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HomeMy WebLinkAbout08-20-09 Regular Meeting and Public Hearings of the La Porte Planning and Zoning Commission Minutes of the Meeting Planning and Zoning Commission Minutes of August 20, 2009 Members Present: Hal Lawler, Paul Berner, Dottie Kaminski, Les Bird, Richard Warren, Doretta Finch, Kirby Linscomb Jr., and David Janda (Alt 1). Members Absent: Lou Ann Martin (Alt 2). City Staff Present: Planning Director, Tim Tietjens; City Planner, Masood Malik;, City Attorney, Clark Askins; and Planning Assistant, Shannon Green. Others Present: 1. Call to Order. Meeting called to order by Chairman Hal Lawler at 6:00 p.m. 2. Consider Approval of the July 16, 2009, regular meeting minutes. Motion by Dottie Kaminski to approve the regular meeting minutes of July 16, 2009. Second by Paul Berner. The Motion carried. Ayes: Hal Lawler, Paul Berner, Dottie Kaminski, Les Bird, Richard Warren, Doretta Finch, Kirby Linscomb Jr. None None Nays: Abstain: 3. Open public hearing to receive citizen input on Special Conditional Use Permit #SCU09-003 for property located at 803 McCabe Road, further described as 5.89 acres of land, TRS 5G & 5H, W.P. Harris Survey, Abstract 30; La Porte, Harris County, Texas. Han van Esch, property owner, seeks approval of a Special Conditional Use Permit to utilize an existing accessory building for consulting inspection services within a Planned Unit Development (PUD) zone. Chairman Hal Lawler opened the public hearing at 6:03 p.m. A. Staff Presentation Masood Malik, City Planner presented staffs report. B. Proponents Applicant Helmie van Esch, of 803 McCabe Road spoke in favor of SCU09-003. C. Opponents There were none. D. Proponents Rebuttal There were none. 4. Close public hearing. Chairman Hal Lawler closed the public hearing at 6:12 pm. 5. Consider recommendation to City Council regarding Special Conditional Use Permit #SCU09-003 for property located at 803 McCabe Road. Motion by Kirby Linscomb to approve Special Conditional Use Permit #SCU09-003 with the following conditions. 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. Planning and Zoning Commission Minutes of August 20, 2009 Page 2 of 4 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 1 06-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members of the family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521 (a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. 11. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Second by Paul Berner. The Motion carried. Ayes: Hal Lawler, Paul Berner, Dottie Kaminski, Les Bird, Richard Warren, Doretta Finch, Kirby Linscomb Jr. None None Nays: Abstain: 6. Open public hearing to receive citizen input on proposed amendments to Chapter 106 "Zoning" of the La Porte Code of Ordinances, and pertaining to allowable concentration of domestic livestock as an accessory use, on lots in excess of one acre. Chairman Hal Lawler opened the public hearing at 6:14 p.m. A. Staff Presentation Masood Malik, City Planner presented staff's report. B. Proponents Nolan Allen, of 10730 NAve "L" asked the Commission to consider lowering the proposed setback of 1 0' and to increase the number of animals per acre. C. Opponents There were none. D. Proponents Rebuttal There were none. Planning and Zoning Commission Minutes of August 20, 2009 Page 3 of 4 7. Close public hearing. Chairman Hal Lawler closed the public hearing at 6:49 pm. 8. Consider recommendation to City Council regarding proposed amendments to Chapter 106 "Zoning" of the La Porte Code of Ordinances, and pertaining to allowable concentration of domestic livestock as an accessory use, on lots in excess of one acre. Motion by Dottie Kaminski to approve recommendation to City Council regarding the following amendments to Chapter 106 of the Code of Ordinances: Section 1: Grazing Livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be pasture animals that can sustain themselves under normal circumstances in concentration defined herein this chapter. Recreational Livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be housed in a barn or similar structure, requiring supplemental feed and care in order to be kept in concentration defined in this chapter. Section 2: (a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of one acre (43,560 square feet), provided that all domestic livestock as defined above be restrained by a properly constructed and maintained fence no closer than five feet from property that is not devoted to the keeping of domestic livestock or by a perimeter property (exterior) fence of such construction so as to be impenetrable by livestock and to prevent intrusion into neighboring residential properties, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: Second by Paul Berner. Motion Carried. Ayes: Hal Lawler, Paul Berner, Dottie Kaminski, Les Bird, Richard Warren, Doretta Finch, Kirby Linscomb Jr. None None Nays: Abstain: 9. Administrative Reports Texas APA Conference is scheduled for October 7-10, 2009. The deadline to register is September 3, 2009. 