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HomeMy WebLinkAbout08-19-10 Regular Meeting, Public Hearing and Workshop Meeting of La Porte Planning and Zoning Commission STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( Planning and Zoning Commission Agenda Notice is hereby given of a Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission to be held on September 16, 2010, at 6:00 P.M. at City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below: 1. Call to order 2. Consider approval of August 19, 2010, regular meeting minutes. 3. Open public hearing to receive public input for proposed Zoning Ordinance amendments, pertaining to the use of shipping containers as accessory structures in Large Lot residential (LL), General Commercial (GC), Business Industrial (BI), and Light Industrial (L1) zoning districts. A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal 4. Close public hearing. 5. Consider recommendation to City Council regarding proposed Zoning Ordinance amendments related to the use of shipping containers as accessory structures. 6. Administrative Reports 7. Commission Comments A. Matters appearing on agenda B. Inquiry of staff requiring a statement of specific factual information or a recitation of existing policy 8. Adjourn A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to this meeting. Please contact the City Secretary's office at 281-471- 5020 or TDD line 281-471-5030,for further information. ~~~~110~~ 6rI City Secretary q I q. "';>Olu Date Posted Out of consideration for all attendees oftbe meeting,'please turn off aIlcellpbones and pa2ers, or place on inaud~l;lIe signal.. TbliUlkyou for your consideration... .' . Minutes of the Meeting will be provided prior to the meeting Planning and Zoning Commission Minutes of August 19,2010 Members Present: Hal Lawler, Les Bird, Dottie Kaminski, Paul Berner, Doretta Finch, Kirby Linscomb Jr., and David Janda (Alt 1). Members Absent: Richard Warren and Lou Ann Martin (Alt 2). City Staff Present: Planning Director, Tim Tietjens; City Planner, Masood Malik; City Attorney, Clark Askins; and Planning Assistant; Shannon Green. Others Present: 1. Call to Order. Meeting called to order by Chairman Hal Lawler at 6:02 p.m. 2. Consider Approval of the July 15, 2010, regular meeting minutes. Motion by Paul Berner to approve the regular meeting minutes of July 15, 2010. Second by Doretta Finch. The Motion carried. Ayes: Hal Lawler, L-es Bird, Dottie Kaminski, Paul Berner, Doretta Finch, Kirby Linscomb Jr., and David Janda (Alt 1). None None Nays: Abstain: 3. Open public hearing to receive public input on an amendment to the 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. A. City Planner, Masood Malik gave staff's report. Planning and Zoning Commission at the July 15, 2010, meeting, held a joint workshop with the Main Street Sign Subcommittee to review the proposal. The highlights of the proposed amendments are as follow: All nonconforming signs listed at 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. · These signs are exempted from the terms, conditions, and effects of Sections 106-262. · Pre-existing signs may be repaired and/or maintained, but may not be enlarged. · Controlled Access Corridor signs shall be maintained as per provisions of Section 106-874 (3) (a) (b) (d) & (e). New signs 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. City approved sign design may be eligible for City participation under the "Main Street Incentive Reimbursement Grant Fund." In addition, proposed regulations for off-premises (projection/awning) signs within the right- of-way of Main Street are delineated in Section 106-875 of the Code of Ordinances. Notice of public hearing was mailed to businesses and all property owners within 200' of the Main Street District. Planning and Zoning Commission Minutes of August 19, 2010 Page 2 of 3 B. Proponents Chairman Hal Lawler opened the floor for comments from the audience. 1. Vickie Campise, of 1902 Roscoe Street voiced her concern with signs not grandfathered if vacant. Vickie Campise asked the Commission to consider if a sign is vacant would it be permissible to the grandfather clause. C. Opponents 1. Paul Larson, of 200 N. 4th Street provided pictures of various signs on Main Street. Mr. Larson does not agree with the need to grandfather signs through the said approaches, as business owners usually retain this until it becomes economically undesirable. D. Proponents Rebuttal 1. Chuck Rosa, of 812 S. Virginia Street was opposed the ordinance and feels restricting the use of signs is restricting business. 2. Jerry Carpenter, of 606 Main Street asked the Commission if there are restrictions on portable signs. 3. Jane Rosa, of 812 S. Virginia Street voiced concern with the restrictions of signs and its overall impact on the businesses along Main Street. 4. Close public hearing Chairman Hal Lawler closed the public hearing at 6:58 pm. 5. Consider recommendation to City Council regarding sign regulations for the Main Street District/Overlay. Motion by David Janda to recommend the sign regulations for the Main Street District/Overlay to City Council and include the following: 1. Include a findings and facts clause. 2. Include word "rebuilt" for item number "b.i.". Second by Paul Berner. The Motion carried. Nays: Abstain: Hal Lawler, Dottie Kaminski, Paul Berner, Doretta Finch, Kirby Linscomb Jr., and David Janda (Alt 1). None Les Bird Ayes: David Janda asked Staff bring back report in six months on non conforming signs 6. Open Workshop to discuss proposed Zoning Ordinance amendments related to the use of shipping containers as accessory structures. Chairman Hal Lawler opened the workshop at 7:10 pm. City Planner, Masood Malik gave staff's report. During the May 20 and June 17, 2010, Planning and Zoning Commission workshop meetings, staff gave a presentation on the existing provisions of shipping container usage. 