HomeMy WebLinkAbout05-30-2002 Special Called Regular Meeting and Public Hearing~ • 1 •
AGENDA
A SPECIAL CALLED REGULAR MEETING AND PUBLIC HEARING OF THE LA FORTE
PLANNING AND ZONING COMMLSSION WILL BE HELD MAY 30, 2002, AT 6:00 P1VI. IN
THE COUNCIL CHAMBERS OF THE LA FORTE CITY HALL, 604 W. FAIRMONT
PARKWAY, LA FORTE, TEXAS.
I. CALL TO ORDER:
IL OPEN PUBLIC HEARllVG TO CONSIDER AMENDING ORDINANCE NO. 1501 OF
THE CITY OF LA ~ FORTE, PERTAINING TO MID TO HIGH DENSITY
RESIDENTIAL DEVELOPMENT. THE CITY OF LA FORTE IS. SEEKING THIS
AMENDMENT BASED ON RESOLUTION NO. 020 ADOPTED BY THE CITY
COUNCII..
1. PROPONENTS
2. OPPONENTS
III. CLOSE PUBLIC HEARING.
IV. CONSIDER RECOMMINDATION TO CITY COUNCIL REGARDING AN
AMENDMIIVT TO ORDINANCE NO. 1501, PERTAIl~TING TO MID TO HIGH
DENSITY RESIDENTIAL DEVELOPMENT.
V. STAFF REPORTS
VI. ADJOURN
THIS FACILITY HAS DISABILTIY ACCOMMODATIONS AVAILABLE REQUESTS FOR ACCOMMODATION
OR IN'fERPRETTYE SFltY1CES AT MEE77NGS SHOULD BE MADE 48 HOURS PRIOR TO 7TIE MEE77NG.
PLEASE CONTACT CITY SECRETARY S OFFICE AT (281) 471-5020 OR TDD LINE (281) 471-5030 FOR
FURTHER INFORMATION.
~ •
Zoning Ordinance Amendment
(Mid to High Density Residential Regulations)
Exhibits
• Staff Report
• Multi-Family Inventory (table
w/map)
• Table Showing Current and
Proposed Regulations
• Issues Requiring Clarification
• Current Residential District
Regulations
• Draft Ordinance
• 2500' Radius Map Showing
Multi-Family Developments
• Resolution #2002-20
• •
Staff Report
May 30, 2002
Mid to High Density Residential Regulations
Zoning Ordinance Amendment
Background:
On February 11, 2002, City Council passed Resolution #2002-20 placing a 180-day
moratorium on new construction of mid to high density residential development for the
purpose of reviewing current regulations and possibly adopting new regulations. City
Council directed the Planning and Zoning Commission to assess and make
recommendations to amend the Zoning Ordinance regarding mid to high density
residential development. The Commission's recommendations were to be forwarded to
Council for consideration and adoption prior to July 11, 2002. (This is the date the
moratorium expires unless an extension is considered.)
Staff presented this item to the Commission on February 21, 2002. To accomplish these
goals, a subcommittee of the Commission was created. The members included
Commissioners Dottie Kaminski and Hal Lawler. During March through May, the
Commissioners held five (5) meetings with Staff. (Chairperson Waters attended most of
these meetings.) The following represents the work of the subcommittee.
Analvsis•
To help the subcommittee, Staff compiled an inventory of existing mid to high-
density developments. Please refer to the attached table and map. Following this
inventory of existing multi-family developments is a table comparing several
categories of existing ordinance provisions to the committee's recommended
revisions. The next item lists a few prominent items that staff feel needs further
clarification. After that is a section from ow current Code of Ordinances that
contains the mid and high density requirements.
Upon closing the public hearing, the Commission will need to clearly specify the
changes you wish to recommend to City Council. Yow recommendations will be
prepared in ordinance format and presented to Council at their June l Os' meeting.
Name
Bayou Villa Apts.
3030 S. Broadway
Bayside Oaks Apts.
3003 S. Broadway
Bay Breeze Apts.
3007 Old Hwy. 146
College View Apts.
3333 Luella Blvd.
Fairmont Oaks Apts.
9801 W. Fairmont Pkwy.
Green Oaks Apts.
315 N. 2nd Street
Harbour Bay Apts.
9999 Spencer Hwy.
The Plaza at San Jacinto
3331 Luella Blvd.
Rush Oaks Apts.
3101 S. Broadway
Tammie Jay Apts.
222 E. Fairmont Pkwy.
Village By The Bay
1026 S. 6th Street
Vista Baywood Apts.
777 South R Street
Windsail Bay Apts.
3141 Old Hwy. 146
Windsail Bay Apts.
330 Bayside Drive
Bay Apts.