10. Commission Comments. There were none. 11. Adjourn. Motion by Paul Berner to adjourn. Second by Les Bird. Motion Carried. Ayes: Hal Lawler, Paul Berner, Dottie Kaminski, Les Bird, Richard Warren, Doretta Finch, Kirby Linscomb Jr. None None Nays: Abstain: Chairman Hal Lawler adjourned the meeting at 7:51 pm. Planning and Zoning Commission Minutes of August 20, 2009 Page 4 of 4 ~ Planning Assistant Approved on this 11 day of f)Ju.e.AJ?.(2.., 2009. G~~t~ Hal Lawler Chairman, Planning and Zoning Commission Workshop Exhibits: A. Staff Report B. Draft Ordinance C. List of Trees & Plants Staff Report December 17, 2009 LANDSCAPING Discussion Paper Back2round: Recent developments have generated preliminary discussion on possible addition of landscaping standards to 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. Staff analyzed the situation thoroughly and presents this item to the Planning and Zoning Commission for discussion and further guidance in order for possible changes to the Code of Ordinances relating to landscaping, tree preservation, tree replacement and establishing tree fund in La Porte. Existin2 Requirements: Current ordinances require minimum landscaping to be 6%. Total area of landscaping is calculated as follows: a. Compute total developed site area. b. Deduct total area of roofed over improvements from the developed site area. c. Minimum landscaping requirement (6%) is based on the total remaining developed site area. However, no specifications for trees and shrubs are available for the planting plans. Grass, ground cover, flowering and non-flowering plants may be used for required landscaping. A provision for Tree Preservation allows City a control only within 15 feet of the street right-of-way (ROW) line or easement line abutting front yard or within 10 feet of the street right-of-way line or easement line abutting required side yard with a trunk exceeding six inches in diameter at a point 18 inches above the natural ground level, should not be removed or destroyed until the City representative declares it hazardous to pedestrian or vehicular traffic. In the case of removal or damage to a native tree, tree replacement of one or more newly planted trees is required by the ordinances. In addition, a tree must comply with the recommended tree list of the City (see attached). The enforcement officer shall determine the type and number of replacement trees. EXHIBIT A Planning & Zoning Commission December 17, 2009 Page 2 of2 Suggested Requirements: Minimum landscaping requirement of 6% is amended as landscaping must be provided along the front property line and along the side property lines in a minimum of four feet wide planting strip with a combination of trees and shrubs. Minimum 2" caliper tree at 20' on center and minimum 5 gallons shrub in between trees at 3' on center are suggested. In addition, the City's recommended trees, plants list, and specification shall apply for minimum landscaping standards in La Porte. For tree preservation, the current provision of the City's control area within 15 feet of any street right-of-way line or easement abutting the required front yard and within 10 feet if abutting the required side yard will be amended with an overall developed site area. In addition, a person desirous of developing the property shall obtain a clearing permit from the City. The intent is to encourage the preservation of existing large trees on the development tract as a whole. The enforcement officer shall determine the type and number of replacement trees in order to allow clearing of buildable areas only. However, current provisions in the Code of Ordinances have no requirements for tree fund in case there is no room for the trees to be planted at the developed site. Hence, a provision for the tree fund is introduced. Conclusions: It is staff's opinion that the above measures will protect urban environment of the City from unreasonable harming of tree/plants during development and predevelopment activities. Draft Ordinance showing proposed changes and strike outs is attached for reVIew. Staff seeks input and guidance from the Commission in order to address landscaping and other beautification measures within the City. Actions available to the Commission are as follows: . Set a public hearing