Loading...
HomeMy WebLinkAbout09-24-18 Regular Meeting of the La Porte City Council LOUIS RIGBY BILL BENTLEY Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Councilmember District 5 DANNY EARP NANCY OJEDA Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro-Tem Councilmember District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 6, 2018 The City Council of the City of La Porte met in a special meeting on Monday September 6, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Ojeda, Zemanek, J. Martin, Bentley, Kaminski, Engelken, and Earp. Absent: Councilmember K. Martin. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander 2. INVOCATION The invocation was given by Councilmember Jay Martin. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Danny Earp. 4. PUBLIC COMMENTS (Limited to five minutes per person.) No members of the public presented for public comments. 5. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action to provide direction to the City Manager regarding the City of La Porte Fiscal Year 2018-2019 tax rate and Fiscal Year 2018-2019 budget-C. Alexander City Manager Corby Alexander stated that at the last budget discussion, there were a number of items he wanted to follow-up on with Council for direction. He proposed going through each item to get direction from Council. Mr. Alexander stated the first item is regarding raising the tax rate by $.05. There was a concern by staff regarding whether going up five cents would put us above rollback. After doing the calculations, he reported that five cents does not put the City above rollback; so, it is an option that Council could consider without having a rollback election. He stated would like to pursue, there are public hearings that must happen; so, staff needs direction on this tonight so that publication of the hearings can be made according to law. Councilmember Bentley asked about the proposed schedule. Mr. Alexander stated the proposed schedule would be th publication of the public hearings in the 13 edition of the Bay Area Observer, stating there will be a th special meeting on the 20 for the first public hearing and the second public hearing at the regular th meeting on 24. The tax rate adoption cannot be sooner than a week after the second public hearing; so, the tax rate could be adopted at a meeting October 1 thru October 8. October 8 is the first regular Council meeting in October. Councilmember Zemanek spoke and informed Council that it is his idea to increase the tax rate in order to earmark projects for a new fitness center; revamping the Fitness Center for the seniors once there is a new building; a stipend for city employees paid in November 2018; turfing the Pecan Page 1 of 7 September 6, 2018 Council Meeting Minutes Park baseball fields; drainage improvements;and increase funding for summer youth programs. He stated regarding priority of the items, he wants the stipend for employees this year, do the fitness center, the programs for the youth during the summer, the revamping of the current center for the seniors, and the turfing of the baseball fields will have to come after the other projects are completed and paid for. The increase of the tax rate would be earmarking these specific projects. Councilmember Zemanek passed out photos of the Fitness Center showing damages which, in his opinion, prove the need for renovation to it and building of a new Recreation and Fitness Center. He stated the current building is past its usefulness. Mayor Rigby asked how old is the building? Councilmember Zemanek said over 50 years old. was built around 1987-1988. Councilmember J. Martin commented he is not opposed to a new fitness center, but it is hard for him to vote to raise taxes. He asked about other financing options besides raising taxes. City Manager Alexander stated staff has not explored in depth other financing options. It is probably permissible to use Hotel Motel funds to turf the ballfields because that is a permitted use. Councilmember J. Martin stated if we already authorized a 10,000-square-foot expansion of the here is no reason to spend this money if we plan to build a new fitness center. He would like to explore the idea of having a bond election and let the citizens vote it up or down. Councilmember Zemanek stated that it took 11 years from the bond election to opening day of the stand waiting another 11 years. Mayor Rigby asked why the maintenance of this building is not being kept up. Mr. Alexander said he and staff will be discussing this. Councilmember Ojeda commented she is not opposed to a new fitness center but agrees with Councilmember J. Martin that citizens should have an input on a rate increase. Councilmember Earp commented he is opposed to raising taxes. He stated that going through the budget, he believes we will find others ways to fund a new fitness center. Mayor Rigby stated that if it is the decision of the council to build one and figure out how to pay for it later, we still need to maintain all facilities. Councilmember Engelken commented he does not want to see taxes increased and more can be done if we get out of status quo and try to change status quo. He said maintenance for City facilities is pathetic, and he holds City administration accountable for all City facilities. Staff should do a better job on maintenance. City Manager Corby Alexander continued with potential budget decreases. Council agreed to cut Automated Server Monitoring by $35,000 and Consulting Fees by $5,000. Mr. Alexander recommended not to eliminate the Director of Planning position of $137,000. Councilmember Zemanek asked if the Director of Planning will have an engineering background. Mr. Alexander responded there are quite a few attractive resumes coming in but none have an engineering background. Council agreed to keep the position and an engineering background is not required. Council agreed to cut the Liability Insurance Fund by $30,000. Page 2 of 7 September 6, 2018 Council Meeting Minutes Council agreed to cut the Legal/Prosecutor proposed budget of $285,000 by $101,000, leaving $184,000 in funds to pay for the City Attorney and also to hire a prosecutor as a full-time employee, without a paralegal. Council agreed they do want to hire a full time prosecutor. How it will be structured will be discussed in the future, stating City staff may want to consult with the Olson and Olson Law Firm provisions. City Manager Corby Alexander passed out a revision of what was in the packet regarding fees for the golf course. He stated he felt tasked with reducing the deficit in terms of the difference between what the golf course brings in terms of revenue vs. what it costs to operate the golf course. And to attempt to do that he recommended two things: one, to adjust the fees; and two, the City will aggressively market the golf course; and went on to say the City will do that no matter what. As it relates to fees on the handout he passed out at the meeting, if Council makes all the changes shown, revenue would increase $86,000 if our number of rounds holds the same. He asked for direction from Council as to whether they wish to make the fee adjustments all at once or phase them in. Mayor Rigby asked if there is anyone who wants to reduce the current golf course subsidy from the general fund. Councilmember Engelken stated he agrees to reduce the deficit. Councilmember J. Martin commented he does not support this reduction in subsidy and, indeed, believes City spending needs to increase. The golf course generates twice as much revenue as the rest of the Parks Department, including the fitness center and the Wave Pool. He stated they are talking about spending millions for parks amenities and cutting back on spending for the golf course. He stated if the City is going to talk about spending on amenities, the City needs to step up for the golf course and applaud the hard work that goes on out there and raise it to the next level. If we were going to raise taxes, I would add that golf course improvements need to be added. Councilmember Zemanek provided comments about the number of rounds and fees. Alex Osmond stated he and staff discussed it, and they would like to increase cart fees immediately and next year increase the charge for membership green fees since those were just increased last year. Councilmember Earp stated his original thought was a reduction of $200,000 of subsidy for the golf course from the general fund, but he came away with recommending a $70,000 reduction in subsidy so that it keeps everyone whole and moving forward. Councilmember Ojeda made a motion to approve new rates for golf carts and green fees for residents and non-residents and leave memberships at the status quo. Councilmember J. Martin seconded. MOTION FAILED. Ayes: Mayor Rigby, Councilmembers J. Martin and Ojeda Nays: Councilmembers Kaminski, Zemanek, Bentley, Engelken and Earp Absent: Councilmember K. Martin Page 3 of 7 September 6, 2018 Council Meeting Minutes Councilmember Zemanek made a motion to approve the rate fee structure as presented tonight by the City Manager which is the $2.00 cart fee; $2.00 non-resident; $1.00 resident; and the membership increases. Councilmember Earp seconded. MOTION PASSED. Ayes: Councilmembers Earp, Engelken, Bentley, Zemanek and Kaminski Nays: Mayor Rigby, Councilmembers J. Martin and Ojeda Absent: Councilmember K. Martin City Manager Corby Alexander stated that is $86,000. City Manager Corby Alexander recommended not reducing by $186,000 proposed funding of $486,000. The merit program being discussed is only for non-civil service employees. Mr. Alexander pointed out that while budget outlined some reasons he would like Council to consider not reducing this item. One is because reduced merit increases would be given to non-civil service employees, and civil service employees would not be given reduced increases, which could impact morale. He also stated that in the past, would have a negative impact on those two fronts. Mr. Alexander stated that if Council does choose to move forward with a stipend, every non-civil service employee could be given $1,000; and that would cost $300,000. If non-civil service employees received $1,500, that would cost $450,000. Councilmembers Zemanek and Earp stated they are in favor of a $1,000 stipend for non-civil service city employees. Councilmember Earp said if Council was willing to do the $186,000 reduction, we could still give employees a $1,000 stipend, which would be for this budget year only. Council discussed merit increases and the past market study. Councilmember J. Martin provided comments regarding the recent market study. He statedll be getting back in the same boat we just tried to get out of. He also commented he would like to continue with merit increases. Councilmember Zemanek made a motion to give all non-civil service employees a $1,000 stipend payable in the November paycheck in lieu of merit increases. Councilmember Earp seconded. MOTION FAILED. Ayes: Councilmembers Earp, Zemanek and Kaminski Nays: Mayor Rigby, Councilmembers Ojeda, J. Martin, Engelken and Bentley Absent: Councilmember K. Martin Councilmember Engelken made a point to reiterate what merit stands for, which is high performance by employees. Councilmember Bentley commented his vote was not that he does not want to compensate employees but because a one-time stipend does not go as far as a merit increase on a paycheck. Councilmember Earp made a motion to reduce the merit program by $186,000 and to stick to the merit system, and allocate $300,000 for raises instead of $486,000, with no change in the 0-5 percent increase structure. Councilmember Ojeda seconded. MOTION PASSED. Page 4 of 7 September 6, 2018 Council Meeting Minutes Ayes: Councilmembers Ojeda, Kaminski, Zemanek, Earp and Engelken Nays: Mayor Rigby, Bentley and J. Martin Absent: Councilmember K. Martin Councilmember J. Martin asked if merit raises are separate from cost of living raises. City Manager Corby Alexander responded there is no cost of living adjustment included in the budget, and the only increase for non-civil service employees is what Council allocates tonight. City Manager Corby Alexander recommended going with a formulary change and cutting $250,000, and Council agreed to the cut. Regarding stop loss coverage, Council agreed to leave the $480,000 in the budget, wait for the bids for coverage of premiums, and also check to be sure it is legal to discontinue Stop Loss coverage. Council recessed for a break at 7:36 p.m. and returned at 7:47 p.m. Councilmember Kaminski returned to the table at 7:48 p.m. City Manager Corby Alexander recommended to remove the Drainage Interconnect project for $250,000 due to the developer taking on the expense of the project. Council agreed to remove the project. City Manager Corby Alexander recommended removing a portion of the funding of the Spencer Masonry Fence project for the south side in an amount of $380,400. Councilmember Ojeda informed she is not in favor of removing the project because the south side looks the worst. Councilmember Earp made a motion to remove $380,400.00 from the project budget and proceed with the north side fence and sidewalk, and reserve the south side for a later date. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Earp, Kaminski, Zemanek, J. Martin, Earp and Engelken Nays: Councilmember Ojeda Absent: Councilmember K. Martin City Manager Corby Alexander recommended not reducing Motor Pool Lease Fees of $236,000.00, and Council agreed. City Manager recommended no Public Works Reduction of Force of $974,000. Councilmember Earp withdrew his request, and Council agreed to no Public Works Reduction of Force. City Manager Corby Alexander recommended not reduce Fleet Maintenance by $159,000. Councilmember Earp withdrew his request and Council agreed to leave it in there. City Manager Corby Alexander recommended to reduce contingency to $250,000 instead of $350,000. Council agreed. City Manager advised a new position request of $102,000.00 was miscoded on the large spreadsheet of the budget, and there is not a request for a new position. City Manager Corby Alexander recommended continuing efforts to recruit a Tax Collector for $100,000. Councilmember Zemanek asked if Staff is pleased with the work performed by Goose Page 5 of 7 September 6, 2018 Council Meeting Minutes Creek Consolidated School District. Mr. Alexander responded yes. Council agreed to remove the position from the budget. City Manager Corby Alexander informed Council that there has been an increase of $600,000 over the past three years for Electric Franchise Fees. No further franchise fee increases are anticipated. City Manager Corby Alexander recommended eliminating funding of $430,000.00 for Phase 1 of a Private Fiber Network. Council agreed. (b) Discussion and possible action to propose a Fiscal Year 2018-2019 tax rate for the City of La Porte and establish public hearing dates (if applicable) as required by State law - J. Weeks Assistant City Manager Jason Weeks presented a summary. Councilmember Earp commented after reviewing the proposed budget with Staff, he is not asking for a reduction in the tax rate. Councilmember J. Martin made a motion to keep the tax rate at $0.71 per $100 of property valuation, and incorporate the budget changes discussed tonight. Councilmember Bentley seconded. Councilmember Zemanek commented there is a savings of $1.95 million in the budget and asked if Council is willing to earmark some of the savings to move forward with a project of a new fitness center. Councilmember Earp commented he is in favor and was going to originally propose to earmark $2 million to start the funding, but to keep the budget fairly flat and not impact it as far as the total dollars of where we are at, we would have to reduce it to start with to about $1.5 million, which would get us to where we are, kind of budget neutral, from what we cut vs. to be able to start our funding for the rec center. Councilmember Ojeda commented she is hesitant to earmark funding when the cost is not known. Assistant City Manager Jason Weeks informed Council they can come back with an item to move the funding into a reserve account. Council agreed to earmark funding for a new fitness center. Councilmember J. Martin amended his motion to consider a tax rate at $0.71 per $100 valuation and earmark any savings established tonight to fund a new fitness center and other amenities. Councilmember Bentley seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Earp, Ojeda, Kaminski, Zemanek, J. Martin, Earp and Engelken Nays: None Absent: Councilmember K. Martin 6. ADMINISTRATIVE REPORTS There were no additional comments. 7. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers Earp, Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Bentley, Engelken, and Mayor Rigby Councilmember Earp thanked Staff for their work during the budget process and answering his questions and commented he is not pleased with a campaign by the Economic Development Page 6 of 7 September 6, 2018 Council Meeting Minutes Coordinator to Bring Beer Back to the Baybecause it sends a negative message from the Cityand informed he is not against any brewery; Councilmember Ojeda concurred with Councilmember Earp comments regarding the campaign by the Economic Development Coordinator and thanked department directors for working with Council during the budget process; Councilmember J. Martin commented the budget discussions were good and thanked Councilmember Earp for bringing the issues to City Council for consideration and commented it is a good idea to get started on the north side fence and then later work on the south side; Councilmember Kaminski thanked Staff for their hard work during the budget process; Councilmember Zemanek recognized Councilmember Kristin Martin on the birth of her son; and wished a speedy recovery; and thanked everyone for attending the meeting; Councilmember Bentley thanked Staff for their work during the budget process and commented the City needs to get employee salaries to market compensation; Councilmember Engelken thanked Staff for their work during the budget process; and Mayor Rigby commented he appreciates all of the departments along with the City Manager Corby Alexander. 8. ADJOURN There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:31 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on September 24, 2018. ________________________________ Mayor Louis R. Rigby Page 7 of 7 September 6, 2018 Council Meeting Minutes LOUIS RIGBY BILL BENTLEY Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Councilmember District 5 DANNY EARP NANCY OJEDA Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro-Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 10, 2018 The City Council of the City of La Porte met in a regular meeting on Monday, September 10, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Ojeda, Zemanek, J. Martin, K. Martin, Bentley, and Engelken. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Jason Weeks and Assistant City Attorney Clark Askins. Councilmembers Earp and Kaminski were absent. 2. INVOCATION The invocation was given by Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Nancy Ojeda. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Jo Ann Pitzer, 10011 Carlow Ln., addressed Council requesting the project for the south side fence on Spencer not be removed from the budget. 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding minutes of the meeting held on August 27, 2018 P. Fogarty (b) Consider approval or other action authorizing the City Manager to execute a subordination agreement with lender for Ybarra Restaurants, Inc., in connection with El Toro Restaurant 380 Agreement project c. Alexander (c) Consider approval or other action awarding Bid #18021 for Automotive Parts C. Daeumer (d) Consider approval or other action awarding Bid #18023 for Bayshore Park Waterline Relocation project D. Pennell Councilmember Engelken made a motion to approve all Consent Agenda items pursuant to staff recommendations. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 7/0. Councilmembers Kaminski and Earp were absent. 6. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding the purchase of golf carts utilizing BuyBoard Contract 529-17 A. Osmond Page 1 of 4 September 10, 2018 Council Meeting Minutes Golf Course Manager Alex Osmond presented a summary. Councilmember Zemanek made a motion to purchase Yamaha golf carts with a 4-year payout. Councilmember Ojeda seconded. MOTION PASSED UNAINMOUSLY 7/0. Councilmembers Kaminski and Earp were absent. (b) Discussion and possible action authorizing the Mayor to execute an Interlocal Agreement for a five-year period beginning October 1, 2018 C. Alexander City Manager Corby Alexander presented a summary. Councilmember J. Martin made a motion to authorize the Mayor to execute an Interlocal Agreement with the for a 5-year period beginning October 1, 2018, for $43,500 base, with a cost of $72.50 for each case over 600 cases per year. Mayor Rigby seconded. MOTION PASSED 6/1. Councilmembers Kaminski and Earp were absent. Ayes: Mayor Rigby, Councilmembers J. Martin, K. Martin, Bentley, Engelken and Ojeda Nays: Councilmember Zemanek Absent: Councilmembers Earp and Kaminski 7. PUBLIC HEARING AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding the City of La Porte Fiscal Year 2018-2019 Proposed Budget M. Dolby The public hearing opened at 6: 28 p.m. Finance Director Michael Dolby presented a summary and changes from the proposed budget. Mayor Rigby commented he would prefer adding $186,000 back in the budget to have enough to pay for merit increases for non-civil service employees. Councilmember J. Martin commented he would propose a one-time payment of $1,000 to non-civil service employees. Steve Gillett, 2601 S. Broadway, addressed Council and commented he has been a part of the budget process in the past and has attended the recent budget meetings. Mr. Gillett applauded City Council for keeping the tax rate and expressed concerns with building a new fitness center and suggested the existing building be repaired. Mr. Gillett also commented that employees should be rewarded with merit increases and not a one-time payment. Wyatt Smith, 10905 Spruce Dr. North, thanked Council for appropriating funds for flooding and drainage and requested turf fields at Pecan Park and requested the cost for Texas Intercity Football, Inc. (TIFI) team playoffs to be held at the La Porte High School Stadium be added to the budget. Mr. Smith also commented he is in favor of a new fitness center. There being no further public comments, the public hearing closed at 6:57 p.m. (b) Consider approval or other action regarding an Ordinance approving and adopting the City of La 2018-2019 Proposed Budget M. Dolby Finance Director Michael Dolby presented a summary. Page 2 of 4 September 10, 2018 Council Meeting Minutes Councilmember Engelken made a motion to adopt -2019 Proposed Budget as presented. Councilmember Bentleyseconded. MOTION PASSED 4/3. Councilmembers Kaminski and Earp were absent. Ayes: Mayor Rigby, Bentley, Engelken and Zemanek Nays: Councilmember Ojeda J. Martin and K. Martin Absent: Councilmembers Earp and Kaminski Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3719 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF OCOTBER 1, 2018 THROUGH SEPTEMBER 30, 2019; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN REPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. AUTHORIZATIONS (a) Consider approval or other action regarding appointment of members to various City boards, committees, and commissions P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Ojeda nominated Johnny Morales to replace Doyle Black on the La Porte Development Corporation Board and Charles Crittenden to fill the vacant position Alternate 2 on the Zoning Board of Adjustment. Councilmember Zemanek commented alternate positions on the Zoning Board of Adjustment are required to attend meetings but are not allowed to vote; and he would like all members to have the ability to vote on matters. Mayor Rigby requested Assistant City Attorney Clark Askins check into the matter. Councilmember Ojeda made a motion to approve all appointments presented by City Secretary Patrice Fogarty and to appoint Johnny Morales to the La Porte Development Corporation Board in place of Doyle Black and Charles Crittenden to the Alternate 2 position on the Zoning Board of Adjustment, which moves Phillip Hoot up to the Alternate 1 position. Councilmember Bentley seconded. MOTION PASSED UNAINMOUSLY 7/0. Councilmembers Kaminski and Earp were absent. Ayes: Mayor Rigby, Bentley, Ojeda, J. Martin, K. Martin, Engelken and Zemanek Nays: None Absent: Councilmembers Earp and Kaminski 9. REPORTS (a) Receive report of the Drainage and Flooding Committee Meeting Councilmember Jay Martin Councilmember Jay Martin provided an update of the Drainage and Flooding Committee Meeting held prior to the City Council Meeting. 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander reminded City Council of the First Responders Breakfast tomorrow morning at 7:30 a.m. at Sylvan Beach Pavilion hosted by the La Porte Chamber of Commerce. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Bentley Engelken, Earp and Mayor Rigby Page 3 of 4 September 10, 2018 Council Meeting Minutes Councilmember Ojeda apologized to Parks and Recreation Director Rosalyn Epting for comments made and directed to her regarding the maintenance of the fitness center during the September 6, 2018, Special City Council Meeting; Councilmember K. Martin expressed prayers for Councilmember Kaminski who has been hospitalized; Councilmember Zemanek expressed prayers event at the Pasadena Convention Center; Councilmember Bentley thanked Staff for their intense work on the budget; thanked the citizens for their comments tonight; thanked the La Porte Fire Department for the program of inspecting citizens homes and installing fire detectors; Councilmember Engelken commented preparing for the budget is a long process and encouraged employees that have new ideas and/or suggestions that will benefit the City to report them to their supervisors; advised the funds that have not be utilized for the beautification program on the utility bills be changed over to benefit the La Porte Animal Shelter and thanked everyone for attending the meeting; and Mayor Rigby congratulated the Purchasing Department for receiving the Achievement of Excellence in Procurement Award. 