HomeMy WebLinkAbout11-21-19 Regular Meeting of the Planning and Zoning CommissionHAL LAWLER
Chairman
DONNA O'CONNER
Commissioner At Large A
NICK BARRERA
Commissioner At Large B
TREY KENDRICK
Commissioner District 1
RICHARD WARREN
Commissioner District 2
Vice Chairman
REGULAR SESSION 6 P.M.
JO ANN PITZER
Commissioner District 3
MARK FOLLIS
Commissioner District 4
LOU ANN MARTIN
Commissioner District 5
CHRISTINA TSCHAPPAT
Commissioner District 6
CITY COUNCIL CHAMBER
LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the
City Secretary's office (261-470-5021) two working days prior to the meeting for appropriate arrangements.
a. Approve the minutes of the meeting held can October 17, 2019.
a. Consider approval of the major development site plan 19-83000001, Hawthorne at Bay
Forest, a 20.0 acre multi -family development located at 1331 N. SH 146.
6. PRELIMINARY PLAT.
a. Consider approval of a Preliminary Flat for the Morgan's Landing Section 9, a single family
residential development consisting of 95 lots on 23.6 acres located off of Bay area Blvd.
b. Consider approval of a Preliminary Plat for the Morgan's Landing Section 10, a single family
residential development consisting of 13 lots on 2.7 acres located off of Bay area Blvd.
c. Consider approval of a Preliminary Plat for the Morgan's Landing Section 11, a single family
residential development consisting of 46 lots on 12.2 acres located off of Bay area Blvd
d. Consider approval of a Preliminary Plat for the Morgan's Landing Section 12, a single family
residential development consisting of 34 lots on 7.6 acres located off of Bay area Blvd.
e. Consider approval of a Preliminary Plat for the Morgan's Landing Section 13, a single family
residential development consisting of 57 lots on 12.5 acres located off of Bay area Blvd.
f. Consider approval of a Preliminary Plat for the Morgan's Landing Section 14, a single family
residential development consisting of 29 lots on 6.2 acres located off of Bay area Blvd.
g. Consider approval of a Preliminary Plat for the Morgan's Landing Section 15, a single family
residential development consisting of 43 lots on 26.1 acres located off of Bay area Blvd.
7. PLAT- Open a public hearing on a request for approval of Residential Replat 19-97000006 by
Charles Anders of Bayway Homes Inc. for the proposed Bay Village Section 1, a replat of Lot 9, Block
3, Lots 1-12, Block 4, Lots 1-7 and a portion of Lot 3, Block 10, of Bay Oaks Subdivision, Harris County,
La Porte, T.
a. staff Presentation
b. applicant Presentation
c. Public Comments (Limited to 5 minutes per person)
d. Question and Answer
8. ADJOURN PUBLIC INCH
9. CONSIDERATION- Consider approval or other action on Residential Replat 19-97000006.
10. CHAPTER 106 (ZONING) AMENDMENTS- Open Public Hearing to receive input on an ordinance
amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte.
a. staff Presentation
b. applicant Presentation
c. Public Comments (Limited to 5 minutes per person)
d. Question and Answer
11. ADJOURN PUBLIC INCH
12. CONSIDERATION- Consider recommendation to City Council on amendments to Chapter 106 "Zoning„
of the Code of Ordinances.
13. ELECTION OF OFFICERS- Section 5.6 Rules and Bylaws
a. Vice Chairperson
b. Secretary
14. DISCUSSION.
a. Update on City Council Actions
15. ADMINISTRATIVE REPORTS
16. COMMISSION COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific
factual information or existing policy.
17. ADJOURN
A quorum of City Council members may be present and participate in discussions during this
meeting; however, no action will be taken by the Council.
CERTIFICATION
I do hereby certify that a copy of the November 21, 2019, Planning and Zoning Commission agenda
was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public
at all times, and to the City°s website, LaPorteTX.gov, in compliance with Chapter 551, Texas Government
Code.
HM
DATE OF POSTING
TIME OF POSTING
City of La Porte, Texas
Planning and Zoning Commission
Consider approval of the Meeting Minutes,
a. October 17, 2019
Ian Clowes, it, Planner
S
Minutes of October 17, 2019
u
Commissioners Present: Chairman Hal Lawler, dick Barrera, Donna O'Conner, Christina
Tschappat, Richard Warren, Jo Ann Pitzer, Mark Follis, Lou Ann
Martin
Commissioners Absent: Commissioner Kendrick
City Staff Present: Assistant City attorney Clark Askins, Assistant City Manager Jason
Weeks, Planning & Development Director Teresa Evans, City
Planner Ian Clowes, Planning Technician Chase Stewart
1. CALL TO ORDER.
Chairman Lawler called -the meeting -to order at 6:00 p.m.
2. ROLL CALL OF MEMBERS.
Commissioner Kendrick was absent for -this meeting
3. Consider Approval of Meting Minutes.
a) September 19, 2019 Minutes
Motion by Commissioner Tschappat to approve the proposed meeting minutes.
Second by Commissioner Barrera Motion to approve carried
Ayes- Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Martin, and
Chairman Lawler
Abstain- Commissioner Follis
Nays- done Motion to approve passes, 7-
4a Public Comment (6- 1 )a Chuck Rosa — 612 S Virginia St., La Porte TX — Voiced
concerns about citizen comment time limits and the lack of enforcement. additionally,
voiced personal opinion in regards to voting patterns of the Planning and Zoning
Commission.
5. Public Hearing (6- 4 )a Open public hearing to receive input on an application for
Zone Change 19-92000006, a request by Michel Anderson of Ryan weezy, applicant,
on behalf of Texas Cargoways, LLC, owner; for approval of a zone change from Mid
Density Residential (R-2) to General Commercial (GC), on a 6.921 acre tract of land,
located at the 3400 dock of Canada Rd., and legally described as Reserve A, dock 1
Dawson Subdivision.
a) Staff Presentation- Ian Clowes, City Planner, presented the zone change request
to the Planning and Zoning Commission. Staff determined the request would not
be considered spot zoning.
b) Applicant Presentation- Ryan Sweezy approached the commission to present
what the proposed development would consist of and field questions if needed.
c) Public Comments.
• Brad Carpenter — 2207 Lovel Lark Ln — Voiced Support
• Tam Stack — 3535 Canada Rd. — Voiced Support
d) Question and Answer- Commissioner Follis questioned what the future use of
the pre-existing non -conforming structure to the north of the proposed site would
be. Commissioners also voiced concern that if the proposed zone change was
approved, all uses permitted in GC would be permitted. Commissioner Martin at
this point abstained due to a potential conflict of interest.
