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HomeMy WebLinkAboutO-1987-1501 . . ORDINANCE NO. l50l AN ORDINANCE ADOPTING A NEW ZONING ORDINANCE AND MAP FOR THE CITY OF LA PORTE, SAID NEW ZONING ORDINANCE AND MAP TO REGULATE: THE LOCATION AND USES OF BUILDINGS, STRUCTURES, LAND, LOTS, AND USES AS DEFINED; THE HEIGHT AND SIZE OF BUILDINGS, STRUCTURES, AND USES BOTH PRIMARY AND ACCESSORY; THE DENSITY AND INTENSITY OF POPULATION AND U~ES, BOTH PRIMARY AND ACCESSORY; THE SIZE AND LOCATION OF YARDS, SETBACKS, CONSERVATION AREAS, AND OPEN SPACES; THE LOCATION AND DENSITY OF PARKING, LOADING, EXTERIOR STORAGE, FENCING, AND LANDSCAPING; PROVIDING FOR PLANNED UNIT DEVELOPMENTS; PROVIDING A SPECIAL CONDITIONAL USE PROCEDURE; REESTABLISHING A PLANNING AND ZO~ING COMMISSION AND A BOARD OF ADJUSTMENT; AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; FOR SAID PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS; PROVIDING THAT ANY PERSON, FIRM, OR CORPORATION VIOLATING ANY OF THE TERMS OR PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION SHALL BE LIABLE TO FINE NOT TO EXCEED ONE THOUSAND DOLLARS ($l,OOO.OO); WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE OFFENSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS HEREOF AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: WHEREAS, the City Council of the City of La Porte, Texas, deems it necessary in order to lessen congestion on streets, to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; to conserve the value of property and encourage the most appropriate use of land throughout the City of La Porte, County of Harris, State of Texas, all in accordance with the provisions of the Comprehensive Plan of the City of La Porte, as adopted by the Planning and Zoning Commission of the City of La Porte; and WHEREAS, Article lOlla et seq of the Revised Civil Statutes of the State of Texas empowers the City to enact a Land Use Plan and zoning Ordinance, and to provide for its administration, enforcement, and amendment; and WHEREAS, the City Council of the City of La Porte deems it necessary for the purpose of promoting the health, safety, morals, and general welfare of the community to enact such an ordinance; and '. . Ordinance No. l50l, Page 2 WHEREAS, the City Council of the City of La Porte, pursuant to the provisions of Article lOllf of the Revised Civil Statutes of the State of Texas, has appointed a Planning and Zoning Commission to recommend the boundaries of the various original districts and the appropriate regulations to be enforced therein; and WHEREAS, the Planning and Zoning Commission of the City of La porte has divided the City of La Porte into land use districts and has prepared regulations in accordance with the provisions of the Comprehensive Plan of the City of La Porte, as adopted by said Planning and Zoning Commission of the City of La Porte, specifically designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission has in all respects given reasonable consideration to the character of the land use districts and their peculiar suitability for particular land uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City of La Porte; and WHEREAS, the Planning and Zoning Commission has made a Preliminary Report on the text of the Zoning Ordinance, and after due notice has been given, a certified copy of which is attached to this ordinance as Exhibit "A", attached hereto and fully incorporated by reference here- in, has held a lawfully constituted public hearing on said preliminary Report on the text of the Zoning Ordinance, said hearing being held the 15th day of August, 1985, at 7:00 p.m. at the City Hall of the City of La Porte, 604 West Fairmont Parkway, La Porte, Harris County, Texas; and WHEREAS, subsequent to said public hearing, the Planning and Zoning Commission of the City of La Porte, has, by letter dated ~ . . Ordinance No. 1501, Page 3 October 1l, 1985, a copy of which is attached to this ordinance as Exhibit "B", attached hereto and fully incorporated by reference here- in, submitted its Final Report on the text of the Zoning Ordinance, of the Zoning Ordinance to the City Council of the City of La Porte; and WHEREAS, the City Council of the City of La Porte has held a lawfully constituted public hearing on the text of the ordinance, due notice of which is attached to this ordinance as Exhibit "C", attached hereto and fully incorporated by reference herein, on the 25th day of November, 1985, at 6:00 p.m. at the City Hall of the City of La Porte, 604 West Fairmont Parkway, La Porte, Harris County, Texas; and WHEREAS, the Planning and Zoning Commission has made a Preliminary Report on the text and map of the Zoning Ordinance, and after due notice has been given, the certified copy of which is attached to this ordinance as Exhibit IIDII, attached hereto and fully incorporated by reference herein, has held a lawfully constituted public hearing on said Preliminary Report on the text and map of the Zoning Ordinance, said hearing being held the 20th day of November, 1986, at 7:00 p.m. at the City Hall of the City of La Porte, 604 West Fairmont Parkway, La Porte, Harris County, Texas; and WHEREAS, subsequent to said public hearing, the Planning and Zoning Commission of the City of La Porte, has, by letter dated the 4th day of December, 1986, a copy of which is attached to this ordi- nance as Exhibit IIEII, and is fully incorporated by reference herein, submitted its Final Report of the text and map of the Zoning Ordinance to the City Council of the City of La Porte; and WHEREAS, the City Council of the City of La Porte has held a lawfully constituted public hearing on the text and map of the Zoning Ordinance, due notice of which is attached to this ordinance as Exhibit "FII, and is fully incorporated by reference herein on the 8th day of January, 1987, at 7:00 p.m. at the City Hall of the City of La Porte, 604 West Fairmont Parkway, La Porte, Harris County, Texas; and . . Ordinance No. 1501, Page 4 WHEREAS, all requirements of Article 1011f of the Revised Civil Statutes of the State of Texas, with regard to the preparation of reports, public hearings, and notice have been met by the Planning and Zoning Commission of the City of La Porte and the City Council of the City of La Porte; NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE. Section 1. The Zoning Ordinance and Zoning Map of the City of La Porte, which is attached to this ordinance as Exhibit "G", and is fully incorporated by reference herein, is hereby adopted as the Official Zoning Ordinance and Map of the City of La Porte. section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of the City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or any part thereof, may be declared invalid. Section 3. All rights or remedies of the City of La Porte, County of Harris, State of Texas, are expressly saved as to any and all violations of the Zoning Ordinance together with the Map incorporated therein, or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance are hereby expressly reserved; and as to such accrued violations, any Court of competent jurisdiction shall have all the powers that existed prior to the effective date of this ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this ordinance shall be considered violations of this ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. . . Ordinance No. 1501, Page 5 Section 4. Any person, firm, or corporation in violation of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not more than ONE THOUSAND DOLLARS ($l,OOO.OO). Each day such violation continues shall constitute a separate offense. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of the general law or of the terms of this ordinance, the City of La Porte, in addition to imposing the penalty above provided, may institute any appropriate action or proceedings in a Court of competent jurisdiction to provide such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, or to prevent the occupancy of such building, structure, or land, to prevent the illegal act, conduct, or use, in or about such land; and the definition of any violation of the terms of this ordinance as a misdemeanor shall not preclude the City of La Porte from invoking the civil remedies given it by law in such cases, including collection of reasonable attorney's fees and court costs, for the same shall be cumulative of and in addition to the penalties prescribed for such violation. Section 5. This ordinance comprises the text and map of the Official Zoning Ordinance of the City of La Porte. At the time of the effective date of this ordinance as specified below, all ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof, particularly including the repeal of Ordinance No. 780 of the City of La Porte, together with all amendments thereto. Section 6. This ordinance shall be in full force and effect from and after February 9, 1987. As an additional condition precedent to enacting this ordinance into full force and effect, the caption of this ordinance shall be published by the City Secretary of the City . . Ordinance No. l501, Page 6 of La Porte in the official newspaper of the City of La Porte, Texas, as required by the City Charter. Section 7. The City Council officially finds, determines, re- cites, and declares that if sufficient written notice of the date, hour, place, and subject of this meeting of the City Council is posted in a place convenient to the public, the City Hall of the City of La Porte, for the time required by law preceding this meeting, is required by the open meetings law, Article 6252-17, Texas Revised Civil Statutes Annotated; as certified to by the City Secretary of the City of La Porte in Exhibit "H", attached hereto and fully incorporated into this reference, and that this meeting has been open to the public as required by law at all times during which the ordinance and the subject matter thereof has been discussed, considered, and fully acted upon. The City Council further ratifies, approves, and confirms such written notice of the content and posting thereof, all as certified on Exhibit "H" attached to this ordinance. PASSED AND APPROVED this the ;6~day of January, 1987. CITY OF LA PORTE lh:~/::;e<11~~ ATTEST: -~~ Cher1e Black, C1ty Secretary '"' . CITY OF L\ PORTE PHONE (713) 471.5020 . P,O Box 1115 . LA PORTE. TEX"S 77571 10/11/85 Mayor Malone and Councilpersons City of La Porte P.O. Box 1115 La Porte, Texas 11511 RE: Proposed Zoning Ordinance Dear Mayor Malone and Councilpersons: The Planning and Zoning Commission is pleased to transmit with this letter the final draft of the text of the proposed City Zoning Ordinance. The Planning and Zoning Commission formally approved this draft on September 5, 1985. This draft is the result of a thorough examination of the Ordinance, which was principally drafted by Vernon Henry and Assc. assisted by Turner Collie and Braden. The intent of this examination was to produce a document that will satisfy the specific needs of our community. The review process started with an examination of the goals of the Zoning Ordinance which include the following: A. modernize the zoning document for La Porte by replacing the 1960 Zoning Ordinance with one tailored to the needs of our community; B. eliminate whenever possible discretionary decision making on the part of staff (currently an almost a daily duty due to problems with the existing Zoning Ordinance); C. relieve the ambiguities Ordinance. administrative problems and contradictions of the created by the existing Zoning During the initial authorship of the document, staff spent many hours working with the Consultants in order to prevent the reoccurrence of problems present in the current document. Special attention was given to the enforceability and practicality of the Ordinance. The document was also reviewed to insure compatibility with the new Development Ordinance, Building Codes, Flood Hazard Prevention Ordinance, and other codes and Ordinances. EXHIBIT B . . Page Two 10/10/85 RE: Proposed Zoning Ordinance Citizen input was received citizen survey of wants process, zoning meetings, Steering Committee. in and and several needs input ways, including an, initial followed by the public hearing from the Comprehensive Plan The adoption process followed an exhaustive review of each citizen and developer comment and an analysis by staff based the impact each comment had on the Comprehensive Plan (see attached analysis of public hearing input). The Planning and Zoning Commission discussed each comment and voted individually on them. After this initial vote, the Ordinance was again discussed, reviewed, and voted on in its entirety. "The Comprehensive Plan is basically a statement of the objectives and goals to be used as a guide by the municipality in making decisions as to future development. Zoning is the tool by which these objectives can be met and achieved progressively as the municipality needs or conditions require." The previous statements were excerpted from the prologue to the proposed Ordinance in volume two of the Plan and relate the Ordinance as a crucial step in the implementation of the Plan. The proposed Ordinance will place La Porte in "sync" with the times by replacing a 1960 document that does not address the La Porte of today. It will eliminate, as much as any ordinance can, the discretionary decision making by staff. This Ordinance will allow the City to give developers and citizens alike an "upfront" look at the rules of the game. The City of La Porte has a responsibility to these people to provide information about development in La Porte before they begin the development process. The ability to provide this information will save both time and money. Please review the text of the proposed zoning Ordinance. You may contact staff with your questions regarding interpretations and I will be available to answer questions regarding policy matters. I look forward to seeing you at the workshop. Best Regards, ~~W~ Chairman, La Porte Planning and Zoning Commission DAP/dap encl. cc: Planning and Zoning Commission Jack Owen, City Manager John Joerns, Dir. of Community Dev. Bob Speake, City Engineer John Armstrong, Assistant City Attorney David Paulissen, Chief Building Official /- f .. 'to ," . REVIEW & co\1V1ENrARY rn '!HE IA PCRrE ZCNIKG ORDIzw.JCE CO\1VlENIS BY FAIIM:Nr PARK JOINr vmIURE - EDDIE V. GRAY, DEVEIDPER AND JANEl' L. GRAY GENERAL CO\1\1ENI'S rn DEFINITICNS -- The following items need to be defined or their definitiOn needs to be made more specific: 1. Parkway Corridors 2. Greenway Corridor - 3. Coomercial IVIotor Vehicle and Light Truck - definitions should both include a phrase that a commercial motor vehicle is one which is larger than I ton. 4. Fence -- this definition should include wrought iron fences or acceptable steel mesh fences. 5. Height - the definition should include a pennissible height of 45' fran grade. 6. Ranch trailer 7 . Curb 8. Loading Berth CO\1\'1EN'IS rn ARI'ICLE I: Section 1 - 300 -- The comprehensive plan shows"'large aroounts of public use and greenbelt/park areas which the city may not have funds to purchase. Therefore, the enforcement of the zoning ordinance. as it pertains to an individual property owner, can only ccnply wi th the cooprehensive plan to the extent that the ci ty has 'the funds avai lable ' to purchase such greenbelt or park/public use areas. Further, there are same areas of the comprehensive plan which do not reflect the best use of that property. For example, the comprehensive plan shows residential areas located in portions of the city where residential development is n~t desirable due to the light industrial character of the neighborhood. Therefore the comprehensive plan should serve only as a guide for the zoning ordinance enforcement. CXl\1\1ENr.3 rn ARrI CLE 2: Section 2 - 703 -- This section is difficult to understand and apply. Also it is not applicable to large tracts under single rnvnership \vhich have several zoning districts within the property boundary. Section 2 - 800 -- This section should clcarly indicate \vhich uses are the most restrictive and \vhich uses are the least restrictive. aJ\1VIENI'S rn ARI'I CLE 4: Section 4 - 101 -- This section should be reworded to state that until such time as the Ci ty of La Porte has t,he funding to purchase street right-of-ways as shrnvn on the thoroughfare plan, then such proposed IA ~ .---~------ . '{; '\1iI ," . of any bu i llit-lm.;. on Section 4 ":~"t(}3 -- This! .section. &-es lIlIOt: stllll.te whether the nmr1Wi'am setback of 20' appl'~s to the :rea.r yaurd or tbe fran.t yal'd. since the:e ---- --"is no access allowedb<Xn-...the rear yard to t.he fl1a!joJ'. str.eet, :th.!r!:ees no need for any addit ional setbEle~~e re.8.l" yardl., . , _~~_ct.ion~4_r- =~ -- This section ~i-sed-to.---a-n'~Jor .----- cmmercial deVelOpneR~wi th bui ldings located wi thin 20' ff:coln an existing or proposed sheet..... right-of-way. If this Section ii;s not reworded fu.ture developnent ana--rede_v~ of old Main S~t \oU 11 not be feasIble. . __-..____ _ __ a:MVIENTS CN ARI'I CLE 5: Section 5 - 404 Sub-paragraph 2A 2 -- This section should ,~nd wi th the fire department regulations pertaining to fire proibmttiblln in residential areas. Therefore, this section should be rewordei ~sgate that any residential building may be located within 500' fIUD al,f:dre hydrant as the fire hose would lay. Section 5 - 404 Sub-paragraph 2A 5 -- The maxinun length of a CI'Ildl~s-ac street should correspond with the length allowed by the Feder.