date. · Provide other directions to staff. · Continue workshop until next meeting. LA PORTE CODE Sec. 106-800. Landscaping. (a) Landscaping is required along the front property line and along the side property lines in a minimum four feet wide planting strip with a combination of trees and shrubs~ percentages specified in sections 106 333, 106 113, and 106 522. Comer lots shall be treated as having two front property lines. A certified site plan and/or separate landscape plans shall be submitted in conjunction with site plan and building permit applications. A landscape legend on the site plan should include type, size, and number of plantings existing and proposed at site. Approval of landscape requirements is a condition of building permit approval. Total area of required landscaping shall be computed by the follov/ing method: (1) Total developed site area shall be computed. (2) Total area of roofed over improvements shall be computed and then deducted from the developed site area. (3) The area of required landscaping shall be based on the total remaining developed site area. (b) Public right-of-way may not be used for landscaping purposes. However, right-of- way used for landscaping will not contribute towards a total required landscaping percentage for parking and open-space areas. Landscaping on public property or easements is at owner's risk and subject to the requirements of section 106-794. (c) Landscaping plans shall be developed using the following criteria: (1) Location. a. Required landscaping shall be located in the front and side property lines yare. There shall be at least one tree for every thirty linear feet of front property and side property landscape area on sites not abutting maior thoroughfares. For the sites abutting maior thoroughfares, there shall be at least one tree for every twenty linear feet. Trees shall be planted in a boulevard type manner on center and uniform distance from the curb or pavement. b. Landscaping located in sight triangles shall be maintained in a manner that maintains an area of clear visibility between three and six feet as measured vertically from the adjacent prevailing grade. c. Parking Lot Requirements. i. Shade trees shall be planted in the parking lot at a ratio of one tree for every seven spaces. Trees shall be dispersed throughout the parking lot to maximize the shading effect on the parking spaces. These trees are exclusive of trees planted around the perimeter of the parking lot. ii. Parking lot with minimum twenty spaces shall provide a planter at the ratio of one for every ten parking spaces. iii. Planters shall not be located on more than one side to required perimeter landscape area. Each planter shall have one tree and shrub at least three feet in height. iv. The minimum size of parking lot trees shall be minimum two-inch caliper. v. The minimum height of parking lot trees shall be six feet. EXHIBIT 8 (2) Types of plants and materials. Trees, Grass, ground cover, flowering and non- flowering plants, shrubs, and trees, wood, timber, stone, fountains, and ponds may be used for required landscaping. a. Trees shall be minimum of two-inch caliper and shall be live oak, red oak, cedar elm, bald cypress, silver maple, pine, palm, or other trees of similar quality as per City's recommended native/protected trees and plants list. Yaupon, crepe myrtle, and other similar trees shall not be a minimum of three- inch caliper but minimum of six feet in height at the time of planting. b. Shrubs or hedgerow plants shall be no less than five gallons in size and spaced no more than three feet on center. c. Combination of trees and shrubs in a required landscape area should form a continual evergreen hedge or row. (3) Maintenance. Required landscaping must be maintained by the property owner and/or occupant. Vehicles should not encroach upon perimeter landscape areas or planters. Wheel stops must be provided to ensure no overhang or damage to landscape area. (4) Irrigation. A programmable automatic irrigation system shall be provided to all landscaped areas. Water conservation or overflow prevention devices shall be used in accordance with applicable City requirements. (d) Landscaping/screening for shipping container facilities. (1) The property owner or tenant shall provide a natural screening. This will be accomplished in one of three ways. a. Leave in place existing trees, vegetation, underbrush, etc. to provide a thorough, continuous and effective opaque visual screening of the shipping container development. b. Construct earthen berms with a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. c. Develop a screening plan that would be approved by the city that