HomeMy WebLinkAboutO-2005-1501-NNNN shipping containers
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ORDINANCE NO, 1501- N N N tJ
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, SECTION 106-751, PERTAINING TO SHIPPING CONTAINER USAGE AS TEMPORARY
MATERIAL STORAGE FACILITIES ON CONSTRUCTION SITES IN RESIDENTIAL ZONING
DISTRICTS OF THE CITY OF LA PORTE; MAKING.CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 1th day of March, 2005, at 6:00 p.m. a Public Hearing
was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant
to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. On March 17, 2005, the Planning and Zoning Commission of the City of
La Porte met in regular session to consider changes in classification, which were the subject of
such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on
the 28th day of March, 2005, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
ORDINANCE NO. 1501-
Page 2
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hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 25th day of April, 2005, at 6:00 p.m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission regarding the
amendment of Section 106-751, of the Code of Ordinances, as shown on Exhibit "F", attached
hereto and fully incorporated in this ordinance as if set forth herein verbatim.
"Section 7. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are
desirable and in furtherance of the goals and objectives stated in the City of La Porte's
Comprehensive Plan.
"Section 8. The City Council official finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
ORDINANCE NO. 1501- N 'N N
Page 3
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"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the d61i- d~y ofu.pil2005.
CITY Olf ~ORTE,,", U
By: ~.\~
ALTON PORTER, Mayor
ATTEST
BY:~U. C#dd
MARTHA GILLETT, City Secretary
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day
of March, 2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas, The purpose of this hearing is to consider amending the Code of Ordinances of the City of
La Porte, Chapter 106, more commonly referred to as the Zoning Ordinance, pertaining to Section
106-751, Shipping Containers. The purpose is to permit shipping containers as temporary
material storage facilities for commercial constructions allowed in residential zoning districts.
A regular meeting of the Planning and Zoning Commission will follow the public hearing for the
purpose of acting upon the public hearing items and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the public hearing will be required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL.
THIS FACILITY HAS DISABILITY ACCOMMODATIONS A VAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 28/-471-5030 FOR
FURTHER INFORMA TION.
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:~ TH~STA~OF~AS
~ COUNTY OF HAR-.
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! f. CITY OF LA PO~TE
,fe
d~ NOTICE OF PUBliC
'~ HEARING
Is: In acx:ordance with the
~ provisions of SectIon 1 Q6..
, 171 of the Code of Ordl-
C, nanc:eS of the City of La
all Porte. and lhe provisions
n, of the Texas Local Gov.
. emment Code, notice Is
, hereby given thai the La
~I' Porte Planning and Zoning
. Commission will conduct a
~ public hearing at 6:00 P,M.
at on the 17th day of March,
hJ 2005, in the Council
duct 'othermatle-r'$-pemufT- .
Ing to the Commission. .
Cilizens wishing to ad-
, dress th, Commission pro
'or con during the public
hearing will be required 10
sign in before the meeting
I is conv~,
CITY OF LA PORTE .
Martha Gillett
City Secretary
A QU()RUM OF CITY
COUNCIL MEMBERS
MAY BE PRESENT AND
PARTICIPATE IN DIS-
CUSSIONS DURING
THIS MEETING; HOWEV-
ER. NO ACTION WILL BE
TAKEN BY COUNCIL.
THIS. FACIUTY HAS DIS-
ABIUTY ACCOMMODA-
TIONS AVAILABLE. RE-
QUESTS FOR ACCOM-
MODA nONS FOR IN-
TERPRETIVE SERVICES
AT MEETINGS SHOULD
BE MADE 48 HOURS
PRIOR TO THE MEET-
ING. PLEASE CONTACT
THE CITY SECRETARY'S
OFFICE AT 281-471-5020
OR TDD .LINE 281-471-
5030 FOR FUFrrHER IN~ "
FORMATION.
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281-471-1234
Fux: 2~1-471-S7G3
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undersigned authority, on this date
red Karolyn Kellogg, a duly authorized
of The Bayshore Sun, a semi-weekly
ished and generally distributed in the
te, Harris County, Texas and who after
rn, swears the attached notice w~
'ne Bayshore Sun dated O;l. /,;/1 os-
,
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:ribed before me this / :J. -rH day of
, 2005.
