HomeMy WebLinkAboutO-2005-1501-OOOO Tabled
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ORDINANCE NO. 1501-~
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, SECTION 106-521 TABLE A, INDUSTRIAL USES, FOOTNOTES, AND SECTION 106-522,
TABLE B, INDUSTRIAL AREA REQUIREMENTS TO AMEND, CHANGE OR MODIFY TO PERMIT
TRUCK STOPS IN A BUSINESS INDUSTRIAL ZONING DISTRICTS OF THE CITY OF LA PORTE;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 21st day of April, 2005, at 6:00 p.m. a Public Hearing was
held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to
due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes,
"Section 3. On April 21, 200~, the Planning and Zoning Commission of the City of La
Porte met in regular session to consider changes in classification, which were the subject of
such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on
the 25th day of April, 2005, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
ORDINANCE NO. 1501- j
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hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 23rd day of May, 2005, at 6:00 p.m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes.
"Section 6. By an affirmative vote of at least three-fourths of the City Council of the
City of La Porte hereby rejects the recommendation of the City of La Porte Planning and Zoning
Commission, and approves amendment to the zoning regulations regarding truck stops.
"Section 7. There is attached to this Ordinance as Exhibit "F" amended Section 106-
521, Table A, Industrial Uses, footnotes, and Section 1 06-522, Table B, Industrial Area
Requirements, incorporated by reference herein and made a part hereof for all purposes.
"Section 8. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are
desirable and in furtherance of the goals and objectives stated in the City of La Porte's
Comprehensive Plan.
"Section 8. The City Council official finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was 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 the Open Meetings Law, Chapter 551, Texas
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,
ORDINANCE NO. 1501- at:De
Page 3
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considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this th~ day rlf-1YI,m05.
CITY OF LA PORTE
By:
ALTON PORTER, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Mav 23. 2005
Source of Funds: NA
Requested By: Wayne J. Sabo
Account Number: NA
Department:
Plannine:
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
P&Z Staff Report
Ordinance 1501-
Amended Industrial Tables
Petition by the Civic Club
SUMMARY
City Council directed the Planning and Zoning Commission to consider proposed amendments to
the Zoning Ordinance (Chapter 106), Section 106-521; Table A., Industrial Uses to amend,
change or modify conditions to allow truck stops in the Business Industrial (BI) zone. Staff
assessed existing development conditions and future development strategies relating to the
development of truck stops in a Business Industrial zoning districts, After a workshop, public
hearing and finally at the April 21, 2005, meeting, the Planning and Zoning Commission
forwarded their official position for action by City Council that proposed changes to the
ordinance be denied,
Section 106-441, Table A, Commercial Uses classifies truck stop as follows:
Uses CR NC
GC
Service stations (554)
*
p
Service stations, excluding truck stops
(554)
c
*
p
Standard Industrial Classification Manual (SIC) Code#5541 describes variety of uses for retail
activities such as Automobile Service Stations, Filling Stations-gasoline, Gasoline and Oil,
Marine Service Stations, Service Stations-gasoline, and Truck Stops, Zoning Ordinance
interprets the above category as permitted use excluding "truck stops" thereby considering truck
stops to be an unlisted use, Unlisted uses, similar to use mentioned above, are classified as
Conditional Uses in commercial and industrial zoning districts as well,
Planning and Zoning Commission directed staff to define truck stop and furnish distinct
differences between truck stop and convenience store, Staff researched this item, checked with
the surrounding cities and added definitions of truck stop and convenience store to the proposed
ordinance as follows:
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Truck stop is an establishment where trucks may be parked overnight and truckers are provided
with all the facilities and amenities related to trucking operations. These facilities have at least
10-12 diesel dispensers with a canopy height of at least 20'. Other provisions require truck stops
to be located along major truck routes to have easy access to major highways. Convenience store
or service station is a facility which sells a limited variety of food, other grocery items, snacks,
gasoline along with diesel, automotive accessories and other convenience items,
Per section 106-521, Table A, Industrial Uses, there are variety of activities related to trucking
operations or requiring large trucks for business. purposes but truck stops are not mentioned, As
mentioned earlier, truck stop development requires a Special Conditional Use Permit (SCUP)
from the City,
Given the economic challenges to development posed by in-fill lots and to increase sales tax
from commercial retail establishments, staff suggested that truck stops should be permitted in the
Business Industrial (BI) zoning districts along major truck routes, To further protect residential
areas, staff recommended only Barbour's Cut Boulevard and State Highway 146 North, In
addition, truck stops would adhere to the minimum setbacks established for this zone with heavy
landscaping, screening, and no overnight facilities allowed on the premises if adjacent to
residential districts,
Planning and Zoning Commission held a public' hearing, during a regular meeting on April 21,
2005, to consider the above amendments. After a careful consideration forwarded their official
position for action by Council to deny the recommended changes to Chapter 106 (Zoning), The
Commission wished to express that it is very concerned about protecting the residential areas
such as south of Barbour's Cut Boulevard and preserve the quality of life issues by examining
issues like air pollution, excessive noise, light, and devaluation of residential property,
This item requires a public hearing and a super majority (7 votes) of the governing body to
approve an ordinance change recommendedfor denial by P&z.
