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HomeMy WebLinkAboutO-2020-3770 Amending regulations related to truck stops, landscaping requirements, and storage of hazardous material ORDINANCE NO. 2020-3770 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO TRUCK STOPS,LANDSCAPING REQUIREMENTS,AND STORAGE OF HAZARDOUS MATERIALS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; 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,TEXAS: Section 1: That Section 106-1 "Defmitions", Article I"In General"of Chapter 106,"Zoning,"of the Code of Ordinances of the City of La Porte, Texas, are hereby amended by adding the following definition,to be added in proper alphabetical sequence and which shall hereinafter read as follows: "Gasoline Station with Convenience Stores means an establishment engaged in retailing automotive fuels (e.g., diesel fuel, gasoline) in combination with convenience store or food mart merchandise. Such establishments are prohibited from providing the following uses and/or features: 1) dispensing of motor fuels and petroleum via high capacity nozzles;2)separate fuel canopy for diesel only pumps;3)overnight accommodation (hotel/motel room rental); 4) shower/laundry facilities; commercial motor vehicle servicing/repair; 5)truck scales; 6) overnight truck parking. Section 2,: That the following defmitions contained in Section 106-1 "Definitions", Article I "In General" of Chapter 106, "Zoning," of the Code of Ordinances of the City of La Porte, Texas, are hereby amended and shall hereinafter read as follows: Truck stop means a commercial/industrial use of property on one site for the refueling,maintenance and/or servicing of trucks and commercial motor vehicles and which may provide additional amenities for such vehicles and their drivers. Such establishments are authorized to have a maximum of any two (2) of the following uses and/or features on site: 1)dispensing of motor fuels and petroleum via high capacity nozzles; 2) separate fuel canopy for diesel only pumps; 3) restaurant or café; 4) shower/laundry facilities; 5) truck servicing/repair; 6)truck scales. Overnight truck parking is permitted only when in conjunction with truck servicing/repair use on site. Section 3: That Section 106-310"Table A,Commercial&Industrial Uses",Article III"Districts",Division 1 "Generally", of Chapter 106, "Zoning," of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending NAICS Code 484 "Truck Transportation" and by adding new Footnote 20 to said Section 106-310"Table A,Commercial&Industrial Uses",which shall hereinafter read as follows: 484 Truck Transportation p 6 20 p 6 20 20. Hazardous materials which may or may not require a placard may not be stored on site for any length of time,regardless of whether the use is located adjacent to the hazardous cargo route. This prohibition includes shipments of hazardous materials that are defined as in-transit by the Department of Transportation(DOT). Section 4: That Article V "Supplementary District Regulations", Division 4 "Fencing and Landscaping Requirements", of Chapter 106, "Zoning,"of the Code of Ordinances of the City of La Porte,Texas,is hereby amended in its entirety and shall hereinafter read as follows: "DIVISION 4. -FENCING AND LANDSCAPING REQUIREMENTS Sec. 106-789.-Fence materials. Allowable fence material shall include wood pickets, chain link, masonry, and wrought iron. Any other materials are subject to approval by the director of planning. Sec. 106-790.-Subdivision perimeter fences. Subdivision perimeter fences shall be required in recorded subdivisions that exceed five acres.Such perimeter fences shall not exceed eight feet in height. Materials shall be limited to opaque wood fences with brick base and columns and solid brick fences when subdivision backs up to major thoroughfare.The director of planning may approve other material that meets the intent of this section. Sec. 106-791.-Front yard areas. No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of residential large lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided in section 106-792(Residential large lots and lots adjacent to Galveston Bay). Sec. 106-792.-Residential large lots and lots adjacent to Galveston Bay. In the case of residential large lots, eight feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit structures,grading,or barrier hedges. Sec. 106-793.-Fences in side and rear yards. Within side yards and rear yards,fences of not higher than eight feet including rot boards and walls 42 inches high or less shall be permitted. Sec. 106-794.-Fences and trees on utility easements. Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed ten feet in height. Sec. 106-795.-Maintenance of fences. Both sides of the fence must be maintained in good condition by the owner of the fence and grass/ground cover adjoining the fence must be mowed and weeds removed on a regular basis. Subdivision perimeter fences or walls shall be maintained and repaired by the developer, owner, owner's agent, and/or homeowner association or the management company of a subdivision. Maintenance, repair or replacement of wood or masonry fence around manufactured housing parks is the sole responsibility of the owner, its agent,or the management company. Sec. 106-796. - Barbed wire fences. Barbed wire fences shall not be permitted, used or constructed except in industrial districts or to control livestock as hereinafter provided. Sec. 106-797.-Property line fences in commercial and industrial districts. Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least six feet above the ground, and such fence shall not be erected within the required landscaped portion of any yard of any commercial or industrial establishment.Total fence height,including barbed wire,may not exceed eight feet in height. Sec. 106-798.-Fencing and wall requirements for automotive wrecking,salvage yards,junk dealers, etc. (a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap metal processor yard with the city shall be completely surrounded and enclosed by a solid fence or wall which is at least eight feet in height. (b) Construction,maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: (1)All fences shall be constructed of wood,masonry,corrugated sheet metal,chain link or any combination thereof; provided,however,that any one side of an automotive wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by a fence or wall constructed of only one of the above materials. (2)Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. (3)All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. (4)All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the city. (c)Use of wall,door or building as part of fence or wall.Any part of a fence or wall required by subsection(a)of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on the premises, if such wall or door meets all construction requirements set forth in this section. (d)Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards/junk yards/scrap metal processing yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. Such gates shall be closed and securely locked at all times except during normal daytime business hours. Sec. 106-799.-Construction,maintenance of electric fences. (a) Except as provided herein, it shall be unlawful for any person owning or controlling any property in the city to construct, maintain, or permit to remain on such property any fence charged with electricity, or to cause any fence to become charged with a current of electricity, to connect any such fence with a source of electricity or to permit any fence under the control of such person to be connected with a source of electricity. (b)The use of electric fences shall be allowed on the premises of any single-family dwelling,without regard to the zoning district classification of the property,only for the purpose of erecting an enclosure to restrain the movement of dogs and/or livestock. All electric fence equipment so utilized shall be a UL approved product and installed and maintained in accordance with the manufacturer's instructions.The owner and/or controller of the premises shall be responsible for 1)obtaining a building permit prior to installation of the electric fence; 2) installing and maintaining signage that identifies the fence as an "electric fence",and 3) scheduling a city inspection to confirm the product is tested/approved and installed in accordance with manufacturer's instructions. (c)Permit fees shall be in accordance with Appendix A of the Code of Ordinances. (d)In any prosecution under this section testimony that any fence was under the control of the defendant or situated on his premises and that any person received an electric shock by coming in contact with such fence shall be prima facie evidence that such defendant caused such fence to be charged with a current of electricity and caused and permitted such fence to be connected with a source of electricity. Sec. 106-800—Commercial Landscaping (a) Lot and setback standards. (1)All off-street parking, maneuvering and loading areas shall be set back at least thirty (30) feet from any street right-of-way line. (2)All opaque screening walls and fences shall be set back at least thirty (30) feet from the right-of-way line of a specified major thoroughfare. (3)All open storage areas,where permitted by the underlying zoning district,shall be set back at least thirty (30) feet from the right-of-way line of a specified major thoroughfare. Sec. 106-801.—Alternative Landscaping Option. (a)Landscaping is required along the front property line and along the side property lines in a minimum four feet wide planting strip.Corner lots shall be treated as having two front property lines.A certified site plan and/or separate landscape plans shall be submitted in conjunction with building permit applications. A landscape legend on the site plan shall include type, size, and number of plantings existing and proposed at site. Approval of landscape requirements is a condition of building permit approval. The perimeter landscaping requirements of this subsection are not applicable in the Main Street District Overlay. (b) Landscaping within public rights-of-way will not contribute towards a total required landscaping for parking and open-space areas unless approved by the director. Landscaping on public property or easements is at owner's risk and subject to the requirements of section 106-794(Fences and trees on utility easements)of this chapter. (c)Landscaping plans shall be developed using the following criteria: (1)Location. a. The required planting strip shall be located adjacent to the front and side property lines up to the front of the primary structure of the site or the building setback line,whichever is greater. b. Trees within the planting strip. There shall be at least one shade tree for every 30 linear feet of front property. When overhead utility lines are parallel and adjacent to the planting strip or run parallel within the planting strip, ornamental trees may be substituted for the required street trees at the rate of one tree for every 20 linear feet of front property.Trees shall be planted within the