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:lrner
Texas
My Commission Expires April 30, 2006
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City of La IP~O)]rft~
Established 1892
March 28, 2005
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Shipping Containers as temporary material storage in Residential Districts
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during a regular meeting on March 17,
2005, held a public hearing to consider amendments to the Zoning Ordinance (Chapter
106), Section 106-751 related to shipping container usage as temporary material storage 0
facilities in residential zoning districts,
The Planning and Zoning Commission, by a unanimous vote, recommends approval of
the Zoning Ordinance amendment to allow shipping containers as temporary material
storage facilities for commercial construction sites permitted in residential zoning
districts. In addition, Certificate of Occupancy shall not be issued until shipping container
is removed from the site,
Pat Muston
Chairperson, Planning and Zoning Commission
c: Debra Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. 0 La Porte, Texas 77571 0 (281) 471-5020
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on the 25th day of April, 2005, in
the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, The purpose
of this hearing is to consider amending the Code of Ordinances of the City of La Porte, Chapter 106,
more commonly referred to as the Zoning Ordinance, pertaining to Section 106-751, Shipping
Containers, The purpose is to permit shipping containers as temporary material storage facilities
for commercial constructions sites allowed in residential zoning districts.
A regular meeting of the City Council will follow'the public hearing for the purpose of acting upon
the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required to sign
in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
THIS FACILITY HAS DISABILITY ACCOMMODATIONS A VAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-47/-5020 OR TDD LINE 28/-47/-5030 FOR
FURTHER INFORMATION.
~~llr.831f;? 1j)
......
A regular" mE!8tlng of the
City Council will follow the
, public hearing for the pur-
pose of acting upon the
public hearing items and to
. ..conduct other malters per-
taining to the Council.
Citizens wishing, to ad-
dress the Council pro or
con during the public hear-
, Ing will be required 10 sign
, in ,before the meeting is
convened.
CITY OF LA PORTE
Martha GlIJett. TAMC
. City ~retary
THIS FACILITY HAS DIS-
ABILITY ACCOMMODA-
. TlONS AVAILABLE. RE-'
QUESTS' FOR ACCOM-
MODA TlONS FOR IN-
TERPRETIVE SERVICES
AT MEETINGS SHOULD
BE MADE 48 HOURS
PRIOR TO THE MEET-
ING. PLEASE CONTACT
THE CITY SECRETARY'S
OFFICE AT 281-471-5020
OR TOO LINE 281-471-
5030 FOR FURTHER IN-
FORMATION.
.
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281-471-1234
Fax: 2S1-471-S763
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:undersigned authority, on this date
":ed Karolyn Kellogg, a duly authorized
of The Bayshore Sun, a semi-weekly
'~shed and generally distributed in the
te, Harris County, Texas and who after
'tn, swears the attached not>ce was
he Bayshore Sun dated 0 t.f 10 10:;-
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!cribed before me this I J -rt4 day of
-' 2005_
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Texas
Expires April 30, 2006
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LA PORTE CODE
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~ 106-751
Sec. 106-751. Shipping containers.
Shipping containers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-I, R-2, and R-3), (Ord. No. 1501-II, 9 7, 3-27-00)
In addition, commercial construction allowed in residential zoning districts may use shipping
containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be
issued until shipping container is removedfrom the site.)
Secs. 106-752-106-770. Reserved.
DIVISION 3. AREA REQUIREMENTS
Sec. 106-771. Yard requirements,
The following shall not be considered as encroachments on yard setback requirements:
(1) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills,
pilasters, lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like,
provided they do not project more than four feet into any front or rear yard, and two feet
into any side yard.
(2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they
do not extend more than one foot above the height of the exterior finish grade elevation,
or to a distance less than two feet from any lot line, or encroach upon any utility
easement. Further, pools shall not be considered as an encroachment on a front yard
setback, provided that such pools are located in a front yard adjacent to Galveston Bay,
and provided further that such pool does not extend more than one foot above the exterior
finish grade elevation, or to a distance less than two feet from any lot line or encroach
upon any utility easement.
(3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided
that no portion of such patio covers, awnings, or canopies shall encroach into any utility
easements, or any vertical projection thereof, and provided further that no portion of such
patio covers, awnings, or canopies shall be located at a distance less than five feet from
the side property line or three feet from the rear property line, or any vertical projection
thereof,
(4) Front and side yard carports. Front and side yard carports shall be permitted for
single-family detached homes subject to the following requirements:
a. Carports in a required front or side yard shall not be located closer than five
feet from any front or side property line.
Supp. No, 4
CD106:8
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Staff Report
March 17, 2005
Shipping Containers
Zoning Ordinance Amendment
Background:
This review is being conducted in accordance with the Section 1 06-64( 11) of the Zoning
Ordinance (Chapter 106) of the City of La Porte. It requires the Planning and Zoning
Commission to recommend any change or modification of the Zoning Ordinance to determine
whether the Ordinance has become deficient, obsolete, and inadequate for any reason.
Staff proposed this amendment as requested by the First United Methodist Church & Life
Community Church located along Fairmont Parkway (letter attached), Currently, both the
churches are in the midst of major commercial building projects and need the containers
for storage of construction material and tools,
Existing Requirement:
Shipping Containers may be used as temporary material storage facilities
on construction sites in all zoning districts except residential (R-I, R-2,
and R-3),
Proposed Requirement:
Shipping Containers may be used as temporary material storage facilities
on construction sites in all zoning districts except residential (R-l, R-2,
and R-3),In addition, commercial construction allowed in residential
zoning districts may use shipping containers as temporary material
storage facilities. (Note: Certificate of Occupancy shall not be issued until
shipping container is removedfrom the site.)
