (75) feet in length that is perpendicular to a public street right-of-way. The landscaping shall be planted in such a manner as to "break up" a long expanse of side or end wall. Prohibited Material - The following construction materials shall be prohibited on the exterior of a building: . Corrugated materials used as walls, metal, exposed fasteners, and exposed seams. . 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 or 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. Roadwavs: Exterior Building Design Standards shall be applicable to all commercial/industrial buildings located along the following major thoroughfares, roadways, collectors, and others in General Commercial (GC) and Business Industrial (BI) zoning districts: State Highway 146, State Highway 225, Fairmont Parkway, Spencer Highway, Barbour's Cut Boulevard, Old Highway 146 (Broadway), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road, and East Main Street. Conclusion and Recommendation: Several cities in the area have approached this issue by adopting exterior building design standards, which define standards to be used on new construction fronting major thoroughfares. Typically, these ordinances mandate the use of a combination of brick, masonry and glass to a certain percentage to achieve the desired effect. Staff recommends that one or two story commercial structures/buildings, regardless of structure height, shall meet the minimum one hundred percent (100%) masonry requirements within General Commercial (GC) and Business Industrial (BI) zoning districts along major thoroughfare. Planning & Zoning Commission October 19, 2006 Page 4 of 4 Actions available to the Commission are as follows: · Recommend to Council approval for proposed amendment to the Zoning Ordinance pertaining to the exterior building design standards as stated above. · Recommend to Council approval of a revised version of the above. · Recommend to Council denial for the above amendment. · Table this item for further consideration by the Commission. S 106-443 Uses GC General Comm.; all per- mitted or conditional Outside sales or services Outside Storage Freestanding on premises signs Freestanding on premises signs located in controlled access highway corridor LA PORTE CODE Adjacent to Residential Minimum Minimum Minimum Yard Yard B1dg. Landscaping Maximum Setbacks Setback Maximum Design 5 Lot Coverage F.R.S. F. R. S. Height Standards 1.3.4.6.7 2.6 (feet) 8 6% 40% 20-10-0 20-20-10 N/A 100% Masonry N/A N/A 5-5-5 Same as N/A principle use N/A N/A 20-10-5 Same as See Section principle 106-444 (b) use See article VII of this chapter See article VII of this chapter (b) Footnotes to Table B. 1. A minimum landscape setback of20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and groundcover, with a planting plan required to be submitted and approved by the enforcing officer. Required landscaping must be maintained by the property owner and/or occupant. 2. Screening is required in conformance with section 106-444(a). 3. All yards adjacent to public right-of-way must be a minimum often feet. 4. The minimum setback adjacent to any utility easement shall be three feet. 5. See article V, division 4 of this chapter for additional requirements. 6. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 7. Within the Main Street District the front yard is the average of the existing structures on that side of the street or the setback of the closest structure on an adjacent lot. This applies to the primary structure only. Any accessory buildings must be a minimum of six feet from the main structure, but may be zero feet from any lot lines. Within the Main Street District and Overlay, maximum height is yet to be determined. 8. a) Minimum exterior wall standards shall be one hundred percent (100%) masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. iXHIBn~B b) Existing buildings shall also conform to this requirement upon expansion of over one third (1/3) of an area of improvement/development. c) In case of structural damage to the front of the building due to fire, flood, or other reasons, and the cost of redevelopment is in excess of 50% of the value, the structure shall conform to the above requirements. These provisions shall apply to all new developments and buildings. The following are exempt from the above requirements, unless required by the adopted building codes. i) Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. ii) Multiple pre-existing buildings andlor multiple pre-existing businesses on a single site or parcel of land. iii) Existing shopping centers and business parks. iv) Franchise businesses with an established theme. (Ord. No. 150l-X, ~ 5, 12-16-96; Ord. No. 1 5 Ol-JJ, ~ 7,10-14-02) Sec. 106-444. Special use performance standards. (a) Required screening. (1) Planting strip. A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet of the required screen. Supp. No.9 CDI06:60.2 ZONING ~ 106-522 and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping and site planning techniques. (Ord. No. 1501U, ~ A(art. B), 9-23-96; Ord. No. 1501-AA, ~ 6, 3-23-98; Ord. No. 1501-BB, ~ 5, 9-15-98; Ord. No. 1501-II, ~ 5,3-27-00) Cross reference-Sexually oriented businesses, ~ 90-31 et seq. Sec. 106-522. Table B, industrial area requirements. (a) Table B, industrial area requirements. Minimum Maximum Landscaping Lot Requirements Coverage 9 Uses (percent) (percent) BI business-industrial park; 6 50 All permitted or conditional LI light industrial district; 6 70 All permitted or conditional Loading docks N/A N/A Outside storage N/A N/A Shipping Containers 6 N/A Truck Stops -On- and off-premises free standing signs 15 See article VII of this chapter Freestanding on-premises signs located in controlled access highway corridors Minimum Yard Setbacks F. R. S. 1,3,5 (feet) 50-40-30 Adjacent to Residential Minimum Yard Setback F.R.S. 2,5 (feet) Maximum Height Bldg. Design Standards 10 (feet) 50-40-30 N/A 100%Masc 20-10-10 30-50-50 N/A 130-130-130 Same as N/A principal use plus 130ft. Same as principle use Section 1 06-444(b) 20-10-5 50-50-30 100-150-150 36 See article VII of this chapter (b) Footnotes. 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. Required landscaping must be maintained by the property owner and/or occupant. 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. Supp. No.4 CDI06:69 LA PORTE CODE ~ 106-522 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of- way, or rail service spurs. 4. See article V, division 4 of this chapter for additional requirements. 5. No sign shall be located in a required sight triangle in such a manner as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 6. Height restrictions may be modified as a conditional use, provided that no modification of height restrictions may occur adjacent to property zoned residential or commercial. Provided further that no modification shall be permitted if said modification would pose a danger to life or property. 7. Shipping containers are permitted to be stacked up to four containers in height. 8. Shipping containers will be stacked in a "pyramid" appearance along the front of the site. The initial row shall not exceed two containers in height, with each successive interior row gaining one container in height to a maximum of four containers in height. For the sides beyond the front area, the 'pyramid' appearance shall not be required. 9. Landscaping/screening will be required adjacent to residential area. 10. a) Minimum exterior wall standards shall be one hundred percent (100%) masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. b) Existing buildings shall also conform to this requirement upon expansion of over one third (1/3) of an area of improvement/development. c) In case of structural damage to the front of the building due to fire, flood, or other reasons, and the cost of redevelopment is in excess of 50% of the value, the structure shall conform to the above requirements. The above provisions shall apply to all new developments and buildings. The following are exempt from the above requirements, unless required by the adopted building codes. i) Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. iii) Existing shopping centers and business parks. iv) Franchise businesses with an established theme. (Ord. No. 1501-X, ~ 5, 12-16-96; Ord. No. 1501-BB, ~ 6, 9-15-98; Ord. No. 1501-II, ~ 6, 3-27-00) Sec. 106-523. Special use performance standards.