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HomeMy WebLinkAbout05-20-10 Regular Meeting and Workshop of the La Porte Planning and Zoning Commission Minutes of the Meeting March 24, 2010 Planning and Zoning Commission Minutes of March 24, 2010 Members Present: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). Members Absent: Paul Berner, Les Bird, and Lou Ann Martin (Alt 2). City Staff Present: Director of Planning, Tim Tietjens; City Planner, Masood Malik; City Attorney, Clark Askins; and Planning Coordinator, Peggy Lee Others Present: 1. Call to Order. Meeting called to order by Chairman Hal Lawler at 6:02 p.m. 2. Consider Approval of the February 18, 2010, regular meeting minutes. Motion by Dottie Kaminski to approve the regular meeting minutes of February 18, 2010. Second by Doretta Finch. The Motion carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: 3. Open public hearing to receive citizen input on Rezone Request #R10-001 for Fairmont Park East Subdivision to the east of Driftwood Drive as follows: Section 6: lots 1-35, Block 44; lots 1-22, Block 45; and lots 1-25, Block 46, & Residential-det. Section 7: lots 1-19, Block 40; lots 1-10, Block 41; lots 1-24, Block 42; and lots 1-15, Block 43, Section 8: lots 1-18, Block 36; lots 1-10, Block 37; lots 1-18, Block 38; and lots 1-10, Block 39. The City of la Porte seeks to have this property rezoned from High Density Residential (R-3) to low-Density Residential (R-1), to be consistent with the zoning designation of sections to the west of Driftwood Drive. Chairman Hal Lawler opened the public hearing at 6:03 pm. A. Staff Presentation Masood Malik, City Planner, presented staff's report. Two Hundred Eighty Eight public hearing notices were mailed to property owners within 200' of the subject property; Staff received eleven responses in favoring of the request. B. Proponents There were no Proponents. C. Opponents There were no Opponents. D. Proponents Rebuttal There were no Proponents. 4. Close public hearing. Chairman Hal Lawler closed the public hearing at 6:10 pm. Planning and Zoning Commission Minutes of March 24, 2010 Page 2 of 7 5. Consider recommendation to City Council regarding Rezone Request #R10-001. Motion by David Janda to approve rezone request #R10-001. Second by Doretta Finch. The Motion carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: 6. Open public hearing to receive citizen input on Rezone Request #R10-002 for Spencer Landing Subdivision as follows: Section 1: Lots 1-13, Block 1 and Lots 1-8, Block 2, pt. det. Res.A Section 2: Lots 1-15, Block 1 and Lots 1-9, Block 2, pt. det. Res.A Section 4: Lots 1-34, Block 1. The City of La Porte seeks to have the above referenced property rezoned from High Density Residential (R-3) to Low-Density Residential (R-1), to be consistent with the zoning designation of the rest of the sections. Chairman Hal Lawler opened the public hearing at 6: 11 pm. A. Staff Presentation Masood Malik, City Planner, presented staff's report. One Hundred Twenty Two public hearing notices were mailed to property owners within 200' of the subject property; Staff received five responses in favoring of the request. B. Proponents There were no Proponents. C. Opponents There were no Opponents. D. Proponents Rebuttal There were no Proponents. 7. Close public hearing Chairman Hal Lawler closed the public hearing at 6:15 pm. 8. Consider recommendation to City Council regarding Rezone Request #R10-002. Motion by David Janda to approve rezone request #R10-002. Second by Dottie Kaminski. The Motion carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: 9. Open public hearing to receive citizen input on Rezone Request #R10-003, for the property described as TRS 1, 2, 2A, 2B, 2C, 2E, 3, 4, 4A, and 230 located in the Richard Pearsall Survey, A-625, La Porte, Harris County, Texas. The City of La Porte is seeking this request for rezoning from Business Industrial (BI) and Heavy Industrial (HI) to Planned Unit Development (PUD). Chairman Hal Lawler opened the public hearing at 6:16 pm. A. Staff Presentation Masood Malik, City Planner, presented staff's report. Thirteen public hearing notices were mailed to property owners within 200' of the subject property; Staff received no responses. Planning and Zoning Commission Minutes of March 24, 2010 Page 3 of 7 B. Proponents There were no Proponents. C. Opponents There were no Opponents. D. Proponents Rebuttal There were no Proponents. 10. Close public hearing. Chairman Hal Lawler closed the public hearing at 6:22pm. 11. Consider recommendation to City Council regarding Rezone Request #R1 0-003. Motion by Dottie Kaminski to approve rezone request #R10-003. Second by Richard Warren. The Motion carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: 12. Open public hearing to receive citizen input on Rezone Request #R10-004, for property described as Lots 13-20 of Blocks 62-66 and Lots 17-20 of Block 67, Town of La Porte, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. The City of La Porte is seeking this request for rezoning from Low-Density Residential (R-1) to Medium Density Residential (R-2). Chairman Hal Lawler opened the public hearing at 6:25 pm. A. Staff Presentation Masood Malik, City Planner, presented staff's report. One hundred and five public hearing notices were mailed to