3105 Carlisle
• •
Multi-Family Developments in La Porte
Year of Construction No. of units
1960s 56
1950s 43
Remodeled
1960s ~ 18
Remodeled
1979 104
1999 188
1950s 86
1982 198
1998 132
1960s 36
1960s 55
1970s 79
1950s 143
1960s 82
Remodeled
1960s 24
1960s 8
Page 1 of 3
•
•
Township Townhomes 23
3001-3116 Falk Court
Pine Bluff Apts. 8
234 Pine Bluff Dr.
Bayport Apts. 16
233 Bayshore Dr.
Crescent View Apts. 4
239 Crescent View
Pelican Bay Townhomes 82
2601 S. Broadway
Garden Walk Townhomes 144
Little Cedar Bayou Dr.
Bayshore Condominiums ~ 62
Bayshore Dr.
Townhomes 3
1902, 1906 & 1906a Roscoe
Apartments 6
207 South A Street
Apartments ~ 2
322 N. 15th Street
Duplex House ~ 2
302 8~ 304 West C Street
Apartments 8 Rooms 10
109 N. 3ni Street
Duplex House 2
603 8 605 Nugent
Iowa Town Apts. 15
121 S. Iowa
Duplex House 2
9624 8~ 9626 Belfast
Duplex Homes 54
3114-3348 Scotch Moss
Page 2 of 3
• •
Townhouses
8294-8332 Oakhaven
Apartments
108 McCarty
Townhomes
3733-3921 Sunrise
Bay Colony Drive Condos
615 bay Colony Dr.
20
25
12
Page 3 of 3
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• •
Issues/Ideas requiring addition clarification
Landscaping, buffering, screening
Determine how these phrases are used. Is landscaping the base (10%) that is required?
Are all other requirements (buffering/open space) added to the base?
Floor area ratio vs. maximum lot coverage
Currently, the zoning ordinance addressed maximum lot coverage and height. However,
floor area ratio is not a consideration of the current ordinance. Introducing a "Floor Area
Ratio" would determine the amount of useable floor area permitted in a building and the
area of the lot on which the building stands.
Examine 2,500' regulation
Examine the impact of imposing the 2,500' distance between each R-2 and R-3 use
andlor zoning districts.
New MF changes may potentially impact other sections of the zoning ordinance
Parking (Section 106 -831) -changing the parking sizes could affect all zoning
districts:
Screening - (Section 106-835(j,k)) -Currently, only parking lots and recreational
centers, and mobile homes are required to screen from residential uses.
Fencing (Section 106-791) -This section will need to be updated for each R-2
and R-3 zoning districts.
Updated or New definitions are needed for the following:
Floor area
Floor azea ratio
Buffer(ing)
Landscaping
Screening
~,
:,` _,
• ~ •
ZONING
~ 106-351
District
Symbol ~ ~ ~ District .
&1 " ~ Low density residential , .
R-2 ~ Mid density residential
R-5 High density residential
...
MH ~ Manufactured housing district
NC Neighborhood commeraal district
. GC - ~ - ~ General commeraal district
CR Commercial recreation district
BI ~ .. Business-industrial park district .
LI Light industrial
HI ~ ~ ~ Heavy industrial .
PUD Planned unit development district
secs. ios-sio-ios-ssa $e~-ed.
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS' .
. - Subdivision I. Generally - .
Sec..106-381. Table A, residential u~eee.
P (ABC) -Permitted uses (subject to designated criteria established in section 106-534).
P -Permitted uses.
A -Accessory uses (subject to requirements of section 106-?41)
C -Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-334 as determined by the planning and
zoning commission). ~ ~ .
* -Not allowed.
Uses (SIC Code #) ~ ~ - ~ ~ Zones
. ~ R-1 R 2 R-3 ~ 11~H
Agricultural production, (011-019 crops) ~ P P ~ P P
Agricultural production, (02? animal ape- C ~ *
cialtiea -breeding or sale) • ~ .
Bed and breakfast as defined by section C C ~ C
106-1 ~ .. - .
Breeding kennels, private stock, limited to A A C
dogs and cats, large lot residential ~ ~ ~ ~ .
*Cross reference-Sale of.beer prohibited in residential areas of the sty, ~ 6-77.
. , -. .
. ... ~ _ ~ . ~.. CD106:45 ~ '
C
• ~ ~. •
$ 106-331 LA PORTS CODE
Uses (SIC Code #) ~~
R-1 ~ R-2 R-3
Domestic liveatoch--Large lot ~ ~ A . ~ ~ A . A
Industrialized housing on. a permanent P P
. ~P
foundation ....
Single-family dwelling, detached P ~ P P
/Single-family dwelling, apeaal lot * P ~ P
/Single-family dwellings, zero lot line (patio * P P
homes, etc.)