Action Reauired bv Council:
1. Conduct a Public Hearing
2, Approve or deny an ordinance amending Chapter 106 (Zoning) to amend, change or
modify conditions to allow truck stops in a Business Industrial (BI) zone.
ADDroved for City Council Ae:enda
, sj; tI lIP d.:
Date. (
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Staff Report
April 21, 2005
Truck Stops
Zoning Ordina'nce Amendment
Background:
As directed by City Council, staff assessed existing development conditions and future
development strategies relating to the development of truck stops in a Business Industrial
(HI) zone, Staff seek advise from the Commission and asked for their input to the subject
matter, Staff researched and presented this item to the Planning and Zoning Commission
for their discussion and consideration, Proposed amendments to the Zoning Ordinance,
Chapter 106, Section 106-521; Table A, Industrial Uses, to amend, change or modify
conditions to allow truck stops in a Business Industrial (BI) zone, are as follows:
Definitions of Truck Stop:
· A commercial/industrial use of property on one site for the refueling, maintenance
and/or servicing of large over the road vehicles carrying large loads and which
may have service activities for such vehicles and their drivers including but not
limited to dispensing of motor fuels and petroleum products directly into motor .
vehicles, restaurants or cafes, overnight accommodation, shower or laundry
facilities, truck service and overnight truck parking, truck scales, and parking area
in association with the above services. (Definition is added to Section 106-1)
Definition of Convenience Store:
· A small retail store that is open long hours and that typically sells staple groceries,
snacks, and sometimes gasoline & diesel. (DefInition is added to Section 106-1)
Difference between Truck Stop & Convenience Store:
The difference between truck stop and convenience store/service station is quite
clear from the above defInitions, Truck: stop is an establishment where trucks may
be parked overnight and truckers are provided with all the facilities and amenities
related to trucking operations. Truck stops usually have 10 to 12 diesel dispensers
with a canopy approximately 20' high. The Zoning Codes require truck stops to be
located along major truck routes to facilitate entrance and exit to major highways or
freeways,
On the other hand, a convenience store and/or service station is a place which
sells a limited variety of food and other grocery items, snacks, gasoline along with
diesel, and automotive accessories, or other convenience items.
Planning & Zoning comm.n
Truck stops
Zoning Ordinance Amendment
Page 2 of4
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Existinl! Requirements:
Zoning - Under Section 106-441, Table A, Commercial Uses, truck stops
are not permitted in commercial zoning districts, The interpretation of the
classification is that service stations (SIC Code#554) are permitted uses,
i.e, automobile service stations, filling stations, gasoline but excluding
truck stops. Under Section 106-521, Table A, Industrial Uses, there are a
variety of activities relating to trucking operations or requiring large trucks
for business purposes (Le, general contractors, heavy construction,
highway transportation terminal and service facilities, etc.) Truck stops,
however, specifically are not mentioned and considered to be an unlisted
use as per Code of Ordinances, An unlisted use, such as truck stops
require a Special Conditional Use Permit (SCUP) from the City,
Building Setbacks - Section 106-522, Table B, Industrial area
requirements stipulates predominantly 50' front, 40' rear, and 30' sides
setback for Business Industrial zoning districts, In addition, when BI
zoning districts are adjacent to residential zoning districts, same setbacks
are applicable to the sites and no construction of any building or structure
is permitted within the said setback areas,
Landscaping I Screening - For the facilities having parking areas adjacent
to residential zones and abutting public rights-of-way, screening is required,
A planting strip of four feet wide with evergreen plants that are minimum
height of four feet and within two years grow up to six feet in height is
required, In addition, landscape plans with trees, shrubs, and ground cover,
are required to be submitted and approved by the enforcement officer.
