HomeMy WebLinkAboutO-2006-1501-B5 re:boats,motor vehicles rear yard only
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Mav 8, 2006
Requested By: w.~~
Department: Planninl!:
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
P&Z Staff Report
Ordinance 1501-
Amendments to the Ordinance
SUMMARY
City Council directed staff to conduct a review of the existing provisions of Chapter 106
(Zoning) regarding the parking of boats and recreational vehicles in the residential districts of La
Porte. The item was reviewed at the Council Retreat on January 30, 2006. Staff highlighted an
area of concern about the language contained in the ordinance governing the parking of boats
and recreational vehicles; specifically an apparent conflict in the language of Section 106-741 (h),
Section 106-834(g), and section 106-837(6).
In addition, there has been no City enforcement in areas without deed restrictions; i.e. Old Town
of La Porte and Bay Front to the Galveston Bay. Deed restrictions address this issue in the newer
subdivisions. To ensure clear understanding of Council's intentions and to provide clear and
concise information to the public, Council directed that Section 106-741(h) of the Code of
Ordinance be deleted to allow boats and recreational vehicles to be parked in the front yard
setback in areas not governed by deed restrictions.
Staff, with the guidance from the Planning and Zoning Commission, reviewed a proposed
amendment to the Zoning Ordinance (Chapter 106). After a public hearing at the April 20, 2006,
meeting, the Planning and Zoning Commission, by a unanimous vote, recommended amendment
related to parking of boats and recreational vehicles and Section 106-741 (h) to be deleted from
Chapter 106 (Zoning).
Action Reauired bv Council:
1. Conduct a Public Hearing
2. Approve an ordinance amending Chapter 106 (Zoning) to delete Section 106-741(h) of
the Code of Ordinances.
j--;y-CJ0
Date
Staff Report
April 20, 2006
Boat/RV Parking
Zoning Ordinance Amendment
Backe:round
City Council has directed Staff and the Planning and Zoning Commission to consider
proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-741 (h),
Section 106-834(g), and Section 106-837(6) pertaining to parking of boats and
recreational vehicles in the residential zoning districts of the City. The purpose is to
amend, change or modify the requirements for accessory use and/or equipment allowed
within these zones. Staff analyzed the situation thoroughly and presents this item to the
Planning and Zoning Commission for discussion and subsequent recommendation to City
Council.
Definition:
Major accessory/recreational equipment is defined as including boats and boat trailers,
travel trailers, pickup campers or coaches, motorized dwellings, utility trailers, and cases
or boxes used for transporting recreational equipment, whether or not equipment is stored
in such case or box.
Existine: Reauirements:
Zoning:
Low-Density Residential (R-l), Single-Family Dwellings
Medium-Density Residential (R-2), Two Family & Townhouse Dwellings
. Section l06-741(h) of the Ordinance prohibits Boats, Travel Trailers, Motor
Homes etc. unless these are parked or stored in the "Rear Yard" only.
"It shall be unlawful for any person to leave, stand, or park a commercial motor
vehicle, pole trailer, semi-trailer, shipping container, trailer, truck (other than a
light truck as defined herein), or a truck tractor on any property zoned for
residential use. Boats or recreational vehicles parked or stored in a rear yard are
not subjected to the restrictions imposed by this section ".
. Section l06-834(g) of the Ordinance permits the use of a driveway and an
accessory parking pad for Boats, Travel Trailers, etc.
"Offstreet parking facilities accessory to residential use shall be utilized solely
for the parking of licensed and operable passenger automobiles. Under no
circumstances shall required parking facilities accessory to residential structures
be used for the storage of commercial motor vehicles or equipment, pole trailers,
semi-trailers, shipping containers, trailers, trucks, or truck tractors. Boats or
Boats & RVs
Zoning Ordinance Amendment
Page 2 of3
recreational vehicles, are not subjected to the restrictions imposed by this
section ".
. Section 106-837(6) of the Ordinance requires any Parking in the Front Yard to
be on an improved "Dust Free" surface.
Discussion
Conflicts and/or lack of clarity within the City's Zoning Regulations have been often
noted by staff. To ensure clear understanding of Council's intentions and to provide
exact, concise information for the public, Staff recommends a thorough review of the
various areas of concern. Staff notes the following:
. No past City enforcement in areas without deed restrictions
. Deed restrictions address these issues in the conventional subdivisions
. Travel trailers, motor homes and/or boats are often parked in the driveways, front
yards, and side yards.