': ~ . V1~vo-fanuly dwellings, duplexes (double bun- ~ * P P
galowa)
/lrownhouses * . P ~ P
- Conversion of s~Tfami'ry dwel no . * P ,: ~ P
more than 2 unit multifamily dwellings
. ~~3~ unit multifamily dwellings ~. * ~ P ~ P
. ~ultifaauly (over 4 units)
~ * * P
Modular housing on , a permanent founds- P ~ ~ P P
tioa system as defined ia. section 106-1
Manufactured housing subdivisions re- * C C
st~ricted to H.U.D. certified mobile homes;
min. width 20 feet, min. shingled roof pitch
. ~ 3:12, permanent foundation system; aiding ~ ~ .
similar to surrounding residential
Manufactured housing subdivisions . (re- ~ * C '
stricted to H.U.D. certified mobile homes
oa permanent foundation systems)
Manufactured housing parka
Manufactured housing * *
Group care facilities no closer than 1,000. * * C
. ~ -feet to a similar use (836). ~ ~ ~ •. _ ~ ~ .
.Childcare home in .private home (services P P P
no more than 6) _ .
enters (services more than 6)
Daycare c * ~ . P ~ P
_
(83b)
. - CD106:44
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1}eestanding on-premises identification ~ See article VII of this chapter
sign; townhouses, multifamily develop-
manta, group care facilities, subdivisions, ~ ~ ,.~
education and religious facilities
• Residential PUD (refer to section 106-636) * ~ C C C
Public parka aad playgrounds ~ ~P P P P
Recreational buildings and community can- C ~ P P P
tars (832)
Religious institutions (866) ~. C P(AB) ~ P(AB) P(AB)
Public or private educational institutions ' C ~ P ~ P P
limited to elementary, ~ junior and senior
~
• high (8211) ~ ~ ~
~ .
Junior colleges and technical .institutes ~ * C ~ ~ ~ P *
(8222) ~
. . .
Boardinghomea (7021) * ~ p ~ p
Civic, social and fraternal organizations ~ * : : * C ~.
(as41)
Convalescent homes, sanitarium, nursing ~ * ~
* ~ P ~ *
or convalescent homes (805) ~ . ~ ~ _
~ .
Private garages, carports and off-street ~ ~ A A ~ A A
Parking (associated with residential uses) ~ . ~ ~ .
Storage of recreational vehicles or boats A ~ 'A A A
Storage of equipment in an acxessary build- ' A ~ ~ A ~ A A
ing or behind a screening device
Home occupations A` A A ~ A
Noncommercial greenhouses ~ ~ A A ~ A A
. Noncommercial recreation facilities associ- A ~ ~ ' ~A ~ A A
ated with residence
Zbolhouses, sheds, storage building (non- A ~ A .. A A
commercial associated with residence) ~ _
.
Boarding or renting of rooms (1 person ~ A A ~ A .. A
max.) ~ ~ _ ~ ~ .
Off-street loading (refer to section 106- + * A ~ *
840)
CD106:45 ~ ~~
. • ~ •
~ 106-331 LA PORTE CODE
Uses (SIC Code #) ~ ~ ~~ Zones
R-1 R 2 R-3 MH
Ofd street parldag (refer to $ee article VI A ~ A A ~ A
of this chapter)
Petroleum pipelines (restricted to e~sting P ~•
P_
P
P
pipeline corridors)
Residential density bonus, as provided in ~ C ~ C. C C
section 106-334(8) ~ ~ •
3ecoadary dwelling unite ~ ~ C P ~ P
Sec. 10&332. Interpretation and enforcement.
Property uses, except se provided for by section~106-331, .Table A, are prohibited and
constitute a violation of this chapter.
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$ 106-334 •LA PORTE CODE
Bec. 106-334. Bpecial use perFormance standards; residential.
(a) Landscape bu~era.
(1) • Alandscape buffer planted with grass or evergree~i ground cover and also planted with
trees shall be provided. No buildings or refuse containers shall be placed in such areas.'
(2) Standards:
a. Minimum width of planting strip: Four feet.
b. A planting plan specifying the location and species of trees to be planted ae well
as the type of grass or ground cover to be utilized shall be submitted for approval
by the director or his. duly authorized. representative.
(3) Screening will be required in the following situations:.
a. Parking areas for recreational buildings, community centers, religious, 'and
.private and public educational institutions.
. b. Manufactured housing parks and subdivisions screened from abutting uses.
;,
(4) Required screening will count toward the required percentage of landscaping.
(5) Required landscaping must be maintained by the property owner and/or occupant.
(b) •Z}a~j`ic control. The traffic generated by a use.shall be' charinelized and coatrolled• in a
manner that will avoid congestion on public streets, safety hazards, or excessive traffic
through low. density residential areas. The traffic generated will not raise tr~'ic volumes
beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall
create a minimum of conflict with through traffic movements, and shall be subject to the
approval of the director. The proposed development should be adequately served by a collector
or arterial street without circulating through low. density residential uses or districts in the
following cases: ~ . ~ •
(1) Junior or. senior high school; junior colleges~and technical institutes. .
