HomeMy WebLinkAbout12-07-09 Regular Meeting and Workshop of the La Porte Planning and Zoning Commission
Planning and Zoning Commission
Minutes of December 17,2009
Members Present:
Hal Lawler, Dottie Kaminski, Les Bird, Richard Warren, Kirby Linscomb Jr., and
David Janda (Alt 1).
Members Absent:
Paul Berner, Doretta Finch, Lou Ann Martin (Alt 2).
City Staff Present:
Director of Parks and Recreation, Stephen Barr; 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 August 20, 2009, regular meeting minutes.
Motion by Dottie Kaminski to approve the regular meeting minutes of August 20, 2009. Second
by Richard Warren. The Motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Les Bird, Richard Warren, Kirby Linscomb Jr., and
David Janda (Alt 1).
None
None
Nays:
Abstain:
3. Open Workshop to discuss landscaping, tree preservation, tree replacement, and establishment
of tree fund provisions of the City's Code of Ordinance.
Chairman Hal Lawler opened the workshop at 6:02 p.m.
Masood Malik, City Planner; addressed the Commission. 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.
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 20ft on center and minimum 5 gallons
shrub in between trees at 3ft on center are suggested.
Currently the City's Tree Preservation requirements allows the city 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 be protected until the city declares it hazardous
to pedestrian or vehicular traffic.
The current suggestion is that the city should have overall control of developed site area.
The Tree Fund is a new concept. Current provisions in the current code of ordinances have no
requirement for tree fund. In case there is no room for the trees to be planted at site, cash in lieu of
trees, donations or grant monies shall be deposited into the tree fund.
The Commission members reviewed a list of approved trees and shrubs and the draft changes to the
ordinance.
Planning and Zoning Commission
Minutes of December 17, 2009
Page 2 of 3
The Commissioners commented on concerns of enforcing the maintaining of trees.
Richard Warren voiced concerns with trees and shrubs planted too close to the road. Masood Malik
assured Mr. Warren that Code Enforcement will enforce the visibility triangle provision in accordance
with the Code of Ordinance.
David Janda asked staff to elaborate on the following items in the Ordinance;
a. Point out who will administer the tree fund.
b. Define how it will be appropriated.
c. List the maximum allowance to be disbursed to the grantor.
Mr. Janda copied staff and Commission members with an example of a Tree Fund Ordinance from the
City of Lynnwood.
Chairman Hal Lawler asked Staff for an example of property in La Porte where it's too small to plant a
tree. Masood Malik gave Battleground Industrial Park as an example. This site is fully developed
leaving no room for landscaping.
Richard Warren voiced his concern with the tree fund being depleted, by giving funds away without
some sort of reimbursement.
Stephen Barr, Director of Parks and Recreation, addressed the Commission to ease some of
Commission's concerns.
a. Minimum landscaping requirements will always be in place. This will prevent someone from
clear cutting their property completely.
b. Staff may explore the possibilities of replacing trees on a one time basis to prevent abuse of
the fund.
Masood Malik informed the Commission, staff will make necessary corrections as suggested and bring
the draft ordinance to the next Planning and Zoning meeting.
4. Close Workshop
Chairman Hal Lawler closed the Workshop at 6:29 pm.
5. Administrative Reports
Masood Malik gave Administrative Report.
1. Two homes are under construction in the Retreat at Bay Forest South subdivision.
2. The Developer of Lakes at Fairmont Greens, informed staff they will begin
construction of a model home early 2010.
3. The Preserve at Taylor Bayou has not met the city's requirements at this time. Once
the developer addresses the issues, staff will bring back to Planning and Zoning
Commission for consideration.
Stephen Barr announced the digging behind the Kroger was in the beginning stages and has had
rain delays. After completion the detention basin will also serve as a park with a hike/bike trail.
6. Commission Comments.
There were none.
7. Adjourn.
Chairman Hal Lawler adjourned the meeting at 6:42 pm.
Planning and Zoning Commission
Minutes of December 17, 2009
Page 3 of 3
nan on Green
Planning Assistant
Approved on this /8 day of ~, 2010.