&! mbasing Administration and be pennitted as long as the street has the siaDdard fire hydrant spacing as required by the fire department. Section 5 - 501 -- This section states that - other resident_ and supporting uses may be pennitted within manufactured housing di~ts; however, it does not define the supporting uses which are pezmit1tlsili. Section 5 - 600 -- This section needs to define single dwelling special lot. Section 5 - 700 Table B Residential -- This table needs to incre&s.e; the maximum height restriction column to 45' for all residential uses. 1his will allow homes built on stilts due to the floodplain and \wold also allow 3-story lJI.JIti-family buildings. FUrther, sane hanes Ul! the floodplain are forced to build up their grade. However, if t~ C0ver the additional grade by a brick facing, the measurement would.be !d1gher than the 35' limi t. Also, the mininun site area per uni t shoIlJIll<il be increased to 4.8 dwelling units per acre for single family detllldled. This is the current lot yield per acre in major La Porte subdi~~ions and provides adequate spacing and yard areas for quali ty residemttial developnent. Also the minirrun site area per unit should be incre&S.1ed on multi-family to 27 dwelling units per acre. which corresponds with, the current La Porte practice on multi-family densities. The maxinun, lot cover percentage should be increased for single family detached to 50%. This would allow larger hanes to be bui lt on lots for famil ies desir.ing a sl ightly smaller yard area. The maxinun lot coverage for single family zero lot line should be increased to 70% because this style of homes is specially designed to appeal to hane buyers who desire very little yard maintenance. The maxirmm lot coverage on muIti-fwnily should be increased to 65%. [ lA . I '. .0 . Section 5 - 701 Footnote 2 -- This setback should be deleted becaus"e the front setbacks are adequate and the 10' side yard setback next to public ROW's is sufficient. ' Section 5 - 201 Footnote 3 -- Both the greenbelt area itself and the-20' landscaped setback along the public green\vay corridors are equivalent to city park land and therefore should be purchased by the city fran the land Ql'mer and maintained by the ci ty. There is no definition 'of parkways in the Zoning Ordinance. However, is the city desires to inprove its parkways (thoroughfares), then the city should purchase such land area fran land owners and landscape and maintain such areas at city expense. Therefore, we recoomend that Footnote 3 be deleted fran the Zoning Ordinance. Section 5 - 800 Subparagraph -- This section is so broad that it would be nearly inpossible to enforce it fairly in regard to all property owners, especially as the section pertains not only to existing surrounding uses but future surrounding uses (whi ch are inpossible to determine now). Further this section does not state who would be responsible for deciding the "carpat ibi li ty". Therefore we recmmend that this section be deleted fran the Zoning Ordinance because other provisions of the Ordinance adequately provide for the goal that this section is trying to achieve. a:I\MN.rs CN ARTICLE 6 Section 6 - 500 -- Under the maxinun height. neighborhood coomercial heights should be increased to 45'. Section 6 - 501 Footnote I -- Footnote I should be revised to require the City of La Porte to purchase both greenbelt areas and any landscape setback areas lying adjacent to public greenway corridors fram the land owner for the city to maintain as public park areas. Par~vay corridors is not defined in this ordinance, however, if the city wishes to landscape city thoroughfares the city should purchase such land area fran land owners and landscape and maintain the area at the ci ty expense ;as ,public park. areas. . Therefore we recoomend that Footnote 1 under Section 6 - 501 be deleted fran the OTdinance or revised to reflect that the city wi II purchase and maintain such 20' landscape setbacks and greenbelt corridor areas. Section 6 - 501 Footnote 3 -- Parking should be allowed in coomercial yard setbacks. Further, this additional thoroughfare setback is unnecessary and should be deleted. ,Section 6 - 600 ,Subparagraph B4 -- Lighting which is covered by a glass globe should be allowed in such commercial areas. Sect ion 6 - 600 Subparagraph B5 -- I f the area has the requi red screening, then the 5' setbacks are an unreasonable restriction on the \ft , , .' ~. ." . landowners' coomercial use and this 5' additional setback within the storage area should be deleted fran the OTdinance. a:M\1ENIS 00 Aro"ICLE 8: Section 8 - 200 -- This section needs clarification on Which rules apply to a PUD District and Which rules apply to a POD developed within a residential, coomercial, or ~ndustrial district. . - Section 8 - 4.02 #8 -- This section needs to state the dwell ing uni t per acre requirements for a PUD District. PUD Districts nonnally have higher densities. Section 8 - 402 #10 -- This requirement should be deleted in line with our cooments under Section 1 - 300 on the first page of this coomentary. Section 8 - 400 -- The twelve month limitation on conditional use pennits is too short and should be lengthened to three to five years. Section 8 - 404 B -- A minor change in a major or minor developnent site plan should not require resubmission of a new general plan. a::IVMENTS 00 Aro"I CLE I 0 : Section 10 - 101 #4 This section should state that the developnent schedule shall indicate the approximate start ing date and the approximate coopletion date. These dates should only be used as a general guideline. Section 10 - 101 #6 C -- "Sufficient" amount of usable open space should be defined. Section 10 - 102 #1 C and E -- These sections should state that deed restrictions on single family residential subdivisions shall cooply with the standards set by the Federal Housing Administration and that a copy shall be furni shed to the Ci ty of La Porte prior to fi I I ing the deed restrictions of record. However, the review by the ci ty attorney of deed restrictions should be deleted because the standards required by the Federal Housing Adninistration would assure qual ity deed restrictions. Section 10 - 103 The heading of this section should indicate that it pertains to planned unit developnents. Further it should state Whether or not these regulations pertain to PUD's in PUD Districts or PUD's in other districts. Section 10 - 103 #4 E I -- This section should state that grass may be considered as a surfacing material. Section 10 - 104 -- The heading of this section should indicate that it pertains to PUD's. lA . . \& ~., '~ '. Section 10 - .201 #4 -- The 1 year limitation on conditional use pennits should be extended to a three - five years. Section 10 - 302 #7 -- Air-conditioning cooling structures and condensers should be allowed in side yards. Section 10 - 603 ~- The resurfacing of an existing facility should not require any further approval. . 'Section 10 - 6~5 -- Parking should be allowed in all setback areas. .Section 10 - 605 #10 -- This section should be deleted. The~.e is no need for the 5' strip surrounding parkil~ areas. It will not effectively enhance the looks of parking areas and wi 11 be a constant maintenance problan. Further the curb surrounding the entire parking area is unnecessary. cnVMENrs CN ARTICLE 11: Section 11 - 101 -- Land owners issued building pennits prior to the effective date of this ordinance should be allowed to continue their construction as per the building pennit which they were issued. Section 11 - 102 -- This section should be deleted per the comments under Section 11 - 101. Section 11 - 606 #2 C 2 -- Uhnecessary hardship should be defined to include economic hardship as well as physical hardship. Section 11 - 612 -- The reapplication period should be shortened to six months fram the date of the original denial. 2".~::]:)::;'_::=.!..: ..... ~':".::-'.,.. ::;.:1, ;.: .:. -: . I . - .:. :l':" tA- ," A. , c. .... I . . , August 29, 1985 Hon. Andrew Wilson, Chairman La Porte Planning and Zoning Commission City Hall La Porte,. Texas Dear Andy: I will surely appreciate it if you will have page one of the .Minutes of the Planning and Zoning Commission of August 15,. 1985 corrected to include my name as one of the seven speakers that evening. I did sign up and speak. Correction is also in order, I believe, on page eight,,' line. twenty- seven. I did not indicate I did not wish to speak to the Comm- ission. I said I wished to speak in my proper order of signing up rather than as requested to speak by N~.. Smith. I will also appreciate it very much if you will have included in the Minutes the objections I stated to R-): 1. It allows large apartment complexes in areas with single family homes. At present the two types of residential are geographically separated in La Porte,for the most part. 2. The list of permitted uses and the density in the proposed R-) sounds like it would be a shabby, un- happy place to live, perhaps a slum. ). Group Care Facilities (defined Sec.. ) 100, Vol.2, Page 12. Compo Plan) can or may be (among other in- appropriate things for a residential ne~ghborhood) half-way houses for drug addicts. This in a family neighborhood with permitted homes, schools, parks, playgrounds and. presumably, children. 4. If an R-l or R-2 is rezoned to R-), or has' an R-) implanted wi.thin it.s area. it will reduce greatly the quality of liv~9g for the people in the adjacent homes remaining Rl.-as well as in the newly created R-). (Shown Vol.l. Ex~ibit 2. Comprehensive Plan) I am'sorry I was not able to make myself clear. I did not mean anybody would be likely to start an R-) frem scratch. I meant to point out it was such a bad combination it would be bad to put one in an existing R-I or R-2 district. I hope there will' never be any R-). as proposed, in La Forte at all. ~A. ,'" .; I page ? . 1:cr:. A~d..:"(:v\: '" i Is on e I will appreciate it very much if you will correct the Minutes and if you will include the reasons stated here and on August 15 for my objecting to R-)o 1520 Roscoe Sto La Porte, Texas 77571 f.:.:. _~.: .". ',' . a. n::., ~;.S i;- ':". ~A .s:ar~~~ Adair Sullivan . .,.. . ..... .". . . ... MEMORANDUM TO: Andy Wilson, Chairman, Planning & Zoning Commission, CLP FROM: David A. Paulissen, Zoning Administrator, CLP John Joerns, Director of Community Development, CLP John D. Armstrong, Assistant City Attorney, CLP RE: Proposed Zoning Ordinance, Analysis of Public Hearing Comments DATE: August 29, 1985 Please recall that the Planning & Zoning Commission, CLP held a publ ic hearing on the proposed new Zon ing Ord inance for the City of LaPorte on the 15th day of August, 1985. At this public hearing, extensive citizen input on the proposed Ordinance was obtained. After the close of the publ ic hearing, the Planning & Zoning Commission directed staff to identify and review the public comment received on the proposed Ordinance, and present it to the Commission in a . format, that relates each particular citizen comment to the section of the Ordinance effected by the citizen comment, together with a staff analysis of the citizen comment in relationship to the proposed Zoning Ordinance, and in relationship to the Comprehensive Plan as adc;>pted by the Planning & Zoning Commission of the City of LaPorte. This letter contains the review analysis of the citizen input Ordinance and the comprehensive Planning & Zoning Commission. of the citizen input and the staff in relationship to .the proposed Plan that was requested by the The writers have spent extensive time reviewing the citizen ,input, and placing the citizen input into an organizational format that clearly relates to the proposed Ordinance and Comprehensive Plan. Each citizen comment will be identified, followed by a short staff impact analysis of the comment in relationship to the Ordinance sections effected by the citizen comment, followed again by a staff analysis of the proposed Ordinance section and the citizen comment in relationship to the Comprehensive Plan. Staff makes no clear recommendations regarding acceptance or rejection 3ft 'Chairman \vilson and.....9mbers of the Commission A._., . Ci ty of LaPorte _ Page 2 of any particular citizen comment that recommends a change in the proposed Ordinance, but rather would commend to the attention of the Commission the requirement that the proposed Ordinance, together with any changes that the Planning & Zoning Commisssion might care to make in the proposed Ordinance be clearly and identifiably related to the Comprehensive Plan. Citizen comments are not necessarily placed in the order received by the Commission, but are reorganized for purposes of clarity. Relatively minor issues are tackled first, with major policy decisions being reserved to the end of this presen- tation. \ihat follows, then, is the staff analysis received at Planning & Zoning Commission IS August l5, 1985: of the citizen input .public hearing held on 1) Definition of Commercial Motor Vehicle and Light Truck: Comment was received which indicated that both definitions should include a phrase that a commercial motor vehicle or a light truck is one which is larger than one ton. Changing the definition would allow the typical residentially owned and based welding trucks to be parked in residential areas without screening or other impact abatement. These trucks are usually one ton rated trucks that don't cause permanent pavement damage. On the other hand the one ton truck is usually cumbersome and aesthetically unpleasing. They may be difficult to keep on site due to the size. Sometimes corner lot truck owners desire additional curb cuts off of major arterials. It should also be noted that some hazards might exist to children from these trucks. Also, the City Thoroughfare Plan indicates as an objective that truck traffic should be limited to designated truck routes. Defining commercial motor vehicles and light trucks to include one ton vehicles means that parking of these one ton vehicles would be permitted in residential areas. ANALYSIS: The comprehensive Plan includes no specific prohibi- tion against these trucks in residential areas and it would seem that the truck traffic contemplated by the thoroughfare plan to be restricted to truck routes does not specifically include one ton vehicles. Therefore, changing the definitions to include one ton vehicles would not frustrate the intent of the comprehensive Plan. 2) Fence: Ci tizen comment indicated that this definition should include wrought iron fences or acceptable steel mesh fences. The definition of fence relates specifically to decorative or security fences placed on residential, commercial, light -Chairman wilson and ~..~ bers of the Con~ission City of LaPorte -- Page 3 industrial, and industrial properties. For these purposes, staff sees no problem with including wrought iron fences within the definition. However, inclusion of "acceptable steel mesh fences" within the definition would seem to permit ambiguity and an inconsistent standard for enforcement which would allow discretion for acceptable fences to be placed on City staff. ANALYSIS: Amend the definition to include wrought iron fences, but leave out "acceptable steel mesh fences II. It should be noted that staff sees no impact based upon the goals set forth in the comprehensive Plan. 3) Height: Citizen comment indicated that the definition should include a permissible height of forty-five (45) feet from grade. Since heights are already regulated within the body of the Ordinance, in Section 5-700 Table B (Residential), Section 6-500 Table B (Commercial},and Section 7-600 Table B (Industrial) inclusion of regulatory material in the definition section of the Ordinance would be inappropriate. ANALYSIS: Leave tllis section of the Ordinance unchanged. 4) Ranch Trailer: Citizen comment indicated that a definition of ranch trailer was not included in the proposed Ordinance. Inclusion of a definition of ranch trailer would allow ranch trailers to be parked as an accessory use in residential zones. Allowing ranch trailers to be parked in residential zones is important, particularly in the Lomax area, and should be permitted under the current ordinance. Allowing ranch trailers to be parked in the Lomax area would be in furtherance of the Comprehensive Plan objective of allowing continuance of large lot rural residential uses in the Lomax area. Therefore, the definition should be included, and should be consistent with the definition currently utilized in the City's truck route ordinance. ANALYSIS: Include the definition consistent with the City's truck route ordinance. 5) Loading Berth: Citizen comment indicates that there is a need in the Ordinance for a definition of loading berth. Again, inclusion of this definition neither furthers nor detracts from the goal of the Comprehensive Plan, and it is deemed by staff that inclusion of a definition aids in the clarity and consistency of the Ordinance from an enforcement standpoint. 'Chairman Wilson and '\mbers of Commission , Ci ty of LaPorte . Page 4 ANALYSIS: Include a definition of loading berth, consistent with the definition currently found in Ordinance 780. 