property owners within 200' of the subject property; one opposed response was received. B. Proponents . Ed Sadberry of 331 N. 5th Street, and Richard Lambert, of Tomball, Tx., custom developers of homes built on smaller lots. Mr. Sad berry and Mr. Lambert requested favorable consideration of the zone change. They spoke of the need for this housing option in the Northside Neighborhood, as well as other neighborhoods in the city. C. Opponents . Paul Larson of 200 N 4th Street, likes the concept, doesn't like the parameter of the area requested for rezone. . Charlie Perry of 127 N. 4th Street, proposal does not appear to be consistent with Northside Neighborhood Plan goal to provide affordable housing. . Nettie Warren of 212 N 3rd Street, requested median income of residents in the area be considered with regard to value of houses being built. Does not favor rezone. D. Proponents Rebuttal . Ed Sad berry and Richard Lambert feel consensus is not opposed to product, but opposed to cost and seeing back of two-story home. Doesn't' want to take anything away from the area, wants to enhance the area. Mr. Lambert noted that as zoned now, a two-story house can be built. Multi-family homes are not being proposed. Home sale prices are market driven. 13. Close Public Hearing. Chairman Hal Lawler closed the public hearing at 7:10pm. Planning and Zoning Commission Minutes of March 24, 2010 Page 4 of 7 14. Consider recommendation to City Council regarding Rezone Request #R10-004. Motion by Dottie Kaminski to deny rezone request #R10-004. Second by Richard Warren. The Motion carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: 15. Open public hearing to receive citizen input on proposed amendments to Chapter 106 "Zoning" of the La Porte Code of Ordinances, pertaining to the requirements for on-premise signs in the Main Street District and Overlay and off-premise signs within the right-of-way of Main Street within the Main Street Overlay. Chairman Hal Lawler opened the public hearing at 7:17 pm. A. Staff Presentation Tim Tietjens, Planner Director, presented staff's report. Two hundred and Eighty Six public hearing notices were mailed to property owners within 200' of the subject property; Staff received one response favoring and 30 returned undeliverable. B. Proponents There were no Proponents. C. Opponents . Mark Follis of 831 S. y'h Street, and owner of 4 properties in district, cautions against creating new rules/restrictions. . Tom Stringer of 208 E Main, informed Commission, Barrets AlC. Mr Stringer noted that monument signs block drivers' vision when pulling out of a parking lot. Mr. Stringer opposes the change. . Paul Larson, asked Commission to reconsider pre-existing non-conforming terminology. D. Proponents Rebuttal There were no Proponents. 16. Close Public Hearing. Chairman Hal Lawler closed the public hearing at 7:45 pm. 17. Consider recommendation to City Council regarding proposed amendments to the Code of Ordinances pertaining to the requirements for on-premise signs in the Main Street District and off-premise signs within the right-of-way of Main Street within the Main Street Overlay. Motion by Dottie Kaminski to approve proposed amendments to the Code of Ordinances pertaining to the requirements for on-premise signs in the Main Street District and off-premise signs within the right-of-way, as presented by staff with the following correction: Section 106-875 (c)- Change from "off-premises free-standing signs within the right-of- way may be erected in the West Main Street portion of Main Street overlay" to "off premises signs within the right-of-way may be attached to the face of the building in the West Main Street portion of Main Street overlay." Second by Hal Lawler. The Motion carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Kirby Linscomb Jr., and David Janda (Alt 1). Richard Warren. None Nays: Abstain: Planning and Zoning Commission Minutes of March 24, 2010 Page 5 of 7 18. Open public hearing to receive citizen input on proposed amendments to Chapter 106 "Zoning" of the La Porte Code of Ordinances, pertaining to Section 106-333; Table B., Residential Area Requirements, Lot Coverage for single-family detached dwellings. Chairman Hal Lawler opened the public hearing at 7:56 pm. A. Staff Presentation Masood Malik, City Planner, presented staff's report. B. Proponents . James Larson, Deer Park, with Lakes of Fairmont Greens, favors the proposed changes. C. Opponents There were no Opponents. D. Proponents Rebuttal There were no Proponents. 19. Close public hearing. Chairman Hal Lawler closed the public hearing at 8:05 pm. 20. Consider recommendation to City Council regarding proposed amendments to the Code of Ordinances pertaining to Section 106-333; Table B, Residential Area Requirements, Lot Coverage for single-family detached dwellings. Motion by Richard Warren to approve amendments to Chapter 106 "Zoning" of the La Porte Code of Ordinances, pertaining to Section 106-333; Table S., Residential Area Requirements, Lot Coverage for single-family detached dwellings by changing the maximum lot coverage for single family detached in Planned Unit Development (PUD) zoning district and other residential subdivisions with designated detention/drainage systems to 50%. Second by Dottie Kaminski. The Motion carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: 21. Open public hearing to receive citizen input on proposed amendments to Chapter 106 "Zoning" of the La Porte Code of Ordinances, pertaining to Landscaping, Tree reservation, Tree Replacement, and Tree Fund. Chairman Hal Lawler opened the public hearing at 8:05 pm. A. Staff Presentation Masood Malik, City Planner, presented staff's report. B. Proponents There were no Proponents. C. Opponents There were no Opponents. D. Proponents Rebuttal There were no Proponents. 