Hal Lawler
Chairman, Planning and Zoning Commission
Workshop
Zoning Ordinance Amendments
Exhibits
A. Staff Report
B. Landscaping - Draft Ordinance
C. Lot Coverage - Discussion Paper
D. Section 106-751, Code of Ordinances
E. Zoning Map Revisions
Staff Report
Workshop
February 18, 2010
Zoning Ordinance Amendments
Backe:round:
The City of La Porte Comprehensive Plan identifies issues, needs, assets, and challenges
related to redevelopment efforts. Comprehensive Plan also encourages review of zoning
ordinance amendments whenever possible to achieve growth through a deliberate
planning process. In addition, the City should review the zoning map for consistency and
consider zone changes where appropriate.
Landscapine:
At the December 17, 2009 Planning and Zoning Commission meeting, staff gave a
presentation, which provided information on the existing and proposed requirements for
landscaping, tree preservation, tree replacement, and tree fund provisions of the
ordinances. Staff has made applicable changes as discussed and desired by the
Commission. Draft ordinance is hereby submitted for review.
Lot Coverae:e
At issue are lots in the recorded subdivisions particularly the Lakes at Fairmont Greens,
Section 1, along Wharton Weems Boulevard at State Highway 146. The homes will be
built close to, or at the maximum allowable lot coverage of 40% in compliance with
Section 106-333, Table B, residential area requirements, Code of Ordinances.
Discussion paper showing staffs research on the subject matter is attached for review.
The developer's request/research is included as well.
Staff suggests lot coverage for single-family detached may be increased from 40% to
50%.
Shippine: Containers
Per Section 106-751 of the City's Code of Ordinances, shipping containers may be used
as a temporary storage facility in non-residential zoning districts. However, commercial
construction i.e. church, allowed in residential zoning districts may use shipping
container as a temporary material storage facility, which has to be removed from site
upon occupancy.
Discuss use of shipping containers as a permanent storage facility in non-residential
zoning districts.
EXHIBIT A
Planning & Zoning Commission
February 18,2010
Page 2 of2
Revisions to the Zonine: Map
Over the past year, staff reviewed the Zoning Ordinance and Zoning District Map and
determined that changes were needed to ensure continuity between the two documents.
A deeper look at the Zoning District Map revealed several instances of market land use
demand differing from the map. To ensure understanding of the Planning and Zoning
Commission, City Council's intentions, goals and objectives of the La Porte
Comprehensive Plan, it is the intent to provide for appropriate and compatible uses while
ensuring that all applicable land use requirements are achieved and available resources
are used productively and efficiently. Staff suggests a review by the Planning and Zoning
Commission on the following rezonings:
1. Rezone Block 327 from General Commercial (GC) to Business Industrial (BI),
the subject property is located at the intersection of Broadway and Barbour's Cut
Blvd. Potential tenants and businesses are port related activities due to the
proximity of the Barbour's Cut Boulevard and Terminal. In addition, the
properties to the east and west of this block are zoned Business Industrial.
2. Rezone La Porte Outlots 367-370 from General Commercial (GC) and Large Lot
(LL) to PUD due to commercial/industrial nature of an existing facility (Shaw
Maintenance, Inc.) and its current tract configuration. Purpose is to provide for
grouping of land parcels for development as an integrated unit and secure City
control through future Special Conditional Use Permit.
3. Rezone Fairmont Park East Section 8 and detention area east of Driftwood from
High Density Residential (R - 3) to Low-Density Residential (R -1) for consistency
with neighborhoods to the west.
4. Rezone portions of Spencer Landing Section 1 & 2 along Spencer Highway and
Section 4 along North D Street from High Density Residential (R-3) to Low-
Density Residential (R-1) for consistency with existing subdivisions.
5. Rezone portion ofPPG property between Bay Area Blvd. and Harris County
Flood Control Channel (A104-07) from Business Industrial (BI) & Heavy
Industrial (HI) to Planned Unit Development (PUD) for consistency purposes.
6. Rezone Blocks 62-67 from Low-Density Residential (R-1) to Medium Density
Residential (R-2) for future housing needs by providing a variety of housing
options. These blocks are adjacent to the Main Street District and may help to
revitalize downtown with architecturally stylish houses and pedestrian-oriented
housing options.