Recommended Requirements:
Zoning - Truck stops should be permitted in the Business Industrial (BI)
zoning district subject to restrictive measures such as the limitation of
smoke, dust, odor, lighting and glare and strictly along an
approved/established truck routes, Currently, there are vacant parcels of
land within Business Industrial (BI) zoning districts along Barbour's Cut
Boulevard and State Highway 146 North.
Building Setbacks - Truck stops should adhere to the minimum building
setbacks already established for the BI zone as Front 50', Rear 40', and
Sides 30', When adjacent to residential zones, same setbacks shall be
applicable to the sites with no construction of any building or structure
being permitted within the said setback areas.
Planning & Zoning comm.n
Truck stops
Zoning Ordinance Amendment
Page 3 of4
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Landscaping I Screening - Truck stops development, specifically truck
parking, should be screened from the view of adjacent residential districts.
Staff suggests a minimum landscape setback of 20 feet adjacent to
residential areas. Landscaping and screening could be achieved as
currently stated in the zoning ordinance. However, a more effective
technique needs to be employed that actually achieves this objective, This
could be accomplished in a number offollowing different ways:
· The property owner could leave in place existing trees, vegetation,
underbrush, etc, to provide a thorough and effective visual
screening,
· The property owner could use earthern berms with a combination
of trees, shrubs, and groundcover that after three years growth will
be at least 10-15 feet in height and creates a continuous visual
screen,
It is recommended that this particular provision of the ordinance may add
a minor change to the footnotes, In the case of a property adjacent to
residential zoning districts, screening and other performance standards
shall be applicable for this particular use, Along with the screening
requirement, a minimum percentage of landscaping along front and sides
should be stipulated as per ordinances. A 15% of landscaping/screening is
recommended in addition to the current requirements for the development
of a truck stop in the Business Industrial zoning districts adjacent to
residential areas. The required screening would count toward the
minimum landscaping requirement. The landscape buffer is also
recommended for this particular activity,
Performance Standards - Truck stops should meet the following
minimum performance standards and be in compliance with the
appropriate federal, state and local regulations:
. Lighting and glare
· Radiation and electrical emission
. Smoke
. Dust
. Odor
. Explosives
. Noise
In addition, truck stops when adjacent to residential areas, shall only
operate during the hours of 6:00 a,m, to 9:00 p.m. and no overnight
facilities will be allowed on th.e premises,
Planning & Zoning comm.n
Truck stops
Zoning Ordinance Amendment
Page 4 of 4
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Conclusions:
City Council intends to provide the best services to'its citizens and visitors
to La Porte, Future devel.opment of the community depends on
maintaining and enhancing the local economy, Truck trafficking is an
existing commodity due to the Port of Houston 's Barbour's Cut Terminal.
In addition, Barbour's Cut Boulevard is an established major truck route,
which provides services to these travelers, Council has set priorities with
the economic development as one of the highest on the list. The goal is to
foster the growth and retention of business activities through a healthy
local economy, which can provide employment opportunities and a strong
tax base to the City,
Recommendations:
The above stated recommendations are based on Planning Department
staff research and direction provided by the Commission during the
previous meetings, The definitions for Truck Stop and Convenience Store
have been included in Section 106-1 of the Ordinances as suggested,
Staff recommends truck stops' should be permitted in a Business Industrial
(BI) zoning districts only subject to specific conditions as listed above, It
is staffs opinion that the above provisions will allow for reasonable
development of truck stops with the said stipulations that will provide
sound development and promote public health, safety, and general welfare
of the community, The La Porte Comprehensive Plan guides us to make
policy decisions relating to the physical and economic development of the
community, The above change would not be contrary to the goals and
intent of the Comprehensive Plan.
Options available to the Commission are:
· Recommend to Council approval of the zoning ordinance amendment.
· Recommend to Council denial of the zoning ordinance amendment.
· Continue the public hearing until next meeting means table the item,
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 21st day
of April, 2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider amending Ordinance No. 1501 of the City of La
Porte, pertaining to Section 106-521; Table A., Industrial Uses, footnotes, and Section 106-522,
Table B, Industrial Area Requirements. The purpose is to allow truck stop in the Business
Industrial (BI) zoning districts.