• (2) Manufactured housing subdivisions. ~ u
(c) Compatibility with surrounding area. The architectural appearance and functional plan
of the building(s) and site shall reflect the building character of the area and shall not be so
dissimilar to the existing buildings or area as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the development. The proposed
development ie to be compatible with the erieting and planned use of the area and conflicts are
not to be created between the proposed use and ezisting and intended future use of the
surrounding area. ~. ~ .
(d) required license obtained All necessary governmental permits and licenses are secured
with evidence of such placed on record with the city.
(e) Compatible alterations and adequate parking. Adequate~parking as required by article
VI of this chapter must be provided on the lot and .not within any required front yard. Any
exterior alterations must be compatible with the existing structure, and the surrounding
neighborhood. ~ •
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CD106:50
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' ZONING
~ 106-334
(f) Manufactured housing criteria (manufactured housing parka only). A preliminary
certified site plan-must be submitted simultaneously with the submissions required in the
mobile home park ordinance of the city sad the city development ordinance, that illustrates
compliance with the following:
(1) Legal description. and size in acres of the proposed manufactured housing park. Such
park shall not be less than five sates. .
(2) .Locations sad size of all manufactured housing sites, dead storage area, recreation
areas, laundry., drying areas, roadways, parking sites, and all setback dimensions
(Parking areas, exact manufactured housing sites, etc.).. .
(3) Preliminary landscaping plans. and specifications.
(4) . Location and width of sidewalks.
(5) Places of sanitary sewer disposal, surface drainage, water systems, electrical service,
and gas service. ~ ~ ~ .
(6) Location and size of all streets abutting the manufactured housing park and all
driveways from such streets to the manufactured housing park.
(7) Preliminary road construction plan.
(8) Preliminary pleas far any and all structures.
" ~~;
,,ti.., (9) Such other information as required or implied by these standards or requested by
public officials. ~ _
(10) Name and address of developer or developers.
~~ (11) Description of the method of disposing of garbage and refuse and location of approved
solid waste receptacles. . . .
(12) Detailed description of maintenance procedures and ground supervision.
(13) Details as to whether all of area will be developed ar a portion at a time.
(14) Density-intensity regulations in compliance with Zhble B, residential.
(15) Compliance with the required number of off-street parking spaces.
(16)-All private streets shall be a minimum of 28 feet wide and constructed in accordance
- with the public improvements criteria manual. The layout of such private streets shall
- be subject to approval by the fre chief, to ensure adequate emergency access.
(17) All manufactured housing shall have a minimum frontage of 20 feet on. public or
private streets.
(g) Density bonus. A ma~mum of tea percent reduction in square feet of site area per unit
far residential developments of 20 units ar more shall be permitted as a conditional use based
upon the following bonus features .and. square foot reduction: ~ .
CD106:51
• •
~ 106-334 ~ ~ .LA PORTS CODE
Square Foot Reduction
Bonus Feature Per Unit
(1) Major outdoor recreational faalities such se swimming '
pools, tennis courts or similar faalities requiring s
substantial investment. ~. 260 square feet -
(2) Designation of. developed open space for semipublic use -
adjacent to designated public greenway corridors equal
. to an additional 100 square feet per unit. ~ ~ ~ 100 square feet
(3) All required developed open apace must be operated and maintained by a homeowners
.. association, subject to the conditions established in sections 106-676 through 106-679,
with all documentation required to be submitted for filing in conjunction with the final
... plat. ~ ~ ~ ~ ~ -
(4) The density bonus shall only be permitted per designated open apace or major outdoor
recreational facilities in excess of the requirements established in aection.12.00 et seq.,
. ~ of the development ordinance number 1444, on file in `the city secretary's office,
including the credit given in section 12.02 for land dedicated by a developer within a
development or subdivision for compensating open space on an acre per acre basis.
(h) Bed and breakfast (as defined in sections 106-1 and 106-744):
(1) Bed and breakfast shall be operated in' accordance with the bed ~aad breakfast and
home occupation requirements of section 106-749.
(2) Additional required parking shall not be provided in any requiresi fiwnt or side yard.
_ (3) Bed and breakfasts shall comply with the boardinghouse requirements of the currently
adopted edition of the Staadard'Housing Code and Life Safety Code (NFPA 101).
(Ord. No. ib01-X, ~ 6, 12-16-96) ~ . ~ .
Cross referenc 'Construction or expansion plans for mobile home parka requirements, ~
98-91. ~ ~ ~ ~ ~ '
Secs. 106-336--106-360. Reserved.
Subdivision Il. R-1 Low Density Residential District
Sea 106-3111. Purpose.
(a) The R-1 low density residential district is the moat restrictive district.
(b) The principal use of land in this district is for low density, single-family detached
.dwellings and .related recreational, religious and educational faalities normally required to
provide the elements of a balanced, orderly, convenient and attractive residential area. The
following regulations shall apply to all R-1 districts. ~ ~~
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. ~ . ~ ~ ZONING ~ ~ § 106-391
~~
- ~ - ~.