Motion by Commissioner Warren to deny the proposed zone change 19-92000006
Second by Commissioner Follis Motion to deny carried
Ayes- Commissioners Barrera, O'Conner, Follis, Warren, Pitzer and Chairman Lawler
Abstain- Commissioner Martin
fVa Commissioner Tschappat Motion to deny passes, -1
6. Future Land Use Map Amendment (6-33 )a Consider a recommendation to City
Council on a proposed amendment to the Future Land Use Map component of the La
Forte Comprehensive Plan by amending the land use designation for a 6.921 acre tract
of land located at the 3400 Block of Canada Rd., and legally described as Reserve A,
Block 1 Dawson Subdivision, from "Mid -High Density Residential" to "Commercial„
a) Staff Presentation- Ian Clowes, City Planner, presented the Future Land Use Map
amendment to the Planning and Zoning Commission.
b) Question and Answer- N/
Motion by Commissioner Warren to deny the proposed Future Land Use Map
amendment.
Second by Commissioner Follis Motion to deny carried
Ayes- Commissioners Barrera, O'Conner, Follis, Warren, Fitter, Tschappat and
Chairman Lawler
Abstain- Commissioner Martin
fVa alone Motion to deny passes, 7-
7a Public Hearing (6-34 )a Open Public Hearing to receive input on an application for
Special Conditional Use Permit (SCUP) 19-91000007, a request by Charles Anders of
ayway Homes, Inc., applicant; on behalf of Paulette C. Fonteno, owner; to allow for a
single-family duplex home to locate on a 0.12 acre tract of land legally described as Lots
10 & 11, Block 30, Beach Park Subdivision.
a) Staff Presentation- Ian Clowes, City Planner, presented the Special Conditional
Use Permit (SCUP) to the Planning and Zoning Commission. As part of the
presentation, Ian Clowes mentioned that the proposal for this property would
resemble Sylvan Beach Park homes built by the same developer 2 blocks north.
b) Applicant Presentation- N/A
c) Public Comments- Paulette Fonteno — 618 Carmel Pkwy, Corpus Christi, TX —
Voiced support
d) Question and Answer- Commissioner Follis stated that he liked the existing
duplex homes being built on N Circle Dr. that but raised a concern that the product
that is proposed for this property wouldn't fit with the existing character of the
surrounding area. Commissioner O'Conner voiced concerns about potential for
flooding in the area if the site were to be developed.
Motion by Commissioner Follis to deny the SCUP #19-91000007
Second by Commissioner O'Conner Motion to deny carried
Ayes- Commissioners O'Conner, Tschappat, Pitzer, Follis, and Chairman Lawler
Nays- Commissioners Warren and Barrera Motion to deny passes, -
Commissioner Martin was not present for the vote.
8. Major Development Site Plan (6-59 pm)- Consider approval of the major development
site plan 19-83000002, Port of Houston, a 20.76 acre -truck processing facility located at
900 Barbours Cut Blvd.
Motion by Commissioner Tschappat to approve the Site Plan #19-83000007
Second by Commissioner Barrera Motion to approve carried
Ayes- Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Martin, Follis, and
Chairman Lawler
Nays- None Motion to approve passes, 7-0
9. Discussion (7-04 pm).
a) Mixed Use Project at Wharton Weems and SH 146 — Ian Clowes, City Planner,
presented the submitted conceptual General Plan for a mixed -use development
which consisted of multi -family and single-family components to the East and
commercial sites planned for the HWY 146 N feeder road frontage. Feedback from
the Planning and Zoning Commission consisted of the following:
0 No gas stations of any kind are desired as a component of -the project.
Any proposed hotel should be a unique concept to La Forte, ideally with some
sort of conference or convention center.
• Multi -family is not currently a desirable use for this site. The city currently has
three (3) multi -family projects under development, including the site directly to
the north of this proposed location. The commission has concerns regarding
the viability of a fourth mule -family project.
• Desire to see more dedication to Loins Density Residential (R-1, single-family)
instead of multi -family.
b) Chapter 106 Subcommittee Update — Ian Clowes, City Planner, provided a
status update on potential recommendations for code changes.
c) Update on City Council Actions —
• City Council approved the Canada Rd. and Fairmont Fkwu apartment SCUP
at the September 23, 2019 meeting.
• City Council approved the denial with prejudice amendment to applicant submittals was
approved.
10. Commission Comments.
11. Adjourn (7- )a
Motion by Commissioner Warren to adjourn the meeting.
Second by Commissioner Fitter Motion to adjourn carried
Ayes- Commissioners Barrera, O'Conner, Tschappat, Warren, Fitter, Martin, Follis, and
Chairman Lawler
Nays. alone
Motion to adjourn passes, 7-0
Respectfully submitted,
Chase Stewart
Planning Technician
Passed and approved on 12019.
Hal Lawler
Chairman, Planning and Zoning Commission
Trey Kendrick
Secretary, Planning and Zoning Commission
City
;i / Porte,
r Texas
Planning and Zoning Commission
Consider approval of a Major Development Site Plan 19-83000001
to allow for construction of a new multi-farnily development
located at 1331 SH 146
Ian Clowes, City Planner
Planning and Development Department
Staff Report
Should the Planning and Zoning Commission approve a Major Development Site
Flan for a now multi -family development at 1631 SH 146 by ®oak Brown of
Brownstone Group?
Staff recommends approval of the proposed Major Development Site Flan as
submitted with the condition that any and all remaining staff comments be addressed
prior to release of approved site plan.
Applicant's Request,
The applicant seeks to construct a new multi -family development on a 20 acre
tract of land. The proposed facility will consist of 20 separate structures, totalin
294 individual units, and an office/club house building. The site will include
associated development requirements such as parking, utilities, landscaping, et
/
the drainage easement located along the eastern boundary of the site. The
attached Exhibits show the proposed site layout and other information provided
the applicant.
Background Information,
The subject site is 20 acres in size and located on the east side of SH 146, west
the Bay Forest Golf Course. The property is currently going through the replat
process. The Planning and Zoning Commission approved the proposed project
received approval of a Special Conditional Use Permit (SCUP) in April 2018. 1
This site development plan was reviewed according to the provisions of Chapt
86-7 (c). Because the overall site is greater than 10 acres in size, it
requires consideration by the Planning and Zoning Commission. The site plan i
also subject to all applicable requirements of the City's Zoning Ordinance
(Chapter 106 of the city's Code of Ordinances) and approved SCUP. Planni
staff has reviewed the proposed site development plan and concluded that the
application complies with all I
applicable code requirements. The following is a description of staff's analysis of
various considerations:
Site Improvements,
The site will include a 294 unit multi -family development, a new parking lot with a
total of 490 automobile parking spaces, utility connections, and landscaping.