City Council has recently directed the staff to present this issue to the Planning
and Zoning Commission to allow for parking of boats and recreational vehicles
within the front and side yards. This practice has been witnessed in most of the
subdivisions without deed restrictions.
Analvsis:
. As stated, Section 106-741 (h) prohibits boats and recreational vehicles in the front
yard, while outside storage of major recreational equipment is permitted in the
rear yard.
. In contradiction, Section 106-834(g) allows the use of driveways (front yard) and
accessory parking pads (side & rear yards) for recreational equipment.
. In addition, Section 106-837(6) rewords the above statement and requires parking
on designated driveways or dust free surfaced space on the side of the driveway
(front yard).
Accessory equipment such as boats and RVs are habitually seen parked in the front
yard or designated driveways obstructing required side yard access. Staff analyzed
the situation with all the similar cases to determine an equitable way to possibly alter
the zoning criteria to maintain the intent of the ordinance, while fulfilling the needs of
the residents and alleviating code enforcement issues related to parking of boats and
recreational vehicles.
2
Boats & RVs
Zoning Ordinance Amendment
Page 3 of3
Recommended ReQuirements:
City Council has expressed a desire to eliminate a section to avoid confusion in this
matter:
. Delete Section 106-741 (h), which limits Boats and R V s to be stored in the "rear
yard" .
Conclusions:
To ensure understanding of Council's intentions and to provide clear, concise
information to the public, staff suggests careful review by the Planning and
Zoning Commission on the subject matter. Staff recommends deletion of Section
106-741 (h) of the Code of Ordinances.
Actions bv the Commission:
. Recommend to Council approval of this amendment.
. Recommend to Council approval of this amendment with additional stipulations.
. Recommend to Council denial of this amendment OR Continue discussion at the
Commission's next meeting to allow further study of item.
3
ORDINANCE NO. 1501-~
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
CHAPTER 106, ARTICLE V "SUPPLEMENTAL DISTRICT REGULATIONS", DIVISION 2.
"ACCESSORY BUILDINGS, USES AND EQUIPMENT", SECTION 106-741, "GENERAL
PROVISIONS", BY DELETING SECTION 106-741 (h), PERTAINING TO THE PARKING OF
BOATS AND RECREATIONAL VEHICLES WITHIN 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 20th day of April 2006, 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 changes to Chapter
106 of the Code of Ordinances, the zoning Ordinance of the City of La Porte. 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.
Section 2.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit liB", incorporated by reference herein and made a part hereof
for all purposes.
Section 3.
Immediately following such public hearing on April 20, 2006, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning
Ordinance of the City of La Porte, 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 April 21, 2006, a true
ORDINANCE NO. 1501-.85
Page 2
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 changes to the ordinance and the recommendation of
the Planning and Zoning Commission on the Sthday of May, 2006, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible changes to the Ordinance. 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
amendments to the zoning ordinance 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 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 officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
ORDINANCE NO. 1501-M
Page 3
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 '9JI- day of ~ 2006.
CITY OF LA PORTE
~~
By: . ~.l~
ALTON PORTER, Mayor
ATTEST:
BY~1v d4tJi
MA T A GILLETT, City Secretary
APPROVED:
D. ARMSTRONG, Assistant City AU ney t.., ~ '1'. ~
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 Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th day
of April, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider following amendments to the Zoning Ordinance
of the City of La Porte:
i) Parking of Accessory Equipments (BoatslR V s) in the residential districts, Section 106-
741(h), Section 106-834(g), and Section 106-837(6) of the Ordinances.
ii) Nonconforming Lots of Record, Section 106-268.
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, TRMC
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 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.