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. The Commission directed staff to return with another workshop, develop proposed standards/specifications for non-residential zoning districts and generate a map showing location of shipping containers specifically in the Light Industrial (L1) zoning districts. Common types of shipping container usage are as follows: a. Cargo/Shipping Container Yards b. Accessory building/structures c. Mobile tools/equipment supply Planning and Zoning Commission Minutes of August 19, 2010 Page 3 of 3 A container yard is permitted use in Heavy Industrial (HI) Zoning District. The issue here is how to regulate shipping containers used as a permanent accessory building/ structure. Currently shipping containers are being used as an accessory structure in Large Lot Residential, GC, BI, & LI Zoning districts. In addition, staff presented proposed standards/specifications for shipping containers as an accessory structure. Shipping Containers are also being used as temporary storage or mobile supply for construction equipment. In this case, there is an issue of aesthetics which may be addressed by screening mechanisms. 7. Close Workshop Chairman Hal Lawler closed the workshop at 7:53 pm. 8. Administrative Reports There was no report. 9. Commission Comments October 7 ~8, 2010 APA Convention in San Antonio. 10. Adjourn Motion by Paul Berner to adjourn the meeting. Second by Doretta Finch. The Motion carried. Ayes: Nays: Abstain: Hal Lawler, Les Bird, Dottie Kaminski, Paul Berner, Doretta Finch, Kirby Linscomb Jr., ~nd David Janda (Alt 1). None None ~ Shannon Green Planning Assistant n Approved on this X day of J1f f~ 2010. ~~ Hal Lawler Chairman, Planning and Zoning Commission Shipping Containers as Accessory Structures Exhibits A. Staff Report B. Draft Ordinance Staff Report September 16,2010 Shipping Containers as an Accessory Structure Background: The use of shipping containers as accessory storage structures has prompted aesthetic concerns in the City. The Planning and Zoning Commission and City Council have chosen to prohibit their use except in industrial zoning districts. Staff has received several requests for the use of shipping containers when modified to blend with the primary structure or with a cover/shell around it. This issue was discussed at the City Council retreat earlier this year. City Council directed staff to develop standards/specifications for the conversion of shipping containers to accessory structures when they meet elevation and building code requirements and review with the Planning and Zoning Commission. Existing provisions of shipping containers usage was presented during a workshop meeting with the Planning and Zoning Commission. The Commission discussed proposed requirements, aesthetic considerations and zoning districts appropriate for its use as an accessory structure. Analysis: Definition: Shipping Containers mean sealable shipping containers, designedfor intermodal transportation, either with or without a permanent affixed chassis, used in intrastate, interstate and international commerce for the shipment of goods and merchandise. (Section 106-1) Classifications: Existing Usage Currently, shipping containers are being used as follows: . Shipping container storage yard is a permitted use in Heavy Industrial (HI) zoning districts. Shipping/Cargo containers stacking and other development regulations are described in the Code of Ordinances. . Shipping containers, on the chassis in transition for loading/unloading, are allowed in the Light Industrial (Ll) zoning districts abutting truck routes. . Shipping containers are allowed to be used as a temporary material storage facility on construction sites in all zoning districts except R-I, R-2, & R-3. . Shipping containers are allowed to be used as a temporary material storage facility for commercial construction allowed in residential zoning districts, i.e. church, public/private schools, daycare, recreational buildings & community centers etc. However, a certificate of occupancy is not issued until the shipping container is removed from the site. Note: The aforementioned scenarios are not a part of discussion. EXHIBIT A Planning & Zoning Commission Shipping Containers Page 2 of3 Proposed Usage The following is being proposed: . Shipping containers as an accessory structure attached or detached. . Shipping containers as mobile tools/equipment supply. a. Shipping Containers as an Accessory Structure - Shipping container if on foundation or not is considered a structure and would require a building permit. Shipping containers can be placed within a building and currently these are being used as an accessory building/structure in the City's Large Lot Residential, General Commercial, Business & Light Industrial zoning districts. The issue here is how to regulate shipping containers used as a permanent accessory building or on-site storage. . Attached accessory buildings/structures shall conform to the regulations applicable to the primary building to which they are attached. Attached buildings are defined as any building sharing a common roof with primary structure, or structurally attached to any wall of the primary structure. . Detached accessory buildings/structures shall be subject to the front, rear & side yard setbacks, distance from other structures, and easements etc. Accessory buildings must comply with the construction requirements, i.e. roofs, foundation, exterior walls, building height, size limitations, number of buildings etc. Proposed standards and specifications for shipping containers as an accessory structure are as follows: 1. It shall comply with all yard setbacks. 