Landscaping.
The site development plan includes proposed landscaping in accordance with the
provisions of Section 10 -600 of the Code of Ordinances. Staff has reviewed
the landscaping proposal and finds that it is consistent with the landscaping
required in Section 106-600 of the Code of Ordinances.
Parkland Dedication and Park Development Fees
Section 66.25 of the City's Development Ordinance requires one acre of park land
be dedicated for every 93 proposed dwelling units. In this case, the applicant is not
proposing to dedicate any parkland to the city. The ordinance also allows for a cash
payment in lieu of that dedication. The ordinance requires payment of 490 per
dwelling unit to satisfy the cash payment in lieu of land dedication. This payment is
due at the time of building permit for each individual dwelling unit.
In addition to the cash payment in lieu of land dedication, the applicant is
responsible for payment of a park development fee at the time of building permit.
Section 66-25(b)(3) of the Development Ordinance requires payment of a 316
fee per dwelling unit. As a result, at the time of building permit issuance for each lot
the applicant will be responsible for payment of 490 + 316 = 606 to cover the
cash payment in lieu of land dedication and park development fee.
Parking and circulation.
Section 106-639 of the Code of Ordinances outlines the City's parking
requirements for multi -family uses. The requirements are as follows for this
development:
1 per Studio, 1.5 per one bedroom unit, 2 per two bedroom unit, and 2.5 per
three bedroom unit. In this case a total of 520 parking spaces are required by
code. Section 106-631 (b) allows for up to 8% of required parking to be
developed as landscaped parking islands. This allows up to 42 parking spaces to
be developed as landscaped islands.
Drainage and detention.
The City Engineer has reviewed the proposed drainage plan and has determined
that it meets the required standards.
Utilities.
site utility plan has been submitted and approved by the City Engineer.
I
Based on the analysis above, staff finds that the proposed Major Development Site
Flan for Hawthorne Bay Forest complies with the various applicable code
requirements and should be considered for approval.
Hawthorne Bay Forest Site Flan
Area Map
Application
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Maj�or Development Site Plan Application
PI nnin 'a 1 gain4'Developmen,tDeipartrrien;t
Property, address, if knowm�� 1831 N. - wa State Highy 146
..........
Legal dewiption o,f site. 20 aic out of Johnson Hunter Survey, A,bst No, 35, City of LaPorte, Harft C�ounty
..... . ..........
HCAD Nrcet Number/s, of sftp° 0410278010101034
Zoneg OsMct: PUD - Planned Utility Djstr�ict 20.0
Lot area.
Attach, to this application a Projeo,,Descri�tjon Letter, thr of describesin detaii the proposeddevelopment.
Name� Doak Brown
. ...................... . . ......... . ...................
Ca mpany (if applicable), Hawthorne at LaPorte, LI-C
Addkes,5:6517 Mapleridge
. . ........
Cut: Houston State: Texas Zip: 770,81
pihom.. (713) 432-7727 Emai�:,doak@!thebrownsto,rL49roulp'..com
BEREM
Company (if applllcelbfle)JA Coislanza & AsscOrd ates
. .. . ...........
Axldress:'4301 Center Street
. .............................
Dear Rark -, ... . ........... .. . ... . State, Texas Zipl� 77536
....... . ....... . ........ ............
Phone: (281), 9301-,91,339 Ema4� jehyIe§a,c j -Gemmi
. . ...... . .. . . ....
OWNI'ER
(i'eN1T,CERTiIFICATIO'N�
I Iherell y depose and state undeir the penafties, of perjury LNI. W1 statements, proposalt and/'cir plans 5,ij�urnftted with/oir OontMned to
this appikatilon aretrue and c�ect and t1helapplication, is completp to, thp best of mV know[edge and beHef,
Age nt"s Sltp atu
Ownier(s)( Sign at Ur e(s)
11 1 j:Fmw'*X0491 10
Case Number: 19-83000001
Datw 02-28-20,19
Date� 02-28-2019
iDate Application Recerived-.
03.05.19 IC
City
;i / Porte,
r Texas
Planning and Zoning Commission
Consider approval of Preliminary Flats for the Morgan's Landing
subdivision; seven (7) sections of a single family residential
development consisting of 317 lots on 90.9 acres located on Bay
Area Blvd. between Fairmont Pkwy and Spencer Hwy.
Ian Clowes, City Planner
Planning and Development Department
Staff Report
Should the Planning and Zoning Commission approve the Preliminary Flats for
seven (7) sections ofMorgan's Landing?
Staff recommends the Planning and Zoning Commission approve the Preliminary
Plats forMorgan's Landing with the condition that any and all outstanding staff
comments be addressed prior to submittal of Final Plats.
��licant'� F2oc�ua�t:
The applicant, Jennifer Curtis of META, Planning + Design, requests approval of seven (7)
sections of Preliminary Plats for the Morgan's Landing subdivision. The attached Exhibits
are the proposed preliminary plats. The 90.9 acre site will consist of 317 low density
single family residential lots ranging in size from 5,625 square feet to 7,300 square feet.
Fackround Information:
The site is currently zoned PU®, with an approved SCUP", and is vacant. The following table
summarizes the surrounding zoning and land uses:
Zoning Land Use
North CC, General Commercial Shell Credit Union, Spencer Mini storage.
South BI, Business Industrial Industrial Buildings
West R-1, Low Density Residential Fairmont Park East Subdivision
East PU®, Planned Unit Vacant Undeveloped Land
Development
Residential requirements,
Section 106-333(a) include the various zoning requirements for residential development
(see the attached Exhibit C).
1. Single family detached development requires a minimum lot area of 6,000 square
feet. The proposed Morgan's Landing Preliminary Plat complies with the approved
SCUP which permits lots with lot areas less than 6,000 square feet.
2. The code requires a minimum 50 foot lot width. The proposed Morgan's Landing
Preliminary Plat complies with the approved SCUP" which permits lot widths with a
minimum of 45 feet.
3. Yard setbacks are as follows: front-25 feet, sides-5 feet, rear-15 feet. Front setbacks
have been called out on the preliminary plat document. All setbacks will be verified
at the time building permits are issued for each house.