Action by the Commission:
1. Discuss the Issues
2. The Commission may elect to:
y Direct staff to develop recommendations based on P&Z input
y Arrange a public hearing by next meeting
y Make Recommendations to City Council at the conclusion of a public
hearing.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, IN GENERAL,
SECTION 106-1, "DEFINITIONS", ARTICLE V, "SUPPLEMENTARY DISTRICT
REGULATIONS", DIVISION 4, "FENCING AND LANDSCAPING REQUIREMENTS",
AMENDING SECTION 106-800, "LANDSCAPING", SECTION 106-801, "TREE
PRESERVATION", SECTION 106-802, "TREE REPLACEMENT", AND ADDING SECTION
106-803, "TREE FUND", PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article I, "In
General", Section 106-1, "Definitions" to be added in proper numerical sequence, and to read as
follows:
Caliper - the diameter of the main stem or trunk of a tree measured at 6" above the
ground.
Landscape Buffers - provide separation between dissimilar land uses. Width is based on
the zoning of the development and abutting property and adioining streets.
Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 43. "Fencing and Landscaping Requirements" is
hereby amended by amending Section 106-800 - 106-802 "Reserved", which shall read as
follows:
Sec. 106-800. Landscaping.
. (a). Landscaping is req?ired alo~g the f~ont I?roperty line. an~ along the side property lines
m a mmImum four feet WIde plantmg strIP WIth a combmatIOn of trees and shrubs~
percentages specified in sections 106 333, 106 113, and 106 522. Corner lots shall be treated as
havin~ tw<;> front. proJ?erty ~ines. .A .certified . site p~an .and/or separate landscape plans shall be
submI.tted m conJUllc!IOn WIth bUIldmg permIt ~ppl1cat.IO~s. A landscape legend on the site plan
shall mclude t,:pe, SIze, .and numb.e~ of plantlpg.s eXIstm~ and proposed at site. Approval of
landscape reqUIrements IS a condItlon of bUIldmg permIt approval. Total area of required
landscaping shall be computed by the follov/ing method:
(1) Total developed site area shall be computed.
EXHIBIT q
(2)
Total urea of roofed over improvements shall be computed and then deducted
from the developed site area.
The area of required landscaping shall be bused on the total remaining developed
site area.
(3)
(b) Landscaping within public right-of-:way ~ay be us~d for landscaping purpo~es.
However, right of way used for landscapmg wIll not contnbute towards a total reqUIred
landscaping percentage for parking and open-space areas unless approved by the
Director. 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 yam.
There shall be at least one ornamental tree for every thirty linear feet of front
property landscape area on sites not abutting maior thoroughfares. For the sites
abutting maior thoroughfares, there shall be at least one ornamental 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. Parking lot with minimum twenty spaces shall provide a planter at the ratio of
one for every ten parking spaces.
ii. Planters shall not abut on more than two sides of required perimeter landscape
area. Each required planter shall have one shade. 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.
iii. The minimum size of parking lot trees shall be minimum two-inch caliper.
iv. The minimum height of parking lot trees shall be six feet.
(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. Shade trees shall be minimum of two-inch caliper and shall be selected from
City's recommended native/protected trees and plants list. Ornamental trees
shall be 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 when screening a parking area.
(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 along perimeter frontage to ensure no
overhang or damage to landscape area.
2
(4)
Irrigation. A programmable automatic irrigation system shall be provided to all
landscaped areas. Water conservation or rain sensor devices shall be used in
accordance with applicable City requirements.
(d)
(1)
Landscaping/screening for shipping container facilities.
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, S 5, 12-16-96; Ord. No. 1501-II, S 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. 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 premature 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 objectives:
1. Protect healthv trees and preserve the natural. environmental. and aesthetic qualities of
the City to the degree possible.
2. Protect and increase the value of residential and commercial properties within the City.
3. Discourage premature clear-cutting of property.
4. Maintain and enhance a positive image for the attraction of new developments to the
Citv.
3
(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 '.vay line or easement line abutting the required front
yard or '.'Iithin ten feet of any street right of vlay 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 provision if a tree is removed and destroyed where, in the opinion of the
planning director or his designated representative, said tree constitutes a hazard to pedestrian
and/or vehicular traffic along any such right-of-way.
(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
A tree disposition plan or tree survev must be submitted and approved prior to the removal or
destruction of any qualifying protected tree. In the event that it is necessary to remove a
protected tree, as a condition of a building permit issuance, applicant 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 caliper of at least two
inches measured six inches from the ground. The enforcement officer may prescribe a
proportionally smaller trunk diameter caliper for certain species of trees, i.e. Crepe Myrtle.