planting strip in a boulevard type manner on center and uniform distance from the curb or pavement. c. Shrubs within the planting strip. When a parking lot is located between the building and any adjacent right-of-way, shrubs are required in the planting strip adjacent to the right-of-way and shall be spaced at three feet on center. At maturity, shrubs in a required planting strip should form a continual evergreen hedge or row of 36 inch in height. d. Landscaping shall be in accordance with the visibility triangle requirements in section 106-311 (Visibility triangle). e. Parking lot requirements. i. Parking lot with minimum 20 spaces shall provide a planter at the ratio of one for every ten parking spaces. ii. Planters(minimum 135 square feet) shall not abut on more than two sides of required perimeter landscape area. Each required planter shall have one shade tree.Trees shall be dispersed throughout the parking lot to maximize the shading effect on the parking spaces. These trees are exclusive of trees planted around the perimeter of the parking lot. f. When adjacent to residential, landscaping shall be required in accordance with section 106- 444(a)(Screening). (2) Types of plants and materials.Trees,flowering and non-flowering plants, shrubs,wood,timber, stone, fountains, and ponds may be used for required landscaping. a. Shade trees shall be a minimum of two-inch caliper and shall be selected from city's recommended native/protected trees and plants list. Ornamental trees shall be a minimum of six feet in height at the time of planting. b. Shrubs or hedgerow plants shall be no less than five gallons in size. (3)Maintenance. Required landscaping must be maintained by the property owner and/or occupant. Vehicles should not encroach upon perimeter landscape areas or planters. Wheel stops must be provided along perimeter frontage to ensure no overhang or damage to landscape area. (4)Irrigation. A irrigation system shall be provided to all landscaped areas subject to the following: a. On developments greater than one acre, a programmable automatic irrigation system with rain sensor devices shall be provided to all landscape areas. b. On developments one acre or less, in lieu of a programmable automatic irrigation system, a programmable hose bib system may be utilized when plant material is within 100 feet of the hose bib. c. An exception from the irrigation system requirements shall be allowed when utilizing drought tolerant and native plants as identified by Texas A&M University's current table for this region. These plantings must be established through manual irrigation for a minimum of six weeks after planting. (d) Commercial projects who follow the landscaping guidelines as described in this section(106-801)are subject to additional façade requirements as described in Article IX,Divisions 1-3 of Chapter 106"Zoning"of the City of La Porte Code of Ordinances. (e)Placement of landscaping shall be in accordance with the visibility triangle requirements of section 106-311 (Visibility triangle). (f) Screening for commercial and industrial uses adjacent to residential shall refer to the requirements of section 106-444(a)(Commercial performance standards). Sec. 106-802. -Landscaping/screening for shipping container facilities. (1)The property owner or tenant shall provide a natural screening. This will be accomplished in one of three ways. a. Leave in place existing trees,vegetation,underbrush,etc.to provide a thorough, continuous and effective opaque visual screening of the shipping container development. b. Construct earthen berms with a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. c. Develop a screening plan that would be approved by the city that includes a combination of trees, shrubs,and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. (2)The property owner or tenant will provide screening along the frontage of the site and along the side yards for a distance of 50 feet. In the advent that the site is adjacent to a commercial or residential use,the screening shall be required for the entire length of the adjacent yard area. (3)All required screening shall be adjusted away from overhead power lines to allow for full maturity of the trees without unnecessary trimming or topping of the trees. Sec. 106- 803.-Tree preservation. (a)It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction.The city encourages site planning which furthers the preservation of trees and natural areas by the following methods: To protect trees during construction;to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site,either by direct planting as outlined in section 106-802(tree replacement)or through a contribution to the tree fund established in section 106-803 (tree fund)of this chapter. It is the further intent of this section to achieve the following objectives: (1)Protect healthy trees and preserve the natural,environmental,and aesthetic qualities of the city to the degree possible. (2)Protect and increase the value of residential and commercial properties within the city. (3)Discourage premature clear-cutting of property. (4)Maintain and enhance a positive image for the attraction of new developments to the city. (b)It shall be unlawful for any person to cause or permit the destruction of any healthy, native tree (herein referred to as a"protected tree")within the city if such tree has a trunk which exceeds six inches in diameter(or 18.84-inch circumference)at a point 18 inches above the natural ground level. Provided,however, it shall not be a violation of this provision if a tree is removed and/or destroyed if the tree is obviously diseased or determined to be diseased by an arborist or in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. (c)No person, firm or corporation desirous of developing or improving any parcel of property,shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. (d)The provisions of this section are not applicable to individual single family lots. Sec. 106-804.