• Sec. 106-332. Permitted, accessory, and special conditional uses.
Refer to Table A, residential, section 106-331.
. Sea 106-353. Density/intensity regulations... ~ .
Refer to Table B, residential, .section 106,333. "`
Sec. 106-354. Special regulations and procedures.
Refer to articles 1V, V, VI and VII of this chapter.
secs. los-s55--los-s70. reserved. ~ ~ •
Subdivision III. R 2 MID Density Residential District
Sea 10&371. Purpose:
The R=2 mid density residential district is Yntended to provide for medium density,
single-family attached or detached dwellings and multiple-family dwellings which may have a
relatively intense concentration of dwelling units served by open spaces and other common
areas. The district also provides the religious, recreational and educational uses normally
• • associated with residential areas. The following regulations shall apply in all R-2 districts.
. ,
.~. ~ Sec. 106-372. Permitted, accessory Bad special conditional uses.
Refer to Table A, residentiai, section 106-331.
Sea 106-3?3. DensityPintensity regulations. ~ .
Refer to Table B, residential, section 106-333.
Sec. 106-374. Special regulations and procedures.
• Refer to articles IV, V, VI and VII of this chapter. .
. Secs. 10675-108.880. Reserved.
• Subdivision. IY.. R-3 High Density Residential District •
• Sec. 106-391. Purpose. : ~ ~ ~ •
The R-3 high density residential district is the highest density residential district. Its
prinapal purpose is. to provide a wide variety of dwelling types including single-family
dwellings, multiple-family dwellings, garden apartments; condominiums and townhouses. It
. provides the religious, recreational and educational uses normally associated with residential
areas. The following regulations shall apply in all R-3 districts. • .
- ~ ~ CD106:53
• •
~ 106-392 LA PORTS CODE
Sec: 106-582. Permitted, accessory, and special conditional uses .
Refer ~ to Table A, residential, section 106-331.
Sec. 106-585. Deasitylintensity regulations. 4
Refer to Table B, residential, section 106-333.
Sea 106-594.. Special regulations and procedures.
(a) Refer to articles IV, V, VI and VII of this chapter.
(b) All multifamily developments with residential units more than 200 feet from a public
street must meet the following private street design criteria: ; •
(1) Purpose. The purpose for the'regulation of private streets and the standards eatab-
` fished in this section are:
a. To provide adequate vehicular access to sll buildings and facilities by city police,
fire, aad solid waste department vehicles; and
b. To provide for the safe movement of all vehicles from a private street to the public
street system of the city.. •., ..
(2) Location. All portions of residential buildings must ~ be within a 300-foot length,
measured horizontally as a fire hose would•la`y, .from a public or private street.
(3) Wealth. The width of a private street shall be measured from edge to edge across the
surface of the pavement. The right-of-way width and the pavement width of a private
street are considered coterminous and the terms are used interchangeably. The
~~ ~ ~~~ minirnum acceptable unobstructed width of any private street is 28 feet. If parallel
parlang is proposed along the private street, additional width may be required to
.accommodate such parking.
(4). Dead enais, cul-de-sacs, and T or L-type turnarounds. Dead end private streets •must be
terminated by a circular cul-de-sac having a paving radius of not less than 40 feet or
a T or L-type turnaround designed in conformance with the standards approved by the
. director. . ~ ..
(6) Length of cul-de-sacs or dead end private streets. Dead end private streets must not
.extend further than 300 feet from -the nearest right-of-way line of the intersecting
public or private street measured along the centerline of said private street to the
center of the cul-de-sac or the outer limit of the paving in the T or Irtype configuration.
(6) Construction. All private streets shall be constructed in conformance with the public
.improvements criteria manual.
Secs. 106=598--106.410. Reserved.
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CD106:64
• •
INITIAL DRAFTED ORDINANCE
BASED ON REVIEW OF OTHER CITY'S ORDINANCES
ORDINANCE NO.2002-
AN ORDINANCE AMENDING ORDINANCE NO. 1501 OF THE CITY OF LA
PORTE, TEXAS, ARTICLE 5, S SECTION 5-300, R 2 Nlm DENSITY
RESIDENTIAL DISTRICT, AND SECTION 5-400, R-3 ffiGH DENSITY
RESIDENTIAL DISTRICT, AND ADDING SECTION 5-405, BOND AND
INSURANCE; AND PROVIDING FOR A PENALTY CLAUSE.