6} Section 2-703: Citizen comment indicates that this section which refers to the determination of zoning district boundaries, is difficult to understand and apply. Further citizen comment indicates it is not applicable to large tracts under single ownership which have several zoning districts within the property boundary line. It appears that this section as written would have clear and effective application on small (less than lOO feet' in width) tracts of land. However, large tracts might present a problem in that large areas of land might be effectively rezoned based upon the application of this ordinance section, and contrary to the intent of the Planners, the City Planning Commission, and City Council. As opposed to changing the use of certain property due to inclusion of that property within different district boundary lines, City staff would recommend that the current decision rule as applied in Ordinance 780- Section 9105 continue to be applied. The Current Ordinance section indicates that in the case of a district boundary line dividing a property into two parts, the district boundary lines shall be construed to be the property line nearest the district boundary line as shown. By maintaining this decision rule, the in-tent of the Comprehensive Plan is not frustrated and a boundary line determination system is maintained that the staff, the Commission, and local developers are comfortable wi th . ANALYSIS: to language 780. Change Section contained in 2-703 Section of the proposed 9-105 of current Ordinance Ordinance 7) Section 2-800: Ci tizen comment indicates that this section, which establishes the land use districts under the proposed Ordinance in the City of LaPorte, indicate, based upon "restrictions", which uses are more restrictive and which are less restrictive. It should be noted that the proposed Ordinance, unlike our current zoning Ordinance, does not provide for the inclusion of residential uses in commercial or industrial districts, or commercial uses in industrial districts, unless said residential, commercial, or light industrial uses are specifically allowed within a particular district as a permitted, conditional, or accessory use as listed in the SIC Tables for each particular zoning classification. The proposed Ordinance, through the use of the SIC Codes, clearly outlines which uses are permitted, 'Chairman Wilson and e.-mbers of the Commission _ . Ci ty of LaPorte . Page 5 conditional, or accessory within each particular district. The terms "more restrictivell or "less restrictive II do not apply in the proposed zoning Ordinance, and are not a useful means by which to study the proposed zoning Ordinance. By way of further explana tion, it should be noted that a reference to "more restrictive", or "less restrictive", was contained in, Section 2-703. In the previous section, staff indicated, consistent with the philosophy of the proposed zoning ordinance, that this reference to "more restrictive", or "less restrictive", be removed. Therefore, if the previous analysis is followed, reference to "more restrictive", or less restrictive", is moot, and should not be attempted. ANALYSIS: Make no change in Section 2-800 of the proposed zoning Ordinance. 8) Seeton 4-103: Citizen comment indicates that this section, which applies to setbacks in the case of through lots, does not state whether the minimum setback of twenty (20) feet applies to the rear yard or the front yard. Again, this is a matter of administration and has little impact upon objectives as set forth in the Comprehensive Plan, except for the general observation that all required yard setbacks improve the safety and appearance of the City. It should be noted that the requirement covered in Section 4-l03 is substantially similar to our current requirement for setbacks on double fronted lots as contained in Section 10-400 of Ordinance 780. ANALYSIS: Clarify according to the comment, and designate that the minimum rear setback shall be twenty (20) feet in the case of a through lot in a residential district. 9) Section 4-l04: Ci tizen comlnent indicates that this section should be revised to effectively remove setbacks in the case of commercial developments. Again, it should be noted that setbacks in residential, commercial, and other developments do generally further the goals of aesthetics and particulary safety as set forth within the Comprehensive Plan. It should be noted that the Planning & Zoning Commission has already required commercial setbacks of twenty (20) feet in the recently passed Development Ordinance. ANALYSIS: In furtherance of the objectives set forth in the Comprehensive Plan, it is recommended that there be no change to this section. lO) Seeton 5-404 (2)(a)(2): citizen comment indicates that this section, which pertains the proximity of R3 structures from a public or private street Chairman Wilson and r~bers of the Commission City of LaPorte e Page 6 should be increased to correspond with the fire code requirement that any residential buildings may be located within five hundred (500) feet from a fire hydrant as the fire hose would lay. It should be noted that the requirement mentioned in the citizen comment pertains to single family dwellings and Section 5 -404 (2) ( a) ( 2 ) concerns i tsel f with the di stance tha't mul ti- family developments are located from a public or a private street. The current City of LaPorte fire code treats apartment and other multi-family dwelling units as commercial, since they are located in commercial zones under the current zoning Ordinance. This current fire code requirement states that commercial structures are to be located within 300 feet of a fire hydrant as the hose would lay. Section 5-404 (2)(a)(2) of the proposed zoning Ordinance does not address itself to fire hydrant placement but rather addresses the distance that a mUlti-family structure should be located from a public or private street. ANALYSIS: Both the distance of multi-family dwelling units from a public or private street and the distance of said structures from fire hydrants (as the hose would lay) are valid locational criteria. For purposes of all emergency vehicular access to said structures, 300 feet would seem to be a reasonable distance, based upon current fire code practise and based upon the requirement of 200 feet contained in the proposed Ordinance locational criteria requirements. ll) Section 5-404 (2)(a)(5): Citizen comment indicates that the maximum length of a cul-de- sac street should correspond with the length allowed by the Federal Housing Administration and may be permitted as long as the street has the standard fire hydrant spacing as required by the fire department. Note that this section applies only to private streets and multi-family developments. The maximum length of 300 feet is measured to the nearest right-of-way line of the intersecting public or private street. This ~tandard is based on the reasoning that as dead-end length increases, general circulation becomes more indirect, the number of vehicles and traffic activity increase, emergency vehicular access becomes more difficult and liable to misdirection, increased problems occur for refuse collection, and dead-end utilities would become a problem unless mitigated by proper planning. ANALYSIS: Therefore, it is recommended that this section of the Ordinance be left unchanged. l2) Section 5-501: Citizen comment indicates that other residential and supporting uses may be permitted within the manufactured housing district but that the supporting uses which are permitted are not defined. 'Chairman wilson and.mbers of the Commission ~ City of LaPorte _ ... Page 7 Accessory, permissable, and conditional uses allowed in the MH and all residential districts may be found in Section 5-600, Table A (Residential) of the Ordinance. This is an exclusive and exhaustive list. ANALYSIS: Since supporting uses which are permitted in the MH district are defined, no change would be recommended based upon the comment. 13) Section 5-600: Ci tizen comment indicates that a definition of single family- dwelling special lot is needed. Section 5-600 Table A (Resi- dential) specifies which uses are liable in the various resi- dential districts, and it should be noted that single family dwelling special lot is a use permitted in R-2, R-3, and MH zones. However, it is not defined in the definitional section of the Ordinance. A single family dwelling special lot is intended to mean any single family dwelling located on a lot of less than 6,000 square feet. Attention to Section 5-700 Table B (Residential) will show that the miminum proposed lot area for a single family dwelling special lot is 4,500 square feet. In our current Ordinance, provision is made for down sized homes, but it is necessary that they- be located on the same minimum lot size that regular single family detached dwelling units are located on. This Ordinance makes special reference to down size lots in both the case of a single family dwelling special lot and single family dwelling zero lot line. ANALYSIS: Include a definition of single family dwelling special lot to mean a single family dwelling unit on a lot area of less than 6,000 square feet but greater than 4,500 square feet. l4) Section 5-700, Table B (Residential): This table deals with lot areas, setbacks, heights, and lot coverages as well as density in a residential district (including manufactured housing). Citizen comment on this 'section is pervasive. Each issue addressed by the citizen comment will be analyzed separately. First, citizen comment indicates that the maximum height permissable on a residential dwelling unit should be increased to forty-five (45) feet from the currently proposed thirty-five (35) feet for all residential uses. The Comprehensive Plan does not detail particulars such as height requirements, but does provide a residential objective of relative uniformity of particular heights within districts (such as Rl as opposed to R2, etc.). Current requirements for height in single family detached dwelling units are two stories above standard grades which would enable a house to be placed on piers in the case of a home built in the flood plain, which . Chairman \'lilson and Ambers of the Commission A " City of LaPorte ,.., _ Page 8 is a problem prevalent in the LaPorte area. The citizen comment indicates that increasing maximum height restrictions on single family detached dwellings to forty-five (45) feet from thirty- five (35) would allow homes to be built on stilts, and also would allow homes to have the grade buildup of a brick facade on the grading. Thirty-five (35) feet of height should allow for standard two story homes built on stilts, particularly when taking into account the fact that height, as defined, in this Ordinance, takes the average of the roof height above grade, as opposed to measuring from the peak of the roof to grade to obtain your height figure. Therefore dwelling units could actually be in excess of thirty-five (35) feet from the- peak of the roof to grade, but would not be measured as such under standard code procedures in this Ordinance. In addition, it should be noted that our proposed flood zone Ordinance in all cases, either maintains current flood zone standards, or actually decreases flood zone requirements. Increase of a residential permissable height in a single family detached dwelling unit district would possibly provide for a lack of uniformity among adjoining homes in a particular neighborhood. On the other hand, there would be no impact regarding the ability of emergency equipment to service a forty-five (45) foot home, and in any case forty-five (45) feet as a permissable height for duplexes, townhouses, or multiple family dwelling units would not seem be inappropriate. ANALYSIS: Leave the height restriction at thirty-five (35) feet for single family detached, and discuss the need to in- crease the height limitation to forty-five (45) feet for dup- lexes, townhouses, quadraplexes, and multiple family dwelling units according to citizen comment. The next citizen comment on Table B relates to density for single family detached dwelling units. Citizen comment indicates that density should be increased from 4.5 dwelling units per acre to 4.8 dwelling units per acre. Also, in multiple family dwelling units citizen comment indicates that the density should be increased from the currently proposed 25".6 dwelling units per acre to 27 dwelling units per acre, which is the current requirement under Ordinance 780. The subject of resi- dential density received exhaustive coverage and debate by the Steering Committee. Review of the Citizen Committee Report, together with pertinent sections of the Comprehensive Plan, reveal mixed ideas regarding density figures. The issue is of major importance when correlated to LaPorte's long term popula- tion projections, the ability of the City to provide services for a fixed number of population, and overall crO\\Tding and urban density wi thin a 1 imi ted geographic area. However, the changes are minor and would materially impact the City's ability Chairman wilson and ~bers of the Commission La Porte, Texas . Page 9 to provide services in the long run. Increased density also means increased tax revenues, increased parkland dedication, and a greater investment return to the developer. Taking either set of density figures (out of those proposed in the Ordinance, or those proposed in the citizen comment), the application of the Development Ordinance, the Zoning Ordinance, and other Ordinances to any developments will assure adequate open space, and parkland for residents by developments within the City of La Porte. It should also be noted that the parti- cular density per acre figures for the various residential uses correlate directly to the yard sizing and coverage require- , ments expressed in Section 5-700. However, the changes sugges- ted are minor and it would seem that even the new proposed density figures would corrulate with the yard sizing and cover- age requirements contained within the current Ordinance. ANALYSIS: Even though the Steering Committee had mixed feelings regarding the particular density and lot coverage requirements in Section 5-700, Table B (Residential), it should be pointed out that the lot area, setback, density, and lot coverage requirements as expressed in Section 5-700, Table B (Residential) are premised upon the Comprehensive Plan, and were arrived at after exhaustive discussion by the Steering Committee. The Planning & Zoning Commission is free to look at these require- ments and discuss them from the Steering committee's, Citizen's, and the Developer's perspective, however the numbers as presented in Table B (Residential) should be given deference based upon the exhaustive review that had been performed by the Steering Committee. However, 4.8 dwelling units per acre density for single family detached, and 27 dwelling units per acre density for multi-family dwellings are also clearly within acceptable density perimeters for density within the respective districts as set forth in the land use plan, and a change to the suggested figures should not negatitively impact the Comprehensive Plan or frustrate its intent. 15) Section 5-800 C: Citizen comment indicates that this section which provides that architectural appearance and functional plan of buildings that are permitted by conditional use permit procedures should be consistent with existing buildings and the residential area in which they are located is overly broad and lIimpossible to enforce in regard to all property ownersll. Ordinarily, a section regarding the architectural appearance and functional compatibility of a particular proposed use to the surrounding area would be too subjective and difficult to enforce fairly. However, Section 5-800 deals with special conditional use performance standards in residential neighborhoods. This means that any use so effected would be in the conditional use permit ,Chairman Wilson and~bers of the Commission ... . City of LaPorte ,., ~ Page 10 procedure, and particularly would deal with residential PUD's, or manufactured housing parks within residential neighborhoods, or MH districts, respectively. Since the conditional use permit procedure specifically deals with a case by case approval of a project, within the guidelines as established in the Ordinance, it would seem that a subjective compatability standard is appro- priate, particularly since only uses that would have a major impact, on the surrounding neighborhoods are subjected to the Conditional Use Permit procedure. ANALYSIS: Leave this section as is. 16) Section 6-500: Citizen comment indicates that the a maximum height in Neighbor- hood Commercial districts should be increased to 45 feet from the presently proposed 35 feet. The proposed change of 35 feet to 45 feet would not adversely effect any use established in the Comprehensive plan, and it would not deter the ability of the City to provide fire protection to neighborhood commercial uses. Increasing the height from 35 feet to 45 feet would bring Neighborhood Commercial district height requirements into line with General Commercial district height requirements and mUlti-family Residential district height requirements. ANALYSIS: Change the height requirment in neighborhood commer- cial from 35 feet to 45 feet. 17) Section 6-600: Ci tizen comment indicates that glass covered lights should be allowed without being subject to having a sourcehooded or directed away from a right-of-way or residence. The intent of this section is to prevent lighting from causing a traffic hazard to right-of-ways and prevent excessive glare into a residence. This proposed change would allow the use of a typi- cal mercury vapor yard light. On the other hand, this type of un-hooded lighting can cause excessive glare to a' residence. Vapor lighting is usually not directionally intense enough to cause traffic hazards except in the case of heights of less than l2 feet. ANALYSIS: Hercury vapor lights can be hooded or screened to prevent the light source from being visable from a right-of-way or residence. This requirement should remain as written as there is some liability involved to the City with the removal of this requirment. 