(c) Qualified trees. To be a "qualified tree', a tree must comply with the recommended tree list
"native or protected" of the City.
(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
mav, upon approval by the director, plant and maintain off-site replacement trees in accordance
with this section.
4
Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 3. "Fencing and Landscaping Requirements," is
hereby amended by adding new Section 106-803 "Tree Fund", which shall read as follows:
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 site 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 requirinz site vlans/vlats - payment to the tree fund must be
received by the City prior to the issuance of a building permit.
The Director of Parks and Recreation or his/her designee is authorized to administer the
operation of the tree fund. All revenues, mitigation fees, and penalties received under this
chapter and any donations or grant monies received to achieve the purpose of this chapter shall
be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required
for replacement but may not be used in any manner that will profit the grantee. Tree replacement
fee shall be calculated at the rate of one hundred dollars ($100.00) per caliper inch of tree or
shall be periodically adiusted as the market value of replacement trees warrants.
"Sections. 106-804 -106-830. Reserved."
Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 9: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate
any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
5
Section 11. The City.Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Texas Local Government Code; and that this
meeting has been open to the public as required by law at all times during which this ordinance
and the subjectmatter thereof ha~ been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 12. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least twice within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
6
LOT COVERAGE RULE
Zoning Ordinance Amendment
DISCUSSION PAPER
Staff has several inquiries and potential cases for variances to the maximum lot coverage
rule as stated in the Zoning, Chapter 106 of the Code of Ordinances. At issue are lots in
the recorded subdivisions particularly the Lakes at Fairmont Greens, Section 1, along
Wharton Weems Boulevard at State Highway 146. At present, the homes will be built
close to, or at the maximum allowable lot coverage of 40%. However, accessory
buildings 200 s.f. or less and patio cover up to 900 s.f. are exempted from 40 percent lot
coverage on single-family detached.
Existin2 ReQuirements:
Zoning Definition: Lot Coverage means the area under roof on any given lot.
Zoning Requirements:
. Section 106-333 Table B, residential area requirements:
~ Single Family Detached-------40%
~ Single Family Large Lot------ 40%
~ Single Family O-Lot Line----- 60%
~ Duplexes------------------------ 60%
~ Single Family converted/MF-50%
~ Townhouses, quadraplexes---75%
~ Manufactured Housing-------- 60%
Staff habitually sees subdivisions with homes at 39.9% coverage. These homes are built
with smaller living area, uncovered patio slabs that homeowners, eventually, desire to
cover in order to gain maximum use and value of their homes. The desire for an
additional living area/room and accessories, e.g. storage, shed, and covering the patios
with a roof adds to the square footage of cover for the lot and inevitably pushes the house
beyond the 40% threshold.
Staff analyzed the situation and compared cases with neighboring cities to determine an
equitable way to possibly alter the zoning criteria to maintain the intent of the ordinance
while alleviating the need for variances on case by case basis.
EXHIBIT C
Planning & Zoning Commission
Lot Coverage Rule
Zoning Ordinance Amendment
Page 2 of3
The summary of the staff's research is as follows:
City Min. Lot Area Min. Yard Setbacks Max. Lot Coverage
La Porte 6,000 s.f. 25'-15'-5' 40%
Pearland 6,000 s.f. 25' -20' -7'6" 60%
Webster 6,000 s.f. 20'-15'-5' 52%
Friendswood 6,200 s.f. 25'- 20'- 5' 50%
League City 5,600 s.f. 20'- 15'- 5' N/A
Pasadena 6,000 s.f. 20'-5'-5' N/A
Deer Park 6,900 s.f. 25'-20'-5' N/A
Bay town 5,400 s.f. 15'-10'-5' N/A
In addition, the developer of Lakes at Fairmont Greens, Section 1, has submitted research
results on lot coverage ratio, which is attached herewith.
The basic objective of this lot coverage is to minimize the threat of flooding to the areas
and to minimize the effect of continued development in the watershed. The City's
drainage criteria is in effect since 2000. Since then, detention is required for
developments in certain watersheds. The subdivisions in question have their own
detention basins and all lots contribute to a detention facility outfalling to nearby Harris
County Flood Control District drainage channels. The City's Public Improvement
Criteria Manual (PICM) uses a 55% coverage factor for drainage. The criteria, however,
take into account the roofed structures and all impervious cover created by driveways,
carports, sidewalks and slabs. Applying this criteria to these cases will resolve the issue
in that all properties remained in compliance with the coverage requirements.