4. The maximum height allowed for a single family detached structure is 35 feet and will
be verified with the issuance a of building permit for each house.
5. The minimum site area per unit for single family detached development is 9,100
square feet. The proposed Morgan's Landing subdivision is proposed at 21,847.5
square feet per unit. The maximum dwelling units per acre is 4.3 while the proposed
subdivision is at 1.99 D.U./acre, which is less dense than the code allows. The
proposed subdivision is in compliance with these code requirements.
6. The maximum lot coverage is 40% and will be verified at the time building permits
are issued for each house.
Staff finds that the proposed preliminary plats are in compliance with the
residential requirements set forth in Section 106-333(a) of the City's Code of Ordinances.
The applicant has provided the required drainage for the subdivision. There will be two
ponds, the first being an amenitized inset bottom lake in the center of the development, and
the second being a dry detention basin at the southern edge of the property. The
functionality of these dentition facilities have been detailed in a drainage report submitted
to city staff and reviewed by the City Engineer.
Park Lark/ Dedication and Park Development Fees.
Section 36-25 of the City's Land Development Ordinance (see the attached Exhibit)
requires one acre of park land be dedicated for every 93 proposed dwelling units. In this
case, the applicant is not proposing to dedicate any parkland to the city. The ordinance
also allows for a cash payment in lieu of that dedication. The ordinance requires payment
of 490 per dwelling unit to satisfy the cash payment in lieu of land dedication. This
payment is due at the time of building permit for each individual dwelling unit.
In addition to the cash payment in lieu of land dedication, the applicant is responsible for
payment of a park development fee at the time of building permit. Section 36-25 of the
Land Development Ordinance requires payment of a 313 fee per dwelling unit. As a
result, at the time of building permit issuance for each lot the applicant will be
responsible for payment of 490 + 313 = 303 to cover the cash payment in lieu of land
dedication and park development fee.
• Aerial Map
• Morgan's Landing Preliminary Plats
• Section 106-333(a) of the City's Code of Ordinances
• Section 36-25 of the City's Land Development Ordinance
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RESTRICTS RESERVE 'A"
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SECTION NINE
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CONTAINING 98 LOTS CSO` X 12V �P.) AND
FOUR RESERVES IN FOUR BLOCKS
OUT of THE
RICHARD PEARSALL SURVEY, A-625
01— OF LA PORTE, HARRIS COUNTY, TEXAS
M-�ZER HOMES
OREO COLEMAN
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CONTAINING 34 LOTS (SOX 12W �P.) AND
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CITY F LA —M HARRIS 001—. TEXAS
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(a) Table B, residential area requirements.
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Lot
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Site
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Area/D.U.
Width
Setbacks
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S. F.
L. F.
L. F. F.R.S.
S. F.
Unit S.F.
Minimum
2, 3, 4, 5, 6, 10,
7
Landscaping
Required
11, 12, 13, 14,
9, 19
15
ing�e-famfty
RO-00
R0—
� 5 -15 —53
5 —Ft.
9100
TO—'/.-/ N —/A
letached
4.8
-----DU/A
ing�e-famfty wire
43560
90
25-15-5
45 Ft.
43560
40%/N/A
of
1.0
DU/A
ing�e-famfty
4500
40
20-10-0
35 Ft. —73-00
—ot�/./N/A�
T-onote
RO
pecia� dot hne, 0
6.0
# 1
of Hne
DU/A
)up�exes
6000
60
25-20-20
45 Ft.
8.0
Footnote
60%/N/A
-----DU/A
# 1
ing�e-famfty
6000
50
20-10-5
35 Ft.
N/A
N/A
50%/N/A
:onverted to
ownhouses,
2000
TO
25-20-20
45 Ft.
4400
Footnote
75%/25%
juadrap�exes
10.0
# 1
10,000 s. f of site
DU/A
irea 100 ft. wide)
Auftifarnfly
20000
100
25-20-20
45 Ft.
1600
Footnote
60%/25%
14
# 1
DU/A
Aanufactured
4500
40
20-10-5
75 —Ft.
73-00T-o—otnote
6-O�/6/6%
iousing
6.0
# 1
-----DU/A
Aanufactured
100 of front
IN/A
N/A
N/A
N/A
N/A/N/A
iousing subdivision
road
)r parks (5 acre
frontage
nin.)
;roup care
25-20-10
25 Ft.
N/A
N/A
N/A/6%
acHities (Uess than
s) and day care
iomes
lubhc or private
30-20-10
45 Ft.
N/A
N/A
N/A/6%
xducationa� and
ehgious
nstitutions, wrge
Iroup care
acHities, daycare
:enters,
ecreationa�
wfldings,
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Page 2 of 3
)oarding, and
-freestanding on-
xlrea•rrises sins
-arge lot district
Oere tract is one
icre in size or
1reater (without
xxisting principal
tructure)
�ccessory
tructure/domesti
ivestock
Table B footnotes.
See articlie V11 of this chapter
See sect ion...1.06::.A.I.(.b Special Regu�ations
............................. ... ......... .
Lot Size Required Develioped
0en S ace/Lot.
5000-6000 Sq. 117t, LO�.
4000-4999 Sq. Ft, 300S Ft
3000-3999 S Ft. DOS K
000-2999 S o Ft.
a. Minimum size of developed open space: One-half acre for every 80 units or fraction thereof.
(11) For multifamily residential developments: Minimum of 25 percent of the totall development regardless of size of
development.
(1111) For townhouselquadraplex developments: One-half acre for every 80 units or fraction thereof.
b. Aill required developed open spaces must be operated and maintained by a homeowners association, subject to the
conditions established !in sections..1.0 . 6 through.6 9, with all documenn tatiorequired to be submitted for filing !in
�& ..7..... ...... �Z Z
conjunction with the finall pllat. (See allso the City Development Ordinance Number 1444, section..4 O.A. which !is on file !in the city
secretary's office.)
2 A minimum Ilandscape setback of 20 feet wIll be required adjacent to all conservation areas. Buildings, parking areas, and refuse
containers wIll not be allowed !in such setback area. These areas are to be Ilandscaped with trees, shrubs, and groundcover, with a planting
plan required to be submitted and approved by the enforcement officer.
3 The minimum setback adjacent to any utility easement located !in a rear yard, shall be three feet. No portion of any building including
projections of any nature shall encroach iirnto any utility easement or verticall projection of the easement boundary.
