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Home My WebLink About02-18-10 Special Called Meeting and Public Hearings of the La Porte Planning and Zoning Commission Minutes of the Meeting Planning and Zoning Commission Minutes of February 18, 2010 Members Present: Hal Lawler, Dottie Kaminski, Doretta Finch, Les Bird, Richard Warren, Kirby Linscomb Jr., David Janda (Alt 1), and Lou Ann Martin (A It 2). Members Absent: Paul Berner, City Staff Present: Director of Planning, Tim Tieljens; 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 5:59 p.m. 2. Consider Approval of the December 17, 2009, regular meeting minutes. Motion by Dottie Kaminski to approve the regular meeting minutes of December 17, 2009. Second by Richard Warren. The Motion carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Les Bird, Richard Warren, Kirby Linscomb Jr., David Janda (Alt 1). None None Nays: Abstain: 3. Open Workshop to discuss zoning ordinance amendments as follow: Chairman Hal Lawler opened the Workshop at 6:02 pm. A. Landscaping - tree preservation, tree replacement and tree fund B. Lot coverage for single family dwellings C. Use of shipping containers in non-residential zoning districts D. Revisions to the Zoning Map A. Masood Malik, City Planner, presented staffs report on Landscaping. The current ordinance requires minimum landscaping to be 6%. The total area of landscaping is calculated as follows: Compute total developed site area. Deduct total area of roofed over improvements from the developed site area. Minimum landscaping requirement (6%) is based on the total remaining developed site area. Example: Total developed site area Building 10,000 sq.ft. 4,000 sq.ft. Min. landscaping 6,000 sq.ft X 0.06 = 360 sq.ft. Staff recommends the following provisions; Landscaping shall be required 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 40' on center and minimum 5 gallons shrub in between trees at 3' on center are suggested. Planning and Zoning Commission Minutes of February 18, 2010 Page 2 of 4 Parking lot with minimum twenty spaces shall provide a planter at the ratio of one for every ten parking spaces. Shade trees shall be min. of 2" caliper and Ornamental trees shall be min. of 6' in height at the time of planting. The City's recommended native/protected trees and plants list is available. Tree Preservation As per our current provisions, City has 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, must be protected. Staff recommends to include overall developed site area to discourage premature clear-cutting of the property. Tree Replacement In addition to the existing provisions, Tree disposition plan or tree survey 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, the applicant shall be required to replace tree(s) being removed with replacement trees. Tree Fund Current provisions in the Code of Ordinances have no requirements for tree fund in case there is no place for the trees to be planted at the developed site. Hence, staff recommends the following provisions shall be established. . Custodian designated - Director Parks & Recreation is authorized to administer the operation of the tree fund. Source of monies - All revenues, mitigation fees, and penalties received under this section and any donations or grant monies received to achieve the purpose of this section shall be deposited into the tree fund. Appropriation - 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 adjusted as the market value of replacement trees warrants. The Commission Members asked staff to bring back for Public Hearing. B. Masood Malik, City Planner, gave staff's report on Lot Coverage. 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. 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 a case by case basis. 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 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 Planning and Zoning Commission Minutes of February 18, 2010 Page 3 of 4 and slabs. Staff recommends elevating the coverage criteria to a higher percentage of the lot for single-family detached from 40% to 50%. After discussion, Commission requested staff change the wording in the ordinance to read you can have 50% if it a subdivision with designated detention and 40% if you don't have designated detention. The Commission asked staff to bring back with corrections for a public hearing. C. Masood Malik, City Planner, gave staffs report on the use of Shipping Containers. As per Sect. 106- 751 of the Code of Ordinance shipping containers may be used as temporary storage facility in non- residential zoning districts. However, commercial construction such as a church in residential area may only use a shipping container as a temporary storage, which must be removed after occupancy. Tim Tieljens, Director of Planning, addressed Commission to explain the recent requests brought to staff