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HomeMy WebLinkAbout06-17-10 Regular Meeting and Workshop of the La Porte Planning and Zoning Commission Members Present: Members Absent: Citv Staff Present: Others Present: Planning and Zoning Commission Minutes of June 17, 2010 Hal Lawler, Dottie Kaminski, Paul Berner, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). Les Bird, and Lou Ann Martin (Alt 2). City Planner, Masood Malik; City Attorney, Clark Askins; and Planning Assistant; Shannon Green. 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. Motion by Paul Berner to approve the regular meeting minutes of March 24, 2010. Second by David Janda. The Motion carried. Ayes: Nays: Abstain: Hal Lawler, Dottie Kaminski, Paul Berner, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None 3. Consider Approval of the May 20, 2010, regular meeting minutes. Motion by David Janda to approve the regular meeting minutes of May 20, 2010. Second by Richard Warren. The Motion carried. Ayes: Nays: Abstain: Hal Lawler, Dottie Kaminski, Paul Berner, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None 4. Continue Workshop to discuss zoning ordinance amendment related to the use of shipping containers as accessory structures. Chairman Hal Lawler opened the workshop at 6:06 pm. City Planner Masood Malik presented staffs report. Proposed requirements are based on Planning Department staff's research and directions provided by the Commission during the May 20,2010 meeting. Proposed standards are as follow: · Zoning districts- General Commercial, Main Street District, and Industrial. · Location - rear yard and comply with all yard setbacks. · No larger than 200 square feet and no more than one container be allowed. · Overall lot coverage not to 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. All sidings to be covered with hardy plank, or other approved non-metal material. The doors may remain uncovered. · To be tied down to the ground for safety reasons. · Structure to be painted to blend with the primary building. · A building permit is applicable prior to installation. Planning and Zoning Commission Minutes of June 17, 2010 Page 2 of 3 · Within 30 days of the issuance of a building permit, it is to be enclosed within a building attached to the frame of the container to be tied down to the ground. · Maintenance 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. Staff presented a comparison with the neighboring cities regulations, i.e. Deer Park, Bay town , Pasadena, Seabrook, League City, and Texas City. 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. Chairman Hal Lawler asked if anyone in the audience wishes to speak. · Chuck Rosa of 812 S. Virginia, spoke in favor of the shipping containers in residential zone. · Rev. Haggerty of Jerusalem Church, located at 210 W Polk Street, requested to keep the storage container on the church property. Rev. Haggerty requested a zone change for his church to keep the storage container on church property. · Mike Jackson of 435 Baywood, Shoreacres, TX, has a business at 1300 W. Adams. Mr. Jackson explained that his business requires him to use containers. These containers are filled with equipment and are moved to job sites. His concern is that the containers are placed on his property between jobs. Mr. Jackson asked Commission to take in consideration a time line as to what is permanent. Commission agreed to take in to consideration. · Mr. & Mrs. Davis are currently working with the City staff. Mr. & Mrs. Davis recently purchased the Feed Store and are currently in process of covering a container located on the property. Mr. Davis explained to the Commission the container is a valuable part of their business. It's used to store hay and feed. The property is zoned Light industrial. · Councilman John Zemanek addressed the Commission. In Heavy Industrial you can do whatever you want with storage containers. In Light Industrial, with the current ordinance, no container is allowed what so ever. Residential, no containers what so ever. What I think staff and Council wants Planning and Zoning Commission to try is, in light industrial can they keep a container if they put a fa9ade on it. Commission discussed pre-existing & non-conforming container. If a building is grandfathered and is sold, can the new owner be considered pre-existing? Per the ordinance, the Planning Director has the authority to determine pre-existing & nonconforming status. Commission directed staff to come up with a map showing containers scattered all over the town specifically industrial zoning districts. As, they are leaning towards allowing storage containers in light industrial zoning districts. Commission also asked staff to look at the type of siding allowed. 5. Close Workshop Chairman Hal Lawler closed the workshop at 7:57 pm. Planning and Zoning Commission Minutes of June 17, 2010 Page 3 of 3 6. Administrative Reports City Council requested Planning and Zoning Commission to review the Main Street Sign Ordinance again. Commission formed a subcommittee to review the sign regulations for MSD/O and present facts of findings to the Commission for further action on the matter. H-GAC 2040 is moving forward with the Regional Transit Framework Study. The first meeting is June 29, 5:30-8:30 at Pasadena Convention Center. Commissioners are encouraged to attend. Medical Office building is under construction along Spencer Highway at Driftwood Drive. A developer is planning a restaurant at Spencer Highway and Underwood Road. The developer told staff either an Italian restaurant or Chick-Fil-A will be built. Site plan, for Ice vending machine to be located in the shopping strip at Fairmont and Broadway, is approved. 