4 Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum
setback shall be the average of the adjacent structures. If there !is onlly one adjacent structure, the front yard minimum setback shall be the
average of the required setback and the setback of onlly one adjacent structure. In no case shall the minimum front yard setback exceed
30 feet.
5 Aill slide yards adjacent to public R.O.W.'s must be ten feet.
6 In the case of zero (lot IliIne housing, the slide setback opposite the zero (lot IliIne must be ten feet.
7 D.U.A. !is an abbreviation for dwelling units per acre, or the maximum density permitted.
8 Aill structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed bellow
or partially bellow grade, not lirnternded to be removed from !its installation site, which !is designed to support the structure and engineered to
resist the imposition of externall forces as defined by the Standard Building Code, or !in the case of industrialized housing, the requirements
of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, of
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Page 3 of 3
one !is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the Southern Building Code.
9 See article V, division 4 of this chapter for additionall requirements.
10 No sign shaIll be located !in a sight triangle so as to obstruct traffic visibility at a Ilevell between three feet and six feet as measured
above adjacent road grade.
11 In the case of multifamily resildentiall developments with 50 or more units, said compllexes must be located at (least 1,000 feet from
other multi-familly resildentiall 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 se.(ition 1.06
for
screening and fencing requirements.)
13 Resildentiall developments that are townhouses, quadrupllexes, or multi-familly dwelling units must have a minimum of 25 percent
landscaping.
14 Multifamily resildentiall developments adjacent to sling Ile -fa milly residentiall 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 resildentiall developments, no off-street parking shaIll be placed within the required setback, or within the
required additionall 25-foot buffer when the development !is situated adjacent to a sling Ile -fa milly residentiall development. The space needed
to meet the required parking spaces shaIll be exclusive of the required setback and the additionall buffer.
16 In the case of multifamily resildentiall developments being adjacent to single-family resildentiall developments, the buildings within the
multifamily resildentiall developments that are directly adjacent to the single-family resildentiall development shaIll be I to two -stories !in
height. Buildings within the !interior of the multifamily resildentiall developments may be three -stories !in height.
17 Multifamily resildentiall developments cannot exceed 180 dwelling units.
18 See §2.j.;I.J.2...I.i 1.06..::.3.3.A.Y11)(3) for open space utilization criteria.
19 Following structures exempted from 40 percent (lot coverage on single-family detached: Accessory buildings 200 s.f. or less and patio
covers up to 900 s.f.
20 Maximum (lot coverage for sling Ile -fa milly detached !in planned unlit development (PUD) zoning district or resildentiall subdivisions
requiring a detention/dra linage system, shaIll be 50 percent.
(The !impervious cover factor of 55 percent for the totall site for drainage, as prescribed !in PICM, remains !in effect.)
(Otd. No, 150 WJ, § 6, 10-14-021, Otd, No, 150 I-LLLL, § 6(Ex1j, F), 4-25-051, Ott, No, 150 I-T4, § 6(Exh, F), 10-24-
051, Otd, No, 32,12, § 1, 4-26- 101, OtV, No, 3,153, § 3, 12-10-121)
Cross relbrence Contents of mobile home parkplans, § 98-92 minimum anga requingments for mobile home
parks, § 98-951, location of mobile homes olith n9spect to pq)erly fines and public stn9ets, § 98-99,
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11"Xi 11BIT F,
f 0111111M.I. 1111!
(1) It is the policy of the city to provide recreational areas and amenities in the form of neighborhood
and community parks as a function of residential development in the City of La Porte. This section
is enacted in accordance with the home rule powers of the City of La Porte granted under the
Texas Constitution and statutes of the State of Texas, including, without limitation, V.T.C.A. Local
Government Code, § 51.071 et seq. and § 212.001 et seq. It is hereby declared by the City
Council of the City of La Porte that recreational areas, in the form of neighborhood parks and
related amenities and improvements, are necessary and in the public welfare, and that the only
adequate procedure to provide for same is by integrating such requirement into the procedure for
planning and development of property of a residential subdivision in the City of La Porte, whether
such development consists of new construction on previously vacant land or rebuilding and
redeveloping existing residential areas.
In order to provide an equitable method of determination of the requirements for future
development of residential areas of the City of La Porte, the following formula is hereby adopted:
The population of the city based on the latest United States Census data, adjusted on an annual
basis based on the predicted growth of the city as found in the parks and open space master plan
for the year in which the adjustment is made, is identified. The resultant number is divided by the
number of acres of available neighborhood and community parkland inventory in the City of La
Porte, resulting in the number of persons per neighborhood or community park acre in the City of
La Porte. This result is then divided by the number of La Porte persons per dwelling unit as
identified in the latest United States Census data, giving the number of dwelling units per acre of
neighborhood or community parkland. This number is then divided into the total acquisition cost
For land at the average appraisal value, and development cost per acre for development of the
land into a typical park as identified in the parks and open space master plan of the city.
This formula provides a baseline for determining the number of dwelling units per acre rate for
Future development within the city, the parkland dedication or in lieu acquisition costs for parkland,
and the cost of future park development. This formula shall be applied and reviewed periodically
to assure that the process for future development remains fair and equitable as established
herein. In the event that the periodic review results in a determination of inequity, an amendment
to the ordinance to correct the inequity will be presented to council for consideration.
(b) General requirement for dedication of land and payment of park development fee,
(1) Whenever a final plat is filed of record with the County Clerk of Harris County, Texas, or a
development site plan, or a property survey is submitted and filed with the approving authority of
the city in accordance with the provisions of this chapter and other planning and development
ordinances that may be contained within the Code of Ordinances of the City of La Porte, for a
development of a residential area within the City of La Porte that contains one or more residential
dwelling units, such plat, or site plan, or property survey shall contain a clear fee simple dedication
of one acre of land for each 93 proposed dwelling units. As used in this section, a "dwelling unit"
means each individual residence, including individual residences in a multi -family structure,
designed and/or intended for inhabitation by a single family. Residential structures that are moved
From one area of the city to another area of the city are specifically excluded from the park
development fee requirements of this chapter.
Any proposed plat or site plan, or property survey submitted to the City of La Porte for approval
shall show the area proposed to be dedicated under this section. The required land dedication of
this section may be met by a payment in lieu of land where permitted by the City of La Porte or
required by other provisions in this chapter.
In the event a plat is not required and a development site plan or property survey is filed, the
dedication of land or payment in lieu of land required under this section shall be met prior to the
issuance of a building permit by the approving authority of the city.