City supports the use of storm water detention to supplement the open channel system. In
new developments, the developers have provided all the necessary easements and rights-
of-way required for drainage structures including storm sewer and open or lined
channels. With on-site detention system in place, new developments will limit or restrict
the impact downstream to accomplish the goal of eliminating flooding conditions for
existing level of urban development or future growth in the area.
2
Planning & Zoning Commission
Lot Coverage Rule
Zoning Ordinance Amendment
Page 3 of3
Recommended Requirement:
Staff recommends elevating the coverage criteria to a higher percentage of the lot for
single-family detached from 40% to 50%.
Actions available to the Commission are as follows:
. Set a public hearing date.
. Provide other directions to staff.
. Continue discussion until next meeting.
3
Preliminary research results on Lot Coverage Ratios by city.
Prepared by Jim Larson
Sources: Municode, municipal websites, municipal staff.
Dallas
EI Lago
Bellaire
Bryan
Deer Park
Dickinson
Friendswood.
LaMarque
League City
McKinney
Mesquite
Angleton
45%
55%
60%
75%
None
6000sf + None 5000sf 65%
40 - 50 % uses open space calculation
75%
None: Referred to a table of maximum impervious surface for each individual lot that
was <derived from hydrologic and hydraulic data for the plat.
45%
50%
None; individual interpretation by staff on infilllots or lots not in platted subdivisions.
I found lot coverage ratios in Texas cities ranging from 30% to none.
A lot of cities had no formal recognition of lot or building coverage in Municode. Possibly based upon
subjective and/or objective decisions by staff?
Many city's definitions gave no explanation as to the whether the lot coverage ratios were for drainage
purposes, aesthetic purposes or other reasons.
Many commercial areas are still allowed maximum lot coverage and no parking lot restrictions mandating
plants, trees or pervious surfaces to help absorb water.
PUD:
Also: Some excerpts from surveys containing data depicting some future trends in housing.
A survey commissioned by the AARP reveals some fresh information on the future housing
habits of the Baby Boomers.
December 3, 2008 HousingZone
One in four baby boom generation households (26%) expects to move from their current home in the
future, with the maiority looking for a single-level home that is more comfortable or convenient, according
to a new survey prepared for AARP.
Many of those who expect to move said they will be looking for a better house, a better climate or a home
that is closer to family and friends. More than half of those boomers (aqe 45-64) planning to move expect
to look for a home that's all on one level (59%). About half said they will look for a newer home (50%) or
a smaller home (49%).
The poll conducted by Opinion Research Corporation for AARP * was released to coincide with the
announcement of the 2008 Livable Communities Awards from AARP and the National Association of Home
Builders (NAHB) honoring innovative thinking in the field of home and community design.
Older boomers are significantlv more likely than younger boomers to think that they will move into a
single level home (68% vs. 54% of those planning to move). but age is not the only factor that affects
expectations. Boomer men are more likely than women to believe they will move into a newer home (61 %
vs. 42%) or move into a home in a warmer or better climate (41% vs. 25%) Boomer women are more
likely than men to think they will move into a smaller home (54% v. 41 %).
"While boomers will reflect the patterns of earlier generations and mostly age in place/, said Elinor Ginzler,
Senior Vice President of AARP, "the sheer number of boomers will increase demand for a whole variety of
home and communitv options. The 2008 Livable Communities Award winners offer some great examples
of appealing, user-friendly design." The number of persons age 65 and older is expected grow to 70
million by 2030.
"The winners of the 2008 Livable Communities Awards have clearly taken note of the increasing demand
for more accessible, livable homes and communities, and are on the leading edge of change," said Sandy
Dunn, Chairman of the Board of NAHB and a home builder from Point Pleasant, W.Va. "The trend-setting
homes and communities we honor with the 2008 Livable Communities Awards meet the demands of both
today and tomorrow's homeowners by combining easy living with inviting design."
STUDY REVEALS WHAT OLDER HOMEOWNERS PREFER
LAS VEGAS (National Association of Home Builders) - A recent study by the National Association of
Home Builders (NAHB) and the Metlife Mature Market Institute revealed what consumers age 55 and older
are looking for in a home.