12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 7:16 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 7/0. Councilmembers K. Martin and Earp were absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on September 24, 2018. ________________________________ Mayor Louis R. Rigby Page 4 of 4 September 10, 2018 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested September 24, 2018 P. Fogarty Source of Funds: Requested By Account Number: City Secretary Department: Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION City Council has traditionally held one meeting per month during the months of November and December. Staff the following changes to the regular meeting schedule to accommodate the upcoming holidays: Conduct regular meeting on November 12, 2018 Cancel the November 26, 2018, meeting due to the Thanksgiving holidays Conduct regular meeting on December 10, 2018 Cancel the December 24, 2018, meeting due to the Christmas holidays Should a need arise to conduct official business, a special called meeting would be scheduled. Action Required by Council: Consider approval or other action of amended meeting dates as follows: Cancel the November 26, 2018, meeting due to the Thanksgiving holidays Cancel the December 24, 2018, meeting due to the Christmas holidays Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: September 24, 2018 Source of Funds: Requested By: Ron Parker, Interim Police Chief Account Number: Department: Police Amount Budgeted: Report: Resolution: Ordinance: X Amount Requested: Exhibits: School Zone Ordinance - Redline Budgeted Item: YES NO Exhibits: School Zone Ordinance - Final SUMMARY & RECOMMENDATION Staff is requesting an amendment to Chapter 70, -97 School zadjusting the posted school zone speed limit on the various streets by all La Porte School District campuses. The school district made changes to the start and end times of school district wide with secondary school doors opening at th 6:45 a.m. and dismissing at 2:50 pm, and Elementary and Baker 6 grade campus opening at 7:15 a.m. and dismissing at 3:45 p.m. this current school year and due to these changes, it is necessary for our posted school zones to be adjusted for the safety of the students. Additionally, due to the construction on La Porte High School, a need to change the Ordinance to reflect the area of the school zone needs to be extended from a point of 20 feet south of East B Street to a point of 500 feet south of East G Street, a distance of 2,630 feet, 0.498 miles to the intersection of San Jacinto and Park Street a distance of 3,630 feet, 0.6875 miles. Action Required by Council: Consider the approval of an ordinance amending Chapter 70, Section 70-97 of the Code of Ordinances. Approved for City Council Agenda Corby Alexander, City Manager Date ORDINANCE NO. _________________ AN ORDINANCE AFFIC AND VEHICLES ORDINANCES BY REVISING CERTAIN REGULATIONS RELATED TO ESTABLISHMENT OF SCHOOL ZONES WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 70Traffic and VehiclesIOperation of Vehicles Section 70-97 School zonesis hereby amended to read as follows: Sec. 70-97. - School zones. (a) No person shall drive a vehicle on any portion of a public street or highway designated as a school zone at a speed greater than is reasonable and prudent under the circumstances then existing. Notwithstanding any other provisions of this division, the prima facie reasonable and prudent maximum speed applicable to the operator of a motor vehicle in any of the school zones designated below shall be a speed of twenty (20) miles per hour or thirty (30) miles per hour, as established in accordance with this section: (a-1) Twenty (20) miles per hour school zones: (1) Along Park Street from San Jacinto to Fairmont Parkway, a distance of 700 feet, 0.133 miles. (2) Along Fairmont Parkway from Park Street to South Broadway, a distance of 1,800 feet, 0.34 miles. (3) Along Texas Avenue from Fairmont Parkway to East G Street, a distance of 1,400 feet, 0.27 miles. (4) Along East G Street from South Broadway to San Jacinto, a distance of 1,500 feet, 0.28 miles. (5) Along South Broadway from a point 250 feet south of East G Street to a point 75 feet south of East B Street, a distance of 2,525 feet, 0.48 miles. (6) Along San Jacinto from a point 20 feet south of East B Street to a point 500 feet south of East G Street, a distance of 2,630 feet, 0.498 miles. the intersection of San Jacinto and Park Street, a distance of 3,630 feet, 0.6875 miles. (7) Along East C Street from San Jacinto to South Broadway, a distance of 650 feet, 0.123 miles. (8) Along West Tyler from North 2nd Street to North 3rd Street, a distance of 330 feet, 0.06 miles. (9) Along North 2nd Street from West Madison to West Adams, a distance of 950 feet, 0.18 miles. (10) Along North 3rd Street from West Madison to West Adams, a distance of 950 feet, 0.18 miles. (11) Along North L Street from a point 50 feet west of Alvy Drive to a point 175 feet west of Lomax School Road, a distance of 2,400 feet, 0.454 miles. (12) Along Willmont from a point 100 feet north of Fairmont Parkway to a point 100 feet south of Shell Rock, a distance of 1,200 feet, 0.227 miles. (13) Along Clairmont from Roseway to Rosemont, a distance of 600 feet, 0.114 miles. (14) Along Rosemont from Clairmont to Parkway, a distance of 600 feet, 0.114 miles. (15) Along Parkway from Willmont to Rosemont, a distance of 250 feet, 0.047 miles. (16) Along Roseway from Clairmont to Roseberry, a distance of 500 feet, 0.095 miles. (17) Along Cedarmont from a point 50 feet north of Stonemont to Myrtle Creek, a distance of 1,150 feet, 0.218 miles. (18) Along Myrtle Creek from Antrim to West Main, a distance of 600 feet, 0.114 miles. (19) Along Carlow from a point 200 feet east of Catlett to Cedarmont, a distance of 500 feet, 0.095 miles. (20) Along West Main from a point 200 feet east of Underwood Road to a point 200 feet east of Myrtle Creek, a distance of 1,150 feet, 0.218 miles. (21) Along Underwood Road from a point 30 feet north of Andricks to a point 100 feet south of Carlow, a distance of 1,480 feet, 0.280 miles. (22) Along Farrington Boulevard from West Main to a point 850 feet south of West Main, a distance of 850 feet, 0.161 miles. (23) Along North L Street, from a point 175 feet west of Mockingbird Lane, to a point 65 feet east of Meadowlark Lane, a distance of 1,450 feet, 0.27 miles. (24) Along Myrtle Creek from West Main Street, (also known as Spencer Highway) to Sugar Creek, a distance of 1,469 feet, 0.278 miles. (25) Along Mockingbird Lane from North H Street to North L Street, a distance of 1,800 feet, 0.341 miles. (26) Along Meadowlark Lane from North H Street to North L Street, a distance of 1,800 feet, 0.341 miles. (27) Along South First Street from West H Street to West I Street, a distance of 505 feet, 0.096 miles. 2 (28) Along McCabe Road from the east line of the right-of-way for State Highway 146 to the Harris County Flood Control District drainage easement, a distance of approximately 1,328 feet, 0.25 miles. (29) Along East D Street, from San Jacinto Street to Arizona Street, a distance of 337 feet, 0.064 miles. (30) Along Arizona Street, from East D Street to East C Street, a distance of 407 feet, 0.077 miles. (a-2) Thirty (30) miles per hour school zones: (1) Along West Main from a point 530 feet east of Farrington Boulevard to a point 280 feet west of Farrington Boulevard, a distance of 810 feet, 0.153 miles. (b) The twenty (20) miles per hour and thirty (30) miles per speed limits established in this section shall be in effect on days when 1) school classes are in session and 2) when appropriate signage giving notice thereof is erected at the entrance point of the school zone. Such signage shall state that the maximum speed limit is twenty (20) miles per hour or thirty (30) miles per and indicate the times during which the school zone is in effect or operation, or alternatively, shall state that the maximum speed limit is twenty (20) miles per hour or thirty (30) miles per when lights are flashing and shall be accompanied by a flashing beacon or light during the times the school zone is in effect or operation. (c) School zone hours for the school zones listed in this section are hereby established as follows: between 7:00 a.m. and 9:00 a.m. 6:30 a.m. and 8:30 a.m., and between 2:00 p.m. and 4:00 p.m. 2:30 p.m. and 4:30 p.m., Monday through Friday, on days in which school classes are in session; except for 1) those school zones described in subsections (a-1)(1), (a-1)(2), (a- 1)(3), (a-1)(4), (a-1)(5), (a-1)(6), (a-1)(7), (a-1) (29), and (a-1) (30) of this section, which shall have school zone hours in effect between 6:45 a.m. and 8:45 a.m., and between 2:30 p.m. and 4:30 p.m.; 2) those school zones described in subsections, (a-1)(17), (a-1)(18), (a-1)(19), (a-1)(20), (a-1)(21), and (a-1)(23) of this section, which shall have school zone hours in effect between 7:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 5:00 p.m.; and 3) subsection the school zone listed in subsection (a-1)(27) of this section, which shall have school zone hours in effect between 7:00 a.m. and 4:00 p.m. All schools open all year shall be additionally signed "all year." (d) School zone signs equipped with flashing beacons or lights in lieu of posted school zone hours, may be activated anytime school classes are in session, including but not limited to use for summer school hours and for use during early dismissals or other special school functions. A school zone activated in this manner is enforceable under the terms of this ordinance notwithstanding the fact that it is outside of the school zone hours established in the preceding paragraph. (e) It shall be an affirmative defense to a charge of exceeding the speed limit in a school zone as established in this section, if on the day in question there were no school classes in session at the specific designated school zone. Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 3. 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. 3 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. 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 is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. 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 6. 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 ________________, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 4 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: September 24, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __ __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Deed Budgeted Item: N/A Appraisal Summary Area Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION The City has received and processed an application from Mr. Hachim Farhat to vacate, abandon and close a portion th of the W. Madison St. ROW, adjacent to the property located on N. 16 St. and N. E St., legally described as Lots 1-32, Block 644, Tracts B, C & D (Abandoned ROW) and Lots 1-32, Block 643 Tract A (Abandoned ROW). Total area of the requested closure equals 23,680 square feet. The applicant is seeking to purchase the ROW in order to expand his current auto salvage business in the Light Industrial (LI) zoning district. application has determined no City or franchised utilities exist within the closing area. Letters of no objection to the proposed ROW closure have been received by all three franchised utility companies (Comcast, AT&T, and Centerpoint). In accordance with Sections 62-subject alley has been obtained by the City in order to establish fair market value. The appraisal report has established a value of $2.00 per square foot for the subject right-of-way. Closing fees in the amount of $47,360 (23,680 sq. ft. x $2.00) have been paid by the applicant and placed in escrow pending final consideration and action by Council. Action Required by Council: Consider approval of an ordinance or other action vacating, abandoning, and closing a portion of the W. Madison St. ROW, adjacent to Lots 1-32, Block 644, Tracts B, C & D (Abandoned ROW) and Lots 1-32, Block 643 Tract A (Abandoned ROW), Town of La Porte, and authorize the City Manager to execute a deed to the applicant for the subject ROW. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. 2018-________________ AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE WEST MADISON STREET RIGHT-OF-WAY LOCATED IN BLOCKS 643 AND 654 OF THE TOWN OF LA PORTE AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of the property abutting the hereinafter described portion of the West Madison Street right-of- way located within Blocks 643 and 654 of the Town of La Porte, to vacate, abandon and close said portion of the West Madison Street right-of-way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the West Madison Street right- of-way located within Blocks 643 and 654 of the Town of La Porte is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the West Madison Street right-of-way located within Blocks 643 and 654 of the Town of La Porte is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the West Madison Street right-of-way located within Blocks 643 and 654 of the Town of La Porte should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the hereinafter described portion of the West Madison Street right-of-way located within Blocks 643 and 654 of the Town of La Porte is hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being generally illustrated on ncorporated herein, and further described to wit: Being a tract of land containing 0.5436 acres (23,680 square feet), situated in the J. Hunter Survey, Abstract 35, Harris County, Texas, being out of LaPorte Subdivision recorded in Volume 58, Page 460 of the Map Records of Harris County, Texas, being all of a tract of land conveyed unto TM Express Inc. by deed recorded under County Clerk's File No. RP- 2 2017-294630 of the Official Public Records of Harris County, Texas. Said 0.5436-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch iron rod with cap marked "EBI Partners" for the southwest corner of Block 643 and the northwest corner of the said tract herein described; THENCE North 86°57'05" East, a distance of 296.00 feet to a set 1/2-inch iron rod with cap marked "SURVEY 1" for the northwest corner of the said tract herein described; , a distance of 80.00 feet to a set 1/2-inch iron rod with cap marked "SURVEY 1" for the southeast corner of the said tract herein described; West, a distance of 296.00 feet to a found 5/8-ineh iron rod with cap (illegible) for the northwest corner of Block 654 of said LaPorte Subdivision, and for the southwest comer of the said tract herein described; THENCE Na distance of 80.00 feet to the POINT OF BEGINNING and containing 0.5436 acres (23,680 square feet), more or less. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon this street segment, plus compensation for the market value of the abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. 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 required by the Open Meetings Law, Chapter 551, Texas Government 3 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 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8: If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS _______ DAY OF SEPTEMBER 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: September ____, 2018 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: VANEZIA PROPERTIES, L.L.C., a Texas Limited Liability Company Mailing Address: 4402 W. Sam Houston Pkwy. N, Houston, TX. 77041 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being a tract of land containing 0.5436 acres (23,680 square feet), situated in the J. Hunter Survey, Abstract 35, Harris County, Texas, being out of LaPorte Subdivision recorded in Volume 58, Page 460 of the Map Records of Harris County, Texas, being all of a tract of land conveyed unto TM Express Inc. by deed recorded under County Clerk's File No. RP- 2017-294630 of the Official Public Records of Harris County, Texas. Said 0.5436-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch iron rod with cap marked "EBI Partners" for the southwest corner of Block 643 and the northwest corner of the said tract herein described; THENCE North 86°57'05" East, a distance of 296.00 feet to a set 1/2-inch iron rod with cap marked "SURVEY 1" for the northwest corner of the said tract herein described; -inch iron rod with cap marked "SURVEY 1" for the southeast corner of the said tract herein described; -ineh iron rod with cap (illegible) for the northwest corner of Block 654 of said LaPorte Subdivision, and for the southwest comer of the said tract herein described; and containing 0.5436 acres (23,680 square feet), more or less, which tract was vacated, abandoned and closed by City of La Porte Ordinance No. 2018-_______ passed and approved by the City Council of the City of La Porte on the ______ day of September, 2018. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: City of La Porte, Texas __________________________________ By:_______________________________ Patrice Fogarty Corby D. Alexander City Secretary City Manager Approved: ____________________________ Clark T. Askins Assistant City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on _____ day of September, 2018, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 ROW CLOSURE SAC 18-25000002 W. Madison @ N. 18th St. Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 114 feet SEPTEMBER 2018 PLANNING DEPARTMENT R.C. Chuoke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 Office- 281-338-9633 League City, Texas 77574 Fax- 281-338-9533 August 24, 2018 City of La Porte P.O. Box 1115 La Porte, Texas 77572 RE: Restricted Appraisal regarding the estimated Market Value of a +- 23,680 square foot tract of land located on North 18th Street, Town of La Porte, Harris County, Texas. Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the Market Value following described property as of the date of this Restricted Appraisal. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as approximately 23,680 square feet tract of land out of the J. Hunter Survey, Abstract 35, Harris County, Texas. (See addenda for survey & metes/ bounds as provided). I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject to the preparation of a detailed appraisal report. .....Page 2 Continued...... Sales of generally similar properties in the subject neighborhood were researched that had locations that range from primary to secondary type roadways. The subject's market area generally has access public utilities. The subject site is a rectangular shaped tract land. The subject's site size is reported at 23,680 square feet (80' X 296') per the metes and bounds description as provided. The subject site may be in or near the 100 year flood plain and is subject to determination by an elevation certificate. The Highest and Best Use of the subject property is determined to be for use by adjacent property owners however its configuration would appear to allow development for light industrial use. Adjacent and nearby property uses are primarily light industrial in nature. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above for use in establishing a market value for the subject property by the client and intended user only. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal and inspection is August 1, 2018. The date of the report is August 24, 2018. The estimated exposure time is up to 24 months. A unit value range of between $1.00 PSF to over $3.00 PSF was noted from the comparable lot sales before any adjustments were made. All of the comparable lot sales were unimproved or effectively unimproved lots with existing road frontage and access on paved public streets which were generally superior to the subject tract. After adjustments, it is my opinion the estimated unit value range for the subject property would be between $1.75 PSF to $2.50 PSF with an estimated mid-range value of $2.00 PSF before any additional discounting by the City. Therefore the unit market value of the subject tract is estimated at $2.00 PSF which is based on 100% fee simple ownership with no discounting applied. Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES , INC. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: September 24, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Existing Land Use Map Proposed Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION by Michael Anderson of Business Venture Group, applicant, on behalf of Texas Cargoways, LLC owner, who is seeking approval of a Zone Change from the Mid Density Residential (R-2) zoning district to the General Commercial (GC) zoning district. The proposed zone change would allow for the development of a used car dealership on the site. The property in question is located at the 3400 Block of Canada Rd. on the east side, and is legally described as Reserve A, Block 1 Dawson Subdivision. Mid-High Density Residential order to accommodate the proposed zone change, the FLUP would need to be amended to show the property Commercial. The Planning and Zoning Commission, at their August 16, 2018 regular meeting, voted 6-0 to recommend denial of the proposed Future Land Use Amendment. There were 8 concerned residents that spoke in opposition of the proposed zone change. Most hand concerns regarding increased traffic and proximity to residential homes and Pecan Park. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to deny an Ordinance 6.92 acre tract of land known as Reserve A, Block 1 Dawson Subdivision, located at the 3400 Block of Canada Rd. on the east side, and as depicted in the attached exhibit. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _ AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS, the City of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council of the City of La Porte, Texas in 1986, and which Plan has been the subject of multiple amendments since its adoption; WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on August 16, 2018, the La Porte Planning and Zoning Commission reviewed the Future Land Use Map component of the Comprehensive Plan for the purpose of considering proposed amendments thereto, to change the designation for that 6.92 acre tract of land located in the 3400 Block of Canada Rd., and legally described as follows: Reserve A, Block 1, Dawson Subdivision, City of La Porte, Harris County, Texas, from its present designation of Mid-High Density Residential, to Commercial", and at the conclusion of such review the La Porte Planning and Zoning Commission voted to recommend against the adoption of said proposed amendments to the Future Land Use Plan component of the Comprehensive Plan, to the La Porte City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City of La Porte, Texas, which is incorporated to this ordinance by reference herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and adopted by the City Council of the City of La Porte, Texas, after duly noticed public hearing held at its September 24, 2018 meeting, and receipt of the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall be required to make this amendment to the Comprehensive Plan available to the public and duly mark and note the updated reference on the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject to this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. 3 The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4 This Ordinance shall be in effect from and after its passage and approval. th Passed and approved this the 24 day of SEPTEMBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: By: Patrice Fogarty, City Secretary APPROVED: By: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 August 17, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Request #18-92000008 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on August 16, 2018 for a request Plan for a 6.92 acre tract of land located at the 3400 Block of Canada Rd. on the east side, and is legally described as Reserve A, Block 1 Dawson Subdivision. The request was for approval of a change of the future Mid-High Density ResidentialCommercial The Commission voted 6-0 to recommend denial of the proposed Future Land Use Map. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov CHATTANOOGA FLUP MAP PI DEFIAN CE CARLOW LDR Zone Change 18-92000008 EAGLE RUN 3400 Block Canada Rd. Legend Subject Parcel PO This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground BARTON survey and represents only the approximate relative location of MHDR property boundaries DESIRABLE 1 inch = 279 feet AUGUST 2018 PLANNING DEPARTMENT PI PROPOSED DEFIANC E CARLOW FLUP MAP LDR SCUP 18-91000008 EAGLE RUN 3400 Block Canada Rd. Legend Subject Parcel COM PO This product is for informational purposes and may not have BARTON been prepared for or be suitable for legal purposes. It does not represent an on-the-ground MHDR survey and represents only the approximate relative location of property boundaries DESIRABLE 1 inch = 279 feet AUGUST 2018 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: September 24, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Applicant Information and Request Aerial Map Zoning Map Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION Michael Anderson of Business Venture Group, applicant, on behalf of Texas Cargoways, LLC, owner; is seeking approval of a Zone Change from the Mid Density Residential (R-2) zoning district to the General Commercial (GC) zoning district. The property in question is located on the east side of Canada Rd. near the 3400 Block, and is legally described as Reserve A, Block 1 Dawson Subdivision. The property is currently undeveloped. The applicant would like to develop the site for a possible used car dealership. In order to allow this, the site must be rezoned to General Commercial. The adjacent property to the north, the zoned R-2, is currently occupied by a commercial/light industrial use. Staff received 1 comment sheet stating opposition to the proposed zone change. At the meeting, 8 area residents spoke in opposition to the proposal, stating concerns with increased traffic and proximity to Pecan Park and area residential uses. The Planning and Zoning Commission, at their August 16, 2018 regular meeting, voted 6-0 to recommend denial of the proposed Zone Change. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to deny an Ordinance for zone change request #18-92000008, for a 6.92 acre tract of land located on the east side of Canada Rd. near the 3400 Block and is legally described as Reserve A, Block 1 Dawson Subdivision. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _____________ AN ORDINANCE AMENDING CHAPTER 106 ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 6.92 ACRE TRACT OF LAND LOCATED IN THE 3400 BLOCK OF CANADA ROAD AND LEGALLY DESCRIBED AS RESERVE A, BLOCK 1, DAWSON SUBDIVISION, FROM MID DENSITY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (GC); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. changing the zoning classification of the following described property, to wit: a 6.92 acre tract of land located in the 3400 Block of Canada Rd. and legally described as Reserve A, Block 1, Dawson Subdivision, Harris County, Texas, from Mid Density Residential (R-2) to General Commercial (GC). Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments Comprehensive Plan. Section 8. This ordinance shall be effective after its passage and approval. th PASSED AND APPROVED this the 24 day of SEPTEMBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 August 17, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #18-92000008 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the August 16, 2018 meeting on a zone change request by Michael Anderson of Business Venture Group, applicant, on behalf of Texas Cargoways, LLC, owner; for a zone change of property legally described as Reserve A, Block 1 Dawson Subdivision, from Mid Density Residential (R-2) to General Commercial (GC). The site is a 6.92 acre tract of land located on the east side of Canada Rd. within the 3400 Block. The Commission voted 6-0 to recommend denial of the proposed zone change. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov CHATTANOOGA AERIAL MAP DEFIAN CE CARLOW Zone Change 18-92000008 EAGLE RUN 3400 Block Canada Rd. Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground BARTON survey and represents only the approximate relative location of property boundaries DESIRABLE 1 inch = 279 feet AUGUST 2018 PLANNING DEPARTMENT CHATTANOOGA ZONING MAP R-1 DEFIAN CE CARLOW Zone Change 18-92000008 EAGLE RUN 3400 Block Canada Rd. Legend Subject Parcel R-2 MH This product is for informational purposes and may not have been prepared for or be suitable R-1 for legal purposes. It does not represent an on-the-ground BARTON survey and represents only the approximate relative location of R-3 GC property boundaries DESIRABLE 1 inch = 279 feet AUGUST 2018 PLANNING DEPARTMENT CHATTANOOGA FLUP MAP PI DEFIAN CE CARLOW LDR Zone Change 18-92000008 EAGLE RUN 3400 Block Canada Rd. Legend Subject Parcel PO This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground BARTON survey and represents only the approximate relative location of MHDR property boundaries DESIRABLE 1 inch = 279 feet AUGUST 2018 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: September 24, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner_____ Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Proposed SCUP Budgeted Item: N/A P&Z Recommendation Letter Applicant Information and Request Aerial Map Zoning Map Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION Applicant and owner, Nilvarni LP, is seeking approval of a SCUP to allow for a Hotel/Motel Use to locate in the General Commercial (GC) Zoning District. The property in question is a 2.28 acre tract of land located at 711 th W. Fairmont Pkwy. and is legally described as Lots 1 16 and 19 32, Block 1103 and East 30 of 7 St. ROW and Adjacent 16 foot Alley La Porte Subdivision. The property is currently partially occupied by a surface parking lot for the adjacent US Post Office and is zoned General Commercial (GC). The applicant is interested in removing the existing paving and redeveloping the site. Current plans call for a Holiday Inn Express and Suites hotel to occupy the entire 2.28 acres. Staff received 1 comment sheet stating opposition to the proposed SCUP. The Planning and Zoning Commission, at their August 16, 2018 regular meeting, voted 5-1 to recommend denial of the proposed SCUP, as presented. Commissioner Tschappat was the dissenting vote. If the City Council decides to approve the request, staff has suggested a number of conditions of approval. Below is a list of all included conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of City of La Porte and the State of Texas. 2.Permitted use on site will be described as Hotel/Motel. 3.The underlying zoning is GC. All GC requirements will need to be met. 4.All necessary documentation for building permit review must be submitted in conjunction with the oposed building improvements. 5.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this If City Council decides to approve the proposed SCUP, staff recommends the addition of a sixth condition that states no truck parking shall be permitted on site and no future truck parking plans shall be approved for the site. Action Required by Council: 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to deny an Ordinance for SCUP #18-91000010 Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000010, TO ALLOW FOR A HOTEL (EXCEPT CASINO HOTELS) AND MOTEL USE IN A GENERAL COMMERCIAL (GC) ZONING DISTRCT, ON A 2.28 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED TH AS LOTS 1 16 AND 19 32, BLOCK 1103 AND EAST 30 FEET OF 7 ST. ROW AND ADJACENT 16 FOOT ALLEY, LA PORTE SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #18-91000010 attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a Hotel (except Casino Hotels) and Motel use on a 2.28 acre tract of land, said tract being legally described as Lots 1 16 and 19 32, Block 1103 and East 30 feet of th 7 St. ROW and Adjacent 16 foot Alley, La Porte Subdivision, La Porte, Harris County, Texas, and situated within a General Commercial (GC) zoning district. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. th PASSED AND APPROVED this the 24 day of SEPTEMBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit #18-91000010 This permit is issued to: Nilvarni LP Owner or Agent 5750 Vista Rd. Pasadena, TX 77386 Address For Development of: Fairmont Motel Development Name 711 W. Fairmont Pkwy. Address th Legal Description: Lots 1 16 and 19 32, Block 1103 and East 30 of 7 St. ROW and Adjacent 16 foot Alley La Porte Subdivision, Harris County, TX Zoning: GC, General Commercial Use: Hotel (except Casino Hotels) and Motel Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable requirements of the hall comply with all provisions of Chapter 106, laws and ordinances of the City of La Porte and the State of Texas. 2. Permitted use on site will be described as Hotel/Motel. 3. The underlying zoning is GC. All GC requirements will need to be met. 4. All necessary documentation for building permit review must be submitted in conjunction 5. Any substantive modifications to this Special Conditional Use Permit will require an Ordinances. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La Porte Planning and Development Department Established 1892 August 17, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000010 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on August 16, 2018 to hear a Special Conditional Use Permit request by, Nilvarni LP, applicant/owner;for a Special Conditional Use Permit to allow for a Hotel/Motel Use. The subject site is located at 711 W. Fairmont Pkwy., and is legally described as Lots 1 – 16 and 19 – 32, Block 1103 and East 30 of th 7 St. ROW and Adjacent 16 foot Alley La Porte Subdivision. The subject site is zoned General Commercial (GC) and Section 106-310 of the Code of Ordinances requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the GC zoning district. The Commission voted 5-1to recommend denial of the proposed SCUP.Commissioner Tschappat was the dissenting vote. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont ParkwayPhone: (281) 471-5020 Planning and DevelopmentLa Porte, TX 77571-6215Fax: (281) 470-5005 www.laportetx.gov AERIAL MAP SCUP 18-91000010 711 Fairmont Pkwy. Legend Subject Property K This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 137 feet AUGUST 2018 PLANNING DEPARTMENT ZONING MAP SCUP 18-91000010 711 Fairmont Pkwy. Legend Subject Property GC K This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 137 feet AUGUST 2018 PLANNING DEPARTMENT FLUP MAP SCUP 18-91000010 711 Fairmont Pkwy. Legend Subject Property COM PI K This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries MHDR 1 inch = 137 feet PO AUGUST 2018 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: September 24, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Proposed SCUP Budgeted Item: N/A P&Z Recommendation Letter Applicant Information and Request Aerial Map Zoning Map Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION Applicant, Michael Gartner; on behalf of Sailesh & Paresh Gandhi, owner; is seeking approval of a SCUP to allow for a Hotel/Motel Use to locate in the General Commercial (GC) Zoning District. The property in question th is a 2.39 acre tract of land located at the southeast corner of the K and 15 St. ROW (between Waffle House and Home 2 Suites) and is legally described as Reserve A, Block 1, Home Porte. The property is currently undeveloped and zoned General Commercial (GC). The applicant is interested in clearing the property to develop a new hotel. Current plans call for a 4 story, 140 room Fairfield/Town Place hotel to occupy the entire 2.39 acres. The applicant owns the adjacent Home 2 Suites hotel to the south of the subject property, as well as the Candlewood Suites Hotel to the east of the property. To date, staff has not received any notices in opposition or in favor of the proposed SCUP application. The Planning and Zoning Commission, at their August 16, 2018 regular meeting, voted 6-0 to recommend approval of the proposed SCUP, as presented, with the addition of a number of conditions regarding required amenities, minimum size, and truck parking. These conditions have been included to the original list of conditions recommended by staff. Below is a list of all included conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of City of La Porte and the State of Texas. 2.Permitted use on site will be described as Hotel/Motel. 3.The underlying zoning is GC. All GC requirements will need to be met. 4.All necessary documentation for building permit review must be submitted in conjunction with the 5.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this 6.Hotel must have a minimum of 130 hotel rooms. 7.Hotel amenities must include at minimum, a fitness center, pool, and meeting/conference rooms. 8.No truck parking shall be permitted on site. Additionally, no future truck parking plans shall be approved for the site. Action Required by Council: 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for SCUP #18-91000011 Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000011, TO ALLOW FOR A HOTEL (EXCEPT CASINO HOTELS) AND MOTEL USE IN A GENERAL COMMERCIAL (GC) ZONING DISTRCT, ON A 2.39 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS RESERVE A, BLOCK 1, HOME PORTE, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #18-91000011, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a Hotel (except Casino Hotels) and Motel use on a 2.39 acre tract of land, said tract being legally described as Reserve A, Block 1, Home Porte, La Porte, Harris County, Texas, and situated within a General Commercial (GC) zoning district. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. th PASSED AND APPROVED this the 24 day of SEPTEMBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney EXHIBIT A City of La Porte Special Conditional Use Permit #18-91000011 This permit is issued to: Sailesh & Paresh Gandhi Owner or Agent th 1251 South 13 St. La Porte, TX 77571 Address For Development of: Marriott Motel Development Name th SE Corner of W. K St. and S 14 St. Address Legal Description: Reserve A, Block 1, Home Porte Zoning: GC, General Commercial Use: Hotel (except Casino Hotels) and Motels Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable requirements of the laws and ordinances of the City of La Porte and the State of Texas. 2. Permitted use on site will be described as Hotel/Motel. 3. The underlying zoning is GC. All GC requirements will need to be met. 4. All necessary documentation for building permit review must be submitted in conjunction ilding permit application process for any proposed building improvements. 5. Any substantive modifications to this Special Conditional Use Permit will require an Ordinances. 6. Hotel must have a minimum of 130 hotel rooms 7. Hotel amenities must include, at minimum, a fitness center, pool, and meeting/conference rooms 8. No truck parking will be permitted on site and no future truck parking plans shall be approved for the site. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La Porte Planning and Development Department Established 1892 August 17, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000011 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on August 16, 2018 to hear a Special Conditional Use Permit request byMichael Gartner, on behalf of Sailesh & Paresh Gandhi, owner; for a Special Conditional Use Permit to allow for a Hotel/Motel Use. The subject th St. ROW and is legally described as Reserve site is located at the southeast corner of K and 15 A, Block 1, Home Porte. The subject site is zoned General Commercial (GC) and Section 106-310 of the Code of Ordinances requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the GC zoning district. The Commission voted 6-0to recommend approvalof the proposed SCUPwith additional conditions. These conditions have been included in the proposed ordinance. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont ParkwayPhone: (281) 471-5020 Planning and DevelopmentLa Porte, TX 77571-6215Fax: (281) 470-5005 www.laportetx.gov AERIAL MAP SCUP 18-91000011 SE Corner K and 15th St. ROW Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 175 feet AUGUST 2018 PLANNING DEPARTMENT HI ZONING MAP SCUP 18-91000011 SE Corner K and 15th St. ROW Legend Subject Parcel GC This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries LI 1 inch = 175 feet AUGUST 2018 PLANNING DEPARTMENT HI FLUP MAP SCUP 18-91000011 SE Corner K and 15th St. ROW Legend Subject Parcel COM This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries LI 1 inch = 175 feet AUGUST 2018 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: September 24, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Changes Shown Ordinance Clean Version Budgeted Item: N/A P&Z Recommendation Letter __________________________________________________________________________ SUMMARY & RECOMMENDATION At the August 16, 2018 Planning and Zoning Commission meeting, the Commission held a Public Hearing regarding amendments to Chapter 106 of the City Code of Ordinances based on the annual review of the code. The Planning and Zoning Commission formed a subcommittee consisting of 4 members of the commission. Along with staff support, the subcommittee was tasked with reviewing Chapter 106 of the City Code of Ordinances and discuss possible amendments. The committee met weekly for 4 months, finalizing a draft version of their proposal for review by the entire commission. This draft was brought to the full commission as a discussion item in April and May of 2018. Based on comments received, the subcommittee finalized their draft amendments. The final version was recommended for approval by the full commission at their August meeting. Attached is the draft version of the proposed modifications to the Zoning Ordinance. Those in red indicate changed language as part of the proposed modification to Chapter 106. Action Required by Council: 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve based on the annual review conducted by the Planning and Zoning Commission. Approved for City Council Agenda 1 ___________________________________ _______________________ Corby D. Alexander, City Manager Date 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IN CONNECTION WITH THE ANNUAL COMPREHENSIVE REVIEW AND UPDATE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That the following definitions contained in Section 106- of Chapter and shall hereinafter read as follows: means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs swine etc.) that are intended to be pasture animals that can sustain themselves under normal circumstances in concentration defined herein in this chapter. aǒƌƷźΏŅğƒźƌǤ ƩĻƭźķĻƓƷźğƌ ķĻǝĻƌƚƦƒĻƓƷ means the use of a lot for more than two ten dwelling units, within one or more structures. This includes an apartment complex. Recreational livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs swine etc.) that are intended to be housed in a barn or similar structure, requiring supplemental Section 2: That Section 106-, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-310. - Table A, Commercial & Industrial Uses. 2012 7 NAICS 2012 7 NAICS Title ** NC MS GC MU BI LI HI Code 3 3 Artisan shops with a retail component (1,000 sq ft max) P P 3 3 Artisan shops with a retail component (2,500 sq ft max) P P C Offices only for any use code P P P P P All uses permitted or/accessory in R-3 zone, except single- 1 family detached and special lot, duplexes, quadraplexes, P P P P townhouses, and multi-family 2 Single-family detached P P All Conditional uses in R-3 zone C C C C 11 Agriculture, Forestry, Fishing & Hunting ** 21 Mining ** 22 Utilities ** 23 Construction 236 Construction of Buildings P P P P P 237 Heavy and Civil Engineering Construction P P P 2381 Foundation, Structure, and Building Exterior Contractors 2382 Building Equipment Contractors P P P P P 2383 Building Finishing Contractors 238910 Site Preparation Contractors C P P P 238990 All Other Specialty Trade Contractors C P P P 31-33 Manufacturing 3111 Animal Food Manufacturing 3112 Grain and Oilseed Milling 3113 Sugar and Confectionery Product Manufacturing C P Fruit and Vegetable Preserving and Specialty Food 3114 Manufacturing 3115 Dairy Product Manufacturing 3116 Animal Slaughtering and Processing C C 3117 Seafood Product Preparation and Packaging 311811 Retail Bakeries P P P P P P P 18 18 3118 Commercial Bakeries and Tortilla Manufacturing PP P C 311811 Retail Bakers P P P P P P P 1818 3119 Other Food Manufacturing P P P 31211 Soft drink and Ice Manufacturing C P 31212 Breweries 31213 Wineries C C C C C C P 31214 Distilleries 312230 Tobacco Manufacturing C P 1818 313 Textile Mills P P P P P 314 Textile Product Mills P P P 315 Apparel Manufacturing P P P 316110 Leather and Hide Tanning and Finishing C 3162 Footwear Manufacturing C P P 3169 Other Leather and Allied Product Manufacturing 321 Wood Product Manufacturing ** 3221 Pulp, Paper, and Paperboard Mills ** 322211 Corrugated and Solid Fiber Box Manufacturing C P 322212 Folding Paperboard Box Manufacturing C P 322219 Other Paperboard Container Manufacturing P P P 32222 Paper Bag and Coated and Treated Paper Manufacturing C P 323111 Commercial Printing (except Screen and Books) P P P P P 323113 Commercial Screen Printing P P P P P 323117 Books Printing P P P P P 323120 Support Activities for Printing P P P 324 Petroleum and Coal Products Manufacturing ** 325 Chemical Manufacturing ** 326 Plastic and Rubber Products Manufacturing C C P 327110 Pottery, Ceramics, and Plumbing Fixture Manufacturing C C P 32712 Clay Building Material and Refractories Manufacturing 3272 Glass and Glass Product Manufacturing 3273 Cement and Concrete Product Manufacturing P 3274 Lime and Gypsum Product Manufacturing 3279 Other Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing P 3321 Forging and Stamping P P 3322 Cutlery and Hand tool Manufacturing 3323 Architectural and Structural Metals Manufacturing 3324 Boiler, Tank, and Shipping Container Manufacturing P P P 3325 Hardware Manufacturing 3326 Spring and Wire Product Manufacturing 3327 Turned Product and Screw, Nut, and Bolt Manufacturing 332811 Metal Heat Treating C P P Metal Coating, Engraving (except Jewelry and Silverware), and 332812 P P Allied Services to Manufacturers 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring P P P 332911 Industrial Valve Manufacturing P P 332912 Fluid Power Valve and Hose Fitting Manufacturing P P 332913 Plumbing Fixture Fitting and Trim Manufacturing P P P 332919 Other Metal Valve and Pipe Fitting Manufacturing P P P 332991 Ball and Roller Bearing Manufacturing P P 332992 Small Arms Ammunition Manufacturing P 332993 Ammunition (except Small Arms) Manufacturing P Small Arms, Ordnance, and Ordnance Accessories 332994 C Manufacturing 332996 Fabricated Pipe and Pipe Fitting Manufacturing P P All Other Miscellaneous Fabricated Metal Product 332999 P P P Manufacturing Agriculture, Construction, and Mining Machinery 3331 Manufacturing 333241 Food Product Machinery Manufacturing P P 333242 Semiconductor Machinery Manufacturing 333243 Sawmill, Woodworking, and Paper Machinery Manufacturing 333244 Painting Machinery and Equipment Manufacturing 333249 Other Industrial Machinery Manufacturing P P P 3333 Commercial and Service Industry Machinery Manufacturing Industrial and Commercial Fan and Blower and Air Purification 333413 P P Equipment Manufacturing 333414 Heating Equipment (except Warm Air Furnaces) Manufacturing P P P Air-Conditioning and Warm Air Heating Equipment and 333415 Commercial and Industrial Refrigeration Equipment P P P Manufacturing 3335 Metalworking Machinery Manufacturing 333611 Turbine and Turbine Generator Set Units Manufacturing P P Speed Changer, Industrial High-Speed Drive, and Gear 333612 Manufacturing 333613 Mechanical Power Transmission Equipment Manufacturing 333618 Other Engine Equipment Manufacturing P P P 333911 Pump, Pumping Equipment, and Measuring and Dispensing P P 333914 Pump Manufacturing 333912 Air and Gas Compressor Manufacturing P P 333913 Measuring and Dispensing Pump Manufacturing P P P 333914 333921 Elevator and Moving Stairway Manufacturing P P 333922 Conveyor and Conveying Equipment Manufacturing P P Overhead Traveling Crane, Hoist, and Monorail System 333923 P P P Manufacturing Industrial Truck, Tractor, Trailer, and Stacker Machinery 333924 P P Manufacturing 333991 Power-Driven Hand tool Manufacturing P P 333992 Welding and Soldering Equipment Manufacturing P P P 333993 Packaging Machinery Manufacturing P P 333994 Industrial Process Furnace and Oven Manufacturing P P P 333995 Fluid Power Cylinder and Actuator Manufacturing P P 333996 Fluid Power Pump and Motor Manufacturing 333997 Scale and Balance Manufacturing P P P All Other Miscellaneous General Purpose Machinery 333999 Manufacturing 181818 3341 Computer and Peripheral Equipment Manufacturing P P P P P 3342 Communications Equipment Manufacturing 3343 Audio and Video Equipment Manufacturing Semiconductor and Other Electronic Component 3344 1818 Manufacturing P P P P P Navigation, Measuring, Electromedical and Control 3345 Instruments Manufacturing 3346 Manufacturing and Reproducing Magnetic and Optical Media 3351 Electric Lighting Equipment Manufacturing 3352 Household Appliance Manufacturing P P P 3353 Electrical Equipment Manufacturing 33591 Battery Manufacturing P P 33592 Communication and Energy Wire and Cable Manufacturing 33593 Wiring Device Manufacturing 1818 P P P P P 33599 All Other Electrical Equipment and Component Manufacturing 3361 Motor Vehicle Manufacturing P P 3362 Motor Vehicle Body and Trailer Manufacturing 336310 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing P P P Motor Vehicle Electrical and Electronic Equipment 336320 P P P Manufacturing Motor Vehicle Steering and Suspension Components (except 33633 Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing P P Motor Vehicle Transmission and Power Train Parts 33635 Manufacturing 33636 Motor Vehicle Seating and Interior Trim Manufacturing P P P 33637 Motor Vehicle Metal Stamping P P 33639 Other Motor Vehicle Parts Manufacturing P P P 3364 Aerospace Product and Parts Manufacturing P P 3365 Railroad Rolling Stock Manufacturing 336611 Ship Building and Repairing P 336612 Boat Building C P P P 1818 336991 Motorcycle, Bicycle, and Parts Manufacturing P P P P P Military Armored Vehicle, Tank, and Tank Component 336992 P P Manufacturing 336999 All Other Transportation Equipment Manufacturing P P 3 3 337110 Wood Kitchen Cabinet and Countertop Manufacturing P P P P P 3 3 337121 Upholstered Household Furniture Manufacturing P P P P P 3 3 337122 Non-upholstered Wood Household Furniture Manufacturing P P P P P Household and Institutional Furniture and Kitchen Cabinet 3371 Manufacturing P P P 3372 Office Furniture (including Fixtures) Manufacturing 3379 Other Furniture Related Product Manufacturing 339 Miscellaneous Manufacturing P P P 42 Wholesale Trade Motor Vehicle and Motor Vehicle Parts and Supplies Merchant 4231 Wholesalers 4232 Furniture and Home Furnishing Merchant Wholesalers Lumber and Other Construction Materials Merchant 4233 P P P Wholesalers Professional and Commercial Equipment and Supplies 4234 Merchant Wholesalers 42351 Metal Service Centers and Other Metal Merchant Wholesalers 42352 Coal and Other Mineral Merchant Wholesalers P Household Appliances and Electrical and Electronic Goods 4236 Merchant Wholesalers P P P Hardware, and Plumbing and Heating Equipment and Supplies 4237 Wholesalers 4238 Machinery, Equipment, and Supplies Merchant Wholesalers C P Sporting and Recreational Goods and Supplies Merchant C 18 423910 P P P P 18 Wholesalers P C 18 4 4 4 423920 Toy and Hobby Goods and Supplies Merchant Wholesalers P P P P 18 P 423930 Recyclable Material Merchant Wholesalers P Jewelry, Watch, Precious Stone, and Precious Metal Merchant 423940 P P P Wholesalers 423990 Other Miscellaneous Durable Goods Merchant Wholesalers P P P 4241 Paper and Paper Product Merchant Wholesalers 4242 Drugs and Druggists' Sundries Merchant Wholesalers P P P 4243 Apparel, Piece Goods, and Notions Merchant Wholesalers 4244 Grocery and Related Product Merchant Wholesalers 4245 Farm Product Raw Material Merchant Wholesalers P P Plastics Materials and Basic Forms and Shapes Merchant 424610 P P P Wholesalers 424690 Other Chemical and Allied Products Merchant Wholesalers P P P 424710 Petroleum Bulk Stations and Terminals C Petroleum and Petroleum Products Merchant Wholesalers 424720 C P P (except Bulk Stations and Terminals) 424810 Beer and Ale Merchant Wholesalers P P P 424820 Wine and Distilled Alcoholic Beverage Merchant Wholesalers P P P 424910 Farm Supplies Merchant Wholesalers C P 42492 Book, Periodical, and Newspaper Merchant Wholesalers Flower, Nursery Stock, and Florists' Supplies Merchant 42493 Wholesalers C P P 42495 Paint, Varnish, and Supplies Merchant Wholesalers 42499 Other Miscellaneous Nondurable Goods Merchant Wholesalers 425 Wholesale Electronic Markets and Agents and Brokers P P P P 44-45 Retail Trade 441110 New Car Dealers P P P P P 441120 Used Car Dealers P P P P P 441210 Recreational Vehicle Dealers P P P P 44122 Motorcycle, Boat, and Other Motor Vehicle Dealers P P P P P 4413 Automotive Parts, Accessories, and Tire Stores 442 Furniture and Home Furnishings Stores P P P P P 443 Electronics and Appliance Stores P P P P P P 444110 Home Centers P P P P 444120 Paint and Wallpaper Stores P P P P P 444130 Hardware Stores P P P P P P 44419 Other Building Material Dealers P P P P P P P 4442 Lawn and Garden Equipment and Supplies Stores 445 Food and Beverage Stores P P P P P P P 446 Health and Personal Care Stores P P P P P P P 44711 Gasoline Stations with Convenience Stores P P P P P P 5 5 5 5 44719 Other Gasoline Stations P P P P 448 Clothing and Clothing Accessories Stores P P P P P P P 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores P P P P P P P 4521 Department Stores 452210 P P P P 452910 Warehouse Clubs and Supercenters 452311 452990 All Other General Merchandise Stores P P P P P P P 452319 4531 Florists 4532 Office Supplies, Stationery, and Gift Stores 4533 Used Merchandise Stores P P P P P P P 45391 Pet and Pet Supplies Stores 45392 Art Dealers 45393 Manufactured (Mobile) Home Dealers P P P 453991 Tobacco Stores P P P P P P P 453998 All Other Miscellaneous Store Retailers (except Tobacco Stores) P P P P P P P 4541 Electronic Shopping and Mail-Order Houses P P P P P P 18 454210 Vending Machine Operators PP P P P 454310 Fuel Dealers P P 454390 Other Direct Selling Establishments