Staff recommends that the Planning and Zoning Commission forward their
official position for action by City Council the amendment to Section 106-
751 of the Code of Ordinances.
Staffs opinion is that the intent of the current zoning ordinance was to
allow temporary use of shipping containers at commercial construction
sites and views the exclusion of this use by commercial construction sites
in residential zones as an oversight.
Actions available to the Commission are as follows:
. Conduct public hearing.
. Recommend approval of the above amendment,
. Recommend denial of the amendment
. Continue the public hearing until next meeting,
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First United Methodist Church of La Porte
9601 W Fairmont Parkway
LaPorte, TX 77571
281.478.4673
Life Community Church
9529 W Fairmont Parkway
La Porte, TX 77571
281.478.0594
Tammy Noel
604 W. Fairmont Parkway
La Porte, TX 77571
RSGEtViD
FEB 2 2 2005
Dear Tammy,
Thank you for bringing to our attention the problem with storage containers. We realize you are
only enforcing the zoning code as it is presently written.
As you know we are in the midst of major commercial building projects and need the containers
for storage of construction materials and tools. We would like to use the containers until the
-,-~-_.-.._.~ _.~,.= proj ect~ is-complete,in-their. present..location.€ven.t!u>ugh.it..is--zonect R-2.-We-de.ha.ve, NG..zoning-._--,~_..~~-
on part of our property, but that location would be much more visible to the community and less
'n'._ ,_...._ .. '.' .., ,~.c.c.~~~ibl~.!~,~~,~~!~!p':g, ~j~~:,._,_,_._....,.,...,_.,......._.._,.-_,_........__..__, -.....,-..,_.._,... - ....-........- --,.-,-..-.,...-.-,... --.-..,... .--...-. ...-
We would like the city to consider a friendly amendment to the ordinance similar to the
following (the amendment is in italics):
Sec. 106-751. Shipping containers. Shipping containers may be used as temporary material
storage-facilities on construction sites in all zoning districts except residential (R-l, R-2,
and R-3). Commercial construction allowed in residential zoning districts may use shipping
containers as temporary material storage facilities. COrd. No. 1501-ll, ~ 7,3-27-00)
Please consider this an official request for your consideration.
lly in Jesus Christ,
ni ed Methodist Church of La Porte
nt Parkway
7571
OJ~~
Alan Neel
Pastor Life Community Church
9529 W Fairmont Parkway
La Porte, TX 77571
RE.ST FOR CITY COUNCIL AeNDA ITEM
Agenda Date Requested: A
Ordinance
Staff Report
Appropriation: N/A
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item:
Requested By: Wa ne
Department: Planninl!
Report: _Resolution: _Ordinance: -L
Exhibits:
SUMMARY & RECOMMENDATION
Currently, the First United Methodist Church & Life Community Church located along Fairmont Parkway are in
the midst of major commercial building projects and requested to use shipping containers for storage of
construction material and tools at their sites. Both the churches are zoned residential. In accordance with Section
106-751 of the ordinance, shipping containers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-], R-2, and R-3).
Staff reviewed the above request and Section 106-64(11) ofthe Code of Ordinances (Chapter 106) of the City of La
Porte. It requires the Planning and Zoning Commission to recommend any change or modification of the Zoning
Ordinance to determine whether the Ordinance has become deficient, obsolete, and inadequate for any reason.
Staff researched this item to determine applicability and enforcement of the ordinance. Proposed amendment to
Section 106-751 of the ordinance is that commercial construction allowed in residential zoning districts may use
shipping containers as temporary material storage facilities. The commercial construction or facilities permitted in
residential districts are described as educational and religious institutions (school, church), daycare/childcare
centers, boarding/nursing homes, town homes, and apartments. In addition, the Building Official or the designated
officer will ensure the enforcement of the ordinance. However, Certificate of Occupancy shall not be issued until
shipping container is removed from the site.
The Planning and Zoning Commission, at their meeting on March 17,2005, voted unanimously to recommend City
Council amending the Code of Ordinances Chapter 106, Section ] 06-751 to permit shipping containers as
temporary material storage facilities for commercial constructions allowed in residential zoning districts.
Action Reauired bv Council:
1. Conduct public hearing.
2, Consider taking action on recommendation for approval by P&Z on Zoning Ordinance amendments related to
the shipping containers as temporary material storage facilities for commercial constructions sites allowed in
residential zoning districts.
Approved for Citv Council Ae:enda
D.~::J~:keu
?-~ -05
Date