A regular meeting of the Planning and Zoning Commission will follow the public hearing for the
purpose of acting upon the public hearing items and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be required
to sign in before the meeting is convened
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL.
THIS FACIUTY HAS DISABIUTY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR
FURTHER INFORMATION.
!fJ(HIBfr A
NOTICE OF PUBLIC
HEARING'
to consider amendin._
dinance No. 1~f
City 0' l. Porte; parta
to Section 106-521; Table
A.. Induslrial Uses. 'oot-
nOles. and Section 106-
522. Table B. Industrial
Area Requirements. The
purpose is to allow truck
slop in the Business In.
. dustrial zoning districts.
CITY OF LA PORTE
Martha Gillett. TRMC
CiCy Secretary
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PUBLIC NOTICES
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
r. meeting of the
"n accordance with the' and Zoning Com-
, provisions of Section win 'allow the pub- TI:I'$ FACILITY HAS DIS-
171 of the Code of n 'or the purpose ABII,ITY ACCOMMODA-
nances of the CIty 0' La ,PO.e public TlONS AVAILABLE. RE.
Porte, and the prOvisions m. ; to ~n- QUeSTS FOF1 ACCOM-
of the Texas Local Gov- . perta.n-,, MODATIONS .. FOR IN-
emment COde, notice is , ISSlon., .' TERPRETlvE SERVICES
hereby given that the La :~..." AT MEETINGS SHOUW
Porte Planning and ZOning . '.:', ,': ' :.1 , BE <MADE ,48 HOURS
Commission will COnduct a ClllZens wishing 'to ad- PfllD.R TO THE' MEET-
public hearing at 6:00 P.M. dress : the ~m,mlssion pro ,'ING. . PLEASE CONTACT
on the 21s1 day of April, or con ~~r.ng, ~he .Public . THE CITY SECRETARY'S
2005, In the Co~il H~aring Will be requ'red to,' . OFFICE AT 28'-471-5020
Chambers 0' lhe City Hall, ' ~gn in betere the meeting OR TDD UNE 28'-471-
604 W~ Fainnont Park- IS convene!1. .' 5030 FOR FURTHER IN-
NaY, La Porte, Texas; The FORMATION.
Jurpose of ~is hearl~g is. . :
A OUORUM OF CITY
COUNCIL MEMBERS
MA Y BE PRESENT AND
PARTICIPATE IN DIS.
CUSSIONS DURING
THIS MEETING; HOWEV.
81, NO ACnON WILL BE
TAKEN f!Y COUNCIL. .
281-471-1234
F;n.:: 2:>1-471-5763
.re Sun
'nee 1947'
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who after
being duly sworn, swears the attached notice was
published in The Bayshore Sun dated OLf. Info s-
Sworn and subscribed before me this
7V1a.'(r ' 2005.
.~~A fiw~
c; -ru
day of .
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
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City of La Portee
Established 1892
April 25, 2005
Hon, Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Truck Stops
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during a regular meeting on April 21, 2005, held a
public hearing to consider amendments to the Zoning Ordinance (Chapter 106), Section 106-521; Table
A., Industrial Uses, to amend, change or modify conditions to allow truck stops in a Business Industrial
(BI) zoning districts,
After a careful consideration, the Planning and Zoning Commission, by a 4-1 vote, forwarded
their official position for action by City Council that the present conditions should remain as it is
in Chapter 106 (Zoning).
While the Commission appreciated the work done by staff in preparing the amendment to the
ordinance, it was felt that the adverse impact that truck stops adjacent to a residential zone (air
pollution, noise, light, and quality of life) would necessitate maintaining the current system offered
by the Special Conditional Use Permit process. In this manner, the Commission and Council could
benefit by a thorough examination of all factors impacting upon the residents of La Porte. The
Commission believes that the use of SCUP fulfills the spirit of the Comprehensive Plan and the
Zoning Ordinance..It was the majority's opinion that the amendments to the zoning ordinance not
be accepted.