by a number of property owners. Several property owners experienced recent Code Enforcement due to the use of containers. Staff is asking the Planning and Zoning Commission about how they feel about use of containers in a non-residential zone. The Commission recommends staff to enforce the current ordinance, which allows shipping containers only in Heavy industrial Zones. D. Masood Malik, City Planner, gave staffs report on the use of Revisions of zoning map. Our Comprehensive plan outlines goals and objectives and addresses to review zoning ordinance and zoning map on regular basis to ensure property development compatibility and to ensure continuity between these two documents. Staff has identified (6) six locations on the zoning map for Commissions consideration. 1. Rezone Block 327 from General Commercial (GC) to Business Industrial (BI). 2. Rezone La Porte Outlots located along Underwood Road, 367-370 from General Commercial (GC) and Large Lot (LL) to PUD. 3. Rezone Fairmont Park East Section 6, 7, 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 of PPG 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). 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. Commission directs staff to bring items 3, 4, 5, & 6, back for a publiC hearing as single action item. Commission took no action on items 1 & 2. 4. Close Workshop Chairman Hal Lawler closed the Workshop at 7:35 pm. 5. Administrative Reports Tim Tieljens, Director of Planning, gave Administrative reports. Main Street Town Plaza grand opening is March 25th. 2000 ft of beach has been installed at Sylvan Beach. West side Ball field is scheduled to be open in the spring. Planning and Zoning Commission Minutes of February 18, 2010 Page 4 of 4 Hike/Bike trail on Fairmont has been approved. This project will start from Little Cedar Bayou to the west at Pasadena's Trail which goes to Clear Lake. 6. Commission Comments. Dottie Kaminski invited members and staff to attend the Chamber's Annual Casino Night on February 19, 2010. Lou Ann Martin informed the Commission the Patio homes on the Golf Course near completion. 7. Adjourn. Chairman Hal Lawler adjourned the meeting at 7:38pm. ~F ShanrW een . Planning Assistant Approved on this d- 4 day of 1;1 a..,jJfG, 2010. f)k,Sl:~~ Hal Lawler Chairman, Planning and Zoning Commission Rezone Request #RIO-OOl Exhibits A. Cover Sheet B. Area Map C. Public Notice Response Zone Change Request #RlO-OOI Planning and Zoning Commission March 24,2010 Location of Proposed Change Fairmont Park East, Sections 6, 7, 8, and Residential/detention east of Driftwood Drive. Legal Description of Proposed Zoning Lots 1-35, Block 44; Lots 1-22, Block 45; and Lotsl-25, Block 46, Res-det., Fairmont Park East Section 6 Lots 1-19, Block 40; Lots 1-10, Block 41; Lots 1-24, Block 42; and Lots 1-15, Block 43, Fairmont Park East, Section 7 Lots 1-18, Block 36; Lots 1-10, Block 37; Lots 1-18, Block 38; and Lots 1-10, Block 39, Fairmont Park East, Section 8; W. M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. Applicant CLP. Present Zoning High Density Residential (R-3) Proposed Zoning Low- Density Residential (R-l) Surrounding Zoning North General Commercial (GC) East General Commercial (GC) & PUD South Low-Density Residential (R-I) West Low- Density Residential.(R-I) Land Use MaD Low Densili'Residential Activ!ty Present Single-family Residential Summary: · Staff finds the requested change conforms to the zoning and uses of nearby properties. · The tract in question is suitable for the requested change to R-l compatible with adjacent properties to the west of Driftwood. · The requested change of the subject tract should not negatively impact the existing homes or surrounding properties and should not harm the value of existing properties. Infrastructure or utilities in the area would not be affected. Recommendation: · The requested change is compatible with the zoning and uses of nearby properties. Staff recommends approval of the zone change request. Actions available to the Commission are as follows: · Recommend to Council, approval of the above zone change request. · Recommend to Council, approval of a revised version of the above stated. · Recommend to Council, denial of the above request. · Table this item for further consideration by the Commission. EXHfB IT A II #R-10-001 EXH1Bl1 ~ A Meeting of the La Porte I~lf ~TI\f\E~.~ 1\J\l MAR 1 6 20\0 ~ pl~nnin2' & Zo~ Commission (Type of Meeting) By -= Scheduled for March 24, 2010 (Date of Meeting) to Consider . Rezone Request #R10-001 (Type of Request) - - I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: -r: qr, i1 01 Wft7'l T1 I> {ffh dc,.,S: ~ ~~eJcb0> f1~ ,'1[ LYl v- I1€'-.JhiJ,r <>'" d I am OPPOSED to granting this request for the following reasons: (!j ~ ffUif ~=e (plea.. p~ ~~_ rf tgnature lit) /1 m//L.?Uood Address Lnf2~r~ 7;('17S7 / City, State, Zip EXHfBrr ~ A Meeting of the La Porte Planninl{ & Zo~ Commission (Type of Meeting) Scheduled for March 24, 2010 (Date of Meeting) to Consider Rezone Request #R10-001 (Type of Request) I have received notice of the above referenced public bearing. I am in FAVOR of granting this request for the following reasons: C Itf n Cjh)cf/;,a::d .... Slj,-rcanl'~ ''!J Cu"&t .:3ACI~/cI ~~: -'~ S/."l- ;ldgl)~ "'/71; I am OPPOSED to granting this request for the following reasons: I '"I .