-Tree replacement. A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any qualifying protected tree. In the event that it is necessary to remove a protected tree,as a condition of a building permit issuance, applicant shall be required to replace the tree(s)being removed with replacement trees as follows: (a)Replacement trees required.Tree disposition conditions and tree permit authorizing removal of or damage to protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible,the owner or developer must plant and maintain off- site replacement trees in reasonable proximity to the subject site. (b)Number of replacement trees. For each qualifying protected tree removed from the site,one replacement tree must be planted on the subject site. If this is not feasible,the applicant may, upon approval by the director, plant and maintain off-site replacement trees in accordance with this section,or alternatively,contribute to the city's tree fund. (c)Minimum size. Replacement trees must normally have a trunk caliper of at least two inches measured six inches from the ground,with the exception of replacement trees installed on properties in any designated industrial zone district, in which case the trunk caliper shall be a minimum of four inches as measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle. (d)Qualified trees. To be a"qualified tree",a tree must comply with the recommended tree list "native or protected" of the city. (e)Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (f)Trees in street area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area,the building official must be satisfied that V.T.C.A.Transportation Code,Ch.316 has been complied with and also confirms there would be no violation of the provisions relating to visibility triangles and future overhead obstruction. (g) Single family lots. The provisions of this section are not applicable to individual single family lots. Sec. 106-805.-Tree fund. There is hereby established a tree fund,which shall be administered by the director of parks and recreation or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section, or for the enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required for replacement but may not be used in any manner that will profit the grantee.Tree replacement fee shall be calculated at the rate of$250.00 per tree. The amount paid to the tree fund shall be applied at a maximum of$2,500.00 per acre (or fraction thereof) with a maximum total payment of$100,000.00 per development. The owner or developer of any lot or tract of land required to replace trees in accordance with this chapter may, as an alternative, and upon approval by the city, pay a prescribed fee/amount into the tree fund in accordance with the following conditions: (1)Residential and non-residential site plans/plats. Payment to the tree fund must be received by the city prior to the approval of the development site plan and/or final plat approval by the planning and zoning commission. (2)Building permits not requiring site plans/plats. Payment to the tree fund must be received by the city prior to the issuance of a building permit. Sec. 106-806.-Protective fencing. (a)Fences required.Unless otherwise specified in the tree disposition conditions,each protected tree to be preserved must be fenced during development or pre-development activity. (b)Fence criteria.Unless the tree disposition conditions specify otherwise: (1)A six-foot or higher fence must surround each protected tree or group of trees,preventing people, machinery, trash, material, and other items from occupying the area within the protective fencing. (2) The fence must be constructed of durable, highly visible materials supported on poles firmly set in the ground. (3) The fence must be able to resist intrusions and impact likely to be encountered on a construction site. (4)The fence may incorporate existing fences or walls as well as temporary fencing. (5)Each fence must display a prominent warning sign. (c)Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. (d) If the developer chooses not to fence the tree, the amount paid to the tree fund is doubled the calculated cost to the tree fund for that tree if it is severely damaged. The cap does not apply to this amount. Secs. 106-807-106-830. -Reserved." Section 5. Any person, as defined in Section 1.07(27), Texas Penal Code,who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS($2,000.00). Section 6. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte,Texas,and each said provision would have been separately passed without any other provision,and if any provision hereof shall be ineffective,invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. ,Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. ,Section S. 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 is 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 Chapter 551, TX. Gov't 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 effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 13th day of JANUARY,2020. CITY OF LA PORTE,TEXAS By: /1111/M Loui '. Rigby, a or ATTEST: C141City Secretary APPROVED AS TO FORM: Clark T.Askins,Assist. City Attorney