We realize that Council is anxious to encourage economic development for increased revenue, but
we think this plan as presented would provide too many possibilities of an undesirable use with not
enough control. Weare looking to the long term development of our City in a manner which will
not harm the environment.
ir1A~~Ub~
Pat M;:~!u..<Al1rr J
Chairperson, Planning and Zoning Commission
c: Debra Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. e La Porte, Texas 77571 e (281) 471-5020
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances ofthe City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on the 23rd day of May, 2005, in the
Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of
this hearing is to consider amending Ordinance No. 1501 of the City of La Porte, pertaining to
Section 106-521; Table A., Industrial Uses, footnotes, and Section 106-522, Table B, Industrial
Area Requirements. The purpose is to allow truck stops in the Business Industrial (BI) zone.
A regular meeting of the City Council will follow the public hearing for the purpose of acting upon
the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required to sign
in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
TlUS FACILITY HAS DISABIliTY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLE4SE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR
FURTHER INFORMATION.
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Uses foatll "ano' ~,,,~
: lion "~5".r 'Q' .Ir;~ppeared Karolyn Kellogg, u. duly authorized
'f..'~u,st~,:W~, ,~~Wl ';~..~fti ve of The Bayshore Sun, a semi-weekly
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:,ailow.:,'ifuC,b'" '. ':""'l"'-"~:'Pu J.S le an genera y 1.5 rJ. u e J.n e
i Bu~I~'" ~ Porte, Harris County, Texas and who after
i ~~",~.~~.? sworn, swears the attached notice was
~.f{~;;: .in The Bayshore Sun dated 0..5 /0 ~ /o,S
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TERPRE71VE.SERVicES ,sJ.on Explores AprJ. ,
A T MEETINGS SHouLD '.
BE MADE 48. HOURS
PRIOR ,TO THE. MEET-..',:
ING. PLEASE CONTACT,
THE CITY SECRETARY'S
OFFiCE"AT 28T-47H?020.
OR TOD LINE '281-471-:
5030 FOR FURTHER, .IN- ;'
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9 106-521
Uses (SIC Code #) Zones
BI LI HI
On-premises freestanding signs See article VII of this chapter
Paper and allied products (265-267) * * P
Printing and publishing (271-279) P(ACDE) P(ACDE) P
Rubber and miscellaneous plastics (301,
302,304,306,307) * C P
Stone, clay, glass and concrete (321-325,
3261,327-329) * * P
Tank truck cleaning * * P
Truck Stops p(H,n * *
Textile mill, and finished products
Light (224,225,231-239) P(ACDE) P(ACDE) P
Medium (222, 223, 226, 229) * P(ACDE) P
Tobacco manufacturers (211-214) * P(ACDE) P
Loading berths at the front or sides of
buildings adjacent to R.O.W. C C C
Industrial PUD (refer to section 106-636) C C C
Facilities in excess of height restrictions
imposed in section 106-522 * * C
Unlisted uses, similar to uses listed above C C C
(b) Interpretation and enforcement. Property uses, except as provided for by section 106-
521(a), Table A, are prohibited and constitute a violation of this chapter.
(c) Footnotes. All permitted uses in industrial zones must meet the following minimum
performance standards, If requested by the enforcement officer, all applications for building
permits must include a certification from a registered engineer that verifies compliance with
these performance standards. Where applicable, all permitted uses in industrial zones must meet
and be in compliance with the appropriate federal, state, or local regulations,
A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away
from any adjoining residential zone or from public streets. Direct or sky-reflected glare,
where from floodlights or from high temperature processes such as combustion or
welding shall not be directed onto any adjoining property. The source of lights shall be
hooded or controlled in some manner so as not to light adjacent property. Bare
incandescent light bulbs shall not be permitted in view of adjacent property or public
right-of-way. Any light or combination of lights which cast light on a public street shall
not exceed one footcandle (meter reading) as measured from the centerline of such street,
Any light or combination of lights which casts light on residential property shall not
exceed 0.4 footcandles (meter reading) as measured from such property,
fi:"".P.V' "i'! r,:::'11T
~i= :.'~: . ',' . !', t
e
e
Supp. No.4
CD106:67
H. Hours of Operation. Hours of operation arc limited for truck stops adjacent to
residential areas only. TI1e facility shall only operate during the hour of 6:00 a.m. to 9:00
p.m. and no overnight facilities are allowed on the premises,
I Truck Stops. The facility shall be permitted in the Business Industrial (81) districts on
truck routes e.long Barbour's Cut Boulevard and State Highway 146. ~o construction of
any kind shall be pennitted within the stipulated setbacks for Business Industrial zoning
districts,
e
e
LA PORTE CODE
~ 106-1
Business frontage means the linear measurement of the side of the building which
contains the primary entrance of the building. '
Carport means a roofed structure, freestanding or attached to another structure designed
to provide covered parking for vehicles. A carport shall have no enclosing walls. A structure
shall not be considered to be a carport unless it is located directly over a driveway,
Clinic means an institution, public or private, or a station for the examination and
treatment of patients by an individual or group of doctors, dentists, or other licensed members of
a human health care profession.