----/ / dY 1:;11 a},Z / '/1-P /"},01:7 S /. /,- J I Name (pi~e pm;,ty' ;< ~ /J<~ , ~/7!C:~' ~~~':l' //,.- Signature / / CIS" c,-J'?U-;'/..;!.t:,'Cd r:t. ,.- Address ,! r" k-,~,--k ;;: 77,-5-71 City, State, Zip A Meeting of the La Porte ~~ ~ ~ II \~I ~~ 1\ \ L'l L; I ,-' U \._" ~ MAR 1 6 2010 Plannin~ & Zonin,g Commission (fype of Meeting) Scheduled for March 24, 2010 (Date of Meeting) . By- ..-~ to Consider . Rezone Request #R10-001 (type of Request) I have received noti.ce of the above referenced pubJlchearing I am in FAVOR of granting this request for the following reasons: T /f4u~ /I/o- ~..rO,// rcY O..P'P'Or""a- /r_ I ~-V'1?A-IU!Jt1Ttfe CITY ~/Z rf./#'2 T/f6/L ~P<-~AAn,+T/Orv: (Z ~O...-v r tVv.:;."Vr , MVL r.z ~/T~/(., '/ /-/ovJ"/'1/c:$ /""l/?:d7,c- /i/eICHdc~H004~ ( I am OPPOSED to gxanting this request for the following reasons: IJAulO /lEA-.J' T7 .17 Name (please. print) ( d~# . Signatur~ 1102& /WG'fQ VlrE -t:1~_ Address c;,. h~r7? ~~ --; 7 J~JI City, State, Zip Scheduled for A Meeting of the La Porte pl~nning & Zo~ Commission (Type of Meeting) March 24, 2010 (Date of Meeting) to Consider ' Rezone Request #R10-001 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: PO Molt!- Ifo1ld5 ~J_ ~;j~~;;tl::::i 7u(~~ frm1A 1Ue...? a' 50 f.~ ftuuk(ILj WtJ ~ I=OPPO~E~to::J~~o,~!~{/ttf~ -r;aur Ii t/uJ- ~nne (prea,;r~ ~ignature /(0).1 ~/rCJ 7)(. If) Ad<ke" ~ ~ rMt 17~1/ City, State, Zip A Meeting of the La Porte March 24, 2010 (Date of Meeting) ntE~[En~~m ~::::20:0_~ "_..'-~--- p & Zo' Commission (Type of Meeting) Scheduled for to Consider ' Rezone Request #R10-001 (Type of Request) I have received notice of the above referencec public hearing. V I am in FA VO R of granting this request for the following reasons: r Gtr'\ ('ai',' q +;:'""," C V15/5 ttn"t W/tJ.. t}f VI nt, Lbdr~opol 0(' "tOMttl&.fI1,'t " T'Il()r~ hL6/nt-J.5C5 >I1C~ t45 11.\tr/:-elj 4ttractj MLH'e olr,1tef'5) f^ort C-4t^S) and MOi'e- ffr) b/ffltS t.hAII -:r: q~ prefal'ed to, f"t ,'" -th-e areq 1;.hA.t r J-A1\t.. to 54fely "'~f5e M.j -r~fI1iJy In ! OPPOSED to granting this request for the following r ~s e>r MOre fePf/l J LtrJ WI'th I \;V,'ll,'~~ (~oe'f) JosqJ... Trlplett]1r Name (please print) ~!: 11031 CofJ,''JSINt'od fJ', Address L.a. fprf;e ~tts~te. ;:57} Rezone Request #RIO-002 Exhibits A. Cover Sheet B. Area Map C. Public Notice Response Zone Change Request #RIO-002 Planning and Zoning Commission March 24, 2010 Location of Proposed Change Spencer Landing, Sections 1, 2, 4, and Pt. detention Res. A (Spencer Highway & North D Street Lots 1-13, Block 1; Lots 1-8, Block 2; Spencer Landing, Section 1, Lots 1-15, Block 1; Lots 1-9, Block 2; Spencer Landing, Section 2 and Lots 1-34, Block 1; Spencer Landing Section 4 Richard Pearsall Survey, Abstract 625, La Porte, Harris Coun , Texas CLP. Hi h Densi Residential (R-3 Low- Density Residential (R-I) North Low-Density Residential (R-I) East Large Lot Residential (LL) South General Commercial (GC) West -3 & PUD Low Densit Residential Sin le-famil Residential Legal Description of Proposed Zoning A Iicant Present Zonin Proposed Zoning Surrounding Zoning Summary: . Staff finds the requested change conforms to the zoning and uses of nearby properties. . The tract in question is suitable for the requested change to R -1 residential development and compatible with adjacent properties within these sections. . The requested change of the subject tract should not negatively impact the existing homes or surrounding properties and should not harm the value of existing properties. Infrastructure or utilities in the area would not be affected. Recommendation: . The requested change is compatible with the zoning and uses of nearby properties. Staff recommends approval of the zone change request. Actions available to the Commission are as follows: . Recommend to Council, approval of the above zone change request. . Recommend to Council, approval of a revised version of the above stated. . Recommend to Council, denial of the above request. . Table this item for further consideration by the Commission. EXHfBll A N .. W' 'E . . S .. '., r '. E A Meeting of the La Porte rn~ ~~:R~: ~lO~W Plannin~ & Zo~ Commission (Type of Meeting) By _....._.~.. Scheduled for March 24, 2010 (Date of Meeting) to Consider Rezone Request #R10-002 (type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: \0 '\\'\'i::.\.,)~e- ~~e.~~ ~,~ ~\\\ o.\~,\~ ~c:... ~. 