(2) The City Council of the City of La Porte declares that development of an area less than one acre
For neighborhood park purposes is impractical. Therefore, if fewer than 93 dwelling units are
proposed by a plat filed for approval, the approving authority may require the developer to pay
the applicable cash in lieu of land amount, as provided in subsection (c) below.
(3) In addition to the required dedication of land, as set forth above, there shall also be a park
development fee paid to the City of La Porte as a condition to subdivision plat approval or
issuance of a building permit. Such park development fee shall be set from time to time by
ordinance of the City Council of the City of La Porte sufficient to provide for the development of
amenities and improvements on the dedicated land to meet the standards for a neighborhood
park to serve the area in which the subdivision is located. Unless and until changed by ordinance
of the City Council of the City of La Porte, the park development fee shall be calculated on the
basis of $318.00 per dwelling unit.
(4) In lieu of payment of the required park development fee, a developer shall have the option to
construct the neighborhood park amenities and improvements. All plans and specifications for
the construction of such amenities and improvements must be reviewed and approved by the
approving authority. The developer shall financially guarantee the construction of the amenities
and improvements, and the City of La Porte must approve same, prior to the filing of a plat in the
case of platted subdivisions. Once the amenities and improvements are constructed, and after
the approving authority has accepted such amenities and improvements,'the developer shall deed
and convey such amenities and improvements to the City of La Porte or to the applicable
homeowners association.
(5) In instances where land is required to be dedicated, the approving authority shall have the right
to accept or reject the dedication after consideration of the recommendation of the parks and
recreation director or the planning and zoning commission, and to require a cash payment in lieu
of land in the amount provided under subsection (c) below, if the approving authority determines
that sufficient park area is already in the public domain for the area of the proposed development
or if the recreation potential for that area would be better served by expanding or improving
existing neighborhood parks.
(6) When two or more developments will be necessary to create a neighborhood park of sufficient
size in the same area, the parks and recreation department, at the time of preliminary plat
approval, will work with the developer to define the optimum location of the required dedication
within the respective plats. Once a park site has been determined, adjacent property owners who
develop around the park site shall dedicate land and (or) cash to the existing site unless otherwise
determined by the approving authority, as provided herein.
(c) Cash payment in lieu of land,
(1) A developer responsible for land dedication under this section shall be required, at the approving
authority's option, to meet the dedication requirements in whole or in part by a cash payment in
lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to
Filing the final plat for record, or prior to the issuance of a building permit where a plat is not
required.
(2) The cash payment in lieu of land dedication shall be met by the payment of a fee set from time
to time by ordinance of the city council sufficient to acquire neighborhood parkland. Unless and
until changed by the city council, such fee shall be computed on the basis of $490.00 per dwelling
unit. A cash payment in lieu of land dedication, as set forth in this section, does not relieve the
developer of its obligation to pay the park development fee of $318.00 set forth in subsection
(b)(3) above. The cash payment in lieu of land dedication is in addition to the required park
development fee.
(3) The general requirements for dedication of land and payment of park development fees and the
cash payment in lieu of land are set forth graphically in table 1, attached hereto.
(4) The City of La Porte may from time to time decide to purchase land for parks in or near the area
of actual or potential development. If the city does purchase park land in a park zone, subsequent
park land dedications for that zone shall be in cash only, the calculation of which is set forth as
provided herein. Such cash payments are in addition to the payment of the required park
development fee.
(d) Special fund,
(1) All funds collected by this dedication process will be deposited in the City of La Porte's Park
Development Fund and used for the purchase or leasing of park land and the development and
maintenance of same. All expenditures from the said fund will be reviewed and approved by the
Office of the City Manager' for'the City of La Porte.
(2) The City of La Porte shall account for all sums paid into the parks development fund with
reference to the individual plats involved.
(e) Prior dedication, absence of prior dedication,
(1) If a dedication requirement arose prior to the passage of this chapter, that dedication requirement
shall be controlled by the ordinance in effect at the time such obligation arose, except that
additional dedication shall be required if the actual number of dwelling units constructed upon
property is greater than the former assumed or planned number of dwelling units. Additional
dedication shall be required only for the increase in the number of dwelling units and shall be
based upon the land dedication and park development fee requirements set forth herein above.
(2) At the discretion of the city, any former gift of land to the city may be credited on a per acre ba
toward eventual land dedication requirements imposed on the donor of such lands. The approvj
authority shall consider the recommendations of the Parks and Recreation Department and
Planning and Zoning Commission in exercising its discretion under this subsection.
(I) Additional requirements, definitions,
(1) Any land dedicated to the city under this chapter must be suitable for park and recreation uses.
The following characteristics of a proposed area are generally unsuitable and may be ground for
refusal of any plat:
Any area primarily located in the 100-year floodway as determined by the Harris County
Flood Control District.
b. Any areas of unusual topography or slope which renders same unusable for organized
recreational activities.
(2) Drainage areas may be accepted as part of a park if the channel is constructed in accordance
with city engineering standards as found in Section 5.5.3 of the Public Improvement Criteria
Manual of the City of La Porte, if no significant area of the park is out off from access by such
channel, if not less than five acres of the site is above the 1 00-year floodplain, or if the dedication
is in excess of ten acres, not less than 50 percent of the site should be included in the 1 00-year
flood plain.
(3) Each park must have ready access to a public street.
(4) Unless provided otherwise herein, an action by the city shall be by the approving authority, after
consideration of the recommendations of the commission and/or the director of parks and
recreation department.
(5) Any preliminary plat approved prior to the effective data of this chapter shall be exempt from
these requirements set forth herein; however, however when such preliminary approval expires,
any resubmission of such plat shall meet the requirements of this chapter.
(g) Instruments of dedication,
(1) The park land dedication required section shall be made in the case of subdivision by a
reservation on the final plat as filed in the map records of Harris County, Texas, unless additional
dedication is required subsequent to the filing of the final plat. In the case of a development site
plan, the dedication required by the ordinance shall be made by filing of a deed to the deed
records of Harris County.
In either event, if the actual number of completed dwelling units exceeds the figure upon which
the original dedication was based, such additional dedication shall be required, and shall be made
by payment by the cash in lieu of land amount provided herein.
City
;i / Porte,
r Texas
Planning and Zoning Commission
F/I
Consider approval of Replat 1-97000006 by Charles Anders of
ayway Homes for the proposed Bay Village Section 1, a replat of
Lot 9, Block 3, Lots 1-1, Block 4, Lots 1-7 and a portion of Lot 6,
Block 10, of Bay Oaks Subdivision, Barris County, La Forte, TX.