Controlled access highway means any thoroughfare which is a high volume freeway
(without signalization on principal lanes) designed for four to eight main lanes and four service
lanes with a right-of-way capacity that allows two to four additional lanes.
Controlled access highway corridor means a corridor extending 500 feet to either side of the
right-of-way of a controlled access highway as designated on the city's land use map.
Notes:
The defInition of Controlled Access Highway (with some minor rephrasing) was
taken from Volume One, SectioJ? 1.3 of the city's comprehensive plan.
Controlled access highway corridors are established on the city's land use map
and designated by a cross hatched highlight. State Highway 225 and New State
Highway 146 are the only thoroughfares within the city presently designated as
controlled access highways,
Interim sign regulations. Signs located within a controlled access highway
corridors shall be limited to a maximum height of 65 feet.
Commercial amusement or recreation means an enterprise whose main purpose is to
provide the general public with an amusing or entertaining activity, where .tickets are sold or
fees collected at the gates of the activity. Commercial amusements include zoos, carnivals,
expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contest,
rodeos, tent show, ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling
shows, bowling alleys, pool parlors, and similar enterprises.
Commercial motor vehicle means any motor vehicle designed or used for the
transportation of persons or property for hire, with a rated carrying capacity in excess of one ton,
including every vehicle used for delivery purposes,
Common property means a parcel or parcels of land, together with the improvements
thereon, the use and enjoyment of which are shared by the owners and occupants of the
individual building sites.
Condominium means two or more dwelling units on a lot with individual ownership of a
unit rather than a specifIc parcel of real property;' together with common elements. See V.T.C,A"
Property Code 81.001 et seq" and the building code adopted in section 82-31.
Convenience Store means a small store that is open long hoW's and that typically sells
staple groceries, snacks, and sometimes gasoline & diesel.
CDI06: 10
e
e
ZONING
~ 106-1
Special exception means only those exceptions provided for under section 106-191.
Standard Industrial Classification Code (SIC) means the numerical code established by
the U.S. Department of Commerce and used in the Standard Industrial Classification Manual,
1987 as amended and supplemented.
Street, private means a vehicular access way, under private ownership and private
maintenance, providing access to buildings containing residential dwelling units without direct
access to an approved public street right-of-way, or a public right-of-way, however designated,
dedicated or acquired, which provides vehicular access to adjacent properties. Alleys, parking
lots, and private driveways within shopping centers, commercial areas, or industrial
developments shall not be considered as streets. '
Street, public means a public right-of-way, however designated, dedicated, or acquired,
which provides vehicular access to adjacent properties,
Street, thoroughfare means a public street designed for heavy traffic and intended to
serve as a traffic artery of considerable length and continuity throughout the community and so
designated on the city's thoroughfare plan.
Structure means that which is built or constructed.
Structure, principal means the principal structure which fulfills the purpose for which the
building plot is intended,
Substantial improvements means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure as
determined by a licensed appraiser, either (a) before the improvement is started, or (b) if the
structure has been damaged and is being restored, valuation before the damage occurred,
Substantial improvement is started when the first alteration of any structural part of the building
cornrnences. '
Temporary sign means a sign not to exceed 18 inches by 24 inches in size which is
intended for a limited period of display.
Townhouse means one of a group of no less than three nor more than 12 attached
dwelling units constructed in a series or group of attached units with property lines separating
such units,
Trailer means every vehicle, with or without motive power, other than a pole trailer or
ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle
and so constructed that no part of its weight rests upon the towing vehicle,
Truck means any motor vehicle designed, used or maintained primarily for transportation
of more than nine persons or property,
Truck Stop means a commercial/industrial use of property on one site for the refueling,
maintenance and/or servicing of large over the road vehicles carrying large loads and which may
have service activities for such vehicles and their drivers including but not limited to dispensing
of motor fuels and petroleum products directly into motor vehicles, restaurants or cafes,
overnight accommodation, shower or laundry facilities, truck service and overnight truck
parking, truck scales, and parking area in association with the above services.