0. ~~~C- ~~~"\."\, \e...c::.,~~,,',~ "'e..'\~~~, \--.~~~ ~ c'"'" ," ~c."" e.. D s.. '~1- D~''''c:::looo. ~ D \..c;::.~.~e..,,~, ,.....\ - U \ ~c...G;:., ~~"" \: ~ ~ \.. (. ~ ~ I am OPPOSED to granting this request for the following reasons: ~~~ ~~~<::'-~\D\..c~C- Name (please print) ~c.~~ ~~(S~ Signature ~~""'\ Cf::>~""'<:W::-' \.....c:.~,~~ ""t:.G.'D\ Address ~ \...Q <y c' \ 1:.- "'\ '" \. \ ~,,\; City, State, Zip EXHIBIT C A Meeting of the La Porte PlanninK & Zonine" Commission (Type of Meeting) Scheduled for ID)[E@~O~~~ lill MAR 1 1 2010 ~ March 24, 2010 (Date of Meeting) By -- to Consider Rezone Request #R10-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: At.L- of S PftJ([;7Z UtNiJTtJG SHOULD B~ ltJ",r DftJsiry Kr.:.<;7/) FrJiLllL (p- f ) SIrJr,Lr:- ~ ) fl7fYITL. 7 ,. I am OPPOSED to granting this request for the following reasons: ./.... GA') /' ! l7AR~ QSS~ ~ '7 (plea,e pnn~ ~a -. Signature 1/8 7/; NvA OK Addrels L;q f6 i~T1:-~;-K' 77f7/ City, State, Zip L~ ~ ~ ~ ~ "J A Meeting of the La Porte Phonnint:{ & Zoning Commission (Type of Meeting) c::.-=J ..... Scheduled for ~ - @ ~ ~ ::E ~ I >.. CD March 24, 2010 (Date of Meeting) to Consider Rezone Request #R10-002 (Type of Request) ~ave received notice of the above referenced public hearing. o am in FA VO R of granting this request for the following reasons: ~~~~~~~M ~. I am OPPOSED to granting this request for the following reasons: f1(!L{ EddJatW Name (please print) ~iliL_~~ Signature 11.3~~~ ~ Address ~ eft ?-9S !/-/ City, State, Zip Rezone Request #RIO-003 Exhibits A. Cover Sheet B. Area Map C. Regional Detention D. Public Notice Response Zone Change Request #R10-003 Planning and Zoning Commission March 24,2010 A Hcant Present Zoning Fairmont Parkwa & Ba Area Boulevard TRS 1,2, 2A, 2B, 2C, 2E, 3, 4, 4A, and 23D, Richard Pearsall Survey, Abstract 625, La Porte, Harris Coun , Texas CLP. Business Industrial (BI) and Heavy Industrial H Planned Unit Development (PUD) North Planned Unit Development (PUD) East Heavy Industrial (HI) South Bauport Industrial District West Planned Unit Develo ment CommerciaVIndustrial PPG & vacant Proposed Zoning Surrounding Zoning Summary: . Staff finds the requested change conforms to the zoning and uses of nearby properties. · The tract in question is suitable for the requested change to Planned Unit Development (PUD) making an environment conducive for commercial and industrial developments compatible with adjacent properties within the vicinity. · In addition, a regional detention is proposed for this area near Harris County Flood Control District channel (A104-07). · The requested change of the subject tract should not negatively impact the existing businesses or surrounding properties and should not harm the value of existing properties. Recommendation: · The requested change is compatible with the zoning and uses of nearby properties. Staff recommends approval of the zone change request. Actions available to the Commission are as follows: · Recommend to Council, approval of the above zone change request. · Recommend to Council, approval of a revised version of the above stated. · Recommend to Council, denial of the above request. · Table this item for further consideration by the Commission. EXH IBIT A EXHIBIT B + PROPOSED SENS ROAD DETENTION BASIN a 2S 5a IIXl 150 :o:Il feci .J.~ f.g. ,mille,' eng1n~'~ ,....; .~~ '1.1""...'1:..:.....,'.1:,...:. ...'....,,-, 11.....~I....\ l<:'lo~'..:.J::' TexIS Firm Reglsntion No. F.487 EXHIBIT C Rezone Request #RIO-004 Exhibits A. Cover Sheet B. Area Map C. Conceptual Plan D. Public Notice Response Zone Change Request #RI0-004 Planning and Zoning Commission March 24, 2010 Location of Proposed Change 100' wide strip along West Polk Street between North 1st and North 7th Streets Lots 13-20, Blocks 62-66 and Lots 17-20, Block 67, Town of La Porte, Johnson Hunter Survey, A-35, La Porte, Harris Coun , Texas. CLP. Low-Densi Residential -1 Medium Density Residential (R-2) North Low-Density Residential (R-l) East General Commercial (GC) South Main Street District (MS) West Medium Densi Residential Low Densit Residential Sin le-famil Residential Legal Description of Proposed Zoning A Hcant Present Zonin Proposed Zoning Surrounding Zoning Summary: · Staff finds the requested change conforms to the land uses of nearby properties. The property in question is suitable for the requested change to R-2 making an environment conducive for variety of residential housing options, i.e. single-family detached, single- family special or zero lot line, townhomes/condos, duplexes, tri-plexes, and quadraplexes. · Conceptual residential developments presented for this area will be compatible with adjacent properties and Main Street District. · The requested change of the subject tract should not negatively impact the existing homes or surrounding properties and should not harm the