The data, which was presented this week at the International Builders' Show, uncovered a strong
similarity in housing preferences between consumers in the 55- to 64-year-old age group and those in the
65 and older group. However, there were exceptions.
The younqer aqe group showed more interest in technologv-heavv features, while the older group
expressed a stronqer preference for sinqle-story floor plans or ones with first-floor master bedrooms and a
variety of universal design features.
According to John Migliaccio, director of research with MetLife Market Institute, one striking difference had
to do with the desire for home services and community services.
"Very telling is that the younger group reported enthusiastically that they want services like home
maintenance and repair as part of their next home purchase, along with services typically connected to
older homeowners, such as housekeeping, onsite health care and transportation," he said.
Paul Emrath of NAHB pointed out that the share of households that will want lower maintenance housing is
large and growing larger as baby boomers age. He cautioned that the current financial situation has led to
sharply decreased construction of communities that serve the market. Without a chance in the availability
of capital for development and construction, there could well be a shortage of such housing when it is
most needed.
Future Home Buvers
News Release
January 25, 2010 HousingZone
2010 The survey found top priorities to include price, enerqv-efficiencv, organization and comfort.
Las Vegas, Nev., Jan. 20, 2010 - Better Homes and Gardens revealed proprietary research and
insights on what consumers are looking for in their next home and overall priorities guiding current and
future home improvement projects.
A Smaller and More Energy-Efficient Home
Continuing the "downsizing" trend, more consumers (36% in 2009; 32% in 2008) expect their next home
to be "somewhat smaller" or "much smaller."
An Organized, Multi-Tasking Home with No Wasted Space
The home office is a priority as 59% of consumers plan to have one in the home.
America's love affair with the large garage continues to flourish with 37% now wanting a 3-car or larger
garage compared to 29% in 2008.
A Family-Friendly Home
Nearly two-thirds (62%) consider a comfortable family gathering space to be top priority in the next
home.
There is also an increased desire (51 % vs 44% in 2008) for a wall-mounted flat screen TV in the main
family living area and for networked computers/home entertainment center (48% vs 43% in 2008).
About the Study
The online survey fielded Nov 9-16, 2009 among BHG reader panelists who plan to purchase a home or do
a major home improvement/decorating project in the next 12 months. A total of 2,342 completed the
survey for a margin of error of +/- 2 percentage points. The Meredith Consumer Panel consists of nearly
200,000 women who share a passion for home and family; they have become part of Better Homes and
Gardens brand family by taking part in research, marketing and other activities.
~ 106-751
LA PORTE CODE
Sec. 106-751. Shipping containers.
Shipping containers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-I, R-2, and R-3). In addition, commercial
construction allowed in residential zoning districts may use shipping containers as temporary
material storage facilities. (Note: Certificate of occupancy shall not be issued until shipping
container is removed from the site.)
(Ord. No. 1501-II, ~ 7, 3-27-00; Ord. No. 1501-NNNN, ~ 6(Exh. F), 4-25-05)
Sees. 106-752-106-770. Reserved.
DIVISION 3. AREA REQUIREMENTS
Sec. 106-771. Yard requirements.
The following shall not be considered as encroachments on yard setback requirements:
(1) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters,
lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like,
provided they do not project more than four feet into any front or rear yard, and two
feet into any side yard.
(2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they
do not extend more than one foot above the height of the exterior finish grade
elevation, or to a distance less than two feet from any lot line, or encroach upon any
utility easement. Further, pools shall not be considered as an encroachment on a front
yard setback, provided that such pools are located in a front yard adjacent to Galveston
Bay, and provided further that such pool does not extend more than one foot above the
exterior finish grade elevation, or to a distance less than two feet from any lot line or
encroach upon any utility easement.
(3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided that
no portion of such patio covers, awnings, or canopies shall encroach into any utility
easements, or any vertical projection thereof, and provided further that no portion of
such patio covers, awnings, or canopies shall be located at a distance less than five feet
from the side property line or three feet from the rear property line, or any vertical
projection thereof.
(4) Front and side yard carports. Front and side yard carports shall be permitted for
single-family detached homes subject to the following requirements:
a. Carports in a required front or side yard shall not be located closer than five feet
from any front or side property line.
Supp. No. 12
CD106:86
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