CDI06:19
e
ZONING
e
~ 106-522
and city council may require that efforts to reduce the potential noise impact be
undertaken, These efforts may include screening, landscaping and site planning
techniques.
(Ord. No. 1501U, ~ A(art, B), 9-23-96; Ord. No. 1501-AA, ~ 6, 3-23-98; Ord. No. 1501-BB, ~ 5,
9-15-98; Ord. No, 1501-II, ~ 5,3-27-00)
Cross reference-Sexually oriented businesses, ~ 90-31 et seq.
Sec. 106-522. Table B, industrial area requirements.
(a) Table B, industrial area requirements.
Minimum Maximum
Landscaping Lot
Requirements Coverage
9
Uses (percent) (percent)
BI business-industrial park; 6 50
All permitted or conditional
LI light industrial district; 6 70
All permitted or conditional
Loading docks N/A N/A
Minimum
Yard
Setbacks
F.R.S.
1,2,3
(feet)
50-40-30
20-10-10
130-130-130
Outside storage
N/A
N/A
20-10-5
Shipping Containers
N/A
50-50-30
6
Truck Stops
-On- and off-premises free
standing signs
15
See article VII of this chapter
Adjacent to
Residential
Minimum
Yard
Setback
F.R.S.
2,5
(feet)
50-40-30
30-50-50
Same as
principal
use plus
130 ft.
Same as
principle
use
100-150-150
See article VII of this chapter
Freestanding on-premises
signs located in controlled
access highway corridors
Maximum
Height
(feet)
45
45
N/A
Section
1 06-444(b)
36
(b) Footnotes.
1. A minimum landscape setback of 20 feet will be required adjacent to all designated
conservation areas, Buildings, parking areas, loading docks, outside storage, and refuse
containers will not be allowed in such setback areas, These areas are to be landscaped
with trees, shrubs, and ground cover, with a planting plan required to be submitted and
approved by the enforcement officer. Required landscaping must be maintained by the
property owner and/or occupant. '
2, No buildings, parking areas, loading docks, outside storage, or refuse containers will be
allowed in such setback areas. These areas are to be landscaped with trees, shrubs and
ground cover, with a planting plan required to be submitted and approved by the
enforcement officer,
Supp. No.4
e
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LA PORTE CODE
~ 106-522
3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of-
way, or rail service spurs.
4, See article V, division 4 of this chapter for additional requirements.
5. No sign shall be located in a required sight triangle in such a manner as to
obstruct traffic visibility at a level between three feet and six feet as measured
above adjacent road grade.
6. Height restrictions may be modified as a conditional use, provided that no
modification of height restrictions may occur adjacent to property zoned
residential or commercial. Provided further that no modification shall be
permitted if said modification would pose a danger to life or property.
7. Shipping containers are permitted,to be stacked up to four containers in height.
8. Shipping containers will be stacked in a "pyramid" appearance along the front of
the site, The initial row shall not exceed two containers in height, with each
successive interior row gaining one container in height to a maximum of four
containers in height. For the sides beyond the front area, the 'pyramid' appearance
shall not be required, ,
9. Landscaping/screening will be required adjacent to residential area.
(Ord, No. 150l-X, ~ 5, 12-16-96; Ord. No. 150l-BB, ~ 6,9-15-98; Ord. No. 1501-II, ~ 6,
3-27-00)
Sec. 106-523. Special use performance standards.
(a) Traffic control. The traffic generated by a use shall be channelized and controlled in a
manner that will avoid congestion on public streets, safety hazards or excessive traffic through
residential areas. The traffic generated will not raise traffic volumes beyond the capacity of the
surrounding streets, Vehicular access points shall be limited, shall create a minimum of conflict
with traffic movements, and shall be subject to the approval of the director of community
development, Vehicular ingress lanes shall be large enough to accommodate peak use on the
same lot without requiring the stopping or waiting of vehicles on public rights-of-way. Ingress
lanes shall be from the least heavily traveled street wherever possible.
(b) Drainage. On request, a drainage plan for the proposed development shall be
submitted to the director of community development for review and approval.