includes a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. (2) The property owner or tenant will provide screening along the frontage of the site and along the side yards for a distance of 50 feet. In the advent that the site is adjacent to a commercial or residential use, the screening shall be required for the entire length of the adjacent yard area. (3) All required screening shall be adjusted away from overhead power lines to allow for full maturity of the trees without unnecessary trimming or topping of the trees. (Ord. No. 1501-X, 9 5, 12-16-96; Ord. No. 1501-II, 9 8, 3-27- Sec. 106-801. Tree Preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. (b) It shall be unlawful for any person to cause or permit the destruction of any native tree within 15 feet of any street right of way line or easement line abutting the required front yard or within ten feet of any street right of way line or easement line abutting the required side yaffi-within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this pro','ision if a tree is removed and destroyed ..'{here, in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or ','ehicular traffic along any such right of way. The intent of this section is to encourage site planning which furthers the preservation of trees and natural areas by these methods; to protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control the unnecessary removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site; either by direct planting or through a 'tree fund'. It is the further intent of this section to achieve the following obiectives: 1. Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the City. 2. Protect and increase the value of residential and commercial properties within the City. 3. Discourage clear-cutting of property. 4. Maintain and enhance a positive image for the attraction of new developments to the City. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. Sec. 106-802. Tree Replacement Tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any tree. In the event that it is necessary to remove a protected tree, as a condition of a building permit issuance, shall be required to replace the tree( s) being removed with replacement trees as follows: (a) Number of replacement trees. Tree disposition conditions and tree permit authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site. (b) Minimum size. Replacement trees must normally have a trunk diameter of at least two inches measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk diameter for certain species of trees, i.e. Crepe Myrtle (see Section... above). (c) Qualified trees. To be a "qualified tree', a tree must comply with the recommended tree list "native or protected" of the City and following categories to be used as replacement trees: Oak species ALL, Cypress species, Elm species, Red Maple, Hickory, Pecan, American Holly, Sweet Gum, Green Ash, Black Walnut. (d) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (e) Trees in street area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the building official must be satisfied that Tex. Trans. Code, Chapter 316 has been complied with and also confirms there would be no violation of the provisions relating to visibility triangles and future overhead obstruction. A sufficient number and diameter of replacement trees shall be planted on the subiect site in order to equal the total diameter inches, as determined above. If this is not feasible, the applicant may, upon approval by the director, plant and maintain off-site replacement trees in accordance with this section. Sec. 106-803. Tree Fund. The owner or developer of any lot or tract of land required to replace trees in accordance with this section may, as an alternative and, upon approval by the director, pay a prescribed fee/amount into the tree fund as per following conditions: 1. Residential and non-residential plans/plats - payment to the tree fund must be received by the City prior to the submission of the development site plan and/or final plat approval by the Planning and Zoning Commission. 