WHEREAS, the City Council and the citizens of the City of La Porte are
concerned about the effects of multifamily residential development on City services,
traffic and infrastructure; and
WHEREAS, the City Council recognizes the critical importance of blending
architectural requirements of bulk, height and design of neighborhoods to enhance
neighborhood atmosphere and community values; and
WHEREAS, an undue concentration of multifamily developments results in
overburdened city services, traffic, and infrastructure; and
WHEREAS, continued refinement of development standards ensures
neighborhood compatibility and the highest degree of public safety consistent with
continued development; and
WHEREAS, mandatory installation of safety devices in multifamily
developments contributes to the overall health, safety, and general welfare of the citizens;
and
WHEREAS, continued refinement of development standards serves to prevent the
public costs associated with the decline of the standards of multifamily residential
developments, including abatement of public nuisances and demolition; and
WHEREAS, minimizing incompatible elements between abutting land uses
contributes to a higher quality of life:
NOW THERFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
SECTION A: That the City Council of the City of La Porte, Texas hereby finds and
adopts the preamble to this ordinance.
-1-
• •
SECTION B: That the Code of Ordinances of the City of La Porte, Texas, Article 5,
Residential District Regulations, 5-404, Regulations and procedures, R-3, High Density
Residential Districts is hereby amended to read as follows: (NOTE: WE NEED JOHN
ARMSTRONG'S EXPERTISE TO ENSURE WE CAPTURE EVERYTHING)
SECTION 5-300 Mid Density Residential District -Section 5 of the LaPorte Zoning
Ordinance No. 1501, is hereby amended to read as follows:
5-303 Density/Intensity Regulations -Refer to Table B -Residential
5-304 Special Regulations and Procedures - Refer to Article 10: Special Regulations
SECTION 5-400 -Section 5 of the La Porte Zoning Ordinance No. 1501, is hereby
amended to read as follows:
5-403 Density/Intensity Regulations - Refer to Table B -Residential
5-404 Special Regulations and Procedures - Refer to Article 10: Special Regulations
SECTION 5-700 -Section 5-700, Table B -Residential of the La Porte Zoning
Ordinance No. 1501, is hereby amended to read as follows:
Minimum Yard Setbacks F - R - S
Duplex 25'-20'-20'
Townhouses, Quadraplexes 25'-20'-20'
Multiple-Family 25'-20'-20'
Minimum site area/unit s.f.
Duplex 4 to 5
Townhouses, Quadraplexes 7 to 8
Multiple-Family 14
Landscaping required
Duplex 10%
Townhouses, Quadraplexes 10%
Multiple-Family 10%
Maximum height
Duplex 40'
Townhouses, Quadraplexes 40'
Multiple-Family ~ ~ 40'
-2-
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SECTION 5-701- Section 5-701, Table B Footnotes of the La Porte Zoning Ordinance
No. 1501, is hereby amended to read as follows:
3) Each multifamily residential structure in which the entire projector complex is
larger than fifty (50) units shall be at least 2,500 feet from any other multifamily
residential project or complex of twenty (20) or more units.
SECTION 5-800 -Section 5-800, Special Use Performance Standards -Residential of
the La Porte Zoning Ordinance No. 1501, is hereby amended to read as follows:
A.3.c -Fencing and screening shall be used in combination to create an opaque
(fortress) between MF and SF.
A.3.d -Each multifamily residential structure in which the entire project or complex is
larger than 3 stories in height except those instances where a multifamily residential
development abuts or adjoins a residential property or subdivision in the City, as shown
by a property recorded map or plat, the fence or wall shall be of such constriction as to
be opaque. Seven (7) foot fences shall be constructed in accordance with paragraph
a) and b); eight (8) foot fences shall be constructed only in accordance with
paragraph b. The opaque portions of every fence or wall referred to herein shall be
constn-cted in such a fashion as to be generally acceptable to those skilled in the fence
building trade and may be constructed of the following materials:
a) Wood boards; each measuring not less than one (1) inch thick and four (4)
inches wide, or redwood, cedar, fir, pine, or a wmbination thereof in
alternating sequence.
b) Each multifamily residential development not fully enclosed by the preceding
paragraphs, shall provide a perimeter fence along that side abutting or facing a
public dedicated street. A controlled access gate shall be constructed at a
setback distance sufficient to prevent traffic congestion from any vehicle
being stopped in the. public street.
4) Each multifamily residential development shall be designed so that not less than
thirty-five (35) percent of the total site area shall be reserved for open space. "Open
space" is herein defined as that area not subject to public or.private easements; save
and except transmission pipeline easements. Said open space shall be open,
unobstructed from its lowest level to the sky, and accessible to all resident of the
development and of such character that it can be used for outdoor recreation
activities. Open space may include the ground floor area of any clubhouse or
recreation building accessible to all residents of the development.
-3-
• •
5) On-site drainage detention ponds maybe considered as open space if approved by
Hams County Flood Control District and designed in such manner as to be an asset
to the landscaped areas and meet drainage requirements.
6) Open space areas shall be landscaped with lawn, trees and shrubs or other landscape
materials. A landscape plan shall be submitted for Planning Department review.
a) The Planning Department may decline approval if due regard is not shown
for preservation of natural features such as large trees, which if preserved
will add attractiveness, stability and value to the property.
b) If the multifamily residential development contains any dwelling units with
three (3) bedrooms, a portion of the open space shall be dedicated to
children's playground with appropriate facilities and delineated on the
landscape plan.
