02-21-13 Regular Meeting and Public Hearing of the Planning and Zoning Commission

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Staff Report, 2013 February 21 Dust Free Surface Background City Council received an inquiryabout 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 Planning and Zoning Commission formed a subcommittee, whose members include Danny Earp, Mark Follis, Phillip Hoot, and Les Bird. The subcommittee worked with the City staffto analyzethe criteria and provide a recommendation for dust free surfacing. During the January 17, 2013, meeting, the Planning and Zoning Commission considered recommended options based on the subcommittee’s inputand asked staff to arrange a public hearing by the next meeting. 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,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). Section 106-837 requires a concrete or bituminous (asphalt) driveway for single-family, two-family, and townhome accessory off-street parking. 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. Section 106-444 (b) allows for a storage area to be grassed or surfaced to control dust. 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.