18) Section 6/600 (B)5: Citizen comment indicates that the additional five foot set back required behind the screening fence for every foot of height of .Chairman Wilson and~. bers of the Commission ~ , Ci ty of LaPorte . . Page 11 stored material above that fence should be deleted. This requirement was intended to screen stored materials from rights- of-way and public view. Such screening would prevent the visa- bility of large unsightly stored items. On the other hand, it makes it increasingly difficult for commercial contractors to store large equipment such as cranes, back-hoes, etc. and have them screened effectively. It is a goal of the Comprehensive Plan to improve the overall image and appearance of the community. The screening and setback requirements in this section further that objective. ANALYSIS: Planning and Zoning should carefully consider the goals of the comprehensive plan for screening versus the pratical aspects of the application of this section and make a decision therefrom. 19) Section 8-200: Ci tizen comment indicates that clarification is necessary on which rules apply to a P.U.D. District and which rules apply to a P. u. D. developed within a residential, commercial or industrial district. Due to the complexity of planned unit developments in general, the regulations concerning planned unit development with in the ordinance are quite detailed and specific. Carefull study is indicated in order to ascertain the differences between which rules apply to a P. U. D. District and which rules apply a P. U. D. within a residential, crnnmercial or industrial distri- ction. In Section 8-200, It is indicated that in land zone P. U. D. on the zoning map, all uses that are permitted in the residential, commercial, and industrial districts are permitted in that P. U. D. zone. This is different from material covered in Article lO, which relates to a Planned unit development within a residential, commercial or industrial district in which the allowable use would be limited to the allowable uses within the particular residential, commercial, or industrial district. 20) Section 8-402 (8): Citizen comment indicates that this section needs to state the dwelling unit per acre requirments for a P. U. D. District. The Section in this case is clear that dwelling unit density requirements within a P. U. D. Zone for each particular use are to be in general complaince with the applicable district provi- sions. Therefore, density for the residential portion of the P. U. D. or commercial portion of a P. U. D. etc. shall be identical to the residential density in a regular residential district, or a commercial density in a commercial district. Provided, however that in Section lO-103 of the Zoning Ordinance, a density bonus is allowed and enables developers in either a Chairman Wilson and _mbers of the Commisssion __ City of LaPorte Page 12 P. U. D. Zone or developing a planned-unit development within a particular zone to increase their densities according to the terms of the ordinance. 2l) Section 8-402 (10): ci tizen ccrnment indicates that the requirement that the planned unit development be in conformance with the Comprehensive Plan be deleted. As noted above, there is a legal requirement that all zoning be pursuant to and based upon a Comprehensive Plan. This is particularly true in the case of a planned unit development in that the particular uses proposed in the planned development unit are proposed by the developer and are not set forth in concrete like permitted uses within a particular zone. If this section would be deleted, the legal basis for inclusion of Planned Unit Developments within the zoning ordinance would fail and planned unit developments would not be available for developers in the community. ANALYSIS: Keep this requirement in the ordinance. 22) Section 8-403: Citizen imput indicates that the 12 month limitation on conditional use permits is too short and should be lengthened to 3 to 5 years. The intent in the Comprehensive Plan is that this require- ment allow the city to maintain at least minimal, control of growth without an open ended blanket approval. This 12 month period is for conditional use permits only. The conditional use is a use within a zone that may have substantial impact on the zone where it is located. It is usually the most intense use allowed within a zone. These permits require planning and zoning and council approval. This limitation allows time for development but is limited to l2 months with an additional 12 months when an extension is granted. The time period is limited in case the conditions of the surrounding area change in a manner,that would effect the P. U. D. and i ts respective condi tinal use permit. Three to five years allows too much time for the rest of the area to change. Structures built in that period could have a substantial impact on 'the P. U. D. and the City as a whole. It should be further noted that there has been a major problem in the past for the planning and zoning commission and City Council to approve re-zoning on a particular piece of property wi thin the city based upon a particular proposed use, only to find that the propsed use does not take place for whatever reason, but the end result being an excessive amount of vacant land lying within the City without effective zoning control, and without develop- ment. By placing an automatic termination on a conditional use permit, these high-impact uses will not be allowed to continue indefinitely, but rather will force the developer to keep in . Chairman \<Tilson and ....bers of the Conunission .... _ . City of LaPorte ..,.. Page 13 constant touch with the City Staff, the Planning and Zoning Commission and City Council to monitor the progress of the deve- lopment and the developer's desire to see the development through to completion. Any developer who is serious about developing property will find it to be in his or her economic interest to proceed with the completion of that development as quickly as possible, particularly in cases where property is lying vacant and developers are paying an interim construction financing loan. Finally, the proposed Zoning Ordinance outlines specific standards that must be met in order for a developer to obtain a conditional use permit on a particular piece of property. If the standards are met by the developer, the developer is in compliance with the ordinance,and the developer should be entitled to obtain a conditional use permit, and should also be entitled to obtain extensions and reapproval of the conditional use permit by the planning and zoning commission and city Counc il. Addi- tional effort is required by this ordinance on the part of the developer to stay in constant contact with staff in one year increments, but this would not seem to be an unreasonable require- ment in place of the alternative of letting land lie vacant with the conditional use permit for an indefinite period of time, and without Planning and Zoning Commission or City Council control of the continued changing use surrounding the propety. ANALYSIS: Leave this section as is. 23) Section 8-404 (B): Citizen comment indicates that a minor change in a major or minor development site plan should not require resubmission of a new general plan. This is in the Ordinance section that provides and indicates that if a developer1s plans change, the developer should notify City staff of the change by the filing of a new General Plan. Please recall that in the Development Ordinance that was recently passed, the General Plan deals with developments that are constructed in stages. Thus a change in the order in which the stages are constructed, or a change in the type of construction that would be utilized within a particular stage, requires under the terms of the Development Ordinance, a new General plan filing. Section 8 404 (B) correlates the approval procedure for a P. U. D. within a Planned Unit Development District with the Development Ordinance submission requirements. In order for a developer to build a P. U. D., both the Development Ordinance requirements and the Zoning Ordinance requirements must be met. In the case of IIminor change II in a Hajor or Minor Development Site Plan, resubmission requirements for a new General plan or a Major or Minor Development Site Plan is covered by the terms of the Development Ordinance, with the zoning ordinance reference being to the particulars contained wi thin the Development Ordinance. . Chairman Wilson and~mbers of the Commission 4t City of LaPorte . Page 14 ANALYSIS: Do not change this section, but perhaps make a clear reference to the Development Ordinance sections that apply. 24) Section 10-101 (4): Ci tizen comment indicates that this section, which again deals with construction schedules for multistage planned unit develop- ments should be approximate only and used as a general guideline, as opposed to being a concrete start and end date. The intent of the section is to provide only approximate starting dates and. completion dates, and to the extent that the section mandates definite starting and completion dates of construction, the wording should be changed to give general guideline dates. ANALYSIS: In the last sentence of Section 10-10l (4), the word "approximate" should be inserted before starting date and comple- tion date of the complete development plan. 25) Section lO-lOl 6(C): Citizen comment indicates that the term "sufficient amount of usuable open spacell in this section is somewhat vague. This is the section that outlines the basic requirements that a P. U. D. must meet in order to gain i ts conditional use permit. As with other sections in the P. u. D. area the term II sufficient II is used to allow the developer to have increased flexibility which is one of the basic advantages in developing a P. U. D. Note that in other areas of this section the quote is made that the P. U. D. should be in substantial complaince with the regulation of the uses that will be developed within the parameters of the P. U. D. The intent of ,the Plan was that sufficient in this usage should correlate with the open space requirements for the particular uses that will be developed within the planned unit development. This section is nonspecific in order to allow f1exabili ty to the developer in the design of a planned unit development. Any amendment to this section that wquld define II sufficient amount of open space" would remove flexibility from the planned unit development procedures. ANALYSIS: Leave this - section as is or add a qualification to this section that relates the term IIsufficient open space" to general compliance with the open space requirements outlined elsewhere in the ordinance. 26) Section 10-l02 (e): Citizen comment indiates that there is no need for the review of deed restrictions by the City Attorney to insure that they comply with F. H. A. Deed Restrictions. The review of these deed restrictions by the City Attorney is needed to insure compliance with both the F. H. A. Requirements and deed restriction require- ments as they may appear elsewhere in this document. As deed . Chairman Wilson and Jaimbers of the Commission Ci ty of LaPorte . . Page 15 restrictions are legal documents required by th City of La Porte, the City Attorney must review for complaince with state and other pertinent laws and standards, and also to ensure that the Ci ty of La Porte is not liable for inappropriate material that may be contained within these deed restrictions. ANALYSIS: Leave this section as written. 27) Section lO-103: Citizen comment indicates that the heading of this subsection should indicate whether or not it pertains to planned development, units within P. U. D. districts or planned unit developments contained within a particular district. The heading of the entire section 10-lOO series within the ordinance pertains to planned unit development procedures which would indicate that it references to either planned unit developments within the P. U. D. Districts or planned unit development contained within a particular district. ANALYSIS: For purposes of clarity, add the title material requested. 28) Section 10-l04: Citizen comment indicates that the heading of this section should indicate that it pertains to P. U. D.'s. ANALYSIS: See comment on 27 supra. 29) Section 10-201 (4): Citizen comment again indicates that the one year limitation on conditional use permit should be extended to a three to five year period. ~~ALYSIS: See discussion of item No. 22 above. 30) Section 10-302 (7): Citizen comment indicates that this section, which prohibits accessory uses or equipment such as air conditioning cooling structures or condensors from being located in required sideyards should be amended to allow air condi tioning/ cooling structures and condensers within said required side yards. This section was intended to prevent noise producing equipment from being located adjacent to the neighbor's bedroom window. This provision could help relieve noise pollution and the some what unsightly units from the side yards. Modern technology has, however, resulted in a much quieter unit that is usually not offensive to the neighbors. It should also be noted that some floorplans of ,Cnairman Wilsom and imbers of the Commission . City of LaPorte e Page l6 certain homes dictate the location of this within the side yard. The Des ign of modern residential developments tends to provide for this contingency, by staggering or al ternating the location of air conditioning equipment so that said equipment is not located next to or close to adjoinging residential structures. However, it should also be noted that placement of said units in a side yard tends to discourage access from a front yard to a rear yard, particularly in cases of dense development. Finally, it should be noted that this section applies only to accessory uses or equipment being located in required side yards. There- fore, if an individual has a side yard in excess of the basic requirements, the said cooling structures or equipment can be, located in the side yard, to the extent that the required setback is maintained from the cooling structure equipment to the property line. ANALYSIS: Amend this section to allo\'1 air conditioning cooling structures and condensers in required side yards. 31) Section 10-603: Citizen comments indicates that this section, which generally requires a submission of Certified Site Plan drawings in case of building and zoning permits, but also further particularly "en- courages" developers to submit a Certified Site Plan in case of resurfacing of an existing parking lot, be amended to not encou- rage the submission of a Certified Site Plan in case of the re-surfacing of an existing parking lot. The intent of this section is to encourage re-surfacing of an existing parking lot in compliance with the new parking standards as established in this ordinance, which also would mean adherance to new and appro- priate standards regarding maneuverability and parking lot design, together with drainage improvements that might be necessary to alleviate flooding. It should be noted, however, that any exi- sting parking lot is a legally established pre-existing use under the terms of this ordinance, and complaince with this section cannot be mandated, without radically changing the treat- ment of pre-existing uses in the ordinance as a whole~ In fact, strict application of this section might encourage a developer to actually not resurface an exiting parking lot when re-surfacing is actually called f~r for basic safety and maneuverability reasons. ANALYSIS: Remove the language in this ordinance section encoura- ging the applicant to submit a Certified Site Plan that adheres new design standards for parking lots that are to be resurfaced. 32. Section lO-605: Citizen comment indicates that this section, which prescribes design standards or requirements assessory to parking under this . . Chairman Wilson and embers of the Commission e City of LaPorte - Page 17 ordinance be amended to allow parking II in all set-back areas II. This section of the ordinance does not prohibit parking in any particular set back area, and in deed the ordinance as a whole only prohibits parking in set-back areas in the case of parking lots of five or more spaces that directly abut a residential district (in which case the ordinance requires that the parking lot be screened from the abutting residential district), or in the case of property being located on a designated parkway, no use shall be provided, including parking within twenty (20) feet of the parkway right-of-way. These are the only two instances in the whole ordinance in which parking and set-backs conflict. The design standards and criteria established in this ordinance are much more liberal than our current parking design standards and requirements. Further, from a standpoint of legal liablity, the City of La Porte must require driveway and parking lot design to specifically mitigate the chances of vehiculuar accidents so that the City of La Porte would not be in a liability posture in the case of accidents that could be attributed to poor driveway design. ANALYSIS: Do not amend section lO-605 of the Ordinance. 33) Section ll-lOl: Ci tizen irnput on this section indicates that developers issued building permits prior to the effective date of this ordinance should be allowed to continue their construction as per the building permit which they were iss ued. This section states that construction must begin within a six month period. If it is not the building permit is void. This comment is taken directly fram the building code and in no way prevents current construction from continuing if permitted before the effective date of the ordinance. ANALYSIS: Leave this section as written. 