10-18-12 Regular, Public Hearing and Workshop Meeting of the Planning and Zoning Commission

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Staff Report Dust Free Surface Discussion Item Background October 18, 2012 City Council received an inquiry about an effective enforcement of the City's dust free surface criteria. Council directed staff to study the issue and present it to the Planning and Zoning Commission for their consideration. The City of La Porte's Zoning Ordinance requires a dust free surface for areas intended to be utilized for parking, driveways and areas intended to be utilized for storage requiring vehicle use as shown in the sections referenced below. In addition, Ordinance No. 904 dated 11-15-71 (see copy attached) prescribes standards for concrete used in the construction of driveways, sidewalks, and patios. Existing Requirements: Section 106-835(f) requires a material suitable to control dust and drainage, except in the case of single-family and two-family dwellings, which requires a dust free surface in conformance with the Public Improvement Criteria Manual (currently interpreted to require either a concrete or asphalt driveway), see Exhibit C. Section 106-837 requires a concrete or bituminous (asphalt) driveway for single-family, two-family, and townhome accessory off-street parking, see Exhibit D. Section 106-416 requires the first 40 feet of a 12-foot wide driveway and the first 20 feet of a 20-foot wide driveway be dust free, but does not define the dust free surface, see Exhibit E. Section 106-444 (b) allows for a storage area to be grassed or surfaced to control dust, see Exhibit F. Recommended Requirements: While the above code sections do not necessarily conflict with each other, they present a problem to staff in their administration due to being vague and poorly defined to address the full spectrum of development scenarios. In an effort to better define the dust free surface ordinance and to address complaints, as well as requests by individuals for the use of surfaces not currently allowed by ordinance, staff has prepared a table listing the existing and proposed dust free ordinance conditions & Options for the Commission's discussion and consideration (see Exhibit B).