,~HIB-n A
QUESTS FOR ACCOM
THE STATE OF TEXAS MODATIONS FOR IN
TERPRETIVE SERVICES
AT MEETINGS SHOULD
BE MADE 48 HOURS
PRIOR TO THE ,MEET-
,ING. PLEASE CONTACT 1
THE CITY SECRETARY'S
NOTICE OF PUBLIC OFFICE AT 281.471.5020
HEARING OR TOO LINE 281-471-
5030 FOR FURTHER IN.
. In accordance with the FORMATION.
provisions of Section 106-
~ 171' of the Code of Ordi-
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 Zol'ling
Commission will conduct a
public hearing at 6:00 P.M.
on the ~h day <>f April. f La Porte
2006, In ~he'.' neil
~,~:m~be~~,fC, i Pa :~,Y of Harris
way, 0, T .' The of Texas
, purp f Is hearing is
to ,'con' following
~~::n":"::~eth~;~~i~ ~ me, the undersigned authority, on this date came and
Porte: ' lred Karolyn Kellogg, a duly authorized representative of The
I) Parkin of, Accesso 'lore Sun, a semi-weekly newspaper published and generally
EqUiPmen~s ... (BoatslRV~ luted in the City of La Porte Harris County Texas and who
in the residential districts" . '. ' ..
Section 106-741 (h). sec~belng duly sworn, swears the attached notice was published In
;:~~ 19:::;;~gj'or~es~~: ~ayshore Sun dated () 'I / ();). / dOC b .
dinances.',,',' '"I ")
~e~0~~~:;9ot:8.0f."V
, ~
A ~9ular meeting of the '
Planl1ing and Zoning Com-
mission will follow the P\.Ib- K II
" Uc hearing for the purpcise {n e ogg
,of acting ,upon the public
hearing items,' and .to . coll~
. duct other matters' pertaiil-
ing to the Commission_
, ,
: 1
~ ...
COUNTY OF HARRIS
CITY OF LA PORTE
281-471-1234
Fax 281-471-5763
~
--'
re Sun
i Citizens, wishing 'to ad-
I. dress the Commission pro d
ii. or con during the Public 1 an
I Hearing will be reqUired to '.:J
sign in before the meeting "
is cQl1vened.
CITY Of LA ,PORTE
Martha Gillett. TRMe
.' City Secretary ,
subscribed before me this
,2006.
dg'-r-J!
day of
,'~A.~~
j
a E. Bumgarner
I Public
; County, Texas
My Commission Exprires April 30, 2006
~H1Bn rl
City of La Porte
Established 1892
April 21, 2006
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Parking of Boats and Recreational Vehicles
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during a regular meeting on April 20,
2006, held a public hearing to consider an amendment to the Zoning Ordinance, Section
106-741, to delete paragraph (h) pertaining to the parking of boats and recreational
vehicles within the residential zoning districts. The purpose is to maintain the intent of
the ordinance, while fulfilling the needs of the residents and alleviating code enforcement
issues related to parking of boats and recreational vehicles.
After consideration, the Planning and Zoning Commission, by unanimous vote,
recommends approval of the stated Zoning Ordinance amendment.
Respectfully Submitted,
~~-r
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
e: y:h rtrt L
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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 8th day of May, 2006, in the
Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider following amendments to the Zoning Ordinance of the City of La Porte:
i) Parking of Boats/RVs in the residential districts, Section 1 06-741 (h), Section 106-
834(g), and Section 106-837(6) of the Ordinances.
ii) Nonconforming Lots of Record, Section 106-268.
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.
iXHIBn
10 accordance with the h
p,rOVl.'SiOOS,Of .SOOt.'IOO, 1,0.6. - B
171 of the Code of Ordi- e
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 City Council wiH con-
duct a public hearing at
6:00, P.M. on theath day
of May, 2006, in the Coun- : La Po rte
cll ' Chambers. of the City .
Hall, 604 WEl~,.Fl:lirl1}!)nt I of Harris
Parkway, La Porte, Texas.
~~el:~~:~i~~:~~IO'::9 ?f Texas
amendments 10 the Zoning ,
iOrdinanCe qf the City of La ' . . .
Porle:." ~" " me, the underSigned authOrity, on thiS date came and
\ '1\. _led Karolyn Kellogg, a duly authorized representative of The
(~:a%~~~l"" ,S s, .... re Sun, a semi-weekly newspaper published and generally
::ti~g6.~~tg,;and~=:"ted in the City of La Porte, Harris County, Texas and who
':f;~g:s137(6)?ft~eor.,.~ing duly sworn, swears the attached notice was published in
. . ',yshore Sun dated 0 + 1d.3 /:20e1b .