(c) Compatibility with surrounding area, The appearance and functional plan of the building and
site shall not be so dissimilar to the existing buildings or area as to cause impairment in property
values or constitute a blighting influence within a reasonable distance of the lot. The proposed
development shall be compatible with existing and planned use of the area and conflicts shall not
be created between the proposed use and existing and intended future uses of the surrounding
area,
(d) Required licenses obtained. All necessary governmental permits and licenses shall be
secured with evidence of such placed on record with the city.
(e) Availability and adequacy of public services, Public services including but not limited to
sewer, water, gas, police and fire protection are available at an adequate level and capable to
service the proposed land use. The planning and zoning commission and the city council may
Supp, No.4
e
'e
TO:
Councilman Tommy Moser, District 4, La Porte City Mayor, Council,
City Manager & Staff
FROM:
The La Porte Community Civic Club and La Porte Citizens
MEMO:
We the undersigned citizens are in favor of the facility proposed by Amyn
Narsi being built on Barbour's Cut Blvd. at North First Street on the North
Side of the City.
We are not asking for you in no way to break any rules for the facility to be completed
but to work with the owner to do what is necessary (for what we understand will be a
Convenient Store, restaurant and fuel facility) to help in getting the facility completed.
Reason being we feel it will be a help to the Community. The owner came to us, we
believe, in good faith to say he would be a good neighbor in assisting and helping with
neighborhood projects and activities. So far he has done just that. Among which we
were so proud when school supplies and a back to school party was given. A child was
so excited, his teacher was present and he kept running to her asking what he needed and
she said the reason she was there because he came to school everyday, never having
school supplies and she wanted to make sure he got supplies. And when our seniors was
honored and given gifts they were so excited their eyes lit up. That's just two of the
things we have been helped with. Mr. Narsi has been a member of the Civic Club and
participating in most events and activities since 1999 . We are now planning to give:j
food baskets to some seniors and needy at Thanksgiving ands to beautifying the Twilight
Cemetery with entrance sign and other. Mr. Narsi will be a sponsor for the anti-drug
seminar planned for the 30th. '
We are pleased with the improvements going on the North Side of the City and know that
much more is needed.
We are not against the present truck stop on the North Side with its truck parking facility,
restaurant and hotel nor or we against the facility coming up we believe for truck
inspections. We understand the Fuel For Lion King being built by Mr. Narsi will have no
truck parking they will not be able to p~here for the night and will purchase gas and
move on. We also believe that with the Port activities going on many more
establishments will be built along Barbour's Cut Blvd. in the future. So far Mr. Narsi has
been the only one coming to us to offer help in the Community.
Now the people that's against the facility says it will be too noisy, too many fumes.
There will be no less trucks traveling down Barbour's Cut than now. Maybe the other
facilities can tell others how they stop the noise and fumes. Also it's said it will be more
drugs and prostitution. If those people are interested in helping to combat illegal drugs
and prostitution they can come to the middle of our neighborhood and help.
.
e
In closing we believe this facility, Fuel For Lion King when completed, jobs will be
created, that it will have an impact on the local economy of La Porte. We believe it will
be an asset to the Community.
We are making a plea to the City to help with this project and we thank you for your
consideration.
Humbly Submitted
La Porte Community Civic Club
.
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*
Me!y TX Result Report (May. 31. 20'12:04PM) *
P. 1
*
*
1) City of LaPorte City Hall
2)
D at elT i me: Ma y. 31. 2005 12: 03 PM
F i 1 e
No. Mode
Destination
P g (s)
Result
Page
Not Sent
4963 Memory TX
92814715763.
P. 3
OK
----------------------------------------------------------------------------------------------------
Reason for error
E, 1) H a n g up 0 r 1 i n e fa i 1
E,3) No answer
E.5) Exceeded max, E-mail size
E.2) Busy
E,4) No facsimile connection
City of La Porte
1.4 Porte, Texas 77571
604 W. FQi"""nt
Phone: Z81-471-SOZ0 ext. 221
Fax: ~81-471-7168
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Fl\lC:
From: 1l11f/JJtc.-
Dote:
Phone:
Re: Jt/ IJt iz ~11!C-
Pages:
Phone: 281-471-5020
Fl\lC: 281-471-7168
Urg!'lrt For Review' . . Please Comment Please Reply , x Please 1W:yI:~