P P P P P 48-49 Transportation and Warehousing 481 Air Transportation P P P 482 Rail Transportation P 483 Water Transportation ** 6 6 484 Truck Transportation P P 4851 Urban Transit Systems P P P P 4852 Interurban and Rural Bus Transportation 48531 Taxi Service P P P P P 48532 Limousine Service P P P P P 48541 School and Employee Bus Transportation P P P P 48551 Charter Bus Industry P P P P 485991 Special Needs Transportation P P P P P 485999 All Other Transit and Ground Passenger Transportation P P P P P 486 Pipeline Transportation ** 487 Scenic and Sightseeing Transportation P P P P P 4881 Support Activities for Air Transportation P P P 4882 Support Activities for Rail Transportation P 4883 Support Activities for Water Transportation ** 488390 Other Support Activities for Water Transportation P P P P P 4884 Support Services for Road Transportation C P P P 4885 Freight Transportation Arrangement (Office Only) P P P P P 6 6 4885 Freight Transportation Arrangement P P 488991 Packing and Crating C P P 488999 All Other Support Activities for Transportation C P P 491 Postal Service P P P P 492110 Couriers and Express Delivery Services P P P 492210 Local Messengers and Local Delivery P P P P 6 6 493 Warehousing and Storage P P 1717 493190 Other Warehousing and Storage P P 51 Information 511 Publishing Industries (except Internet) C P P P P 512110 Motion Picture and Video Production P P P 512120 Motion Picture and Video Distribution P P P 512131 Motion Picture Theaters (except Drive-Ins) P P P P P 512132 Drive-In Motion Picture Theaters P P P 512191 Tele-production and Other Postproduction Services P P P P P C 18 512199 Other Motion Picture and Video Industries P P P P 18 P 512210 Record Production P P P P P 512220 Integrated Record Production/Distribution P P P 51223 Music Publishers 51224 Sound Recording Studios P P P P P 51229 Other Sound Recording Industries 515 Broadcasting (except Internet) P P P P P 517 Telecommunications P P P P P 518 Data Processing, Hosting, and Related Services P P P P P 519 Other Information Services P P P P P 52 Finance and Insurance 521 Monetary Authorities-Central Bank P P P P P 522 Credit Intermediation and Related Activities P P P P P 523110 Investment Banking and Securities Dealing P P P P P 523120 Securities Brokerage P P P P P 523130 Commodity Contracts Dealing P P P P P P 523140 Commodity Contracts Brokerage P P P P P 523210 Securities and Commodity Exchanges P P P P P 523910 Miscellaneous Intermediation P P P P P P 523920 Portfolio Management P P P P P P 523930 Investment Advice P P P P P 523991 Trust, Fiduciary, and Custody Activities P P P P P P 523999 Miscellaneous Financial Investment Activities P P P P P 5241 Insurance Carriers P P P P P 5242 Agencies, Brokerages, and Other Insurance Related Activities P P P P P P P 52511 Pension Funds P P P P P 52512 Health and Welfare Funds 52519 Other Insurance Funds P P P P P P 5259 Other Investment Pools and Funds 53 Real Estate Rental and Leasing 531 Real Estate P P P P P P P 532111 Passenger Car Rental P P P P P 532112 Passenger Car Leasing P P P P P Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and 532120 P P P P Leasing 532210 Consumer Electronics and Appliances Rental P P P P P 53222 Formal Wear and Costume Rental 532281 53223 Video Tape and Disc Rental 532282 P P P P P P P 532291 Home Health Equipment Rental 532283 532292 Recreation Good Rental 532284 532299 All Other Consumer Goods Rental P P P P P 532289 532310 General Rental Centers P P P P P Commercial Air, Rail, and Water Transportation Equipment 532411 P P Rental and Leasing Construction, Mining, and Forestry Machinery and Equipment 7 532412 P P P P Rental and Leasing 532420 Office Machinery and Equipment Rental and Leasing P P P P P Other Commercial and Industrial Machinery and Equipment 18 532490 P P P P P Rental and Leasing Lessors of Nonfinancial Intangible Assets (except Copyrighted 533 P P P P P P Works) 54 Professional, Scientific, and Technical Services 5411 Legal Services 541211 Offices of Certified Public Accountants P P P P P P 541213 Tax Preparation Services 541214 Payroll Services 541219 Other Accounting Services 54131 Architectural Services 54132 Landscape Architectural Services 54133 Engineering Services P P P P P 54134 Drafting Services 54135 Building Inspection Services 54136 Geophysical Surveying and Mapping Services 50137 Surveying and Mapping (except Geophysical) Services 541380 Testing Laboratories P P P P 5414 Specialized Design Services 5415 Computer Systems Design and Related Services P P P P P 5416 Management, Scientific, and Technical Consulting Services 541711 Research and Development in Biotechnology P P 541713 541712 Research and Development in the Physical, Engineering, and P P 541713 Life Sciences, and (except Biotechnology) Research and Development in the Social Sciences and 54172 Humanities P P P P P 5418 Advertising, Public Relations, and Related Services 54191 Marketing Research and Public Opinion Polling 541921 Photography Studios, Portrait P P P P P P P 541922 Commercial Photography C P P P P 541930 Translation and Interpretation Services P P P P P 8 8 8 541940 Veterinary Services P P P P P P 541990 All Other Professional, Scientific, and Technical Services P P P P P 55 Management of Companies and Enterprises P P P P P Administrative and Support, Waste Management, and 56 Remediation Services 5611 Office Administrative Services 5612 Facilities Support Services P P P P P 5613 Employment Services 5614 Business Support Services 561510 Travel Agencies P P P P P P P 56152 Tour Operators 56159 Other Travel Arrangement and Reservation Services P P P P P 56161 Investigation, Guard, and Armored Car Services 561621 Security Systems Services (except Locksmiths) 561622 Locksmiths P P P P P P P 561710 Exterminating and Pest Control Services P P P P P 561720 Janitorial Services P P P P P P 561730 Landscaping Services P P P P P 561740 Carpet and Upholstery Cleaning Services P P P P P 561790 Other Services to Buildings and Dwellings P P P P P P 5619 Other Support Services P P P P 562111 Solid Waste Collection P P 562112 Hazardous Waste Collection C 562119 Other Waste Collection P P 5622 Waste Treatment and Disposal C 5629 Remediation and Other Waste Management Services P P P 61 Educational Services 6111 Elementary and Secondary Schools 6112 Junior Colleges P P P P P P 6113 Colleges, Universities, and Professional Schools 611410 Business and Secretarial Schools C C P P P 61142 Computer Training 61143 Professional and Management Development Training P P P P P 611511 Cosmetology and Barber Schools 611512 Flight Training 611513 Apprenticeship Training 9 9 611519 Other Technical and Trade schools P P P P P 6116 Other Schools and Instruction P P P P P 6117 Educational Support Services 62 Health Care and Social Assistance 6211 Office of Physicians 6212 Office of Dentists P P P P P P 6213 Office of Other Health Practitioners 621410 Family Planning Centers C P P P P 621420 Outpatient Mental Health and Substance Abuse Centers C P P P P 621491 HMO Medical Centers P P P P P 621392 Kidney Dialysis Centers 621493 Free Standing Ambulatory Surgical and Emergency Centers 621498 All Other Outpatient Care Centers C P P P P 6215 Medical and Diagnostic Laboratories 6216 Home Health Care Services 6219 Other Ambulatory Health Care Services 622 Hospitals C P P P P 623110 Nursing Care Facilities (Skilled Nursing Facilities) P P P P P P 623210 Residential Intellectual and Developmental Disability Facilities P P P P P P 623220 Residential Mental Health and Substance Abuse Facilities P P P P 623311 Continuing Care Retirement Communities P P P P P P 623312 Assisted Living Facilities for the Elderly P P P P 62399 Other Residential Care Facilities P P P P 624 Social Assistance P P P P 624410 Child Day Care Services P P P P P P 71 Arts, Entertainment, and Recreation 7111 Performing Arts Companies P P P P P 711211 Sports Teams and Clubs 711212 Racetracks ** 711219 Other Spectator Sports 7113 Promoters of Performing Arts, Sports, and Similar Events P P P P P Agents and Managers for Artists, Athletes, Entertainers, and 7114 Other Public Figures 7115 Independent Artists, Writers, and Performers 712 Museums, Historical Sites, and Similar Institutions P P P P P 71311 Amusement and Theme Parks P P P P P P P P P 10 713120 Amusement Arcades P 10 10 10 10 7132 Gambling Industries ** 71391 Golf Courses and Country Clubs P P P P P 71392 Skating Facilities 71393 Marinas ** 71394 Fitness and Recreational Sports Centers P P P P P P 71395 Bowling Centers All Other Amusement and Recreation Industries except P P P P 11 713990 P 11 11 11 11 shooting range and slot machines. 72 Accommodation and Food Services P P P P 12 721110 Hotels (except Casino Hotels) and Motels P 12 12 12 12 721120 Casino Hotels ** 721191 Bed-and-Breakfast Inns P P P P P P P 721199 All Other Traveler Accommodation ** 721211 RV (Recreational Vehicle) Parks and Campgrounds ** 721214 Recreational and Vacation Camps (except Campgrounds) 721310 Rooming and Boarding Houses P P P P P P P 722310 Food Service Contractors P P P P P 722320 Caterers P P P P P 722330 Mobile Food Services P P P P 722410 Drinking Places (Alcoholic Beverages) P P P P P P 7225 Restaurants and Other Eating Places P P P P P P 81 Other Services, except Public Administration P P P P 15 8111 Automotive Repair and Maintenance (except Truck Repair) P 15 15 15 15 P P P 8111 Automotive Repair and Maintenance (Truck Repair) 15 15 15 811211 Consumer Electronics Repair and Maintenance P P P P P P 811212 Computer and Office Machine Repair and Maintenance P P P P P 811213 Communication Equipment Repair and Maintenance P P P P P P Other Electronic and Precision Equipment Repair and 811219 P P P P P P Maintenance Commercial and Industrial Machinery and Equipment (except 811310 P P P Automotive and Electronic) Repair and Maintenance 811411 Home and Garden Equipment Repair and Maintenance P P P P P 811412 Appliance Repair and Maintenance 81142 Reupholstery and Furniture Repair P P P P P P 81143 Footwear and Leather Goods Repair 81149 Other Personal and Household Goods Repair and Maintenance 8121 Personal Care Services P P P P P P P 81221 Funeral Homes and Funeral Services P P P P 13 13 812220 Cemeteries and Crematories P P P 13 13 13 13 812310 Coin-Operated Laundries and Drycleaners P P P P P P P 812320 Dry Cleaning and Laundry Services (except Coin- Operated) P P P P P P P 18 812331 Linen Supply PP P P P 812332 Industrial Launderers P P C C C C C 14 812910 Pet Care (except Veterinary) Services C 14 14 14 14 14 812921 Photofinishing Laboratories (except One-Hour) P P P P 812922 One-Hour Photofinishing P P P P C P P P 16 812930 Parking Lots and Garages P 16 16 16 16 812990 All Other Personal Services C P P P P 813110 Religious Organizations P C P P P P 8132 Grantmaking and Giving Services P P P P P P 8133 Social Advocacy Organizations 8134 Civic and Social Organizations 81391 Business Associations 81392 Professional Organizations C P P P P 81393 Labor Unions and Similar Labor Organizations 81394 Political Organizations Other Similar Organizations (except Business, Professional, 813990 C C C C P P P Labor, and Political Organizations) 92 Public Administration P P P P P Parking ramps and structures P C P C Commercial/Ind. PUD (ref. to Section 106-636) C C C C C C C Outdoor sales as accessory use P P Outdoor storage as accessory use P P Off-site parking C C C C Unlisted uses, similar to uses listed above C C C C C C C Footnotes: ** Non-classified use categories. 1 Within the overlay portion, residential activities are only allowed above the first floor. 2 Single family detached prohibited in main street overlay zone, but permitted in main street district. 3 Artisan shops are allowed (see Section 106-480 (Artisan Shop), 106-500 (Artisan Shop), 106-514 (Artisan Shop). 4 No storage or sale of fireworks. 5 Truck Stop shall only be permitted in Business Industrial districts on truck routes along Barbour's Cut Boulevard, State Hwy 225 and State Highway 146 (north of Barbour's Cut Blvd). No construction of any kind shall be permitted within setbacks for BI zone. 6 Must be adjacent to high frequency truck roads as shown on High Frequency Truck Road Map (Ref. Section 106-746). 7 Only allowed along State Highway 146. 8 Livestock prohibited on premises. 9 Truck schools prohibited. 10 Refer to Chapter 10 of the Code of Ordinances (must be at least 300 feet from church, school, or hospital & measured from property line to property line). 11 Shooting range is a conditional use. 12 Hotels and Motel Uses. Hotels and motels are allowed as a conditional use under this Chapter when within 250 feet of residential zoned properties (R-1, R-2, R-3, MH, and LL zoning districts). All hotel and motels are required to install and operate a security and surveillance system to monitor the parking lot area and all ingress/egress points to the buildings. 13 Crematories prohibited. 14 Dog grooming. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. 15 No vehicle may be parked outside for longer than two weeks. 16 Parking of commercial motor vehicles, including truck tractors not in combination with trailers, prohibited. 