''-', ' ,,:."'.: ,~:':':;:'>r~-"\)::;\':,-,:,--':,:,:~; ;:i>',~_i~~;'-"::'::~'" '..' i~ . ,
\~~'~;;~.1 ~~
,,", (. . "'"<. .' ,JiG, .",---
~r~gular' mee~ng of the
:ql1yCouncil, will foliO'^' the
111'i~'S..h~ng\~.~pu" :1. Kellog' g.
;fpO$~"of.'actingJl~n the .
ipubl\C hearing Items a,nd to
"conduct Other.m?tters.per, '1
'mining to lheCoonclL\';'if, .
s;"..l'):'~;:i.";i...' ..........X.:.;,!.' ,I;' ... ..1
,:',Citil!:~!1S\ViShirg, )i()/~'d.1
?~fess...th~ C()ufl911'pf'()pr.x
fcoo "<d~ryi19m~'\e~bliC1
Heariflg~lIb~teq~lr~d.Jo, and subscribed before me this r2!? -,-~ day of
. signinbeforB tlie.m~:~W~p fl
isgonvened. .... .....,. ,2006. I
" , /'
"t';':/i
ClryOFLA ..' .... ...........
,~W~~~;j~~ ~~
',,' .....', "".'.'.' . " ", '-,"" I
TijI$fACll.l.TYtffA$.DIS-) E B
,ABILI'r(;.'A.{J;' ,. i~4~1' . umgarner
"tJQN$rAVAI' ,I]E- .
"QtJE$i'S:~FO , ,oM- public
MODA TIONS ".FOi? ....: IN, 'ou nty Texas
,TERPI]ETIVE" SEfiVICES' ,
AT MEETINGS SHOULD
BE, . MADE ,'. 48 . HOURS
PRIOR TO ,THE MEET-
ING.'PLEASE CONTACT " .
. THEelTV SECRETARY'Slmlsslon Expnres April 30, 2006
OFFICE AT 281-4;71-5020
. OR TOO LINE 281471-
5030 FOR FURTHER IN-
FORMATION.
iXHIBn,'
'c,
rHE STATE OF TEXAS
~
COUNTY OF HARRIS
CITY OF LA PORTE
S. 8th Street
te, Texas 77571
281-471-1234
Fax 281-471-5763
NOTICE OF PUBLIC
HEARING
ZONING
S 106-744
(h) It shall be lm!awful for any person to leave, stand, or park a comlPercial motor vehicle, role
trailer, semi-trailer, shipping container, trailer, truck (other than a light truck as defined herein),
()r a truck tractor on any property zoned for residential use. Boats or n~creational vehicles park.ed
or stor.ed in a rear yard are not slwjected to the restrictions imposed by this section
(i) No accessory uses or equipment except for air conditioning structures or condensers may be
located in a required side yard except for side yards abutting streets where equipment is fully
screened from view.
G) Large Lot District. Refer to Section 106-416. Special Regulations
Sec. 106-742. Domestic livestock.
(a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a
permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic
livestock as defined above be restrained no closer than 25 feet from property that is not devoted
to the keeping of domestic livestock, and provided further that said domestic livestock be kept in
a concentration that is less than or equal to:
(1) Two cows per acre.
(2) Two horses per acre.
(3) Two hogs per acre.
(4) Two sheep or goats per acre.
(b) In any event, the total for the above referenced grazing animals (Le. sheep, goats, hogs, cows,
or horses) shall be cumulative. In the event of fowl, no specific concentration is established
herein, but in no event, shall the cumulative concentration of fowl be such as to create a health
hazard. The requirements of section 34-126 et seq. shall apply in any event.
( c) The keeping of livestock or fowl for the purpose of breeding for sale, whether engaged in as a
primary or accessory activity, shall be considered a conditional use as specified by section 106-
331, Table A.
Sec. 106-743. Breeding kennels (dogs and cats only).
Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess
of 43,560 square feet, provided that all of such kennels are licensed according to section 14-81 et
seq., and any amendments or additions thereto. Provided further that all animals must be boarded
in enclosures located no closer than 100 feet from any property line. The requirements of section
34-126 et seq., and any amendments or additions thereto shall apply in any event.
Sec. 106-744. Bed and breakfast.
(a) A bed and breakfast shall be operated by resident homeowners.
(b) A bed and breakfast shall conform to the requirements of section 106-334.
(c) Parking shall be provided in accordance with the requirements of section 106-839.
CD106:83
fyh ;D\'.+ P