34) Section 11-102: Ci tizen comment requests that this section of the ordinance, which deals with the expiration of building permits issued under this ordinance and the Southern Standard Building Code adopted by the City of La Porte be deleted. The ordinance provides that the failure to commence any work described in a building permit issued under this ordinance within 180 days from the date of issuance of the permit, causes building permit to expire and be cancelled. This requires the applicant to apply for and be issued a new building permit prior to subsequent commencement of work. It should be noted that this language is copied verbatim from the standard building permits currently issued by the City of La Porte under the terms of our current ordinance no. 780, the Southern Standard Building Code that has been adopted by the Chairman Wilson and~mbers of the Commission 4t Ci ty of LaPorte . " Page 18 City Council of the City of La Porte, and the proposed ordinance. Removal of this section from the Ordinance would not remove the requirement, since this ordinance section correlates Zoning ordinance requirements to existing building code requirements, so that builders will have every opportunity to know that the requirement exists, and so our zoning regulations are clear and consistent with our building code regulations. ANALYSIS: Leave this section of the ordinance as is. 35) Section ll-606(2)(c)(2): Citizen comments indicate that the definition of lIunneccessary hardships II, as defined, be changed to include economic hardship as well as physical hardship. State law and court cases clearly and repetitively specify that lIunneccesary hardshipll shall mean physicial hardship relating to the property itself as distinguished from hardship relating to convenience, financial considerations or caprice and that the hardship must not result from the applicant or property owner's own actions. The City of La Porte would adopt an ordinance that is not consistent with State Law and court decisions if this definition was changed to include mere economic hardship. ANALYSIS: This section of the ordinance should remain as is. 36) Section 11-612: Citizen comment recommends that an applicant who is denied a variance, special exception or appeal would not be able to reapply for a new variance, special exception, or appeal from a determina- tion of the zoning administrator from the board of adjustment for a period of six months after the original denial. This would change the proposed zoning requirement that would deny reapplication for a period of one year from the date of the original denial. Current Ordinance 780 provides that there should be no reapplication for a period of one yea~ from the date of original denial. This provision has not caused difficulty and has not been a problem in the past. Shorting the period from one year to six months might make this ordinance section a problem due to increased work load on the board of adjustment and city staff. ANALYSIS: Leave this section of the ordinance as is. 37) R-3 Zone: Citizen input indicates that the high density residential zone in the proposed Ordinance is not necessary, particularly since there might be cases in which these districts would be adjoining traditional low density single family detached residential zones, Chairman ~lilson and ~mbers of the Commission .- Ci ty of LaPorte .., Page 19 which might adversely impact the R-l zone property values in such cases. The intent of the Comprehensive Plan is to place high density residential developments into a high density residential zone, as opposed to the current Ordinance' s placement of high density residential uses in the broad based commercial classifi- cation. Further, tbe Comprehensive Plan indicates that provision of bigh density residential dwelling units is crucial for the future ecomomic development of the City. The Steering Committee ratified the sentiments of the Planners and the Comprehensive Plan by suggesting that a high density residential district be provided in the Zoning Ordinance. There would seem to be little if any evidence to indicate that location of an R-3 adjacent t6 an R-l zone would have any ad verse impact upon the R-1 zone property value, particularly if the screening and setback require- ments of the proposed Ordinance are met. ANALYSIS: Retain the R-3 residential district provisions in their current form. 38) P.U.D. Districts: Citizen comment indicated a concern about the placement of planned unit developments within an existing or proposed R-l neighborhood. The proposed Ordinance contains strict locational and impact abatement criteria that should mitigate significantly the impact of any P. U. D . within any R-l neighborhood. For example, the proposed Ordinance requires a minimum size of three acres in order to place any P. U. D. wi thin an R-l zone. This will effectively alleviate tbe placement of a P.U.D. into such a zone, except in cases in which significant vacant land exists (in an existing neighborhood), or in cases of new subdivision or site plan development in undeveloped areas. In addition, P.U.D.' s within R-l zones must comply with all R-l district regulations on the perimeter of the P.U.D., including density, setback, and lot coverage requirements, so that R-l homes abutting the P.U.D. will face R-l development identical to R-l development required in any case. Further, the Comprehensive Plan contemplates P.U.D. development as an effective planning and development tool for all districts, providing developers with flexibility in the development design. ANALYSIS: Keep the plan unit development regulations in their current form. 39) Greenway Corridors: Citizen comments has indicated that the term "Greenway Corridor" needs to be defined; that the Comprehensive Plan does not appropriately designate Greenway Corridors and these corridors , . Chairman Wilson and .mbers of the Commission . City of LaPorte Page 20 are not located so as to provide the highest and best use of certain property; that when Greenway Corridors are located by the Comprehensive Plan on the zoning map, that the City of La Porte should purchase them: and there should be no additional setback requirements imposed on uses located adjacent to Greenway Corri- dors. It is clear that a definition for Greenway Corridor needs to be included in the Ordinance. Further, the Ordinance contains detailed and complex requirements regarding said Corridors. These requirements need to be discussed very carefully by the Planning and Zoning Commission and a determination needs to be made regarding the relationship of these Ordinance sections to the goals established in the Comprehensive Plan. The Comprehen- sive Plan establishes city-wide networks for open space, recrea- tional facilities, parkland, and conservation needs. If these goals are to be adopted as desirable by the City Council, provi- sions should be made for parkland location, open spaces, recrea- tional facilities, and conservation areas and other areas of scenic preservation on the map and within the text of the Zoning Ordinance. The Steering Committee, based upon the recomendation from the planning consultants, adopted these objectives as sound. The Planning and Zoning Commission, when it passed the Open Apace and Pedestrain System Plan, the Recreational Facilities Plan, and the Beautification and Conservation Plan also adopted inclusion of these amenities and needs as a litigimate goal for the City of La Porte. The Zoning Ordinance and Zoning Map as proposed attempts to provide for the above-mentioned goals and needs, and also attempts to establish locations for these ameni- ties. As proposed, Greenway Corridors are locations of parks, conservation areas and related open spaces upon certain desig- nated zoning map locations. The vast majority of these map designations are included in currently existing public right-of- way. The Ordinance also requires that properties developed adjacent to any designated Greenway Corridor at a minimur.1 setbac]< of twenty (20) feet from said Corridor. The setback is from either the Greenway Corridor itself or the rightof-way line. The setback pertains to all developments, from single family residential to industrial. Maintenance of the setback areas is by private citizens and by the public sector on the public right- of-ways. This maintenance scenario sets up a situation of ack- ward maintenance responsibility. ANALYSIS: Greenway Corridors need to be defined in the Ordinance. All Greenway Corridors should be privately owned and subject to the setback requirement, except for Greenway Corridors located adjacent to single family residential developments, in which case the setback would only apply if the development is located adjacent to a designated conservation district, located as such on the zoning map. In the case of multi-family developments, the setback would apply next to the Greenway Corridor, however, the mul ti- family developer would receive credit under the Parkland Dedication Chairman Wilson and embers of the Committee City of LaPorte . Page 21 Requirement of the City of La Porte Development Ordinance and would also receive a density bonus in the Zoning Ordinance. The Greenway Corridor may become a public Greenway Corridor when and if it is designated as such on the zoning map. Public Greenway Corridors are to be acquired by the City of La Porte and main- tained by the City of La Porte. For the purpose of this section all commercial and industrial uses \V'ill be treated in the same manner as single-family residential uses. The City of La Porte should purchase and maintain or allow the development to proceed without meeting the setback requirements accept in zoning map designated conservation districts. 40) Parkway Corridor Ci tizen comment indicates that the twenty (20) foot setback on property adjacent to designated parkway corridors is inappropriate. There will be affect of these requirements until and unless parkways are designated on the zoning map. The intent of the comprehensive plan and designated park1Jo,ay and setbacks adjacen't to parkways is to achieve city beautification and to establish an image of enviromental quality and concern with the City of La Porte. Entry threshholds are an introgal part of the parkway system as discussed in the city throughofare and beautification plans passed by the City of La Porte Planning and Zoning Commission. This setback is to be landscaped and maintained by the respective property owners. ANALYSIS: If the Planning and Zoning Commission wishes to achieve the objectives of the Comprehensive plan the Ordinance sections regarding parkways and parkway corridors should be retained. If however, these requirements prove to be too costly then they should be removed. 4l) Parking and Curb Requirements: Citizen imput indicates that the term curb needs to be defined to allow convenitial curb stops as well as poured curbing if desired. ANALYSIS: Staff sees no conflict with the Comprehensive Plan and this addition to the definition of section to allow curb stops as opposed to solid curbs. This addition will make parking lot drainage substainta11y easier to obtain and less costly. 42) Additional Setback Adjacent to Major Throughofares: Citizen imput indicates that the requirement of an additional five foot to ten foot setback of a structure from a major through- of are should be deleted. Review of this requirement indicates tha t proper throughofare planning as contained in the througho- fare Flan removes the need for future right-of-way acquisition and widening. Chairman Wilson and.~ mbers of the Commission .. . City of LaPorte ., Page 22 ANALYSIS: Without additional demonstrated need, this requirement should be removed pursuant to the citizen impute 43) Section 4-10l: Citizen comment indicates that throughofares designated on the throughofare plan (but in which no right-of-way currently exists) should not be an impediment to the location of buildings, unless the right-of-way is purchased by the City of La Porte. ANALYSIS: This requirement all ready exists within the Development Ordinance. With limited space, the addition of buildings within designated throughofare locations could ultimately make future throughofare right-of-way acquisition prohibitively costly. Also, the City of La Porte is not the only public entity responsible for throughofare acquisition, and coordination among these public governments is critical. Frustration of ultimate throughofare acquisition could prove virtually fatal to the economic development of the City of La Porte. This section should be left as is. 44) Section lO-605 (lO): Citizen comment indicates that the five foot setback required surrounding parking areas is not needed. Further the requirement of a solid curb surrounding the parking area is questioned. Anaylsis indicates no particularly safety or asthitic concern addressed by these requirements. ANALYSIS: Only require curb stops instead of solid curbs and only where the parking lot adjoins public right-of-ways. Also, only require the five foot setback on parking areas adjacent to public right-of-ways. Note that no landscaping requirements are mention in this five foot setback area. Respectfully submitted, John D. Armstrong David Paulissen John Joerns e e MINUTES OF THE LA PORTE PLANNING AND ZONING COMMISSION AUGUST 29, 1985 MEETING 1. At 7:04 p.m. Chairman Andy Wilson called the meeting to order. Members of the Commission Present: Chairman Andy Wilson, Charlie Doug Boyle, Karl Johnston, Janet Graves, R. J. Blackwell, Ed Murphree Members of the Commission' Absent: Lola Phillips Citv Staff Present: Chief Building Official David Paulissen, Director Community Development John Joerns, Assistant City Attorney John Armstrong, Assistant City Manager Richard Hare, Executive Secretary Gwen Vann Others Present: Bayshore Sun's Barbara Neal, Citizens Mrs. Adair Sullivan, Mrs. Helen McFerren, Mr. Eddie Gray, Ms. Janet Gray, Mr. Rufus Smith, Mr. Doyle Westergren and several other interested citizens. 2. Chairman Andy Wilson asked that Mr. Ed Murphree come forth and take the Oath of Office from Assistant City Attorney John Armstrong as a new member of the Planning and Zoning Commission. After being sworn in to Planning and Zoning Commission, Chairman Wilson asked that Mr. Murphree share a few things about himself to the Commission. 3. Chairman Wilson indicated that Mrs. Adair Sullivan had submitted a letter to the Commission. The minutes of the August 15, 1985 meeting, along with Mrs. SullivanJs letter was presented to the Commission for approval. Time was given for Mr. Blackwell to look over the minutes as he had not read them. Janet Graves made a motion to aoorove the minutes and also the letter presented bv Mrs. Adair Sullivan and Bobby Blackwell seconded the motion. The motion carried with 6 aves; 0 naves. 4. Chairman Wilson commended the staff on the good job they did in putting their ideas that were received from the public into report form. He indicated that the staff had put the public input into special categories. Chairman Wilson entertained that after reading the staff presentation section by section that we get a vote on each y~- . e Minutes of the Planning and Zoning August 29, 1985 Page 2 section, and if that item is too complicated than another, we can abort that idea and move to item by item. . . ~ . .... .... . .... -. .-.. .. -.. -~..,. . - .. . At this point, Mr. Boyle did not want to vote on any of staff recommendation until discussed in more detail. Chairman Wi~son explained that if the Commission goes through the staff recommendation item by item, and there needs to be any changes, then they can discuss it. Andy disagreed that Commission should not move forward because it has been worked on for some time and he indicated that all he was doing is setting ground work. Bobby Blackwell said he could not see any problem with Chairman Wilson's suggestion. David Paulissen, Chief Building Official passed out a memorandum on the ProDosed Zoning Ordinance, Analvsis of Public Hearing Comments (see copy attached to minutes) John Armstrong, Assistant City Attorney commended the citizens of La Porte for their excellent input. He then introduced Chief Building Official David Paulissen who said the staff had attempted to compare the comments with the Comprehensive Plan and Staff's position would be to recommend favorably upon the citizen input if the Comprehensive Plan isn't stymied. Page 2 of Memo - Item 1) Definition of Commercial Motor Vehicle and Light Truck: Parking. of. one ton: trucks in a residential.- Staff feels that in a case where a resident makes his living, he should be allowed to park his truck at his resident and staff saw no problem with this. 2) Fen~e: Staff felt wrought iron fence could benefit the city and wouldn't interfere with the Comprehensive Plan, however they had a problem with acceptable steel mesh fences. Staff recommended that acceptable steel mesh fences be left out of the description but they felt good about wrought iron fence because it is such a specific term and felt it could well benefit the city and in no way would defeat the purpose of the . e Minutes of Planning and Zoning Commission August 29, 1985 Page 3 Comprehensive Plan. 3) Height Citizen comment on height saying the permissible height of 45 feet should be included within the description. Staff recommendation was not to place this specific height limitation within the definition. 4) Ranch Trailer Staff sees no possible conflict with the Comprehensive Plan to include a definition of Ranch Trailer so what staff did was to take that definition from the truck route ordinance and include it here. 5) Loading Berth Citizens input was correct that this definition was not included but as with other comments, staff sees no conflict within the Comprehensive Plan and recommends that this be included. 