value of existing properties. · The subject property is in the vicinity of Main Street District & Downtown La Porte. · The overall impact on public services should be minimal. · Streets/roads may have adequate capacity to handle the traffic generated by this development. Conclusion/Consideration: · The requested change is compatible with the land uses of nearby properties. · The change will allow for the development of single-family detached, special or zero lot line, townhouses or condos etc. · The development within the subject tract may not negatively impact the surrounding properties and will not harm the value of the nearby properties. · In addition, it will not have significant impact on the traffic conditions in the area. In the staff's opinion, the concept is premature and may not have an appropriate market for this product at this time. However, staff presents it for the Commission's consideration. Actions available to the Commission are as follows: · Recommend to Council, approval of the above zone change request. · Recommend to Council, approval of a revised version of the above stated. · Recommend to Council, denial of the above request. · Table this item for further consideration by the Commission. EXHIBiT A "~ " '....,. "- " EXHIB\T C A Meeting of the La Porte PJ,mnin,g' & Zoni.nK Com.mission (Type of Meeting) Scheduled for m [HE) rE n ill rE fI J~ MAR I ,1 2010 lv By March 24t 2010 (Date of Meeting) to Consider Rezone Request #R10-004 (Type of Request) I have received Dotice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: .... I am OPPOSED to granting this request for the following reasons: ~ ~/fO\ ~ /JAAM~O_ .~ N~ ~~~~~~ cJ""trl ~ e.. ~,.pe{' ry to N=e, (Pl~) ~ /17 sigria {~1 ~J Lf'Ht ~+ Address l~~QJ-tG l} 77,57/ City, State, Zip EXHIBIT Dc Main Street District/Overlay (On & Off-premises Signs) Exhibits A. Staff Report B. Area Map C. Draft Ordinance D. Public Notice Response Staff Report March 24, 2010 On & Off Premise Signs Main Street District/Overlay Background: At the December 14, 2009 City Council meeting, staff made a presentation on the existing provisions of the sign ordinance for the Main Street District and Overlay and discussed the following policies in place: Signage requirements within the right-of-way (West Main portion of the Main Street Overlay only.) The purpose is to ensure consistent, safe application of acceptable signage encroachments within the right-of-way of the Main Street Overlay District and to address proposed signage and rebuild ability of existing signage. On-Premise sign clarification for Main Street District and Overlay. The purpose is to ensure consistent enforcement on replacement of existing on-premise free- standing signage within the Main Street Overlay and Main Street District. After the workshop, City Council directed staff to bring an ordinance with suggested changes to the sign ordinance related to the Main Street District and Main Street Overlay. A draft ordinance is attached for review and for public hearing on the subject matter. Conclusions/ Recommendations: It is staff s opinion that the suggested amendments will allow installation of signage that complies with these previous policies. However, new free-standing signs within the right-of- way shall not be allowed. In addition, it will allow installation of on-premise monument or ground signs for businesses that have a current on-premise, free-standing sign. Staff recommends approval of this ordinance amendment. Actions available to the Commission are as follows: . Recommend to Council, approval of the above amendments pertaining to the sign ordinance for the Main Street District and Overlay. . Recommend to Council, approval of a revised version of the above stated. . Recommend to Council, denial of the proposed amendments. . Table this item for further consideration by the Commission. EXHIB1T A ~~IRIT R ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS" SECTION 106-874 "ON-PREMISE SIGNS", AMENDING SECTION 106-874(A) FREESTANDING ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON-PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A CURRENT ON- PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT AND OVERLAY; AND BY AMENDING SECTION 106-875(C) "OFF-PREMISES SIGNS", WITHIN THE RIGHT-OF-WAY OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLA Y; 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 ($2,000); 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, "Zoning," Article VII. "Signs" Section 106-874 "On-premises signs," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 106-874. On-premises signs. (a) Freestanding on-premises signs. (5) MS Overlay and District a. Replacement shall only be allowed for businesses that have a pre-existing, non- conforming free-standing on-premise sign. b. The replacement sign shall be a monument or ground sign that does not exceed eight feet (8') in height from the ground to the top of the sign. (Note: In accordance with Section 106-878(b)(2). sign not exceeding 8' in height do not have to be engineered.) c. A City permit shall be required prior to any replacement. d. Replacement authorization shall require the property owner/tenant to eliminate any sign/visibility non-conformities that may currently exist with their free-standing sign. e. A City approved sign design and replacement may be eligible for City participation under the Main Street Incentive Reimbursement Grant Funds. Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises signs," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: ~XH'BIT C "Section 106-875. Off-premises signs. (c) fJI off premises signs shall be constructed with a single steel support pole. (c) Off-premises free-standing signs within the right-of-way may be erected in the West Main Street portion of Main Street Overlay as follows: 1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of ~ 2. Maximum four (4) foot encroachment/projection into the right-of-way. 3. Maximum sign face of sixteen (16) square feet. 4. Maximum of one 0) sign per business allowed. 5. Completed Right-of- Way License Agreement with the City. Section 3: 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 4: 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 5. 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). Section 6. 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, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has 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 7. 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. 2 PASSED AND APPROVED this the day of CITY OF LA PORTE , 2010. By: Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 3 A Meeting of the La Porte I..! .\\.. !::; I.' Ie.! I ~ IJ IV I LS ~1 II \,:. i '''':-:0 ;,D 1-':;, \.'J I:j t '; ! '1 ~,': MAR 0 8 zo1O 1. '; ~~ --: plannin~ & Zo~ Commission (Type of Meeting) Scheduled for March 24, 2010 (Date of Meeting) to Consider On-premise S~s and Off-Primise S~s within MaitiStreet District/Overlav (Type of Request) I have received notice of the above referenced public heating. I am in FA VO R of granting this request for the following reasons: L -- -~ · - ~ Q.. ""T 1\4 c 1./rz..rc:..J <;. .Q-{)verz.." s e- f,"""l~","","- ~ s..".J~ ~ I;: 4.1""\ PLA.c~~. Av'1 -n:"'-lo<rt1 \JVI..\.\. ~\.~~c> ~:""''1 .kl~ 74..X , , '\ '- lAJe.. ~O t:+. ~U~ S; <J::>fi} -;-~ ~<.:::L).v~"( 4 T d.U.~ '7.;;,,-,<- S'~ ~ hf(" \J{Q.J7 AAeJ...1.l ~lqA) 7,.,. k (l (..(c,...., "'-L~,-lL. "<;a. "-'VA"'-> .:::.I't.- /V2lG.~ (0 G- Q . {-\:.;..AJ' ~ lb . I am OPPOSED to granting this request for the following reasons: DEt-{{\.\( <6 ()UV(~ ~a;:e ~ase print) lu. '\ . t\:::J6 ~..(JJV\' ~ Signature fR(~ bu (~S~~~T Address ~ftv.::t~ T"'-. 77 C;-' I City, State, Zip EXHIBIT 0 Lot Coverage (Single-family Residential) Exhibits A. Staff Report B. Section 106-333, Table B (Residential Area Requirements) Staff Report March 24, 2010 LOT COVERAGE 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. Existinf! 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 A 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 Covera2e 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 Baytown 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. Detention is now 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 ConclusionlRecommendation: At the February 18, 2010, Planning and Zoning Commission meeting, staff gave a presentation, which provided information on the existing and proposed requirements for lot coverage. Draft language for an ordinance is hereby submitted for review. Staff recommends elevating the coverage criteria to a higher percentage of the lot for single-family detached from 40% to 50% in Planned Unit Development (PUD) zoning district and other residential subdivisions with designated detention/drainage system already in place. It is staff's opinion that the above measure will help builders to meet the increasing demand for more accessible and livable homes while keeping a 55% coverage factor for drainage intact within the City. Actions available to the Commission are as follows: · Recommend to Council, approval of the above amendment pertaining to the lot coverage for single-family detached. · Recommend to Council, approval of a revised version of the above stated. · Recommend to Council, denial of the proposed amendment. · Table this item for further consideration by the Commission. 3 -------~. -" ..... "j .... = ~ S f .... = 0'" f . ~ = s:: f ~ = ::: - ~ = .- .... ;::: .... ~ as ~ :s ~ ~ ~ I. ~ ~- = .~ ~~ .Q~ = '- E-- ":l . ~ f'f"l ~ ~~ I.b~ =~ ....~ ~ ~~ rz;. ___ "- =: ~ =: ~ .... ~ ~ . 0 l.. .::; ~~~~ CQ .S "'tl ~.~ ~ ;::: ~ t::r< :::: ~ ~~ ~ .... ...... :::: ~ ~ ~ g .=: ~~ i::..... ~ ~ ~ Q& .... ~ ~ ~ =: ;::: =: ~ ...... 