22. Close public hearing. Chairman Hal Lawler closed the public hearing at 8:09 pm Planning and Zoning Commission Minutes of March 24, 2010 Page 6 of 7 23. Consider recommendation to City Council regarding proposed amendments to the Code of Ordinances pertaining to Landscaping, Tree Preservation, Tree Replacement, and Tree Fund. Motion by Dottie Kaminski to approve proposed amendments to the Code of Ordinances pertaining to Landscaping, Tree Preservation, Tree Replacement, and Tree Fund as follows: Landscapina . 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. . Trees shall be planted in a boulevard type manner on center and uniform distance from the curb or pavement. . 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. Tree Preservation . Overall developed site area shall be discouraged to discourage premature clear- cutting of the property. Tree Replacement . In addition to the existing provisions, 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, the applicant shall be required to replace tree(s) being removed with replacement trees. Tree Fund . Established as an optional means of mitigating tree loss or conflict with regard to site development. Second by David Janda. Motion Carried. Nays: Abstain: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (A It 1). None None Ayes: 24. Administrative Reports . Five Points Plaza grand opening is March 25, 2010. . Census Day is April 1 , 2010. 25. Commission Comments . David Janda asked staff to look into road signs he has seen that read "approved access road" at several locations. 26. Adjourn Motion by Dottie Kaminski to adjourn. Second by Richard Warren. Motion Carried. Ayes: Hal Lawler, Dottie Kaminski, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: Planning and Zoning Commission Minutes of March 24, 2010 Page 7 of 7 Chairman Hal Lawler adjourned the meeting at 8: 15pm. Approved on this /7 day of (\ uU ~c~Q ~Q'\"~~ \1 ;"-- Hal Lawler Chairman, Planning and Zoning Commission , 2010. Minutes of the Meeting May 20, 2010 Planning and Zoning Commission Minutes of May 20, 2010 Members Present: Hal Lawler, Dottie Kaminski, Paul Berner, Les Bird, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (A It 1). Members Absent: Lou Ann Martin (Alt 2). City Staff Present: Director of Planning, Tim Tietjens; City Planner, Masood Malik; City Attorney, Knox Askins; and Planning Assistant; Shannon Green. Others Present: 1. Call to Order. Meeting called to order by Chairman Hal Lawler at 6:02 p.m. 2. Consider Approval of the March 24, 2010, regular meeting minutes. Paul Berner advised there should be a correction to the March 24, 2010, meeting minutes. Commission suggested staff bring March 24, 2010, corrected meeting minutes to next the meeting for consideration. 3. Open Workshop to discuss zoning ordinance amendment related to the use of shipping container as an accessory structure. Chairman Hal Lawler opened the workshop at 6:07 pm. City Planner Masood Malik presented staff's report. Currently Shipping Containers are allowed to be used as "Temporary Material Storage "facilities on construction sites in all zoning districts except residential. In addition, commercial construction allowed in residential zoning districts (i.e. church, public/private schools, daycare, recreational buildings and community centers etc.) may use shipping containers as temporary material storage facilities. A Certificate of Occupancy is NOT issued until shipping container is removed from the site. Staff recommended the following proposed provisions: Shipping Container may be used as an accessory building . In all zoning districts . Maximum height - One Container . Roof and siding installed - siding to the structure wall (minimum 4' high) . Doors may remain uncovered . Painted to blend with primary structure - % wall may be painted in an accent color In addition: . Building permit shall be applicable . Owner shall be responsible for its maintenance . Violation shall require compliance or removal of storage container from the site. Planning Director, Tim Tietjens explained residents are currently allowed shipping containers for storage use if contained within a building. We currently have several in the city. Commission recommended staff bring the matter back for another workshop with the following considerations: . Allow in Large Lot Zoning District . Structure to have standards . Siding all sides with pitched roof . Tie downs required . 1 unit per lot Planning and Zoning Commission Minutes of May 20, 2010 Page 2 of 2 . Appropriate time to put skin on container . No residential zones 4. Close Workshop. Chairman Hal Lawler closed the workshop at 7:48 pm. 5. Administrative Reports Mr. Malik reported that the construction of Sylvan Beach Pier has begun. 