HomeMy WebLinkAboutO-2005-1501-LLLL 40% lot coverage
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ORDINANCE NO, 1501- LLL L
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 106-333, TABLE B (RESIDENTIAL AREA REQUIREMENTS) FOR SINGLE-FAMILY
(DETACHED) RESIDENTIAL, BY MODIFYING THE MAXIMUM LOT COVERAGE OF 40%
REGULATION FOR STRUCTURES WITHIN THESE 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 17th 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 Cou~cil of the City of La Porte called a public
ORDINANCE NO. 1501- L~ L
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 "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 106-333, Table B, Residential Area Requirements, for Single-Family
Detached, 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,
ORDINANCE NO. 1501- L~L
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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 ~ay ~. 2005.
CITY ~ ~ PORTE \l)
By: ~L,\~
ALTON PORTER, Mayor
ATTEST:
By:~dJ11-kAdJiI
MAR A 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
106-333; Table B., Residential Area Requirements, for single-family (detached) dwellings. The
purpose is to amend, or modify the maximum lot coverage of 40%.
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 PARTlCIPA 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 281-47/-5020 OR TDD LINE 281-471-5030 FOR
FURTHER INFORMATION.
~D@W' A
"
In ac:cordance. with the
provisions of Section 106-
171 of the Code of Ordi- ~
naJlCeS of the CIty of La a
Porte, and the provisions [.
of the Texas Local Gov.
emment Code, notice Is
hereby given !hat the La
Porte Planning ~ Zoning.
I Commission will eonduct a I
I public hearing at 6:00 P.Y.
, on the 17th clay or March'l
12005. in lhe Council
Chambers of the City Hall,.
J 604. West FaIrmont Park~
~ orte, Texas. The I
. f this hearing Is
~ 10 si r . . thelorte
~ C, the. rris
, e, C tei'
I. 1 , re- .'\as
ferred to ' Zoning Or-
dinance, I,nlng to Sec-
tion 106-333: Table B.,
Residential Area Require- he undersigned authority, on this date
ments, for single-family eared Karolyn Kellogg, a duly authorized
, (detached) dwellings. The f h h . k 1
,purpose Is to arnend~ or ve 0 T e Bays ore Sun, a sem1-wee y
modify th~ maximum lot' blished and generally dis tributed in the
; coverage of 4O'Yo. . 'orte, Harris County, Texas and who after
i worn, swears the attached notice was
A regul8r meeting of !he The B~yshore Sun dated O:2../t:2? I {) S-
f Planning and Zoning Com-
I mission wUl follow the pub- "
:~~~w~
SWlr~ ~nd subscribed before me
~ ' 2005. .
.~~.~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
~ THS.~T"Tf.9F TEXAS
I COUNTY OF ~RRIS '
~; CITY OF LA PORTE
IJ NOTICE OF PUBLIC
~ HEARING
"'f,
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281-471-1234
Fax: 2~1-471-S763
this
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day of
My Commission Expires April 30, 2006
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City of LCdl p(Q)Irt~
Established 1892
March 28, 2005
Hon, Mayor Alton Porter and City Council
City of La Porte
Re: Maximum Lot Coverage 40%
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 106-333; Table B., Residential Area Requirements, for single-family
detached dwellings to change the maximum allowable lot coverage of 40%,
The Planning and Zoning Commission, by a unanimous vote, recommends approval of
the Zoning Ordinance amendment related to maximum 40% lot coverage for single-
family detached homes and coverage requirements for all other developments remains in
Chapter 106 (Zoning).
Respectfully Submitted,
~~~
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 Porre, Texas 77571 0 (281) 471-5020
~U@lIft C
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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 Govemment 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 106-333; Table B.,
Residential Area Requirements, for single-family detached dwellings. The purpose is to amend,
or modify the maximum lot coverage of 40%.
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 matt~rs 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 281-47/-5020 OR TDD LiNE 281-47/-5030 FOR
FURTHER INFORMATION.