'i:: C;;S ~ ~ ~ ~ o e tncn- ;:j"O~ci- 8~cO~"'; 'S :>-< -B ~ .,: i.8 ~-i"'; ~ N ~ I::....';S '_ 0 ~ ::::~~ ~ :::.: ~ ~....c:i ." 0 "- .s:: ~ ~ ~ ~ ~ l.. ~ ~ .1:: ~ ~ :.:500 ~I 0.:: ..... 0.:: ~ ~ o ~ t....; C-:i - ~ '" 8oo~ -~::J 0'1 Cl .... ~ .~ ~ ...... ~ l/') ~ I/') - ":l/') - I :j~ I N l/') -~ ....: ~ ~ o l/') ~ r.-:i o o o \0 "0 Q) ...=: ~ - Q) "0 .Q 's ~ I Q) 00 = ;;5 ~ --- ~ ~ o ~ ~ ~ o \0 l!) ..... o .8..... 0==1:1:: o ~ ~ ~ :::R o o \0 .s g..... ~ 'O==l:l::Z o ~ ~~~8~~~~< ~ - ...... C") ,- ;::::l 00 ;::::l --"z :,;f Cl l'- ""' Cl Cl ...... ~ l/') ~ l/') I l/') ..... I l/') ~ o 0\ o \0 l/') ~ ~ - ..9 l!) ~ .!S .Q 's ~ I Q) 00 .5 r./:) ~ l/') ~ o I o ..... I o ~ o ~ o o l/') ~ - ..!2 Cd '0 Q) 0. "-' .Q Q) 's .5 t$S 0 I Q) 0 OoeJ .5 .5 r./:) ...... ~ l/') ~ ...... ~ l/') ~ o ~ I o ~ I l/') ~ l/') I o ..... I o ~ o \0 o l/') o o o \0 o o o \0 "-' Q) >< Q) -a ::3 o "0 Q) 1:: Q) ;> = o (.) >'8 's s CIl ~ ~ .- I _ ~= go s ;;5 .s ~ ~ ~ o l/') ~ l/') ~ --- ~ l/') r- l!) ..... o .8..... 0==1:1:: o ~ "$. l/') ~ --- ~ o \0 l!) ..... o s::: ..... '0==1:1:: o ~ :::R o \0 ..... :::R o o \0 l!) ..... o .8..... o ==1:1:: o ~ 8 c:~ 8 ""~ 8 o~ '<:t 0..... \0 -;::::l C")-.o;::::l ""-Cl- Cll'- Cl o o o ~ "-'~ Q) "-' ::3 ~ = ~ o E--< ...... ~ l/') ~ o ~ I o ~ I l/') ~ o ~ c.,... cn'Q)' 8:2 o ~ o~ . -Q:: '-"0 "-'0 ~- Q) CIl - Q) e.... i::: CIl "0 Q) ~ .t::: ::3 "-' O'"~ ...... ~ l/') ~ o ~ I o ~ I l/') ~ o o ..... o o o o ~ .Q 's ~ - :; ~ ...... ~ l/') ~ l/') I o ..... I o ~ o ~ o o l/') ~ Cl) = .;;; ::3 o ..e "0 e ::3 t) ~ ::3 = CIl ~ r- ::t: \0 o ~ Q u ~ ~ ~ I \0 o ..... ~ 0\ d 0 ~;z: zo.. og. Nr:/:J EXHIBIT B LA PORTE CODE 106-333 10. 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. 11. In the case of multifamily residential developments with 50 or more units, said complexes must be located at least 1,000 feet from other multi-family residential developments of 20 or more units. However, the distance requirement of 1,000 feet shall not be applicable for the Main Street District. 12. Within the building setback, there must be a ten-foot opaque screen consisting of shrubs and fencing. (See section 106-334(i) for screening and fencing requirements.) 13. Residential developments that are townhouses, quadruplexes, or multi-family dwelling units must have a minimum of 25 percent landscaping. 14. Multifamily residential developments adjacent to single-family residential developments must establish a 25-foot buffer between the two developments. This buffer is in addition to the setback as established by this table. 15. In the case of multifamily residential developments, no off-street parking shall be placed within the required setback, or within the required additional 25-foot buffer when the development is situated adjacent to a single-family residential development. The space needed to meet the required parking spaces shall be exclusive of the required setback and the additional buffer. 16. In the case of multifamily residential developments being adjacent to single-family residential developments, the buildings within the multifamily residential developments that are directly adjacent to the single-family residential development shall be limited to two-stories in height. Buildings within the interior of the multifamily residential developments may be three-stories in height. 17. Multifamily residential developments cannot exceed 180 dwelling units. 18. See section 106-334(i)(3) for open space utilization criteria. 19. Following structures exempted from 40% lot coverage on single-family detached: Accessory buildings 200 s.f. or less and Patio Covers up to 900 s.f. (The impervious cover factor of 55% for the total site for drainage, as prescribed in P leM, remains in effect.) 20. Maximum Lot Coverage for single-family detached in Planned Unit Development (PUD) zoning district and other residential subdivisions with designated detention/drainage system, shall be 50%. (Ord. No. 1501-JJ, ~ 6, 10-14-02) Cross references-Contents of mobile home park plans, ~ 98-92; minimum area requirements for mobile home parks, ~ 98-95; location of mobile homes with respect to property lines and public streets, ~ 98-99. Supp. No.9 CD 106:50 Landscaping Tree Preservation, Tree Replacement & Tree Fund Exhibits A. Staff Report B. Draft Ordinance Staff Report March 24, 2010 LANDSCAPING Tree Preservation, Tree Replacement, and Tree Fund 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. Existine: Reauirements: 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 March 24,2010 Page 2 of2 Sue:e:ested Requirements: Minimum landscaping requirement of 6% is amended to provide landscaping 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 shade tree at 40' on center or ornamental 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 ofthe 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. ConclusionslRecommendations: At the December 17, 2009 and February 18, 2010, Planning and Zoning Commission meetings, 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. Draft ordinance is hereby submitted for review. 