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HomeMy WebLinkAboutO-2005-1501-MMMM Main St District/single family detached . e ORDINANCE NO. 1501-,LnM M fV\ 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, BY AMENDING ARTICLE III. DISTRICTS DIVISION 3. COMMERCIAL DISTRICT REGULA TlONS, SUBDIVISION 1 GENERALL Y, SEC. 106-441 TABLE A, COMMERCIAL USES AND BY AMENDING SUBDIVISION V. MAIN STREET DISTRICT WITH OVERLAY, SECTION 106-511, PERMITTED, ACCESSORY, AND SPECIAL CONDITIONAL USES; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETING.S 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 1 ih 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. Immediately following such public hearing 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 March 28. 2005, a ORDINANCE NO.t01-lA-M t-\ {\I\ Page 2 e 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 hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 25thday 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 "0", 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 106-441, Table A, Commercial Uses, and Section 106-511 to read 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 Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. e ^A. ' ORDINANCE NO. 1501-~M M M Page 3 e Section 8. The City Council officially 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. Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ~ day of April. 2005. 0:: PORTE By: LY~ ALTON PORTER, Mayor ATTEST: B e e 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, by amending Article III.Districts, Division 3, Commercial District Regulations, Subdivision 1, Section 106-441 Table A, Commercial Uses and by amending Subdivision V. Main Street District with Overlay, Section 106- 511, Permitted, Accessory, and Special Conditional Uses, The purpose is to permit single-family detached in the Main Street District. 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 AVAILABLE. REQUESTS FOR ACCOMMODATIONS FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRiOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. ~nr@Ulr it. ,'" Ii. 'I THE SIATl= C)l= TEXAS COUNTY OF HARRIS t CITY OF LA ~RTE I e e lrccl s 77571 281-471-1234 Fax: 281-471-5763 NOTICE OF PUBLIC HEARING - In accordance with the provisions of Section 106- ~ 171 pf the Code of 0rdI- , nances of the City of La ~ Porte. and the provisions ..... of the Texas Local Gov- ernment Code, notice Is hereby given that the La Porte Planning and Zoning , Commission wID conduct a public hearing at 8:00 P.M. on the 171h day of March. 2005. In the Council Cham~rs 01 the City Hall, 604 West Falrmont Park. way. La Porte. Texas;: The , purpose of this hearing Is a Po r t e to conslde IimendIng the H a r r i s Code of 0 nances of the f La orte,' terTexas m re Sun to_as din. ,by' :c/e " . - !rcIaI~ &Qu-, 'appeared Karolyn Kellogg, a duly authorized : =1 1 Tabl8 ~ .ative of The Bayshore Sun, a semi-weekly CommerCial Uses and bY~ published and generally distributed in the amending Subdivision V.:'a Porte, Harris Co un ty, Texas and who after ~~M~~_~ly sworn, swears the attached notice was_ pe::nilid. Accessory, 8ncii in The BayShore Sun dated t1:J../ ~ 7 / O~ Special Conditional Uses. The purpose Is 10 pennlt slngle-famlly detach8d In the Main Street Distr(ct - the undersigned authority, on this date ~, '. A regular meeting of the Planning and Zoning Com~ mIssion will follow the pub- Ke 110gg lie hearing lor the purpose of acting upon the public hearing items and to con- duct other matterS pertain- Ing 10 IheCommlsslOn. d subscribed before me this / ;;. 11-1 2005_ day of Citizens wishing to ad. dress the Commission pro or con during the public J L hearing wiD be required to ' . I~tf<.o"k~ sign in before the meeting Is convened. - ' -. Bumgarner 'ublic :ounty, Texas CITY OF LA PORTE Martha GHlett .City Secretary .ssion Expires April 30, 2006 A QUORUM OF CITY COUNCIL . MEMBERS MA Y BE PRESENT AND J, e e City of La p(Q)r~ce; Established 1892 March 28, 2005 Hon, Mayor Alton Porter and City Council City of La Porte Re: Residential Single-Family Detached in the Main Street District 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), by amending Article III. District, Division 3" Commercial District Regulations, Subdivision 1, Section 106-441, Table A, Commercial Uses and by amending Subdivision V, Main Street District with Overlay, Section 106-511, Permitted, Accessory, and Special Conditional Uses, to permit single-family detached residential in the Main Street District. The Planning and Zoning Commission, by a unanimous vote, recommends approval of the Zoning Ordinance amendment to allow single-family detached residential in the Main Street District (MSD), 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 ~~Zl}frn~[& C e e 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 Ordinailce, by amending Article III.Districts, Division 3. Commercial District Regulations, Subdivision 1, Section 106-441 Table A, Commercial Uses and by amending Subdivision V. Main Street District with Overlay, Section 106-511, Permitted, Accessory, and Special Conditional Uses, The purpose is to permit single-family detached in the Main Street District. 