2. No larger than 350 square feet and no more than one container may be located at site. 3. Overall lot coverage shall not exceed those applicable to the subject zoning districts. 4. Containers shall not be stacked. 5. Structure must have a minimum 3/12 pitched composition shingled roof or other material approved by the Director. 6. All sidings shall be covered with hardy plank, or other material approved by the Director. The doors may remain uncovered. 7. The building may be placed on the ground without a foundation provided that building is anchored to the ground. This must be done to resist wind loads. 8. Structure shall be architecturally and aesthetically complimentary with the primary building. 9. A building permit shall be applicable prior to installation. 10. Within 30 days of the issuance of a building permit, shipping container shall be enclosed within a building or required components shall be attached to the frame ofthe container. 11. Maintenance of all items required herein is the sole responsibility of the owner. 12. Failure to comply with these provisions will cause removal of the container from the property at the owner's expense. Planning & Zoning Commission Shipping Containers Page 2 of3 b. Shipping Containers as mobile tools/equipment supply - The most common allowance for shipping containers as storage is when these are used as temporary storage or mobile supply for construction equipment. Containers, that are used by a contractor for storage of construction materials on site and which remain on the contractor's office/facility after completion of activity and/or maintenance or repair purposes, are not required to obtain a building permit. These short-term accessory use equipment storage containers are more commonly located in industrial or commercial zoning districts than in residential areas. Therefore, in this case the issue is one of aesthetics, which may be addressed by screening requirements as to screen these units from public view and from the right-of-way in compliance with Section l06-444(a) (b) of the Code of Ordinances. 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: . Recommend to Council, approval of the above amendments pertaining to the shipping containers as an accessory structure. . 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 2, ACCESSORY BUILDINGS, USES, AND EQUIPMENT, SECTION 106-751, " SHIPPING CONTAINERS", 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 I, In General, Section 106-1, Definitions, is hereby amended to add the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Shipping container means sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, may be used in intrastate, interstate and international commerce for the shipment of goods, aHd merchandise, and storage VUrTJoses." Section 2: That Chapter 1 06, "Zoning," Article V. Supplementary District Regulations, Division 2, "Accessory Buildings, Uses, and Equipment", Section 106-751, Shipping Containers", of the Code of Ordinances, La Porte, Texas, is hereby amended as follows: Sec. 106-751. Shipping containers. a. Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-l, R-2, and R-3). (Ord. No. 1501-II, S 7, 3-27-00) In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be issued until shipping container is removed from the site.) EXHIBIT 8 b. Shipping containers may be used as an accessory structure in LL. GC, BI & LI zoning districts. Accessory building/structure shall be subject to the following provisions and for complying with all applicable permit conditions: 1. It shall complv with all vard setbacks. 2. No larger than 350 square feet and no more than one container may be located at site. 3. Overall lot coverage shall not exceed those applicable to the subiect zoning districts. 4. Containers shall not be stacked. 5. Structure must have a minimum 3/12 pitched composition shingled roof or other material approved by the Director. 6. All sidings shall be covered with hardy plank. or other material approved by the Director. The doors may remain uncovered 7. The building may be placed on the ground without a foundation provided that building is anchored to the ground per standard building codes. 8. Structure shall be architecturally and aesthetically complimentary with the primary building. 9. A building permit shall be applicable prior to installation. 10. Within 30 days of the issuance of a building permit. shipping container shall be enclosed within a building or required components shall be attached to the frame of the container. 11. Maintenance of all items required herein is the sole responsibility of the owner. 12. Failure to comply with these provisions will cause removal of the container from the property at the owner's expense. c. Shipping container as mobile supply tool/material supply storage - owners of such containers used as mobile tool/material suvply storage are allowed to stage a maximum of up to two units at their operating business location provided that the units are screened from public view and from right-or-way subject to requirements per Section 106-444 fa) (b) of the City's Code of Ordinances. 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 2 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 once 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. day of ,2010. PASSED AND APPROVED this the CITY OF LA PORTE By: Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 3