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. Staff recommends above mentioned amendments to the landscaping provisions and other beautification measures within the City. Actions available to the Commission are as follows: . Recommend to Council, approval of the above amendments pertaining to the landscaping provisions of the ordinance. . Recommend to Council, approval of a revised version of the above stated. . Recommend to Council, denial of the proposed amendments. . Table this item for further consideration by the Commission. 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 GUlL TY 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: Caliver - 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 aloI?-g the f!ont l?ropertv line.an~ along the side property lines m a nnmmum four feet WIde p1antmg stnp WIth a combmatIOn of trees and shrubs~ percentages specified in sections 106 333, 106 113, and 106 522. Comer lots shall be treated as havin~ tw<? fron~ prot;>ertv !ines. .A .certified . site p~an .and/or separate landscape plans shall be submItted m cOnjunctIOn WIth bmldmg permIt applIcatIOns. A landscape legend on the site plan shall include ~e. size. .and num~e! of plant~ng.s existin~ and proposed at site. Approval of landscape reqmrements IS a condItIon of bmldmg pernnt approval. Total area of required landscaping shall be computed by the following method: (1) Total developed site area shall be computed. EXHIBIT B (2) Total area of roofed over improvements shall be computed and then deducted from the de'.'eloped site area. The area of required landscaping shall be based on the total remaining developed site area. (3) (b) Landscaping within public right-of-way may be used for landscaping purposes. However, right of 'Nay used for landscaping will not contribute 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 ffi adiacent to the front and side property lines yam. There shall be at least one 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 either one ornamental tree for every twenty linear feet of front property or one shade tree for every forty linear feet of front property when overhead power line does not exist. 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 (min. 135 square feet) shall not abut on more than two sides of required perimeter landscape area. Each required planter shall have one shade tree. 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. 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 from the right-of-way. d. All plant material shall be selected from City's recommended native/protected trees and plants list. 2 (3) (4) (d) (1) 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. 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. 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 ofthe 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 ofthe 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. 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 obiectives: 1. Protect healthy 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 3. Discourage premature clear-cutting of property. 4. Maintain and enhance a positive image for the attraction of new developments to the City. (b) It shall be unlawful for any person to cause or permit the destruction of any native tree \vithin 15 feet of any street right of ':lay line or easement line abutting the required front yW'd or ':lithin ten f-eet of any street right of '.vay 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 survey 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, Le. 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 subject 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. 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/vlats - payment to the tree fund must be received by the City prior to the submission of the development site plan and/or [mal plat approval by the Planning and Zoning Commission. 2. Building permits not requirinf! site vlans/plats - 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 hislher 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 otherwise required or shall be periodically adiusted as the market value of replacement trees warrants. "Sections. 106-804 -106-830. Reserved." Section 4: 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 5: 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 6. 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 5 of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 7. The City Council officially fmds, 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 subject matter thereof has 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 8. 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