7) .Each multifamily residential development shall be so designed that all parking areas
and driveways shall be bounded by wncrete curbs constructed in compliance with
all applicable city specifications and no such parking area or driveway shall be
constructed within ten (10) feet of any building used for residential purposes. This
provision shall not apply to attached garages built into and as part of the
multifamily structure.
8) Each multifamily residential development shall be designed with a maximum floor
area ratio not to exceed 40. In no instance, however, shall any such development
exceed fourteen (14) units per acre or more than two hundred (180) per complex.
DEFINITION
9) "Floor area ratio" is defined as the square foot amount of total floor area (all stories)
for each square foot of land area of the site for the proposed development. For the
purpose of this section, "total floor area" shall be defined as all of that area
encompassed within the outside edges of all exterior walls of all buildings and each
level thereof on the site. Open porches, balconies, carports, and detached garages
are specifically excluded from the calculations of total floor area
PROCEDURES AND REGULATIONS
10) Each multifamily residential structure containing five (5) or more units shall install
a fire suppression sprinkler system in accordance with NFIPA-1 standards. Section
906.0 Fire Sprinkler System, Chapter 9, BOCA National Code11993 Edition
specifically excluding any exceptions as cited.
SECTION 5-405 -Section 5 of the La Porte Zoning Ordinance No. 1501, is hereby
amended by adding Section 5-405 to read as follows:
Section 5-405: Bond and Insurance for Multifamily Residential Development
1) No permit shall be issued for the construction of any multifamily residential
housing complex unless a bond or irrevocable letter of credit in favor of the
-4-
• •
City of La Porte, Texas in the amount of dollars is furnished to
the City of La Porte, Texas as a guaranty of compliance with this chapter to
ensure accountability for upkeep and maintenance, and other applicable law,
including but not limited to, demolition of buildings, and such other remedial
measures as may be necessary to guaranty full and constant compliance with
all applicable laws. Such bond shall be kept in full force and effect by all
subsequent owners of the complex. Failure of the owner or any subsequent to
maintain such bond shall cause the revocation of the certificate of occupancy
for such complex or structure therein.
2) No penmit shall be issued for the construction of any multifamily residential
housing complex over dwelling units unless there is in force
and in effect a comprehensive general liability insurance policy, with the City
of La Porte, Texas named as additional insured, in the amount of
dollars for such complex. Such insurance policy shall remain in effect during
the life of the structure, including all times that it is inhabited. Failure of the
owner or any subsequent owner to maintain such insurance shall cause the
revocation of the certificate of occupancy for such structure.
SECTION 3: That all ordinances in force when this ordinance becomes effective which
are inconsistent with, or in conflict with this ordinance are hereby expressly repealed
insofar as said ordinances are inconsistent with or are in conflict with this ordinance.
SECTION 4: That the City Council of the City of La Porte, Texas, does hereby declare
that if any section, subsection, paragraph, sentence, clause, phrase, work or portion of this
ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the
City Council would have passed and ordained any and all remaining portions of this
ordinance without the inclusion of that portion; or portions which may be so found to be
unconstitutional or invalid, and declares that its intent is to make no portion of this
ordinance dependent upon the validity of any other portion thereof, and that all said
remaining portions shall continue in full force and effect. .
SECTION 5: The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as by the Open Meetings Law, Chapter 551,
Texas Government Code; and .that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION F: 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, Texas at least twice within ten (10) days after passage of this ordinance.
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PASSED AND APPROVED on this day of
City of La Porte, Texas
2002.
Norman L. Malone, Mayor
ATTEST:
Martha Crillett, City Secretary
APPROVED:
Knox Askins, City Attorney
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RESOLUTION.NO. r t~ ~ • ~~
A RESOLUTION OF THE' CITY COUNCIL OF THE CITY .OF CITY OF LA PORTE, .
TEXAS, PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE
ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING AND/OR
DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MID AND HIGH-
DENSITY RESIDENTIAL .ZONING DISTRICTS; PROVIDING THAT SUCH
MORATORIUM SHALL EXPIRE AFTER ONE HUNDRED EIGHTY (180) DAYS OR
DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO .SUCH
DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS
IN THE EVENT OF HARDSHIP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there is undeveloped land in the City of ~La Porte, Texas, the
development of -which may significantly impact ~ City services, such as water, sanitary
~- ~ sewer, traffic, sanitation, and fre and police protection; and
WHEREAS, the construction of Mid and High Density Residential projects have
. raised concerns regarding the.impact of these projects on adjacent properties; and
WHEREAS, the City of La Porte has not conducted a thorough review of its Mid
~~ .and High Density Residential regulations since 1987; and
WHEREAS, the City Council of the City ~of La Porte desires to avoid the adverse
effects such development may have on the public health, safety, and welfare of the
citizens of the City of La Porte; and
WHEREAS, the City Council of the City of La Porte, in order to avoid any adverse
effects, to further the goals of the Comprehensive Plan update, to provide for orderly ~-
future development and growth, desires to establish a period of time in which to complete
a review in regard to Mid and High Density Residential development regulations; and
WHEREAS, continued refinement of development standards ensures
neighborhood compatibility, minimizes incompatible elements between abutting land uses
and contributes to a higher quality of life; and
. WHEREAS, the City's. Comprehensive Plan Update .made the following
recommendations:
Provide an appropriate amount of land for various densities and types of
residential uses and ensure the highest quality living environment.