[~~~n[8jlffi :)
,
, "
! THESTATEOFTEXAS
I '
I COUNTY OF HARRIS
CITY OF LA PORTE
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""""'In,","", ,.__.._- 1._.~........ .
the Zoning Ordinance, per-
taining to Section 106-333;
Table B., Residential Area
Requirements, for single-
family detached dwellings.
The purpose Is to amend,
or mod"lfy Ihe maximum 101
coverage of .40%.
A~. ~mee_'n. tthe
C!. i:' ill .,the E>orte
publIC f ur- .
pose of pon the 3.rr ~ s
public h ./ng Items and to Ka s
conduct other mailers per-
taining 10 the Council.
Ba, · re Sun
~~'. ..:: .:;~{W:t:..~~:;,~%1:r}~:~t'::;F:-:;~,!:!-$~
-.,. "",<./.;;~;:':~:'.~::::'~:~:~:t:'~.:~z;;':'~',,: :'~;7~'
'Serving The jiil'ysl.la.7Ye:(lt:;'ea Since 1947'
281-471-1234
Fax: 281-471-5763
NOTICE OF PUBLIC
HEARING
:l
7571
In accordance with the
provisions of Section 106- .
171 of the Code of Ordi-
, nances of the City of La
1 '
the undersigned authority, on this date
Citizens Wishing. to ad- peared Karolyn Kellogg a duly authorized
dress the CounCIl pro or ,
condurlngthepubllchear- ive of The Bayshore Sun, a semi-weekly
. !ng will be required t~ s~n ublished and generally distributed in the
In before ,the meeting IS Porte Harris Co un ty Texas and who after
convened. ' ,
sworn, swears the attached notice was
CITY OF LA PORTE . n The Bayshore Sun dated CJ L/-Ilo 10 S-
Martha Gillett, TRMC , .
'. City Secretary
"
, ,
".
, THIS FACILITY HASDIS- ft#
,ABJUTY ACCOMMODA- I~./ ./
TIONS AVAILABLE. RE. Aj .' V '
QUESTS FOR ACCOM-
MODATIONS FOR, IN- , .
TERPRETlVE SERVICES 10gg
, AT .MEETlNGS SHOULD
. BE MADE 48' HOURS
PRIOR TO THE MEET~
" ING. PLEASE CONTACT
. THE CITY SECRETARY'S ubscribed before me this
OFFICE AT 281-471-5020 2005
OR TDD LINE 281-471. , .
5030 FOR FURTHER. IN-
. FORMA TION: 1
/'" -/ H
c;>( day of
&.-..~
.umgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
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Sec. 106-333. Table 8, residential area requirements.
(a) Table B, residential area requirements.
Maximum
Lot
Coverage /
Minimum
Land'Jcaping
Required
Minimum
Development
Open Space J
Minimum
Site
Area J Unit
S.F.
Minimum
Yard
Setbacks
L.F. F.R.S.
2. 3. 4. 5. I.. 10.
Minimum
Lot
Width
Minimum
Lot
Area / D. V.
Minimum
Uses
8
e
9,/9
40%/N/ A
S.F.
Unit
7
9100
4.8
DU/A
Height
35 Ft.
15
12.13.14.
25-15-5
L.F.
50
S.F.
6000
Single-family detached
30%/N/ A
60%/N/ A
Footnote
# I
60%/N/ A
Footnote
#1
N/A
43560
1.0
DU/A
7300
6.0
DU/A
8.0
DU/A
N/A
45 Ft.
25-15-5
100
43560
large lot
Single-family
35 Ft.
20-10-0
40
4500
Single-family special lot
ine, 0 lot line
45 Ft.
25-20-20
60
6000
Duplexes
50%/N/A
e
75%/25%
Footnote
#1
60%/25%
Footnote
# 1
60%16%
Footnote
# I
4400
10.0
DU/A
1600
14
DU/A
7300
6.0
DU/A
35 Ft.
20-10-5
50
6000
Single-family converted
to multifamily
45 Ft.
25-20-20
20
2000
Townhouses,
quadraplexes (10,000 s.f
)f site area 100 ft. wide)
45 Ft.
25-20-20
100
20000
Multifamily
25 Ft.
20-10-5
40
4500
Manufactured housing
CD 406:47
~106-333
ZONING
Supp, No, 9
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LA PORTE CODE
106-333
10. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level
between three feet and six feet as measured above adjacent road grade.