6) Page 21 of Memo - Item 41 - Parking & Curb Requirements: Citizen input felt that the words "curb stop" should be the definition here. Staff has no problem with the typical curb stop and therefore we are not creating a problem with sheet draining of a parking lot or things of the nature. The other term "parkway corridor" w~s mentioned here but the staff wanted to wait until they take the section on beautification, landscaping, etc. This concluded the definition section. Chairman Wilson entertained a motion that we accept the public recommendations dealing with the definitions. Bobby Blackwell made a motion to accept the .public and staff recommendations, Karl Johnston seconded it, but there was other discussion concerning the height. David Paulissen Chief Buildin"g Official read the definition of height in the ordinance to clear up some questions. He indicated that this did not pertain to three-story bUildings. Specific height requirements will be discussed at a later date. The next . . Minutes of Planning & Zoning Commission August 29, 1985 Page 4 question was concerning definition on Ranch Trailer. John Armstrong indicated that the truck route ordinance has the word for word definition in commentary. After this discussion, Chairman Wilson said since the motion was seconded, all in favor, signify by saying "Aye", all opposed, Motion carried adopting definitions. Chairman Wilson suggested Commission begin with Section 2. 6) Section 2-70~ Staff's decision on this was to Change Section 2-703 of the proposed ordinance to read as contained in Section 9-105 of current Ordinance 780 since developers were pleased with the way to current ordinance read. 7) Section 2-800 Staff recommended that no change be made in this section of the proposed zoning ordinance. Chairman Wilson entertained a motion be made on Section 2. Motion made bv Janet Graves, Seconded bv Bobbv Blackwell. There was no opDosition, the motion carried. Chairman Wilson asked that we move to Section 4. 8) Section 4-10~ This section deals with a through-lot situation. citizens in its wording. The 20-foot is to apply setback in the case of a through lot situation in district. Unclear to to a rear a residential 9) Sec~ion 4-104 . f . Citizen comment was to remove setbacks in the case of commercial developments. When compared to Comprehensive Plan, staff recommended that there be no change to this section. Chairman Wilson indicated that setbacks were a vitally important part of any type of comprehensive plan or plan. . . Minutes of the Planning and Zoning Commission Au.gust 29, .1985 : . Page 5 Commissioner Blackwell was concerned that a 20-ft. setback s~emed like a~ awful lot of property. Is this necessary for the plan. " .' . ,-. Chief Building Official David Paulissen gave a brief discussion op the need for setbacks. He explained some of the problems that we have seen in the past with reference to rear setbacks, and in comparing this to the Master Plan, it was in the furtherance of the Master Plan, so staff feels there is no other option but to leave this section as is. Chairman Wilson recommended that we adopt Section 4 recommendations as Dresented. Motion bv Janet Graves, Seconded by Karl Johnston. Motion carried with no opDosition. 10) Section 5-404 (2) (a) (2): This section deals with Citizen input pertaining to proximity of a multi-family dwelling structure from a public or private street. This proximity is measured as the fire hose would lay. Citizens feel that this should be increased to correspond with the fire code requirement for distance to a fire hydrant. Mr. Paulissen gave a brief explanation of this section of the ordinance. Staff recommended that citizen input be utilized in this case and make the distance 300 instead of 200 ft. 11) Section ~-404 (2) (a) (5): Length of a cul-de-sac or dead-end street. Staff recommended that this section be left unchanged. '1 ~ ) .=. S e c t ion I) -I) 0 1 : . . ;'~. : This section indicates that other residential and supporting uses may be permitted within the manufactured housing district, but that the supporting uses which are permitted are not defined. Mr. Paulissen asked that the commission turn to table 5-600 and notice the structure of the ordinance. According to the. chart, the uses are defined and staff recommended that this section remain unchanged. 13) Section 5-600: Citizens input was what is a single-family dwelling special lot. Mr. Paulissen showed an example on the blackboard explaining in a single-family lot and a special lot. Staff recommends that we add a definition of e . Minutes of Planning and Zoning Commission August 29, 1985 Page 6 single family special lot. Chairman Wilson entertained a motion to adoDt staff recommendation as result of public inDut for Section 5-404 (2) (a) (2), 5-404 (2) (a) (5), Section 5-501, Section '5-600. Motion made by Mr. Blackwell, Seconded by Mrs. Graves, Motion carried with no ODDosition. A ten minute recess was called here by Chairman Wilson and meeting convened at 8:30 p.m. 14) Section 5-700, Table B (Residential): Staff felt that a 45 ft. height for a single family neighborhood is an extremely high structure~ Staff felt this to be a bit excessive. Chief Building Official David Paulissen explained why staff felt it best to leave 35 ft. as an appropriate height in a single family residential. Mr. Boyle asked what the procedure was to change the height in an R-1 zone. David Paulissen told him the appeal procedure in the ordinance is how that would have to be done. If they had to go higher than the 35 feet, they would have to give reason before the Board of Adjustment. Chairman Wilson asked if there was a concensus or any objection to adopting recommendation that would leave the height restriction at 35 feet for a single-family detached and include 45 feet for duplexes, townhouses, quadraplexes and multi-family dwelling units accord~ng to citizen comments. There were no objections, so the commission moved to the second portion of' Section 5-100. The next citizen comment on Table B relates to density for single family detached dwelling units. Chief Building Official David Paulissen explained that density figures are measured in units per acre. Staff did not see any problem with changing the density from 4.5 to 4.8 because it is still within the respective districts as set forth in the land use plan, and a change to the suggested figures should not impact the Comprehensive Plan. . .. Minutes of Planning and Zoning Commission August 29, 1985 , Page 7 The third thing on 5-700-Table B on lot coverages. Citizen input for ~axim~m l~t coverage for single family zero lot line should be increased from 60 to 70~, the maximum lot coverage fr9m multi~family sho~~~ be increased to ~5~. The maximum coverage" lor siiigle: 'fainilyndetached . should be increased from 40 _ 'fo-'-50~'~' ....... ._....._..........n. -.--,... "-.-. .. ...-.. .n . . - -- -.. ... .... .. .. . - - -. -- .. John Jo~rns Dire6tor"6f Community Dev~lopment gave several scenarios to "explain in more detail about lot coverages. After some discussion from the Commission, Chairman Wilson entertained a motion that on Section 5-700 Table B on citizen comment that we go ahead on the single family maintaining 40~ and with the multi-family go to 65~. Is there a motion? Commissioner Blackwell indicated that we needed more discussion on this. Mrs. Graves said she would Dersonallv like to see the multi-family left at 60%. Mr. Blackwell seconded the motion. The motion carried with no ODDosition. 15) Section 5-800 C: This section deals with a conditional use permit. Assistant City Attorney John Armstrong explained this in detail. It was recommended that this 'section be left as is. Chairman Andy Wilson entertained a motion that. this section be left in tact. Motion made by Mr. Blackwell and Seconded bv Mr. Karl Johnston. Motion carried with no opposition. 16) Section 6-500: ~~i~~ Sect~~n(!~~~~~;. ~i th()h~~gh~s.. ~n ~ c~mm~r~i~i.. are~s:.. . ~taff sees. no impact in. increasing the height in neighborhood commercial to 45 feet and sees no conflict with the plan and would suggest we make that change. ~1) Section 6-600: This section deals with glass covered lights. Staff recommends leaving this section as is. 18) Section 6/600 (B) ~: This section deals with a screening fence and the way . . Minutes of Planning and Zoning Commission August 29, 1985 Page 8 ordinance reads, it says that for everyone foot of height that's over the top of the screening fence, the distance has got to be increased 5 feet. Citizen input feels that this should be deleted. Staff recommended that Planning and Zoning carefully consider the goals of the comprehensive plan for screening versus the practical aspects of the application of this section and make a decision therefrom. Chairman Wilson entertained a motion to adopt recommendations presented in 6-500, 6-600, 6/600 (B)5 (citizen comment that indicated that the additional five foot set back required behind the screening fence for every foot of height of stored .material above that fence should be deleted). Motion bY Janet Graves and Seconded by Mr. Johnston. Motion carried with no ODDosition. 19) Section 8-200: This section requests clarification on which rules apply to a P.U.D. district and which rules apply to a P.U.D. development within a particular district. Both are allowed under the zoning ordinance. City Attorney John Armstrong said that we didn't make a staff recommendation on this section as the comment just basically has clarification there. 20) Section 8-402 (8): Similar comment as above that needs to state the dwelling unit per acre requirements for P.U.D. District. Assistant, City Attorney John Armstrong said there was no recommendation on behalf of staff, this was' just for verification. 21) Section 8-402 (10): This section, citizen comment indicates that the requirement that the planned unit development be in conformance with the Comprehensive Plan be deleted. Assistant City Attorney John Armstrong indicated that this part of the ordinance must be kept. . . . ' Minutes of the Planning and Zoning Commission August 29, 1985 Page 9 2~) Sec~ion 8-40~: . . .C~ti.zen ~np'ut' ~ndicates that the 12 month limitation on 99P~it~ona~. u~~ permits is too short and should be lengthened to 3 to, 5 years. Staff recommendation is to leave this section as is. 23) Section 8-404 (B): Citizen comment indicates that a minor change in a major or minor development site plan should not require resubmission of a new general plan. Recommended that this section be left as is but perhaps, make a clear reference to the Development Ordinance sections that apply. Chairman Wilson made a motion that we reach a concensus on the adoption of the recommendations made for Sections 8-200, 8-402 (8), 8-402 (10), 8-403 and 8-404 (B). Motion by Mr. Blackwell and Seconded by Janet Graves. Motion carried with no ODDosition. 24) Section'10-101 (4): This citizen input deals with construction schedules for multistage planned unit developments. Staff feels the word "approximate" should be included before the starting date and completion date. ?~t,~Section,10-101.6 (C?:.H...... .c: ',.: .:': '.. Citizen input indicates that the term "sufficient amount of usuable open space" is somewhat vague. In the P.U.D. situation, flexibility has to happen and must be in general compliance per Mr. Paulissen. Any amendment to this section would remove flexibility. 26) Section 10-102 (e): Citizen comment indicates that there is no need for the review of deed restrictions by the City Attorney to insure that they comply with F.H.A. Deed Restrictions. Staff recommends that . . Minutes of the Planning and Zoning Commission August 29, 1985 Page 10 the City Attorney review these deed restrictions as they are legal documents and to leave this section as it is. 21) Section 10-10~: Citizen comment indicates that the heading of this subsection should indicate whether or not it pertains to planned ' development units within P.U.D. districts or planned unit developments contained within a particular district. Assistant City Attorney John Armstrong said staff decided to go along with the citizen comment. 28) Section 10-104: This section also deals with clarification of headings and just as in Section 10-103 #27, staff decided to go along with the citizen comment. 29) Section 10-201 (4): Citizen input indicates that the one year limitation on conditional use permit should be extended to a three to five year period. (see Item No. 22 comments on page 9) 30) Section '10-~02 (7): Citizen comment indicates that this section, which prohibits accessory uses or equipment such as air conditioning cooling structures or condensors from being located in required sideyards should be amended to allow air conditioning/cooling structures and condensers within said required side yards. Staff recommends that this section allow air conditioning cooling structures and condensers in required side yards. 31) Section 10-603: Citizen input indicates that this section, which generally requires a submission of Certified Site Plan drawings in case of bUilding and zoning permits, but also further particularly "encourages" developers to submit a Certified Site Plan in case of resurfacing of an existing parking lot, be amended to not encourage the submission of a Certified Site Plan in case of the re-surfacing of an existing parking lot. . . Minutes of Planning and Zoning Commission August 29, 1985 .Page 11 Chief Building Official David Paulissen and the staff recommends .that we remove the language in this ordinance sectio~ encouragi~g the applicant to submit a Certified Site Plan that adheres new design standards for parking lots that are to. ~e re~ur!aced. 32) . Section 10-605: Citizen comment indicates that this section, which says that parking should be allowed in setback areas be amended. Chief Building Official David Paulissen and staff felt this section should not be amended. Chairman Wilson entertained a motion that we adopt staff . recommendation on items 26, 27, 28, 29, 30 and 31 and defer item 32 until the Sept. 5th meeting. Bobbv Blackwell made the motion to do this, Mr. Johnston seconded. The motion carried with no ODDosition. Chairman Andy Wilson commended the detailed work that staff had prepared on the ordinance. There being no other business, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Gwen Vann Assistant City Secretary .' . J MINUTES OF THE LA PORTE PLANNING AND ZONING COMMISSION SEPTEMBER 5, 1985 1. The meeting was called to order by Chairman Wilson at 1:06 P.M. 2. Members of the Commission present: Chairman Andy Wilson, Commissioners Ed Murphree, Lola Phillips, Janet Graves, Karl Johnston Cit~taff Present: Assistant City Attorney John Armstrong, Chief Building Official David Paulissen, Director of Community Development John Joerns, and Executive Secretary, Gwen Vann. Others Present: Bayshore Sun's Barbara Neal, and citizen Mrs.Adair Sullivan David Paulissen told the Commission that he had received two rezoning requests. He proposed that we schedule two public hearings for Mr. Wilson for the 3rd of October. There were no objections and Chairm~n Wilson suggested these two requests be placed on the Oct. 3rd agenda. Chairman Wilson went back to regular order of agenda. item was to approve minutes of the regular meeting of Due to various hindrances, the minutes were not ready meeting. First Aug. 29. for this 2. Item ~2, Section 10-60~: Citizen comment indicates that this section, which prescribes design standards or requirements accessory to parking under this ordinance be amended to allow parking "in all set-back areas". Staff recommended that the text of this should be left alone and look at it when we get to the map. Chairman Wilson asked if anyone had questions, if not, he entertained a motion to take staff's recommendations. Motion by Mr. Johnston, Seconded by Mrs. Graves, Motion carried with no objectio~. ~A- .:.. -- . . J Minutes of Planning and Zoning Sept. 5, 1985 Page 2 3. Items ~3 an~4, Sections 11-101 and 11-102: These two sections deal with building permits and their expiration. In process of reviewing this with the consultants, it was felt that these sections should mesh with ordinances already on the books. Staff recommendation that both sections be left as written. 4. Item ~5 Section 11-606(2) (c) (2) Citizen comment indicates that "unnecessary hardships" be changed to include economic hardship. Zoning Board of Adjustments deals with four basic areas which only a few are pertinent here. One being the granting of variances which is the situation in which a specific requirement in this ordinance should not be met due to unusual lot shape topography and the application of the ordinance makes it very difficult if not impossible for a land owner to develop his land due to application of the ordinance. It is the appeal mechanism. To get a variance from the board of adjustment, you must show "hardship". It is not an easy thing to get this hardship, so therefore we recommend this part remain the same. 5. Item ~6 Section 11-612 Basically a question pertaining to policy. Citizen comment recommends that an applicant who is denied a variance, special exception or appleal would not pe able to reapply for a new variance, special exception, or appeal from a determination of the zoning administrator from the board of adjustment for a period of six months after the original denial. Staff recommends that we leave this section as is which is 1 year. . Chairman Wilson asked for a motion to take staff's recommendation on Section 11 Items 33-36. Commissioner Lola PhilliDS made the motion, Seconded by Mrs. Graves, Motion carried with no oDposition. 