7. Commission Comments David Janda asked the Commission allow citizen to speak their mind and not argue with them. 8. Adjourn Motion by Paul Berner to adjourn. Second by Hal Lawler. Motion Carried. Ayes: Hal Lawler, Dottie Kaminski, Paul Berner, Doretta Finch, Richard Warren, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: Chairman Hal Lawler adjourned the meeting at 8:17pm. )i: Shannon Green Planning Assistant Approved on this 115" day of ~. ,2010. /ilJj (:"1,' .J .!J~U("i .X;;;rr~/I'.y;.l Dottie Kaminski v Vice Chairman, Planning and Zoning Commission Workshop Main Street Sign Ordinance Exhibits A. Staff Report B. Subcommittee's recommendations C. Main Street District Map Staff Report July 15, 2010 Main Street District/Overlay Sign Ordinance Background: The Planning and Zoning Commission, at their March 24, 2010, meeting, held a public hearing to receive citizen comments regarding on and off-premise signs in the Main Street District and Overlay. At the conclusion of the public hearing, the Planning and Zoning Commission forwarded the proposal to City Council for action. On April 26, 2010, City Council held a public hearing to consider the sign ordinance for the Main Street District and Overlay. The Council voted to table the public hearing and any action until their first meeting in June. Intent was to provide an opportunity for the business owners in the Main Street District/ Overlay to participate in the planning process. Subsequently, a town hall meeting was held on May 19, 2010, at the Old City Hall. Main Street business owners participated and voiced their concerns about possible changes to the sign ordinance related to on and off-premise signs within the Main Street District/Overlay. Most of those providing testimony wanted Council to consider all existing signs as conforming to the current ordinances as proposed regulations are too restrictive and inflexible particularly in area such as Main Street Historic District. At the June 14, 2010 City Council meeting, proposed regulations were sent back to the Planning and Zoning Commission for further review. Later, the Planning and Zoning Commission at their June 17,2010, meeting, established a subcommittee to review the sign ordinance for the Main Street District/Overlay. Analysis: Main Street Sign Subcommittee met regularly and recommended following provisions for on-premIses SIgns: a. All nonconforming signs listed at locations existing as ofthe effective date of this ordinance are considered legal, grandfathered, and may continue as such in accordance with the specifications, regulations, and conditions of this ordinance. b. These signs are exempted from the terms, conditions, and effects of Sections 106- 262 and 1 06-871 (e). i. Pre-existing signs may be repaired, maintained but may not be enlarged. ii. All signs shall be kept in a state of good repair. The sign frame shall be free of rust, painted if needed, and structurally sound. iii. Controlled Access Corridor signs shall be maintained as per provisions of Section 106-874 (3)(d)(e) and may follow distinctive character ofthe Main Street District upon a change of new business or theme of the new franchisee. Planning & Zoning Commission July 15,2010 Page 2 of2 c. The new 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.) d. A City permit shall be required prior to any new signage. e. All murals painted on the exterior surface of any building fa<;ade must first go through the permitting procedure. Murals must be visually appealing and enhance the historic downtown district. f. City approved sign design may be eligible for City participation under the Main Street Incentive Reimbursement Grant Funds." In addition, the subcommittee agreed with the staffs recommendation for off-premises signs within the right-of-way of Main Street. The purpose of these regulations is to promote the well-being of the community by establishing standards that assure the provision of signs adequate to meet essential communication needs while safeguarding the rights of the people in the community to a safe, financially viable and attractive environment. Generally, any sign legally existing as of the effective date of the zoning ordinance is considered legal, nonconforming and may continue as such in accordance with the conditions of this ordinance. Nonconforming signs shall be removed only when the Enforcement Officer utilizing appropriate sections and various provisions of the Code of Ordinances deem such sign as being dilapidated and constituting a definite health hazard to the public. Another tool to end nonconforming situation is Amortization, where the nonconforming structure must cease within the zoning district at the end of the structure's estimated useful economic life. Such signs shall have a time limit of 15 years. Per Section 106-266 of the Code of Ordinances, nonconforming use or structure shall be terminated at the end of an Extended Useful Life period, which is not less than five years, nor more than 20 years from the effective date of this ordinance. Though the City may seek to end nonconforming status through above referenced approaches, while business owners usually retain this status until it becomes economically undesirable. Action by the Commission 1. Discuss the issues 2. The Commission may elect to: ~ Direct staff to develop recommendations based on P&Z subcommittee input ~ Arrange a public hearing by next meeting or special called meeting ~ Make recommendations to City Council at the conclusion of a public hearing. Main Street Subcommittee's Recommendations Section 106-874 On-Premises Signs (5) MS Overlay a. Any nonconforming signs listed at the following locations existing as of the effective date of this ordinance are considered legal, grandfathered, and may continue as such in accordance with the specifications, regulations, and conditions of this ordinance: 1. 101 E. Main 2. 201 E. Main 3. 115 W. Main 4. 208 W. Main 5. 306 W. Main 6. 521 W. Main 7. 616 W. Main 8. 718 W. Main 9. 820 W. Main 10.105 Highway 146 S 11.11 7 Highway 146 S 12.120 Highway 146 N b. These signs are exempted from the terms, conditions, and effects of Sections 106-262 and 106-871 (e). 1. Pre-existing signs may be repaired, maintained but may not be enlarged. 11. All signs shall be kept in a state of good repair. The sign frame shall be free of rust, painted if needed, and structurally sound. 111. Controlled Access Corridor signs shall be maintained as per provisions of Section 106-874 (3)(d)(e) and may follow distinctive character of the Main Street District upon a change of new business or theme of the new franchisee. c. The new 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.) d. A City permit shall be required prior to any new signage. e. All murals painted on the exterior surface of any building fa9ade must first go through the permitting procedure. Murals must be visually appealing and enhance the historic downtown district. f. City approved sign design may be eligible for City participation under the Main Street Incentive Reimbursement Grant Funds." Section 106-875 Off-Premises Signs "(c) Off-premises signs within the right-of-way may be attached to the face of the building and project into 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 sign). 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 (1) sign per business allowed. 5. Completed Right-of-Way License Agreement with the City."