Ian Clowes, City Planner
Planning and Development Department
Staff Report
The applicant, Charles Anders of Bay Way Homes, requests approval of a replat
for Bay Village Section 1. The attached Exhibit is the proposed replat. The 8.16
acre tract of land is currently vacant. The site had previously been home to the
LPISD Bayshore Elementary. The site is located along Bay Oaks Dr., east of S.
Broadway, and is zoned Single Family Residential (R-1).
The site is currently zoned R-1. The applicant desires to replat the former
LPISD property into 27 individual single family lots. All lots will meet the minimum
lot size of 6,000 square feet in the R-1 zoning district. The following table
summarizes the surrounding zoning and land uses:
Zoning
Land Use
North R-1, Single Family Res.
Single Family
Scant N/A — City of Shoreacres
Single Family
West R-1, Single Family Res.
Single Family
East R-1, Single Family Res.
Single Family
Staff recommends the Planning and Zoning Commission approve the replat of Bay
Village Section 1.
• Bay Village Section 1 Replat
• Location Map
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E: f -
oa
� o
o
ROOM
City
;i / Porte,
r Texas
Planning and Zoning Commission
FE,
��
AVM���M
AnnualProposed Ordinance language for Chapter 106 based
on the
Ian Clowes, City Planner
City of La Porte, Texas
Planning and Development Department
Staff Report
The Planning and Zoning Commission is tasked with conducting an annual review
of Chapter 10 "Zoning". To do so, the commission created a subcommittee made
up of 4 members of the Planning and Zoning Commission. Along with staff support,
the subcommittee has conducted a number of meetings to determine areas of
Chapter 106 that may require certain amendments. Throughout the multi -month
process, staff periodically brought the working document to the full commission as a
discussion item. The fiat phase of recommended amendments consists of a
number of changes that are considered top priorities based on Council and staff
feedback. A second phase of recommendations will be brought to the full
Commission in early 2020. Attached is the final draft document with all proposed
changes to Chapter 106.
Staff recommends the Planning and Zoning Commission recommend approval
of the proposed amendments to Chapter 106.
N
-01
BE IT ORDAINED BYTHE CITY COUNCIL OFTHE CITY OF LA PORTE, TE XAS:
5SSjjWLj: That 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 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 rrierc['iainduse ternw& &x['i are '.)ro[iut)uted fr011'i '.)rovkjuing fl-ie folHoWing uses
aind/or feature& 1) duq.)einsuing of riotor fu6s aind '.)etr6eurri Va -iug['i cq.)a6ty nozzles2)
sq")airate fu6canq.)oc6oi,y 3overi�g['t a(,(,01'1'lii,io(iatoii,['iot6/rriot6roorri
reintal), 4) stmwerdauindiy fa(JA luflescorrirriei,64uriotor ve[ike 5) truck scales�
6) overinlg['it truck '.)arking,
Section 2: That the following definitions 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 laizge over th° e road trucks aind corrirrier6au°riotor ve[Ikes
G,'N�@ [c)a(J& and which may '.)roVde I & add�floina�� arriein�fles for such
vehicles and their drivers &x['i esta�l,,)llusll"iiiii,iieii,nts are aufl-iorized to II-iave a rriaArriurri ofainy two
(2) of ill-ie foHoWing uses aind/or features ruin sute: 1) cflsl.)einsing of riotor fu6s aind Ilweiu 6eurri Va
-iug['i cq.)a6ty unrnzzlles2) sq,.)airate fu6cainq.)y for dues6oi,fly 3) arestauraint orcaf64)
st,ioweirdauindry fa(JA lufles5) truck 6) truck scaIes Overinug['it truck '.)arking us
'.)errrJttecj oi,fly wt'iein in coinjuincfloin Wfl-i truck use oin s��te
NLdi:Qn 2: That Section 106-3 10 "Table A, Commercial & Industrial Uses", Article III "Districts", Division
I "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 106-3 10 "Table A, Commercial & Industrial Uses", which shall hereinafter read as follows:
20. II Nazairjous riateiias wti(,['i ui oii ui umt uequlii,e a '.flacai,d ui mt Il,)e stoi,ed oii,u s�ite foil'
aii,riy ei,gfl-i of flirie, a egai,(fless of wt'iefl-iei, fl-ie use is ocated adjacei,A to fl-ie II-iazai,dous caii,go a oute
F-Ius Iloio[Ilt)�floi,ri iiii,x,ludes stiu .)iriei,As of -iazai,dous riateiias fl-iat aii,e defli,ued as tii'aii,scut Il,,)y fl-ie
)eI'.)aiti,riei,A of Fii'ai,usI.)oitafloi,u (I)() 11"')
5SU:ign 3: 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
See. 106- 789. - Fence m ateri a] s.
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.
See. 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.
See. 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).
See. 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.
See. 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.
See. 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.
See. 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.
See. 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.
See. 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.
See. 106-798. - Fencing and all 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.
See. 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 U1, 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 Coiriiriercial Landscapirif,"Y'
l,(A rmd seflx,.d:Am&m(kmls,
AH of'Fslxeel� m&meuverin,,,�jmd sh,ffl be "gel' &,o ffiirty ('310)
feel1 from °amy mreel� ri,,.,,M ow°,y hne,
(2) AH (qx,�que wr,ffls rmd fin:es shy ,ffl be sel� r,o ffiirty ('310) feel� from 1he
ri,.r,M ofr,�y hneof�
('31) AH open where ;.-�ermilled by ffie undedyin,,.d, zonin,,.d, shy ,ffl be sel�
r,o ffiirly ('310) feel from ffie ri,,.r,M of wiry hne ofr spe�:.ified
(b) mam(kmls.