6. Item ~7 R-i Zone: Citizen input indicates that the high density residential zone in the proposed Ordinance is not necessary. Staff recommends that the R-3 residential district '... ..-- - I i e . Minutes of Planning and Zoning Sept. 5, 1985 Page 3 provisions be left in current form. Some discussion took place with Mr. Paulissen, Mr. Murphree, and Assistant City Attorney John Armstrong. Chairman Wilson asked if there was any reason why we shouldn't accept Item 37. There were no objections. 7. Item ~8 P.U.D. Districts: Citizen comment indicated a concern about the placement of planned unit developments within an existing or proposed R-1 neighborhood. Assistant City Attorney John Armstrong said Staff recommends it. Chairman Wilson asked if any objections to item 38, there were none, so they accepted it. 8. Item ~q Greenway Corridors: Citizen comments has indicated that the term "Greenway Corridor" needs to be defined; that the Comprehensive Plan does not appropriately designate Greenway Corridors and these corridors are not located so as to provide the highest and best use of certain property; that when Greenway Corridors are located by the Comprehensive Plan on the zoning map, that the City of La Porte should purchase them; and there should be no additional setback requirements imposed on uses located adjacent to Greenway Corridors. ' Director of Community Development John Joerns discussed this section in great lengths. Staff recommendation is if the property is to be developed and a greenway corridor is adjacent or through said property, then the City should purchase the greenway corridor. As with the development ordinance the City must show intent to purchase within 30 days and must complete said purchase within one year. If within the one year period the City does not purchase the property, the developer may utilize the land and the greenway corridor in that section will cease to exist. There was more discussion on this between Director of Community Development John Joerns, Assistant City Attorney .::.. ....- . ) . Minutes of Planning and Zoning Commission Sept. 5, 1985 Page 4 John Armstrong and Chief Building Official David Paulissen. Mr. Paulissen said that staff had looked long and hard at this and basically our understanding is if the City wants it, put it in the public sector and let them maintain it. 9. Item 40 - Parkwav Corridor Citizen comment indicates that the twenty (20) foot setback on property adjacent to designated parkway corridors is inappropriate. This deals with parkway (example Fairmont Parkway). Staff has looked at this in great lengths. We suggest that the 20 foot setback adjacent to parkway corridors remain in the ordinance. Please note that these requirements only apply if said parkway corridors are designated as such on the zoning map. Staff recommends that perhaps Council should look at the proposed designations and determine if all are needed and perhaps consider the application of this requirement to new parkway corridors. 10. Item 41 - Parking and Curb Requirements: Citizen input indicates that the term curb needs to be defined to allow conventional curb stops as well as poured curbing if desired. .. Staff sees no conflict with the Comprehensive Plan and would recommend that we include the allowance for, curb stops to be used here and we would write a definition that would reflect that. 11. Item 42 - Additional Setback Adjacent to Major Thoroughfares: Citizen input indicates that the requirement of an additional five foot to ten foot setback of a structure from a major thoroughfare should be deleted. Chief Building Official David Paulissen recommended that we adopt the citizens input here and recommend that those additional setbacks adjacent to thoroughfares be deleted. ~ r' - . , J . Minutes of Planning and Zoning Commission Sept. 5, 1985 Page 5 12. Item 4~ - Section 4-101: Citizen comment indicates that thoroughfares designated on the thoroughfare plan (but in which not right-of-way currently exists) should not be an impediment to the location of bUildings, unless the right-of-way is purchased by the City of La Porte. This requirement already exists within the Development Ordianance. Staff recommends that this section remain as is. '- Chairman Wilson suggests that we bring up for a vote to accept staff recommendation. Motion bv Mrs. Graves, Seconded bv Mrs. PhilliDS. Motion carried with no opposition. 13. Item 44 - Section 10-60'5 (10): Citizen comment indicates that the five foot setback required surrounding parking areas is not needed. Further the requirement of a solid curb surrounding the parking area is questioned. Analysis indicates no particularly safety or aesthetic concern addressed by these requirements. Staff recommends two foot setback. Chairman Wilson entertained a motion to adopt staff recommendation of 2 feet. Motion bY Mr. Johnston, Seconded by Mr. Murphree. Motion carried with no ODDosition. 14. We have considered public's input on the ordinance, No.4 is the approval of text of proposed zoning ordinance. Shall we entertain a motion that we adopt and hold the staff recommendation and what revisions were made in the memorandum and it is a review and direct staff to compose a letter along with the revised ordinance to be signed by the chairman and members of the commission. Motion by Mr. Murphree, Seconded bv Mrs. Graves, Motion carried with no oQQosition. .-- '. . I.a' Pori. eil~' Hall. 60~ W.SI Fairmonl ,Parkwa~'. ~.Ilinnh' al R p.m, .'. OUz.ns wishlnll 10 ~om. m.ni ma~' do so in \\'rllinll prlnr 10 Ih. publi~ hrarinll. ,such corr.spond.n~. addr.ss- ... .d' fn I18rt of Ih. CI\:< .' !itcrti~..~,.. ~.O; 'BiI~ 11I5, I.... Porlr. Tp'xas i75:1. filiz"ns \\'ishin!(IO sptak allh. puhli~ htaril,lll Illa~' do' so b~' sillnhlll 'ili fh~. Illlnul.s prior 10 Ih. ~Iari of Ih. Ill..ilnll;' . , Copi.s of Ihp propos.d Zon. ---~---- .------....----. PI'Bue ~01'leF: ' -- ~--:~~O;;;;-Ijr:.-"::--. p\:UL.'C l'F..\RI~G ~otlc. h h.r.by Il;,'.n Ihal Ih. l.a ForI. eil~' Council \\'i11 . IJ9!d ~ 'p~~lIc ,,,,pl!rln!l.. 0'1. ,~O\'lhnbpr :!.~: 19115.. fflr. piihllc~ inpul r.~ardlnll thr' propos..d Zoninll Ordillan~r for Ihr eil~' of. I... Porlr. This h..arin!li \\'11I b...,h..l~ 'i~ Ih.. Council Chambrrs of Ihr w- i,'UBLle NOTl~ ~ NOTICE OF ~, ' PUBLIC IfEARING fn aceanlance wllb Ibe pro. vl.lon. 01 Ordinance 780 Ib ZonIng Ordinance 'ot Ibe' CII; 01 La Porte, a public hearing will be held al 7:00 P.M. on AUIU.1 IS, 1ll8S by lhe La Porte Planning and ZonIng Comml..lon &0 cOlll/der Ibe ProflOled lonlng Ordinance. '1111. hearing wUl be con.. ducted la lhe Council Chambers of Ibe La Porte Clly Hall, 804 Well Falrmonl Parkway. Letten c;;"cenung ibis malte!' .hould be addres.. ed 10 Ibe Clly Sec~tary. P ,0. Box IUS. La Porte. Texa. Z:l. ThOle wllIIllng &0 ad. · ibis malter pro or con during Ibe meeting will be re- qulred &0 .Ign In belore Ibe meellag I. convened. CopIes 01 Ibe Pl'OpClled _ lag ordinance are available lor revIewal La PDI'te CIl Hall, y Cherie Black CIty Secretary . Inl( Ordinanc.. larr anilablr fo~ ~fr\\'inllllllhr F:lIllinr..rillll Oraparlm..nl al eit~. Hall, . Citizrns art rll~nura!lrd 10 lak. Ih. opporlullil~' 10 slud~' Ihr Ordinancr pl'ior 10 Ihr Public H..arill!l.f ('IT\' OF 1..\ PORTF. Chr,'ir Rla~k CU,. :;,.~rrlar" ....:......-.--.:.............-.-.. ..... ,- '" ~ . . TheB eSun "Voice of The Bogshore Since 1947" 911 S. BROADWAY , P.O. BOX 1414 LA PORTE, TEXAS 77571 (713) 471-1234 LA PORTE BROADCASTER Published Every Wednesday and Sunday CHARLES HUDGINS GENERAL MANAGER (j lUBU': NOTl!' ~ Ie NOTICE OF ~. PUBLIC HEARING ..., In accordance wltb the pr&- visions of Ordinance 780, the Zoning Ordinance W lbe City of r.. Porte, a public hearing wUl be held at 7:00 P.M. on AUlUsl IS, 1985 by tbe r.. Porle Planning and Zoning CommlsslOD 10 consider the propoeed IOnlng ordinance. County of Harris State of Texas Before me, the. undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a bi-weekly newspaper publishe< . in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of August 07, 1985 ':, Sandra E. Bumgarner Office Manager 'I1I1s bearing w1l1 be con-' ducled In lhe Council Chamben of lbe r.. Porte CIly HaU, 8M West ~alrmont Parkway. LeUen concerning lbls mailer sbould be address- ed to the City Secretary. P .0, Box 1115, La Porte, Texas 77571, 'I1IOie w1"'lng to ad- dress this matler pro or con ~ during the meeting wUI bere- qulred to sip In before the meeting Is convened. Copies of lbe propoeed 1Oll- Ing ordlnlUlce are ava.lab'e ,... review at La Porte euy HaU. ~~, . Cherie Black City Secretary Sworn ond subscribed before me this ,")7# doy Of~A.D. 19~. ;/' .,~!!!~!: I:': !;!'~"!!!.~, _~ ,':) 'Io~............ 1.( .., -'1> ."..' ' ..,. ". ( ';OJ. ~ .::- '-J_..!"~~' . 1.8. ....,,)0 .~_ J '-.r.' '~'\~ ~'- ..~ -'l. ; ~ (~ ~; i ~ ~ , 'tf;t. ....~~) ;f '. 0' . ~ .~. ,:., t os.~ ~ " -."". WL:i. ..:..0 ..i4 OJ. l:?- /. ., ~ ..4 ...~..... _, ,~ . / '.~.~,:,...: 2 G. ;.;.....\!~ .~ t.. Ii I,t. II" \~ ~~),.J~ Notary Public Harris County, Texas EXHIBIT A ."... '.-- . .i-' TheB "Voice of The Bagshore Since 1947" 911 S. BROADWAY , P.O. BOX 1414 LA PORTE, TEXAS 77571 (713) 471-1234 I: eSun Published Every Wednesday and Sunday LA PORTE BROAD.cASTER P~~I'.~~.:~'1(:~._ ___." . . '~OT":(O: lIF Pl'B~:h '/IF..\RlSO Sollcl' I;.. hl'rl'b~' IIh I'll Ihal thl' I.a rorll' CII~' Council will ,lJoId 01 'pu~llc hl'l!tlllll. .'1 So\....nbl'i' 25: 1!Ili3. for. pUblic' inpul l'l'ilal'dhlll Ih"- prllpO!ll'd Zonhlll Ol'dillallCI' for thl' CII~' IIf.l.a PorII', County of Harris State of Texas CHARLES HUDGINS GENERAL MANAGER L8 PorII' CII~'. Hall. 60-1 WI'R Falrlllolll Park\\"a~'. bPllillllh' al 6 p,nl: ' Cllllil'lIs wlshlllll III com. ' - mrni ma~' do sO III \\" rilh'll prior 10 Ihl' public hl'arhlll. stich rorrl'spolldl'n!o'l' addrl'ss, 'I'it I~' tarl' nf' Ihl' ,CII~' , S.crl'lal')'. P.O. B(lx 11I5. .I.a PoriI', Tl'x'as' ;J5i1, CililplIs wishllllllo SI.nk allhl' public hl'arhllllna~' dO' So b~' slllnhlll in fh'l' mlllulrs prior 10 Ih~ slarl of Ihl' 1IIf'f'lInll, ' . Copll's of t hfo prollO!ll'd Zon: , h'II, Ordinancl' I arl' nallabll' for iil'wlnll in Ihl' F.lIllinl'l'rlnll Draparlml'lll al CII~' Hall. Cillzl'ns ,arl' I'ncouralll'd 10 lakl' Ihl' opporlunit~' 10 slud~' lhl' Ordlnanrl' prior III Ihl' Publlr Hparlnll. ('In' OF' 1,,\ PORTE l, C.hl'rlp "lark <:~~: ~~:.r..':~al'~ .. .... ..._... This hl'arillll \\" III two h...ld In Ih.' CoullciI Chalnhl'rs or Ihl' ... Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a bi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of November 13, 1985 ~~.~ Sandra E. Bumgarner Office Manager Sworn and subscribed before me this 571./ day 09~ A.D. 19.&.. ..,...~i..." ",~" " 44~4 '"- "",' I ". .~.- ~. ~ ......... , 1.-,. .- ........ ," '.. ( '. .f ~ .., . fl." "CliO '. '" ''1. ; Ol- ., .:\,.... U'(.. ... ~ l' "'Itl.~* -&~." ': Sf ....-.. . . -1. .. Iii r.;: : · t E ....... .~, ...:cn-: '~ "\ -~ ~ J : ~ · 'f' ...~ ;:e ~ ":. l't 0' "..." ~. . ~,~., ~. _'... .. Cl : :;" J., ... ~Pllh'..~ 0) ..:~ .~~~. !P ............... .... OJ ,~'.... .' ~~I . ~ 6 ... "..' ...,. ''',I~~ ,... '., ,..." ,;0[ "ffi;l~i;iii'~i" ~~A, J~ Notary Public Harris County, Texas EXHIBIT C . .' ) . Minutes of Planning and Zoning Commission Sept. 5, 1985 Page 6 Chairman Wilson asked that Mr. Murphree file a report. Does anyone make a motion to adjourn. Commissioner Karl Johnston made a motion that we adjourn. There being no other business, the meeting was adjourned at 8: 14 p.m. Respectfully submitted, Gwen Vann Assistant City Secretary Approved on day of 19_ '. \!'"'. - '. t. . / TheB eSun 911 S. Broadway P.O. Box 1414 The Bayshore Sun~~u~~ La Porte, Texas 77571 (713) 471.1234 ... ... ..... ............ "Voice of The Bayshore Since 1947" Published Every Wednesday and Sunday County of Harri<s State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of November 02, 1986 ~~.~ Sandra E. Bumgarner Office Manager Notary Public Harris County, Texas f A. --................", o e.- ....,.. \ ~ 1'1 S ~~!l., ".... 4 " 'l_ 1111I. I "" ':............. . 0 i''\, ~.. \0 , " (It . ~ Ji l ~,.., ~'" ~.. IS' ,"' . ~~ ~. ~~;' - ~~\ .I: l' 3 i"J Cltl' \ '" \ "'Q "-,~ ~ " 'IV :' " ~" .. ~ I'''' ..i'/' . ~ -. .-. """ "'/II ......... ~ ' , . I, III ....' .1,_ (\ ~". . "i.".",.....""". Sworn and subscribed before me this c:< ~ day A.D. 19K. c-+~ in . . CITY OF LA PORTE INTER-OFFICE MEMO TO: Mayor Malone and City Council FROM: Doug Latimer, Chairman La Porte Planning & Zoning Com. DATE: 12/04/86 SUBJECT: Final Report-Zoning Ordinance As you know, the Planning and Zoning Commission held its final Public Hearing on the ,Zoning. Map 11/20/86. This hearing was the last of a long input-gathering process. The Commission has reviewed the proposed map and made the final changes that it reI t necessary based on the public input. I will be in attendance at your meeting of Monday 12/08/86 to present the final report together with the final Land Use Map and Zoning Map. I support the proposed adoption schedule and hope that you will set a date of January 8, 1987 for your Public Hearing. If I may answer any questions or supply any further information please don't hesitate to call me. ~ ..... -. . TheB' eSun The Bayshore Sun[3~lJ~~ La Porte, Texas 77571 (713) 471.1234 911 S. Broadway P.O. Box 1414 ... ... .... .,......... "Voice of T~e Bayshore Since 1947" Published Every Wednesday and Sunday County of Harris State of Texas Before me, the undersigned authority, pn this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of Dec. 24, 1986 .~~.~ Sandra E. Bumgarner Office Manager .. Sworn and subscribed before me this S-pJ day o~~,,""~'~~'~'~'""',!!!.~.. ~ ,,"\,. ........~.. 0 ..~~r, A D 19 07 ~. ....,.. C ' -'f 6'!. .. ..l:L-L. ~ h .d&l....l~.~>''- ~'~ \.~... ~~~ .;~. -:::::;1' ...~... .W C . . .~~ ,,~ 1L~:"i ~. ...' ' "A.'''\ Oj4: tb,!, -;. of! ~, '~~ I ~'S: ..' .. ,I, q.. ..,.. . ... "~' ~'" "'. ..... I' ..~ ~. "o"i: .;): '011"_,. ..... ~ ':r~.;. 4 y..,i:........~_. ~~. ~- .."...."...,~:J. ..... ~:>.~~'" , Notary Public Harris County, Texas . ~ . . THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) I hereby certify that the attached and foregoing is a true and correct copy of the Meeting Notice and Agenda for the Regular Meeting of La Porte City Council on January 12, 1987, and that such Meeting Notice and Agenda were properly posted according to law, prior to the date of the meeting. To certify which, witness my hand and Seal of Office, this the 12th day of January, 1987. .,.- ~~L City Secretary . . A typographical error has been noted on the Meeting Notice for the Regular Council Meeting on January 12, 1987. THE CORRECT TIME FOR CONVENING THE MEETING SHOULD READ 6:00 P.M. ~~ CHERIE BLACK CITY SECRETARY . - .. NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hear- ing will be held at 7 :00 P .M, on January 8, 1987. by the La Porte City Council to consider the comprehensive rezoning of all lands contained within the City limits of the City of La Porte. Harris County, Texas in accordance with andpursuont to the map attached to this notice. The Zoning Ordinance of the City of La Porte, containing ap- plicable zoning regulations concerning the zoning classifIcation contained on the map and further concerning the regulatIon and restriction of height, number of stories, size of buildings and other structures, the percent~e of lot that may be occupied, the site of yards, courts and other open spaces, the denisty of population, and the use of buildings, structures, and land. are on file in the office of the Ci- ty Secretarv of the City of La Porte and are available forfublic inspection between the hours 0 8:00 A,M. and 5:00 P,M. Monday. Friday at the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Harris County, Texas. This public hearing will be con- ducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this mat~ ter should be addressed to the City Secretory, P.O. Box 1115, La Port.. Texas 77571, Those wishing to ad. dress this matter pro or con during the meeting will be reguired to sign in before the meeting IS convened. CITY OF LA PORTE Cherie Block City Secretary ..., \ 7 \ . / ~ \ \ / ~'. liJ~~\.( . .' .' \ -Jfb-l'~, .. .. -I: = ~, .,.,..._'_'____,......' ' I.. , '. ~. . -, "'-'1' - '1"1' ....... .._.>.,... ,-""""'-.--0... " ...-' I I . _ '.... " "oo '. ~ - . _' " ,-. . , ~, , ~ , ~ 'U ----:-:;:: --..",. ___ ~ . . 'o. J ~---" ~ ", _ c::;;;;; ." 111', ...... ',," ~ ''-..: 1-" ~ . \ .--..-.cJ--,,~.J....-....:.. _ ~ ~ - - . oo.. ,. __, . -- I . '. . __. ,_ n'" . ] -..; :' ,. --- ' ." '-I' -) I: ,.......,.., ~ L . I L ~:l JiI ...---: "l1-.c.. -"'"": ":! I '~: r _ -----/ ,< j I I .1 - . To... " t.,. _ . ... _ f1 _ r ~~i 'l' rlr :;=tu~.l ~I't':i_~ u ~ J~ ~ l~, :/"_ --. 1::-' 1 1'+1 m.oo _ I ~'. .y"" _ -', ~ I. 'j~' , '" .., .' .'1 . ~. , ,', ~ ---..ill' ~ I " " 'oo _ . ., . .. .. .c:l.f;l',~ 'J . . ... ""'.\ 'I ~', ..I: -: .: LI -,'1 L' . -l ~lv~ ~ ~\ -..,.' ~ ~. .~. . ',,' b '1 " . ' ~...j""... ...... ~\ - '." ,,~. .. . ,.,., ,-,. "'" ~. .~'.,~ .... .., '.' -- -n · -r."-:;:,' ,~-:= , ",''i 1~~ II . --l E t.:..... :1 t-:=i'""': I 1 , " [GC ~;6 ~;1-', -- . . t... . J ,__ '. oo' " . ^ .,,, I ~ ~ ~ , c _._ " ._: '"'.. _ ,__ , 'GC h_-=:~.. ~~. " .~":.- .c,,~~:'~'J': ".~_163 A'" 1:~ .1. ~ ' l!E'-_~~ ~ t? ~. ~ '~i7 '-"...., i I I 1.1. , ~'.~~2 , . ,- ". '~ '" . -noo ' ,.' I . 4. ..,., ,,'-~ .' \oo "_." u I <~' ., . --. .~.... .. . · --. u ,.. = ~ - - .Bl ..,,.... . '!iL i'\Y" .:",'-_:7 r T ~ .11 ~ ..1 -.... ~-. -- --"\"\~. ' ~J ~" --::j , i'-;) ~"" '.-,- ..,' ~ - -:-:-;. - 'J: '-l, J r-" 1::::E~~~ll;=- ' . ,,- .. , . -~ '..'