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 AVAILABLE. REQUESTS FOR ACCOMMODATIONS FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. ~~~n~w :J) ...... . .,... '!:I. , THESTATEOFTEXAS , COUNTY OF HARRIS , e ,e NOTICE OF PUBLIC HEARING ."cd 77571 281-471-1234 Fax: 2~1-471-S7G3 CITY OF LA PORTE In accordance with the , provisions of Section 106-.. 171 ot" the Code of Ordl- .. nanees of the City of La Porte, and. the provisions ~ of the Texas Local Gov- ernment 'Code, notICe Is hereby given that the La Porte City Council will con. duct a public hearing at 6:00 P.M. on the 25th day of AprU, 2005, in the Council Chambers of the City Hall, 604 West Fair. ment Parkway, l:a Porte," Texas. The purpose of this hearing Is to consider Po r t e amending the Code of Or. . dlnances of the City of La [a r r ~ S Porte, Chapter 106, more lxas com ani erred to as lhe ni~ 01" , by a. ng ,A . I.Dis- " !vi' : mer- the undersigned authority, on this date cial .t egulat~, lpeared Karolyn Kellogg a duly authorized SUbcflV I " Section . '. 106-441 . ble A, Com-:~ ve of The Bayshore Sun, a sem~-weekly merclal ses and by lUblished and generally distributed in the amending Subdivision V. Porte Harris Co un ty Texas and who after Main Street District with' '. Overlay, Section 106-6"11, sworn, swears the attached not~ce was Permitted, Accessory,$1Id.n The Bayshore Sun dated 04- //0/0 S- Special Conditional Uses. ' The purpose is to permit " single-family detached In " . the Main Street District. . A regUlar nieetlng" of the City Council wiD follow the public he~r1ng for' the. pur- L 1 pose of acting upon the public hearing Items and to conduct other matters per- taining 10 the'Councll. subscribed before me this /~~H CItIzens ,wishing to ad- , 2 0 0 5 . dress the Council pro or con during the public hear- ,ing will be requiredl\). sign 0 r.< _ .A ~ _ j In before the meeting Is.-&' /~V~ __ convened. . day of Bumgarner lic nty, Texas THISFACILlTYHAS"DIS-"lon Expires April 30, 2006 ABILITY ACCOMMODA- TIONS AVAILABLE. RE- QUESTS FOR ACCOM-, MODA TIONS FOR IN- TERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEET- ING. PLEASE CONTACT J THE CITY SECRETARY'S . eFFlCE AT 281-471-5020 OR roo LINE 281-471- 5030 FOR FURTHER IN. FORMATION. .. CITY OF LA PORTE Martha Gnlett, TRMC City Secrelary . EXHIBIT "F" e ARTICLE III, DISTRICTS Division 3. Commercial District Regulations Subdivision 1. Generally Sec. 106-441. Table A, Commercial uses. P (ABC) -- Permitted uses (subject to designated criteria established in section 106-444). P -- Permitted uses. A -- Accessory uses (subject to requirements of section 106-741). C -- Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-444). * -- Not allowed. Uses (SIC Code #) Zones CR NC GC MS All uses permitted or/accessory in R-3 zone, except single-family detached and special lot, duplexes, quadruplexes, townhouses, and multifamily P P p1 Single Family Detached * * * p3 All conditional uses in R-3 zone * C C C Agricultural service (076--078) * * P P Amusements (791--799) C * P P Amusement (7993)1 C * P P Antique and used merchandise stores (5932) * P P P Arrangements for passenger transport (472) * * P P Arrangement for shipping and transport (473) * * p2 P Apparel and accessory stores (561--569) C * P P Automotive dealers and service stations (551, 552, 553, 555--559) * * P P Automotive repair, services (751--754) * * P P Banking (601--605) * * P P Building construction--General contractors (152--161 ) * * P P Building construction--Special trade contractors (171--179) * * P P Building materials, garden supply (521--523,526--527) * * P P . e Business services (731, 732, 736--738) * * P P Business services (7359) * * P(A, B, C, D) P Civil, social and fraternal organizations, (8641) C C C C Communications (481--489) * * P P Convenience stores (5411) * P P P Credit agencies (611--616) * * P P Dog grooming * * P (H) P Drugstores (591) * P P P Eating and drinking places (5813) C * P P Eating places (5812) C P P P Electric, gas and sanitary services (491,4923,493,494,4952) * P P P Engineering, architectural, accounting services (871--872) * P P P Food stores, general (541,542,544,545,549) * * P P Freestanding on-premises signs See article VII of this chapter Governmental and public utility buildings (911--922, 9631, 4311) C * P P Grocery, fruit and vegetable stores (542, 543) * P P P Hardware stores (525) * P P P Home furnishing stores (571--573) * * P P Hotels and motels (701, 7032, 704) C * P P Hospitals, laboratories (806--809) * * P C Insurance, real estate, legal, stock and commodity brokers, agents (641--679) * P P P Laundry (plants) (7216--7219) * * P * Membership organizations (861--869) * * P C Miniwarehousing (4225) * * C * Misc. retail (592,593,5948, 596--599, 5399) C * P P Misc. repair services (762--764) * P P P Misc. shopping (5941--5947,5949,5992--5994) C P P P Misc. shopping (5995, 5999) C * * P Motion picture theaters (7832) * * P P Museums, art galleries (841--842) C * P P Offices for doctors, dentists, etc. (801--805) * P P P fa e Passenger transportation (411--415) * * P P Personal services (7211--7215, 722--729) * P P P Recreational buildings and community centers C P P P Reproduction, photography, and cleaning services (733--734) * P P P Repair services (7699) (except tank truck cleaning) * * P P Retail bakeries (546) * P P P Securities and insurance (621--639) * * P P Service stations (554) * P P Service stations, excluding truck stops (554) C * P P Underground pipelines (461) * P P P Veterinary services (0742) * P P P Video rental and sales shop * P P P Parking ramps and structures C P P C Commercial PUD (Refer to section 106-636) * C C C Outdoor sales as a primary or accessory use * * P (C, G) P Outdoor storage as a primary or accessory use C * P (B) P Off-site parking C C C C Off-street loading C C C C Joint parking C C C C Drive-in or drive through facilities as an accessory or principle use C C C C Kennels, boarding (0752) * * C C Kennels, breeding (0279) * * C C Unlisted uses, similar to uses listed above C C C C 1 Within the Overlay portion, residential activities are only allowed above the first floor. 2, Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.) 3, Single Family Detached prohibited in Main Street Overlay Zone, but permitted in Main Street District. (Ord. No. 1501-JJ, ~ 7, 10-14-02) tit e DIVISION 3. COMMERCIAL DISTRICT REGULATIONS Subdivision V, Main Street District with Overlay Sec,106-510 Purpose; Main Street District; Main Street Overlay District Defined The purpose of the Main Street District is to preserve the character of the original Main Street area of La Porte. The intent of a Main Street District within an Overlay area is to allow greater flexibility of normal City requirements and create an environment reflective of an era when travel was based less on vehicular traffic and more on pedestrian access with retail trade more closely clustered. The general boundaries of the Main Street Overlay portion of the District shall extend from SH 146 to Kansas, and include the properties along both sides of Main Street. These properties are bounded on the north by the alley located north of and parallel to Main Street and on the south by the alley located south of and parallel to Main Street (see map). The general boundaries of the Main Street District shall be from SH 146 eastward to Kansas St. on both sides of Main Street from the alley one-half block north to the alley one-half block south of Main Street. The overall boundary shall be SH 146 to Kansas plus one block south (1st and W. liB" to Virginia and back up to E. "A"). (See Map) Sec, 106-511 Permitted, accessory, and special conditional uses, Commercial and all residential activities are permitted, except warehousing and storage; however, if owned by or incidental to a primary business they would be allowed as indicated in Table A, Main Street Overlay uses, section 106441 Sec.106-512 Density/intensity regulations, Refer to Table B, Main Street Overlay requirements, section 106443 Sec,106-513 Special regulations and procedures. For new construction no customer parking is required; however, businesses are required to provide a minimum of two employee parking spaces. Also for new construction, no parking lots shall be developed in front of the building within the Overlay portion of the Main Street District. Alley ways within the district shall be considered as driving aisles for the purposes of parking requirements. Each business is allowed one wall sign not to cover more than 25% of the their exterior facade, as well as one shingle with a maximum face of 15 sq. ft. per side and a required 8 ft. minimum clearance. When most of a dumpster is visible from a public street the dumpster shall be screened. If it is visible only via the alley from a public street, screening will not be required. Property owners are not required to install sidewalks within the district. Refer to articles IV, V, VI and VII of this chapter for further regulations and procedures. Secs, 106-514-520 Reserved e e Staff Report March 17,2005 Main Street District Zoning Ordinance Amendment Background: . Last year, City Council passed a moratorium on new construction within an area identified as the Main Street District, . The purpose of the Main Street District was to prevent any decay of the existing uniqueness of the area, preserve the district and to aid in its vitality. . The Main Street District Committee reviewed the current zoning regulations and suggested possible changes or modifications, . The Main Street District area needed regulations that had more flexibility than any of the zoning classifications allowed. The end result was a mixed-use zone, In addition, single- family detached shall be permitted, . The