11. In the case of multifamily residential developments with 50 or more units, said
complexes must be located at least 1,000 feet from other multi-family residential
developments of 20 or more units,
12. Within the building setback, there must be a ten-foot opaque screen consisting of shrubs
and fencing, (See section 106-334(i) for screening and fencing requirements.)
13, Residential developments that are townhouses, quadruplexes, or multi-family dwelling
units must have a minimum of 25 percent landscaping.
14. Multifamily residential developments adjacent to single-family residential
developments must establish a 25-foot buffer between the two developments, This
buffer is in addition to the setback as established by this table,
15, In the case of multifamily residential developments, no off-street parking shall be placed
within the required setback, or within the required additional 25-foot buffer when the
development is situated adjacent to a single-family residential development. The space
needed to meet the required parking spaces shall be exclusive of the required setback and
the additional buffer,
16, In the case of multifamily residential developments being adjacent to single-family
residential developments, the buildings within the multifamily residential developments
that are directly adjacent to the single-family residential development shall be limited to
two-stories in height. Buildings within the interior of the multifamily residential
developments may be three-stories in height.
17. Multifamily residential developments cannot exceed 180 dwelling units,
18, See section 106-334(i)(3) for open space utilization criteria.
19. Following structures exempted from 40% lot coverage on single-family detached:
Accessory buildings 200 s,f, or less and Patio Covers up to 900 s,f,
(The impervious cover factor of 55% for the total site for drainage, as prescribed in
P leM, remains in effect.)
(Ord, No. 1501-JJ, ~ 6, 10-14-02)
Cross references-Contents of mobile home park plans, ~ 98-92; minimum area requirements for
mobile home parks, ~ 98-95; location of mobile homes with respect to property lines and public
streets, ~ 98-99,
Supp. No.9
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Staff Report
March 17, 2005
40%) LOT COVERAGE
Zoning Ordinance Amendment
Backe:round
The City's Zoning Board of Adjustment (ZBOA) had several hearings for variances to
the maximum lot coverage rule as stated in the Zoning Ordinance and there are several
cases pending to date, At issue are houses that are built close to, or at the maximum
allowable lot coverage leaving little or no room for patio covers, accessory buildings,
sheds, etc, There have been several requests to study the issue to determine if there is
some formula or calculation that better defines lot coverage than what is currently being
used to set the standards.
Existine: Reauirements:
Zoning Definition: Lot Coverage means the area under roof on any given lot,
Zoning Requirements:
. Section 106-333 Table B, residential area requirements:
~ Single Family Detached-------40%
~ Single Family Large Lot------ 30%
~ Single Family O-Lot Line----- 60%
};> Duplexes------------------------ 60%
~ Single Family converted/MF-50%
~ Townhouses, quadraplexes---75%
~ Manufactured Housing-------- 60%
. Section 106-443 Table B, commercial area requirements:
~ Neighborhood Commercial---50%
~ General Commercial-------.,.-- 40% .
~ Main Street District-------~--- 60%
~ Main Street Overlay---------- 80%
. Section 106-522 Table B, industrial area requirements:
~ Business Industrial------------ 50%
~ Light Industrial---------------- 70%
~ Heavy Industrial-------------- 30%
.
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40% Coverage Rule
Zoning Ordinance Amendment
Page 2 of2
Analvsis:
. As stated, the issues before the ZBOA have been maximum coverage issues for
single family, detached dwellings. Staff habitually sees subdivisions with homes
at 39.9% coverage, These homes are built with uncovered patio slabs that
homeowners, eventually, desire to cover in order to gain maximum use and value
of their homes. Covering the patios with a roof adds to the square footage of
cover for the lot and inevitably pushes the house beyond the 40% threshold.