. ~ ':~ ~Sl 1.~ ~ .. -. , " \:. 1 ~._. -::':: 11 ..~ '<0._..' \ 'i' , . _....__ . : _ I . ,,,., 'iii.. , ' u._, '-'~....;.:.'\::l::':._,.., LO '- .. _ ... 1 ___"""U I ' .. i . ..:It:- I' =-::= _ ' I,~ , . , ... I ' . pu., ':==-; , .. I.!! J \ _ Ft-.. .' I .~I~.. . '. , . .'. " -.-.~-_.-.----i------. . r!! ~~. ';.! " -.---. \., :1 .JS8'"lllai--" \. . , . \ , . --- ,- \ -7 o , , , '0' - I:\. CITY OF LA PORTE ~ OFFICIAL ZONING MAP ......0'.....--....-,-.. _ _ ......-- ... -... ......... .. ., ~~ _.. ....CI...l.-........_I~ -- -- -:- I l G: ( . u _ . R..Z ' .. , ............. ~'\. , .. ~~-- . _:~ .. -----.-.-... l. ~" ---- , ' . '~------ 1 " 'F f ") J . " .-' ------- I " .-- . " , " " " '"" '\~ '\~, "_.'~~c.-._ !;.L..:.I..- "- ..~~.-.....~ ....,..... ........-.---. -. -....-..-........... :.."(......: .o::.-.o::...~:.;..~..~. ...-...........-..........--. ....-- ..-.- ........... .... .......... ............-. .... .......... ". _." .1.... ._....... ......w....._ .' . - ...... ...'" ...... .. ... ..-.... .... .... ...... .. ........-.-.... ....-.-... " -- . ...... "'......-- -...---.- ...... ---,-- -'- .,: f' . "- . , . . -==-==:i~..~._ " . .' I I' i, ~ I', . ~ ........ . ....; ... L.~ - . PUt> I,.E,GEHO ... IlANJFACTUllf:D IQJSI~ R" .LOw DtNS.'T'Y RESIDENT&.&., II.., ~.DIN DE,." RESlD(llITl&.. R.) ~ DENSITy Rt$IDrrtnAt. tC NEGtIOAttOOD COMMERC:~.. GC pENE'" ~EIIfC.IA.. . ~INESS IHCJSTIIIAL At.1t>' LI LIGHT ItC.ISTII.L.. ~ H[AVT Ir(DUSTlhA ""D J\.ANflft:D LlN!J DEV!LoPMt"'- II / .............~ ...:.... ct,..... \ I i I I I 1 -... " .l I I 1 .1 I ':'J I . 1 I '1 I I r I ._ I I . I I , I I I - " , .. -,. ;~. ~. '1"" ~ " ( \." . . ,. ....,. ,- ", .~" '.,.......;., e. , ~ - .R-2 ~ \ .., '!f .----:;- , "' .- ,.... ~\..""" ..... .-,. ;; ~ . ~ I f- " .'1 ! ' , , \ \ I , ') r'-- U . ,,~ ' , " ....._._._._.J ~' " ~ / " ~ " . , : I ,\ ,,~, "~" , :"i;, '"" - .'- " ~ .!:..E~E~D ... MlliU'ACTURED tOJ$lN-: 1It.1 lOW DENS,,,, R(SIO(NTIA.. II_I WEll... D(NlITY RESIIX'NTIA.. R.I .... DrNStTT ft(51D[NTIAL -re' NllGtt8ClRHOOD COMC'IClo1o.. GC. G(N(RAL CCWr.lERC...... 81 BUSlIeSS INDUSTRI.... No... U LIGtt1 INDUST..':'. MfIIIA. UN" DlVELQPM[N- PuG P\.MPfED -.~~ " \ I j' I . I l I ! 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LI . .- TI .', r '-.....) ,./ = NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hear- ing will be held at 7 :00 P ,M. on Januarr 8, 1987, by the La Porte City Counci to consider the comprehensive rezoning of 011 lands contained within the City limits of the City of La Porte. Harris County, Texas in accordance with and pursuant to the map attached to this notice, The Zoning Ordinance of the City of La Porte, containing ap- plicable zoning regulations concerning the zoning classification contained on the mop and further concerning the regulation and restriction of height. number of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces. the denisty of population, and the use of buildings, structures, and land, ore on file in the office of the Ci- ty Secretarv of the City of La Porte and ore aVOllable forrublic inspection between the hours 0 8:00 A.M. and 5:00 P,M. Monday - Friday at the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Harris County, Texas, This public hearing will be con- ducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway, Letters concerning this mat- ter should be addressed to the City Secretary. P,O. Box 1115, La Porte, Texas 77571. Those wishing to ad- dress this matter pro or con during the meeting will be reguired to sign in before the meeting IS conven.ed, CITY OF LA PORTE Cherie Block City Secretary :,..., '.' -.-----' -,- T . . . . ~ \ r '\ ..... --.... . \ II' ::::=r;_..:r:;I:.-":':J'..T. - " , ; .'..'..' I .. , .' \ \. ,.- :;:, ";:':--: t . I - V: \ 'J ,L~ I'" \. " . ., . .- .. ". , ""0 I'j '~'~_. ' = '.'.., . ...... . , ~., . LI " '-'. .. . .......,.,. .. - .. Ge I ... ,.' .. -.. . ~ 1" " ~~ . ~ 7". . , . --.--.--..".. , ,_ , 'LI -.....::::::::: La I f-l.. . , . ,:....,. "~,:'c -I, <J. i , , '-:--'., 1 'il~ I L1 : - ''-'"'' . _..~ ~ r tt,1 l\' ..' , i enGe ESl --e:. "'. I ,.. .~n.. . I. ' ...'...., ~~ ,- "'" . I .-;:j , ,-,",,' ' ! 1,\ 0'" ..;:: . .f. _. -- -.-. !f IS. H. I' - t' ." ,- ~ f ... - " !it.. . . - . . " _'_' 1- .' . .._ '\;, rM ',' 1,:at;::W . '~;; :~ LI '..... 7' ..' , .00--1 Y 1]Li I I MH r IJ\ . !' . ow ' ' . ~!. " ~ . I, l,~ ' l'~'. 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'" ' .' x-= _" 7777rrrfI .- ~ ' \~~ .. 1 ~ %T,~~ i~ ~ ~ .:'. " ,.: f1i~lj ...... _ "GC ;;;;;;;;;;;.- \ ,ac f II . _.... \ ' .. Ge " ~ ; Ii. 'r .- " . .~. I..J ...:::.; -- ./, , . "\:~~';~?~~ . ~1"JH~ ~. ,,' ' --.--../::7 . - ... ), , =-:==- "''''''"'''1! . OUD '. , : ~z:.... ! .~, . I \ _ =J...,: '~ Ej'!, .j " i tIC" R.c ~.~';-".~ l. - I. "'-fF.?\l ..~ I .. , ,..., ..' F' . '-j I .. I ~.., , "- " - I:\. CITY OF LA PORTE fW' OFFICIAL ZONING MAP _........._,.....__._c.. --.............-...-.. .., ;...:.- -.. .._rl...I............_'I~ -. ..-. ---. "'-.J , LI I I I I I L._._._._____._._._._.~.---.-.- l \ , \ ....,......._....h. ~~.:.~:~~;~~e~~. =:v:.,t;~.::.:..: ::..;.;.!:..:~~~::.-_~ .......... '" _.0 .... ...Ia." :;-:::'....:.;.:;.. ;:'_"':i:':;',~-:.',:. i'!..:..;t~".J.:~:~ .:.~'"::;:;: :: ..- .....-.--. . ...-.-.... ....- . .... . . ....... ..... -...-.-.-..... .. u \.., I:' ., Ge ..._. _1...........:. .__'1=" OOO.....<I..._M~;lIo_I....._.. . . ~ I. i: I \ hE,!!E~D MU&F&CTI'UO IOJSIN; I LOt IJ(NSITY H(SUNTtAl. Ill... D(~T'f HfSlCfNT1A1o. I HIIiM alNSln RlSlDlHTlAL' ICGHIIDRMDOD COMMERCIA.. Gl"NERA&. COMMERCIA.. I a51NUSINClUST........ I L~T INDuSTR.:.. I .c.VY IND'JSTRIA. ; ....IP#<<D ""T DlvE.LOPMfr.- .; . -~_! I r .r ii ' . I I ~ _ .:" .!! ,.'j-. .. .. ,.....1.... , ;;'I'T\.lCIIIWD 1na:m.LU, IlmlCf uuCllolha .~ aUl_1 . I .AUID U ... .D11I IA. Of' . ii."'J:" : .... ./ , to n--'.. -.-- .,.. .. '." 'l-\ : ' . :';: ~ I , , i , , '. , .c, ~ ~. '--f .'1 ~ ::r:ll 811& : ::.J'.l::\ )~"I ~I t ~.,' '... ~, ...1 ~ ."...c .,,:. .". . '..' '" " ' , "'. 'r.m.n~-:.n;:a-~~I:I~~~" O_lM*1 IU. I.-:--y:-----~-----'--'--,'~.l. . '" '. . .~.~ I... . L_~~__.___.J.~._._.__ ~ ", NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hearing will be held at 7:00 p.m. on November 20, 1986; by the La Porte Planning and Zoning Comlrtis- sian to consider the comprehensive rezoning of all ~.I;lnd~ !:{'"t~!m~d with the City limits of the City of La 'Porte, Harris County, Texas in accordance with and pursuant to the map attached to this notice. The zon- ing Ordinaote of the City of 'La Porte; containing ap- plicable zoning regulations concerning the zoning 'classification contaQled on the map and further con- "t.rniii~j~':.the regu'liition and restriction: of height, iiuij1ber-.~f':stories, size of buildings and other struc- -tures, the, percentage of lot that may be occupied, the ..!!.!!' !i" Y!!rdS/ ~c~~~<and other open spaces, the dens i- .... .1.:.....~ _ '(. ~.. ~..._._ .. .. . I . :"!T,'-- .~-:-. -T I , i i i ... i .'-.' '..' . "" i \ \ \ , \, , f. ; :(. I )' ~ '. .,~~.~. . ._" 0" ~ .' \ , ' \., /' '. ... .......:... r....', , h:. I, l,r\ ',j U '!t. \ --.---..,j , ,\ I ,\ OFFICIAL ZOflIG MAP _.,.CIOI9tI._.___ ------.-.... -- .--........- LEGEM) ... ........~--- ... LOW ..."...~ ... ____-.n.~ ..,.....Dt.IISrft~ IIC:_~~ QC~",,~ . ....sa .....,..." ,.... u UGIft'_fIIM. ......" _lIUL .... ...........,. ~ ty of population, and the use of buildings, structures, and land, are on file in the office of the City Secretary I of the City of La Porte and are available for public in- spection between the hours of 8:00 a.m. and 5:00 p.m. Monday-Friday, at the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Harris County, Texas. This public hearing will be conducted in the Council Chambers of the La. Porte City Hall, 604 West Fair- mont Parkway. Letters concerning this matter should be addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in before the meeting is convened. . ; r 4 CITY OF LA'PORTE Cherie Black City Secretary ~ . ,; r " ., il . I I I - . ,I ."j- "0 ;. : .......l~... " ............. l_~'DlsnlCT DtUGDUu .~ .ut..J.a . lit lUlU 011 rw: .D11I IMr or D I 1"~, ~ - - . . l~ / \' '0---.---- ..-. . .,' i' ' ill!' , :';; r , I ',' , , , ~;" "f<.A ~ IH IIIl , . IIIl , \. " ' ," . &AYPOn IIrtlUft'IUL DunsCT AI iD'r1:Iu;~ " OIDSUICE 1101 ,. . '&SlID _,tll InI"" Of J~'.:. '''0.,,- . , \,) r.-::..--.-.------------.--~~"'"". ,I . i '" ,'" 1'.1 ':'\ ;,:.-.-----...1 r ' , .. _'~ . '. ii. , . ".. . . _':~~, , _ ' ,~~ '. l.---:~__.___.J.~._.~__. NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hearing will be held at 7:00 p.m. on November 20, 1986, by the La Porte Planning and Zoning Commis- sion to consider the comprehensive rezoning of all : ~'ands contained with the City limits of the City of La "~:''Porte, Harris County, Texas in accordance with and pursuant to the map attached to this notice. The zon- ing Ordinance of the City of La Porte, containing ap- plicable zon'ing regulations concerning the zoning classification contained on the map and further con- 'cerRing the regulation and restriction of height, -number of stories, size of buildings and other struc- tures, the percentage of lot that may be occupied, the ,,:size of yards, courts, a~'lCfother open spaces, the densi- .. ,'!I'-" .. ., ,,',' . ~.. . :'"(.'-- ,---:.-:-- --r I ! ~~.~'4.:' ............ . .~ . . ~. ............... . .. , , . . ....:...,---........... ". "'" '. N ...., ,', . . .~~\ -;7 -~ .-' I . i'l I 'Jl ,'tl u 'l. \ '-'-'--1 OFFICIAl. ZONING MAP _.'.-'._0__. -- --...-........ --.. .-................ -- i"I. LEGEND .. .....AC'1\IIED __ ., LOW DDIIIn..~ ::: ::..-::m.-:=......... tIC -IGHNIMIOOD ~ cae: ....... c--=-. . .....u ICIUI'1IIII. ... u UGII1'_TIUL II IllAn_,-- .. ~"'.-.....-r ty of population, and the use of buildings, structures, and land, are on file in the office of the City Secretary of the City of La Porte and are available for public in- spection between the hours of 8:00 a.m. and 5:00 p.m. Monday-Friday, at the La Porte City Hall, 604 West 'Fairmont Parkway, La Porte, Harris County, Texas. This public hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fair- mont Parkway. Letters concerning this matter should be addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary . . AGENDA REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD JANUARY 12, 1987, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M., TO CONSIDER AND, IF APPROPRIATE, ACT UPON THE FOLLOWING ITEMS Next Ord. 1526 Next Res. 87-1 1- 2. CALL TO ORDER 3. INVOCATION BY COUNCILPERSON SKELTON CONSIDER APPROVING MINUTES OF THE REGULAR MEETING OF COUNCIL HELD DECEMBER 15, 1986 CONSIDER APPROVING MINUTES OF THE PUBLIC HEARING BY CITY COUNCIL REGARDING THE PROPOSED ZONING MAP, HELD JANUAR~ 8, 1987 4. 5. PRESENTATION OF EMPLOYEE OF THE QUARTER AWARD - SEPTEMBER-NOVEMBER 1986 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL CONSIDER ORDINANCE ADOPTING PROPOSED CITY OF LA PORTE ZONING ORDINANCE AND MAP (Ord. 1501) - J. Joerns/D. Paulissen CONSIDER ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE (Ord. 1526) - K. Askins CONSIDER ORDINANCE APPROVING AMENDED AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE REGARDING SYLVAN BEACH PARK (Ord. 1527) - R. Herrera 10. CONSIDER ORDINANCE CLOSING ALLEY IN BLOCK 708, TOWN OF LA PORTE (Ord. 1528) - R. Herrera 1 . 8. 9. 11. CONSIDER A RESOLUTION IN SUPPORT OF SENATE BILL NO. 63, RELATING TO THE COMPOSITION AND APPOINTMENT OF THE PORT COMMISSION AND NAVIGATION BOARD OF THE PORT OF HOUSTON AUTHORITY (Res. 87-1) - B. D. Skelton 12. CONSIDER APPROVING AN AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION SERVICES - J. Sease 13. CONSIDER AWARDING BID FOR DEMOLITION OF BUILDINGS - D. Paulissen/M. Lewis 14. CONSIDER AWARDING BID FOR REPAIR/REPLACEMENT OF GROUND STORAGE TANK AT 10220 HILLRIDGE - S. Gillett/T. Blackwell 15. CONSIDER AWARDING BID FOR REPAIRS TO SYLVAN BEACH PAVILION - E. Griffith 16. ADMINISTRATIVE REPORTS UPDATE ON CAER PROGRAM 17. COUNCIL ACTION 18. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E), (F), (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) LAND ACQUISITION: REGARDING PURCHASE OF LAND FOR PARK PURPOSES AT JENNY RILEY COMMUNITY CENTER - S. Sherwood LEGAL: DISCUSSION WITH ATTORNEY REGARDING PENDING HEARING ON ORDINANCE VIOLATION BY SWEET PEA'S PO BOY AND SANDWICH SHOPPE 18. ADJOURNMENT A. B. '. . THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) I hereby certify that the attached and foregoing is a true and correct cOPY/of the notice of meeting of City Council for June 9. 1986, as posted on the 5th day of June, 1986. The meeting was properly posted according to law, prior to the date of the meeting. To certify which, witness my hand and Seal of Office, this the 5th day of June, 1986. _~~~~S.~"2\\ , I~;~-~ ....~~;c .. -- , j~, ~ '~,,'. 8 .- :':<,,)~/ . [ "J'. .. - ,,~t , -::; ~, /......... .I..: . ,1 ......;,~ ;:.: :... .. -, ',' c '" - t.. ~ ;...~ ~~;f;- '. !o>.::-,::"~ '.'\'~~~""-: . r!LA~< .ttA"L. City Secretary EXHIBIT E "THE STATE OF TEXAS. ) COUNTY OF HARRIS ) CITY OF LA PORTE ) . NOTICE OF MEETING Notice is hereby given that the City Council of the City of La Porte will meet in Regular Session at 6:00 P.M. on the 9th day of June, 1986, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. A copy of the agenda for said meeting, showing the subjects of such meeting, is attached hereto. I hereby certify that I posted this notice on the bulletin board located at a place convenient to the public in the City Hall of the City of La Porte, at 5:00 P.H. on the 5th day of June, 1986, and that said notice was posted for at least three days preceding the day of the meeting, that such notice was posted before the meeting was convened, or called to order, and that said meeting was called because of an emergency of urgent public necessity. Witness my hand and the Seal of the City of La Porte, Texas, this the 5th day of June, 1986. , .~ \ J. .." "\ I ~ t I I , I . I , . . , " , , , " ':: '), . , CITY OF LA PORTE . , " II \ I, a~,~/~ Cherie Black City Sec reta t"Y THE STATE OF T~S COUNTY OF HARRIS CITY OF LA PORTE ) ) ) . NOTICE OF MEETING Notice is hereby given that the City Council of the City of La Porte will meet in Regular Session on the 12th day of January, 1987, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 7:00 P.M. A copy of the agenda for said meeting, showing the subjects of such meeting, is attached hereto. I hereby certify that I posted this notice on the bulletin board located at a place convenient to the public in the City Hall of the City of La Porte, at 5:00 P.M. on the 8th day of January, 1987, and that said notice was posted for at least the three days preceding the day of the meeting, that such notice was posted before the meeting was convened, or called to order, and that said meeting was called because of an emergency of urgent public necessity. Witness my hand and the Seal of the City of La Porte, Texas, this the 8th day of January, 1987. , ,\ .' ..' . . ' \\ ,: I, - \ II . ,,:'~ \ )lll'.'I" l .. . ... . ! )..... (... ,I ,I 1 I ~ . r I ~" .. \ I , \ ... .', I ' , . II, ';) ", .' ( I, , I " '- ~ ., I. I" l , ' I. t . 'I, I' ',' I \ I '\ . , \, "', "',-;/ :, " ,I I ~~ " I ~ ~ Z : ~ CITY OF LA PORTE (l7;) . '. j) I J l/fu/'vU...- Uti.. eft' , ~ Cherie Black City Secretary .I . . AGENDA REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD JUNE 9, 1986, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Ord. 1500 Next Res. 86-14 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON GAY 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING HELD MAY 12, 1986 4. CONSIDER APPROVING MINUTES OF EMERGENCY MEETING HELD MAY 14, 1986 5. SPECIAL PRESENTATION TO DELBERT WALKER 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL 1. CONSIDER RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS TO DOW CHEMICAL COMPANY (Res. 86-14) - K. Askins 8. CONSIDER ORDINANCE ESTABLISHING NEW EMERGENCY MEDICAL SERVICES RATE STRUCTURE (Ord. 1500) - R. Hare 9. CONSIDER APPROVING ANNUAL CONTRACTS WITH PORT OF HOUSTON AND WEST GULF MARITIME - R. Hare 10. CONSIDER ADOPTING ZONING ORDINANCE TEXT (Ord. 1501) - D. Paulissen 11. CONSIDER ADOPTING AMENDMENT TO JUNK VEHICLE ORDINANCE (Ord. 1387-A) - D. Paulissen 12. CONSIDER APPROVING RESOLUTION AUTHORIZING CONVEYANCE OF LAND TO HARRIS COUNTY FOR RIGHT-OF-WAY FOR WIDENING OF BARBOUR'S CUT BOULEVARD (Res. 86-15) - K. Askins 13. CONSIDER RESOLUTION APPROVING A $1.00 ADMISSION CHARGE TO SYLVAN BEACH PARK FOR PARKS AND RECREATION DEPARTMENT'S 4TH OF JULY FESTIVITIES (Res. 86-16) - S. Sherwood 14. CONSIDER PROPOSED RATE INCREASE OF JAMES BENEFITS ADMINISTRATIVE FEES - R. Hare 15. CONSIDER APPROVING JAIL MODIFICATION AND AUTHORIZING BUDGET TRANSFER OF $3,500.00 FROM CONTINGENCY FUND TO COVER COST C. Smith 16. CONSIDER CONTRACT FOR ENVIRONMENTAL STUDY OF LITTLE CEDAR BAYOU PARK - S. Sherwood 17. CONSIDER APPROVING MASTER PLAN FOR LITTLE CEDAR BAYOU PARK - S. Sherwood 18. CONSENT AGENDA - ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION BY COUNCIL A. CONSIDER AWARDING BID FOR BANK SAND - S. Gillett B. CONSIDER AWARDING BID FOR AUTOMOTIVE SUPPLIES - S. Gillett C. CONSIDER AWARDING BID FOR FRONT LOAD CONTAINERS - S. Gillett 19. WORKSHOP ITEM: REPORT FROM ADMINISTRATION ON REVISIONS OF CHAPTERS 7 AND 8 OF THE PERSONNEL POLICIES - R. Hare " ." ~ . . 20. ADMINISTRATIVE REPORTS 21. COUNCIL ACTION 22. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E), (F), (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) A. LEGAL: DISCUSS CLAIM OF AMERICAN CONSTRUCTORS, INC., WITH CITY ATTORNEY B. LAND ACQUISITION:. CONFER WITH CITY ATTORNEY CONCERNING NORTHWEST PARK PROPERTY AND LITTLE CEDAR BAYOU GOLF COURSE PROPERTY 23. ADJOURNMENT