(� ) Al um (0) p.-�en:enl offfic iol1 shy ,ffl be open
(2) Frees r,rre required rdon,,.,�, ffie mr,r or r,�s IoHows:
sha,de lwees wiffi a,tl minimum four im,.h mea,mired lmeve (�2) im,.hes
rfl)ove ffie roollxffl shy ,ffl be �.-mwided wiffi ffie lwlyd number oflwees eqwd Im one
lwee for um feel� of
1). Ornannemal trees with as minimum Imo inch caliper measured Imelve ('p2) inches
above the rootball shall be provided with the lwtal number oflwees equal Im one
twee for each fificen ('p 5) feel� of
At leam sixty ('00) pen:enl of required slweel� trees shall be ever,,.,�,reen with year
nwnd Miage,
d. At 6me 4 plan6ng, as minimum six (0) feet shall be provided between individual
trees,
(3) Rupikal interfor site landscaping:
a. Space for vehicle overhangs shall be provided in order to amid damaging pkwiusd
Inscs and shrubs,
b. 14) parking space shall be yveater than Hy (50) few Boni a Inse,
islands shall be provided in the amount W island Aw every 10 parkn-i"�'
patms,
(4) A mechanical irri,,.a,atron system is required within the fh)nl yard building and
sobwAs,
Screenin,,., standards,
('p) The foll(mving she detrients shall be screened form view from a publia: slweet:
a, All mechanitml and udhly cupdpawnt, Screens shall immi-pwate shrubbery havin,.,t
year-nwnd Miage, and/or as decora6ve wall, fine, or architunural dement oftk
IN'o is as maximum seventylve (7y percem opaque, Roofmounled
(Njuipment nnay be screened with matedals &'o are one hundred (WO) pen:em
opacpe,
'Vehia:.le and/or and areas, Screens shall im'.orj.wrale
shrubbery having year-nwnd Miage and/or a Rxice, wall, or anlitectural demem
Mhe building IN'o has as minimum six foot hei,,M and is a maximum seventy -Ave
(75) percent opacpie,
c, ReMse, renise containers, and recycling containers, Screens shall consisl� of"a solid
fem'.e, wall, clement ofthe buildin,,.a, wiffi as minimum six foot hei,-�,M,
(t AH Imms and walls visible from as publia: slweel� shall be:
the fem'.e from view of publia: ROW or a(toin property,
b, Chwisistent in Mor \41h the building architecture,
c, Unillorm in style and materials ahmg the en6n; InWh offfic sreen whhin as
developmenI,
(3) 14) Once or wall visible Bom a publi�: slweet shall be:
a, G reater 1� ha n ei,.,M (8) feeti n hei,,,,,M,
1), l,oa:.ated wiffiin any required visibility
(d) ConsIrtu'led wiffi Amy offfic m�,oer4ds: �:.h�dn hn, rt:.o�,fled �:.kdn hn, .hdn hn
wiffi s�:.reenin2l skos, wire, lx,rbed wire, mel��d, or
(T)o:epfion: lxrbed wire m�be used sokly Im �:.omrohveslw.L)
See. 106 80484H, Aliter mttive 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. Comer 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 (�fplanty 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) Irrigalion. 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) Coriiriiei6M )iojects w[io f6low flie Ilauuuhscallllllrig guudeIluries as descii lt)ed uii-ii fliJs secfloi-i (106
801) aiie sut)Ject to ad6floi-iM facade uequ,uuuu riierits as desciJt)ed liii-ii AOHbe IIX, IDourusblris 1 3 of
C[ialAeii 106 "Zorilrig" of flie Cut y of II a )oii le Code of Oiduriarices
(4 fe-F &4q')F41_g f,r wi_ei- k4EAke&
(I# r1j,'44S n-
Gne of
a
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G: DevelGp a- &Gfeen-tog Aari.4-11-at W944 t* a-l.)F) l t'00-4& 'EAY in,Au4e& a- G&Mbj of
G6b4in+io& �,4s4 i�at &GfSwri-,
1-4& 644& Ya :fo-F a- 4lts4an�,:�& of 54 fee�II-ri.- f4e a&ent tNatt-4e &4& ts, a ei-Gklto-F
4&& ,f4e &Gfeen-w@ 61,1-a-4 ll4& l 1-144-&4 fe-F f4e ent#e lerug fh- of f4e ar rrit, ya44 a-i:S�a,
41 4.44 441+Ae� Sell ee,,IIJ� eve�:he@d PESwe
Eef 4`le tl!PeeS�
(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. 1016 8011 for shilipinif"Y', Container fillcflifles
(l)Thc, pnq)c'N , y ovmcf, of, knl,um sh"M pnr6dc,uu, n,aunaa
hi one, of, Hlfcc, v_u
dlof�ough. con6n4wus, "nid c4fcch\c, op,quc, 6s"u"d of, Hie, sh'q)phIg
h, Consl nlc4 c""alhe'n v, 'uHl ucmrhhl'uhon of, "nid gf°ound cm cf,
Oh �u4 ,Olcf4p uu�, e"'u-, v"ffl he, "'a 20 fc,�A 'M hc,'OU ,nid conhMUOUS,
c, Dc,\cAop uscf�c%nlhlg p"nl 01'u4 vwlfld he, q)pf°mcd h v Hie, c,QY 01"a hichide's,
of, C"Ain&C". "nid gfound cmcf° 01"a OlcfHlfc, ve"'u', v"ffl he, "'a
20 fc,�A 'M hc,'Th� "nid ,conknuous, \ k"u"d
(2) The, pnq)cd y ovmcf, of, knl,nl4 k"iffl pnr6dc, "flong Hie, of, Hie, S'Qc, "nid
"flong Ole, sihkllffds fbfu (hm"nice, of, 01 4cc,4, hi Hie, "uke'M 01'u4 Hie, C"'Qc, k" �o
Cfffl'HI'hNIA,`d of� f%,C'JdcnhKd Hie, sAI,ffl he, fbf� Hie, c'miffe, knlgHl of'Ole,
odI,�cc,m Y'ad
AH he, "'Oflisle'd w_Iy f'ron-I me'die""W povcf� Hne's, �o fflov, fbf
fi]H n-11'au6�lv of, Ole, k'c'e's v"QhoW 46n-in-JHIg of, kq)p'Hig of, Hie,
See, 106 841 8PC13, -"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.
See. 106 8(9 8414, -"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.
See. 106 8438PC15. - 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.
See. 106-804 8PC16, - 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.
Sees. 106-807-----106-830. -Reserved."
&LCiQn 8. 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 TWOTHOUSAND DOLIARS ($2,000.00).
Q ,&Lti0_9. 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.
5S .LtiW,�LW. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict only.
Q written City Council officially finds, determines, recites and declares that a sufficient w n
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, X. 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.
5SSjjWj.U. 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 ........_ day of JANUARY, 2020.
CITY OF LA PORTE, TEXAS
0
ATTEST:
Lee Woodward, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assist. City Attorney
Louis R. Rigby, Mayor
City of La Porte, Texas
Planning and Zoning Commission
Election of Officers:
a, Vice Chairperson
b. Secretary
Ian Clowes, it, Planner
it, of La Porte, Texas
City of La Porte, Texas
Planning and Zoning Commission
SM, IMIRAMM
Ian Clowes, it, Planner
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