ZBOA, in most cases, has authorized the variances,
. Staff analyzed the situation with all of the pending cases to determine an equitable
way to possibly alter the zoning criteria to maintain the intent of the ordinance
while alleviating the need for ZBOA to hear additional cases for variances. The
Public Improvement Criteria Manual (PICM) uses a 55% coverage factor for
drainage, The criteria, however, take into account the roofed structures and all
impervious cover created by driveways, carports, sidewalks and slabs. Applying
these criteria to pending cases did not resolve the issue in that all properties
remained in violation of coverage requirements.
. Staff also considered elevating the coverage criteria to a higher percentage of the
lot. We agreed, however, that builders would tend to simply construct the homes
to a larger size thereby presenting the same challenges.
Recommended Reauirements:
. The International Residential Code exempts a detached accessory structure of not
more than 200 S.F. from permit requirements. Placement issues, however, does
require the City of La Porte to require a permit regardless of size. The City could
choose to exempt this type of structure from the 40% rule and leave the maximum
25% rear yard coverage requirement without adversely affecting the open area.
. Patio Covers are a major issue for most homeowners. To solve the issue of
coverage, Staff recommends exempting from the 40% rule patio covers of up to
900 S.F. This will allow the City of,La Porte to limit the total square feet of the
primary structure and still be sensitive to the needs of the citizens,
Conclusions:
. Recommend exemption of the following structures from the 40% coverage
calculations on Single Family Detached homes:
~ Accessory Buildings 200 S.F. or less.
~ Patio covers up to 900 S.F.
. Coverage requirements for all other developments remain intact.
2
RE~ST FOR CITY COUNCIL AWNDA ITEM
Agenda Da.. Reques'ed::if125. 2005
Requested By: Wavne 5d
/
Department: Plannine
Aoorooriation: N/A
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item:
Report: _Resolution: _Ordinance: X
Exhibits:
Ordinance
P&Z staff report
SUMMARY & RECOMMENDATION
The City's Zoning Board of Adjustment (ZBOA) had several hearings for variances to the maximum lot coverage rule as stated
in the Zoning Ordinance and there are several cases pending to date. At issue are houses that are built close to, or at the
maximum allowable lot coverage (40%) leaving little or no room for patio covers, accessory buildings, sheds, etc. These
homes are built with uncovered patio slabs that homeowners, eventually, desire to cover in order to gain maximum use and
value of their homes. Covering the patios with a roof adds to the square footage of cover for the lot and inevitably pushes the
house beyond the 40% threshold. The Board, in most cases, has authorized the variances.
Staff analyzed the situation with all of the pending cases to determine an equitable way to possibly alter the zoning criteria to
maintain the intent of the ordinance while alleviating the need for the Board to hear additional cases for variances. The City's
Public Improvement Criteria Manual (PICM) uses a 55% coverage factor for drainage. The criteria, however, take into account
the roofed structures and all impervious cover created by driveways, carports, sidewalks and slabs. Applying these criteria
alone to pending cases did not resolve the issue in that all properties remained in violation of roof coverage requirements. Staff
looked for other possible avenues and considered elevating the coverage criteria to a higher percentage of the lot. But, it is
anticipated that builders would tend to simply construct the homes to a larger size thereby presenting the same challenges.
The International Residential Code exempts a detached accessory structure of not more than 200 S.F. from permit
requirements. Placement issues, however, does require the City of La Porte to require a permit regardless of size. The City
could choose to exempt this type of structure from the 40% lot coverage rule and leave the maximum 25% rear yard coverage
requirement without adversely affecting the open area. Drainage requirements are not changed by this proposal in that
imperious cover remains the same.
Patio Covers are a major issue for the most homeowners. To solve the issue of coverage, Staff recommends exempting from
the 40% rule patio covers of up to 900 S.F. This will allow the City to limit the total square feet of the primary structure and
still be sensitive to the needs of the citizens.
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 106-333, Table B, Residential Area Requirements for changing the
maximum lot coverage of 40% for single-family dwellings.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z on Zoning Ordinance amendments related to the
Maximum Lot Coverage of 40% for single-family dwellings.
Approved for City Council Ae:enda
D~~~~t~
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Date