6. Commission Comments 7. Adjourn Motion by Paul Berner to adjourn. Second by Les Bird. Motion Carried. Ayes: Hal Lawler, Dottie Kaminski, Paul Berner, Les Bird, Doretta Finch, Richard Warren, Kirby Linscomb Jr. None None Nays: Abstain: Chairman Hal Lawler adjourned the meeting at 7:51 pm. ~ S annon Green Planning Assistant Approved on this 11 day of ~ ,2010. .:J1t\.. ~ ct~~\.'\~ tl,- / Hal Lawler Chairman, Planning and Zoning Commission Workshop Shipping Container as an Accessory Building/Structure Staff Report June 17, 2010 Shipping Container as Accessory Building/Structure Workshop(Contd.) During the May 20,2010, Planning and Zoning Commission workshop meeting, staff gave a presentation on the existing provisions of shipping container usage. Currently, shipping containers are allowed only in Heavy Industrial (HI) zoning district. The purpose of the extended workshop is to discuss specifications and if shipping containers would be allowed to be used as an accessory building/structure with a cover/shell around it. Overall discussion is regarding proposed requirements, aesthetic considerations and zoning districts appropriate for its use as an accessory building. Earlier, the Commission's intent was to maintain strict compliance of the existing provisions but would like to pursue the options when mitigation for aesthetic issues and proper enforcement are in place. The Commission directed staff to return with another workshop and develop proposed standards/specifications for non-residential zoning districts. Following proposed requirements are based on Planning Dept. staffs research and directions provided by the Commission during the May 20,2010 meeting. . It shall be permitted in General Commercial, Main Street District, and Industrial Zoning Districts. . It shall not be located in any yard except rear yard. . It shall comply with all yard setbacks. . No larger than 200 square feet and no more than one container may be located at site. . Overall lot coverage shall not exceed beyond specified per General Commercial, Main Street, and Industrial area requirements. . Maximum height is 8' (one container high). · A pitched roof (preferably 6/12 pitch) and asphalt shingles or other material approved by the Planning Director, shall be required. All sidings to be covered with hardy plank, or other approved non-metal material. The doors may remain uncovered. . It shall be tied down to the ground for safety reasons. · Structure shall be painted to blend with the primary building. · A building permit shall be applicable prior to installation. · Within 30 days ofthe issuance of a building permit, shipping container shall be enclosed within a building and other components shall be attached to the frame of the container to be tied down to the ground. · Maintenance shall be required and is the sole responsibility of the owner. · Failure to comply with the permit conditions shall require compliance with the stated conditions or removal of the container from the property at the owner's expense. Planning & Zoning Commission Shipping Containers Page 2 of2 Neighboring Cities Regulations (Comparison) Baytown shipping containers are allowed only in industrial district located along 1-10. Other scattered containers around town are considered to be pre-existing and nonconforming and upon action could be removed at the owner's expense. Seabrook shipping containers may be converted into accessory structures or even primary ones, if these containers meet elevation and building code requirements of the City. Final product must meet the City's materials requirement. The City does not allow metal-sided structures outside of the Industrial zone and there is a limit on the accumulation of the number of containers. Deer Park shipping containers are only allowed in industrial zoning district along SH 225. Shipping containers cannot be used as an accessory building except for temporary storage material facilities during construction. Pasadena shipping containers are allowed only in outer City rings near SH 225 and Red Bluff Road with a minimum area of 25 acres. Shipping containers are currently allowed to be used as an accessory building or structure in any other parts of the City subject to wind load requirements, but they are updating the standards which are recommended to prohibit such placement. League City shipping containers are prohibited being used as accessory buildings/structures. Shipping containers are allowed as temporary structures for the purpose of storage of equipment, supplies, merchandise, or similar materials and are permitted only on a lot or parcel during construction undertaken pursuant to a valid building permit. Upon completion or abandonment of construction or expiration of the building permit, shipping/storage containers shall be removed at the owner's expense. Texas City metal shipping containers are allowed as accessory buildings; but only in industrial zoning districts. Conclusion: Staff suggests that the Planning and Zoning Commission forward their official position for action by City Council on possible amendments to the Code of Ordinances. Action by the Commission 1. Discuss the issues 2. The Commission may elect to: ~ Direct staff to develop recommendations based on P&Z input ~ Arrange a public hearing by next meeting ~ Make recommendations to City Council at the conclusion of a public hearing.