interior of this district, however, had some unique characteristics that needed some additional considerations, so an overlay district was created where residential activities were allowed above the first floor. . The Planning and Zoning Commission, during their September 16, 2004 meeting, held a public hearing to receive citizen comments for the creation of Main Street District classification and regulations. . City Council, at the November 24, 2004 meeting, approved an Ordinance for the Main Street District. Analysis: . The City received a request to lease and remodel an existing structure at 120 S, Broadway, It has a commercial facility along with a house in the rear, Currently, the property is zoned Main Street District (MS). . It was discovered that new wording to the zoning ordinance inadvertently excluded single-family detached from Main Street District. . The current Ordinance permits residential activities within the overlay portion only above the first floor, This is a misinterpretation of the concept or scope of the creation of Main Street District. The intent is to preserve the value and character of the original Main Street area of La Porte and keep single-family detached intact. Conclusion & Recommendation: Staff reviewed the current ordinance and found a correction is needed in this regard. Staff recommends that single family detached should be permitted in Main Street District as intended, 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. e . " 1 .;1 ~.I ~ ,~. ,. . . '. .... ~7~ !.~ ~ ,;f. ~~ ~ ,~ -4 ...! .. 'f l~ .1.. , - i _~ t-'. REQulT FOR CITY COUNCIL AGlIDA ITEM Agenda Date Requested: April 25. 2005 Requested By: Way.e J~ Department: Plan nine: Appropriation Source of Funds: N/A N/A Account Number: Report: _Resolution: _Ordinance: -K- Amount Budgeted: N/A Budgeted Item: N/A N/A Exhibits: Ordinance Staff Report MSD Map Amount Requested: SUMMARY & RECOMMENDATION Last year, City Council passed a moratorium on new construction within an area identified as the Main Street District. The purpose of the Main Street District was to prevent any decay of the existing uniqueness of the area, preserve the district and to aid in its vitality. The Main Street District Committee reviewed the current zoning regulations and suggested possible changes or modifications. The Main Street District area needed regulations that had more flexibility than any of the zoning classifications allowed. The end result was a mixed-use zone allowing commercial and residential activities. The interior of this district, however, had some unique characteristics that needed some additional considerations, so an overlay district was created where residential activities were allowed only above the first floor. The Planning and Zoning Commission, during their September 16,2004 meeting, held a public hearing to receive citizen comments for the creation of Main Street District classification and regulations. City Council, at the November 24, 4004 meeting, approved an Ordinance for the Main Street District and overlay zone. The City received a request to lease and remodel an existing structure at 120 S. Broadway. It has a commercial facility along with a house in the rear. Currently, the property is zoned Main Street District (MSD). It was discovered that new wording to the zoning ordinance inadvertently excluded single-family detached from Main Street District. The current Ordinance only permits residential activities within the overlay portion above the first floor. This is a misinterpretation of the concept or scope of the creation of Main Street District. The intent is to preserve the value and character of the original Main Street area of La Porte and keep single-family detached intact within the boundaries of the District, but outside of the overlay. The Planning and Zoning Commission, during their March 17, 2005 meeting, held a public hearing to receive citizen comments regarding amending the Code of Ordinances of the City of La Porte, Chapter 106, more commonly referred to as the Zoning Ordinance, by amending Article I1LDistricts, Division 3. Commercial District Regulations, Subdivision I, Section 106- 441 Table A, Commercial Uses and by amending Subdivision V. Main Street District with Overlay, Section 106-511, Permitted, Accessory, and Special Conditional Uses, to permit single-family detached in the Main Street District. As required by ordinance, notices of public hearing were mailed to property owners within 200' of the Main Street District. After careful consideration, the Planning and Zoning Commission, by a unanimous vote, forwarded the proposed zoning ordinance amendments to City Council for approval. Action Reauired by Council: 1. Conduct public hearing. 2, Consider taking action on recommendation for approval by P&Z on Zoning Ordinance amendments related to the Main Street District, to allow single-family residential detached in the Main Street District. Approved for City Council Ae:enda 4- oW -05 Date