2. Building permits not reQuirinf! plans/plats - payment to the tree fund must be received by the City prior to the issuance of a building permit. Tree replacement fee shall be calculated at the rate of two hundred fifty dollars ($250.00) per caliper inch of tree or shall be periodically adiusted as the market value of replacement trees warrants. Sees. 106-804-106-830. Reserved. Recommended Trees and Plants La Porte, Texas The following trees shall be approved as new plantings for streets, public right-of-ways, city parks, public and private property, and parking lots etc. All plants shall be grown in accordance with good horticulture practices and under climatic conditions similar to those of the site. Plants shall be typical of their species or variety and have normal habits of growth. The following list is not all inclusive. However, if a particular tree/shrub is desired, a letter of acceptance to the designated officer is required. D-Deciduous (sheds leaves annually) Ifplaced on the south and west walls will reduce indoor temperature in summer by shading the roof and walls. In winter, these trees allow sunlight through to help heat the house. E-Evergreen (have green leaves through out the year) These trees can create a wind break if placed on the northwest side of the building. Shade Trees and Street Trees Common Name Botanical Name Live Oak Southern Red Oak Post Oak Chinquapin Oak Overcup Oak Shumard Red Oak Bur Oak Swamp Chestnut Oak Sawtooth Oak Nuttal Oak Monterrey Oak Water Oak White Oak Willow Oak Pecan Anacua Bald Cypress Cedar Elm Drake Elm Canary Island Date Palm Black Gum Sweetgum Sabal Palm California Fan Palm Chinese Pistachio Bloodgood London Planetree Black Hickory Sweetbay Magnolia Winged Elm D D D D D D D D D D D D D D D E D D D E D D E E D D D D D Quercus virginiana Quercus falcata Quercus stellata Quercus muhlenbergil Quercus lyrata Quercus Shumardii Quercus macrocarpa Quercus michhauxii Quercus acutseima Quercus nutallii Quercus polymorphe Quercus nigra Quercus alba Quercus phellos Carya illinoensis Ehretia anacua Taxodium distichum Ulmus crassifolia Ulmus parvifolia drakii Phoenix canariensis Nyssa sylvatica Liquidambar styraciflua Sabal sp. Washingtonia filifera Pistacia chinensis Platanus hybrida Carya texana Magnolia virginiana Ulmus alata EXHIBIT C Carolina Buckthorn Mexican Buckeye Texas Perimmon American Holly Southern Magnolia Texas mountain-laurel American Sycamore Sweetgum Rusty Blackhaw Viburnum River Birch Yaupon Holly Rough-leaf Dogwood Cherry Laurel Japanese Yew Texas Redbud Sugar Hackberry Slash Pine Common Crapemyrtle Texas Persimmon Camphor- Tree Wax Myrtle Loblolly Pine Mexican Plum Flowering Crabapple Saucer Magnolia Bradford Pear Eastern Persimmon D D D E E E D D D D E D D E D D E D D E D E D D D D D Rhamnus caroliniana Ungnadia speciosa Diospyros virginiana Hex opaca Magnolia grandiflora Sophora secundiflora Platanus occidental is Liquidamber styraciflua Viburnum rufidulum Betula nigra Hex vomitoria Cornus drummondii Prunus Caroliniana Podocarpus maccrophyllus Cercis canadensis texensis Celtis laevigata Pinus elloittii Lagerstroemia indica Diospyros texana Cinnamomum camphora Myrica cerifera Pinus taeda Prunus mexicana Malus spp. Magnolia soulangiana Pyrus communis Diospyros virginiana Shrubs/Bedding Plants Japanese Boxwood Dwarf Euonymus Silver King Euonymus Dwarf Gardenia Dwarf Burford Holly Dwarf Chinese Holly Compact Japanese Holly Dwarf Yaup on Holly Primrose Jasmine Texas Sage Dwarf Wax Myrtle Dwarf Purple Nandina Harbor DwarfNandina DwarfOleandar Turner Pittosporum Wheeler Dwarf Pittosporum Indian Hawthorne Red Spirea Spring Bouquet Liriope Asian Jasmine Japanese Aralia Red Barberry 1-3 ft. 1-2 ft. 2-3 ft. 1-2 ft. 2-3 ft. 2-3 ft. 1-2 ft. 1-3 ft. 1-2 ft. 3-4 ft. 3-4 ft 1-2 ft. 2-3 ft. 2-3 ft. 1-2 ft. 1-2 ft. 2-4 ft. 2-3 ft. 3-4 ft. 1-2 ft. 2-3 ft. 1-3 ft. 2-3 ft. Buxus microphyliajaponica Euonyumus japonica micro Euonymus japonic silver king Gardenia japonica Hex com uta burfordii Hex cornuta rotunda Hex cranata compacta Hex vomitoria nana Jasminum meonyi Leucophyllum frutescana Myrica cerifera Nandina domestica nana Nandina domestica harbor Nerium oleandar Pittosporum tobira Turner Pittosporum tobira Wheeler Raphiolepia indica Spiraea bummida Viburnum tinus Liriope muscari Trachelospermum asia Fatsia japonica Berberis thunbergii Page 2 Cleyera Red Tip Photina WaxleafLigustrum Southern Wax Myrtle 1- 3 ft. 6 ft. 6 ft. 6 ft. Cleyera japonica Photinia glabra Ligustrum japonicum Myrica cerifera Minimum Height and Distance at planting. l. 2. 3. Canopy trees Understory trees Shrubs 6 - 8 feet 5 - 7 feet 18" - 22" 1 per 30' on center 1 per 20' on center 1 per 3' on center General Specifications for Shade and Ornamental Trees Container Caliper Height Spread Branch Height 15 Gal. 1 14" - 1 Y2" 6'- 8' 2Y2'-3' 3'-4' 30 Gal. 2" - 2 Y2" 8'-10' 4'-5' 4'-5' 45 Gal. 2 Y2" - 3" 10'-12' 5'-6' 5'+ 65 Gal. 3" - 3 Y2 " 12'-14' 6'-7' 5'+ 95 Gal. 4" - 4 Y2" 14'-16' 7'-8' 5'+ Flowering Ornamentals 15 Gal. 30 Gal. 45 Gal. 1 " - 1 14" 1 Y2" - 2" 2" - 2 Y2" 5'-7' 6'-8' 8'+ 3'-4' 4'-5' 5'+ 3'-4' 4'-5' 4'-5' Clump or Multi-trunk (3-5 cane) 15 Gal. 30 Gal. 45 Gal. 65 Gal. 6'-8' 8'-10' 10'-12' 12'-14' 2Y2'-3' 4'- 5' 5'+ 6'+ Source: Southeast Texas Nursery Grower's Association Page 3