Seek to ensure that adjacent land uses are developed compatibly and take
measures to mitigate land use~transi#ions with differing intensities.
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Evaluate the appropriateness of design standards that include landscaping,
screening, increased lot sizes and setbacks, and other methods to minimize
negative effects among different land uses.
Determine appropriate residential densities for various areas within the City on
the basis of accessibility, utility availability, topography, proximity to shopping
areas, and other relevant factors.
Update the Zoning Ordinance and Official Zoning Map to reflect identifcation of
various areas of particular.densities. ~ -
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE, TEXAS: .~
SECTION 1. The City Council of the City of La Porte finds and determines that the
premises hereof are true and correct.
SECTION 2. The City Council further finds and determines that it is in the best
interests of the public health, safety and general welfare of the citizens of the City to place
a moratorium. on the acceptance for filing and consideration, and the issuance of building
permits and all other development and zoning permits,. for all properties in the Mid and
High Density Residential Districts in the City fora period of one hundred eighty (180) days
from the date hereof, and such moratorium is hereby imposed. For purposes ~of this
moratorium, the term "Mid Density and/or High Density Residential Districts°, or words of
similar import, shall include, but not be limited to development occurring within Zoning
Districts R-2, R-3, NC, GC, LI, HI, and/or.PUD. ~ ~ -
SECTION 3. That there is hereby established a moratorium on the issuance of
permits for construction of any Mid Density or High Density Residential units within the
..City of La Porte, Texas for a period of up to one-hundred eighty (180) days from the date
of passage of this .Resolution..
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- SECTION 4:: That during... the moratorium period no. new' Mid. Density or' High
Density .Residential building: permits, or.certificates of occupancy shall be issued and no
- letters of availability for utilities, as well as -formal- review oc action ~by'any City board, -
. commission or department shall -be. authorized for any new Mid Density or High Density - -
-Residential location in~the jurisdiction of the City of La Porte as described in Section.2 of.
this Resolution. - - ~ - .. -
. - ~ ~ SECTION 5.This moratorium shall remain in effect. for a period of one-hundred
eighty-(180) days. or~until final action~is taken on any proposed zoning~andlor subdivision
regulation changes affecting-the Mid and High.Density Residential Districts, or until final
- .action is taken regarding amendment of the Comprehensive Zoning. Ordinance and Map, .
. and development regulations by.the-City Council, whichever comes~first.
SECTION 6. Any:property owners subject to this moratorium may•apply to the City . - -
.:Council for an exception. iri the event that a~ hardship results from its application, and the
,;City Council is authorized to grant an exception to ~ the moratorium imposed by this
_ 'Resolution~~only when it fnds~ ttiat~ such. hardship does exist.. -Any exception so granted
;~ .~ shall not be ~a substitute .for :-enforcement of current zoning, ~ development or building
-~ regulations, policies and procedures'of the City of La Porte..
. ~. ~ SECTION 7: This., moratorium shall riot apply to. building. permits within
- _. previously platted,. duly:.recorded--and properly zoned subdivisions approved by .the City
- : of La Porte Planning grid Zoning Commission. -Further, .this moratorium does not apply ~ .
. ~ - ~ ~: ~ to developments for which.-:administratively complete applications for zoning permits,
. '~ building permits, ~ special ~ conditional use permits, or any other development permits
-. ~. have been completed, and fled-with the City of. La Porte, prior to the -passage:of this
• •
resolution. In such- event, the applicant may complete the permit review process and
development approval process under existing City of La Porte regulations, policies, and
procedures in connection with the proposed application.
SECTION 8. The moratorium.on the acceptance for filing and the issuance of
building permits and all other development permits for new construction in the Mid and
High Density Residential Districts for shall expire on July 11, 2002 at 11:59 p.m., Central
Standard Time.
SECTION 8. This Resolution ~ shall take effect immediately. from. and after its
passage, and it is accordingly so resolved.
DULY PASSED by the City Council of the City of La Porte, Texas, on the ~ ~ ~
day of , 2002.
. ~ APPROVED:
an L. Malone, Mayor
ATTEST:
J .
Q~.dY~ .
Martha Gillett, City Secret ry
TO FORM:
~Q, Asst. ii
Atto