17 Automobile dead storage must be fully contained within an enclosed building. Use must be located adjacent to high frequency truck roads as shown on High Frequency Truck Route Map 18 Proposed use must be located on a parcel that is no greater than 1.5 acres and building and/or buildings where use is located may not exceed 15,000 sq. ft. Uses shall not be permitted in the Main Street Overlay. All permitted uses in commercial and industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. \[źŭŷƷźƓŭ ğƓķ ŭƌğƩĻ͵ Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one foot-candle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 foot-candles (meter reading) as measured from such property. B. wğķźğƷźƚƓ ğƓķ ĻƌĻĭƷƩźĭğƌ ĻƒźƭƭźƚƓƭ͵ No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. {ƒƚƉĻ͵ The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. 5ǒƭƷ ƚƩ ƚƷŷĻƩ ƦğƩƷźĭǒƌğƷĻ ƒğƷƷĻƩ͵ The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. hķƚƩƭ͵ The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F. 9ǣƦƌƚƭźǝĻƭ͵ No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G. bƚźƭĻ͵ All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band Frequency Maximum Sound Levels - Decibels Cycles per Second Lot Line Residential District Boundary 20 to 75 78 63 75 to 150 74 59 150 to 300 68 55 300 to 600 61 51 600 to 1,200 55 45 1,200 to 2,400 49 38 2,400 to 4,800 43 31 Above 4,800 41 25 Impact noise 80 55 Between the hours of 10:00 P.M. and 6:00 A.M. the permissible sound levels beyond residential district boundaries (both Column II and Impact) shall be six decibels less than shown above. In distances where it is determined that a proposed land use may generate a level of noise that will impact on surrounding land uses, the planning and zoning commission and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening and landscaping techniques. H. IƚǒƩƭ ƚŅ hƦĻƩğƷźƚƓ͵ Hours of operation are limited for truck stops adjacent to residential areas only. The facility shall only operate during the hour of 6:00 a.m. to 9:00 p.m. and no overnight facilities are allowed on the premises. Section 3: That Section 106- of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-331. - Table A, residential uses. P (abc)Permitted uses (subject to designated criteria established in section 106-334 (Special use performance standards; residential)). PPermitted uses. AAccessory uses (subject to requirements of section 106-741 (General provisions)). CConditional uses (subject to requirements of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments) and designated criteria established in section 106-334 (Special use performance standards; residential) as determined by the planning and zoning commission). *Not allowed. Uses (NAICS Code #) Zones R-1 R-2 R-3 MH LL Agriculture, Forestry, Fishing and Hunting (111110-111199) P P P P P Agricultural production, (animal specialties - breeding or sale) C * * * C Bed and breakfast as defined by section 106-1 (Definitions) (721191) C(h) C(h) C(h) * C(h) All other animal production, limited to dogs and cats, on residential large lot l A A C C A (112990) Pet care (except veterinary) services, limited to boarding kennels only (812910) * * * * P Domestic livestock-With an existing principal structure on the property (cattle, horses, hogs, swine, sheep, goats, chickens, and geese) Single-family A A A A A residential, large lot Domestic livestockWithout an existing principal structure on the property (permitted in large lot district, but only if tract is one acre in size or greater) * * * * P including cattle, horses, hogs, swine, sheep, goats, chickens, and geese Industrialized housing on a permanent foundation P P P P P Single-family dwelling, detached P P P P P Single-family dwelling, special lot * P P P * Single-family dwellings, zero lot line (patio homes, etc.) * P P * * Duplexes, double bungalows (two-family dwelling units) * P P * * Townhouses/Condominium * P(I) P(I) * * Conversion of single-family dwellings to duplexes (or no more than two-family * P P * * dwellings) Tri-plexes and quadraplexes (three and four-family dwelling units) * P(I) P(I) * * Multi-family (more than four dwelling units) * * P(I) * * 34 unit multi-family dwellings * P P * * Multi-family (over 4 units) * * P * * Modular housing on a permanent foundation system section 106-1 (Definitions) P P P P P Manufactured housing subdivisions restricted to H.U.D. certified mobile homes; min. width 20 feet, min. shingled roof pitch 3:12, permanent foundation system; * C(a) C(a) P(a) * siding similar to surrounding residential Manufactured housing subdivisions (restricted to H.U.D. certified mobile homes * C(a) * * on permanent foundation systems) P Manufactured housing parks * * * * (a,d,f) Manufactured housing * * * P * Group care facilities providing food and shelter to persons who are unrelated to the proprietor of the establishment (623) 3 or less persons P (j) P (j) P (j) P (j) P (j) P P 4 or more persons P (k) P (k) P (k) (k) (k) Childcare home in private home (services no more than 6) P P P P P Daycare centers (services more than 6) (624410) * P P P * Freestanding on-premises identification sign; townhouses, multi-family developments, group care facilities (not located within a residential See article VII of this chapter neighborhood), subdivisions, education and religious facilities Residential PUD (refer to section 106-636 (Planned unit development * C C C * procedures)) Public parks and playgrounds P P P P P Recreational buildings and community centers C P P P C P P Religious institutions (813110) C P (AB) C (AB) (AB) Public or private educational institutions limited to elementary, junior and senior C P P P C high (611110) Junior colleges and technical institutes (611210 and 6115) * C P * * Boarding homes (721310) * P P * * Civic, social and fraternal organizations (8134) * * C * * Convalescent homes, sanitarium, nursing or convalescent homes * * P * * Private garages, carports and off-street parking (associated with residential uses) A A A A A Storage of equipment behind a screening device (permitted in large lot district, A A A A P but only if tract is one acre in size or greater) Storage of recreational vehicles or boats A A A A A Storage of equipment in an accessory building or behind a screening device A A A A A Home occupations A A A A A Noncommercial greenhouses A A A A A Noncommercial recreation facilities associated with residence A A A A A Noncommercial tool houses, barns, sheds, storage buildings (associated with A A A A P residence, except in large lot district for tracts one acre in size or greater) Boarding or renting of rooms (1 person max.) A A A A A Off-street loading (refer to section 106-840 (Off-street loading requirements) * * * * * Off-street parking (refer to See article VI of this chapter) A A A A A Petroleum pipelines (restricted to existing pipeline corridors) P P P P P Residential density bonus, as provided in section 106-334(g) (Density bonus) C C C C C Secondary dwelling units C P P * C Yard Parking, as defined by section 106-334 (e) (Compatible alterations and * * * * * adequate parking) Section 4: That Section 106- Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-333. - Table B, residential area requirements. (a) Table B, residential area requirements. Maximum Minimum Lot Minimum Yard Minimum Minimum Minimum Coverage/ Lot Setbacks Maximum Site Development 8 Uses Lot Width Minimum 15 Area/D.U. L.F. F.R.S. Height Area/Unit Open Space/ L.F. Landscaping 2, 3, 4, 5, 6, 10, 7, 16 17 S.F. S.F. Unit S.F. 9, 18, Required 11, 12, 13, 14 19 9100 Single-family 6000 50 25-15-5 35 Ft. 4.8 40%/N/A detached DU/A 43560 Single-family large lot 43560 90 25-15-5 45 Ft. 1.0 40%/N/A DU/A 7300 Single-family special 4500 40 20-10-0 35 Ft. 6.0 Footnote # 1 60%/N/A lot line, 0 lot line DU/A 8.0 Duplexes 6000 60 25-20-20 45 Ft. Footnote # 1 60%/N/A DU/A Single-family converted to 6000 50 20-10-5 35 Ft. N/A N/A 50%/N/A multifamily Townhouses, 4400 quadraplexes (10,000 2000 20 25-20-20 45 Ft. 10.0 Footnote # 1 75%/25% s.f of site area 100 ft. DU/A wide) 1600 Multifamily 20000 100 25-20-20 45 Ft. 14 20 Footnote # 1 60%/25% DU/A 7300 Manufactured 4500 40 20-10-5 25 Ft. 6.0 Footnote # 1 60% housing DU/A 100 of Manufactured front housing subdivision or N/A N/A N/A N/A N/A/N/A road parks (5 acre min.) frontage State Licensed & Registered Child-care homes (Max. 12 in 9100 private home; per TX 6000 50 25-15-5 35 Ft. N/A 40% / N/A 4.8 DU/A Dept. of Family & Protective Services, Ch. 747) Group care facilities9100 6000 50 25-15-5 35 Ft. N/A 40% / N/A 3 or less persons 4.8 DU/A Public or private educational and religious institutions, large group care 30-20-10 45 Ft. N/A N/A N/A facilities, daycare centers, recreational buildings, boarding, and nursing homes Freestanding on- See article VII of this chapter premises signs Large lot district where tract is one acre in size or greater (without existing See section 106-416 (Special regulations) principal structure) Accessory structure/domestic livestock TABLE B FOOTNOTES Lot Size Required Developed Open Space/Lot 50006000 Sq. Ft. 200 Sq. Ft. 40004999 Sq. Ft. 300 Sq. Ft. 30003999 Sq. Ft. 400 Sq. Ft. 20002999 Sq. Ft. 500 Sq. Ft. a. Minimum size of developed open space: One-half acre for every 80 units or fraction thereof. (i) For multi-family residential developments: Minimum of 25 percent of the total development regardless of size of development. (ii) For townhouse/quadraplex developments: One-half acre for every 80 units or fraction thereof. b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the conditions established in sections 106-676 (Property controls), 106-677 (Public services), 106-678 (Building height), and 106-679 (Roadways), with all documentation required to be submitted for filing in conjunction with the final plat. (See also the City Development Ordinance Number 1444, section 4.04 which is on file in the city secretary's office.) 2 A minimum landscape 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 landscaped 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 into any utility easement or vertical 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 only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall the minimum front yard setback exceed 30 feet. 5 All side yards adjacent to public R.O.W.'s not classified as freeway, arterial or collector must be five feet except accessory building (see Section 106-741). All side yards adjacent to public R.O.W's classified as freeway, arterial or collector must be 10 feet. 6 In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7 D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. 8 All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external forces as defined by the City's Code of Ordinances 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, if one is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the City's Code of Ordinances. 9 See article V, division 4 of this chapter for additional requirements. 10 In the case of multi-family residential developments with 50 or more units, said complexes must be located at least 1,000 feet from other multi-family residential developments of 20 or more units. 11 Within the building setback, there must be a ten-foot opaque screen consisting of shrubs and fencing. (See section 106-334(i) (Additional multi-family regulations) for screening and fencing requirements.) 12 Residential developments that are townhouses, quadraplexes, or multi-family dwelling units must have a minimum of 25 percent landscaping. 13 Multi-family residential developments adjacent to single-family residential developments must establish a 25-foot buffer between the two developments. This buffer is in addition to the setback as established by this table. 14 In the case of multi-family residential developments, no off-street parking shall be placed within the required setback, or within the required additional 25-foot buffer when the development is situated adjacent to a single-family residential development. The space needed to meet the required parking spaces shall be exclusive of the required setback and the additional buffer. 15 In the case of multi-family residential developments being adjacent to single-family residential developments, the buildings within the multi-family residential developments that are directly adjacent to the single-family residential development shall be limited to two-stories in height. Buildings within the interior of the multi-family residential developments may be three-stories in height. 16 Multi-family residential developments cannot exceed 180 dwelling units must contain a minimum of 100 units with a maximum of 300 units, per development. 17 See section 106-334(i)(3) for open space utilization criteria. 18 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. 19 Maximum lot coverage for single-family detached in planned unit development (PUD) zoning district or residential subdivisions requiring a detention/drainage system, shall be 50 percent. (The impervious cover factor of 55 percent for the total site for drainage, as prescribed in PICM, remains in effect.) Section 5: That Section 106- Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-742. - Domestic livestock. (a) Domestic livestock (cattle, horses, hogs, swine, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of one acre (43,560 square feet), provided that all domestic livestock as defined above be restrained by a properly constructed and maintained fence no closer than five feet from property that is not devoted to the keeping of domestic livestock or by a perimeter property (exterior) fence of such construction so as to be impenetrable by livestock and to prevent intrusion into neighboring residential properties, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (1) Two cows per acre. (2) Two horses per acre. (3) Two hogs swine per acre. (4) Two sheep or goats per acre. Plus one head for each additional one-half acre of land on the same parcel. (b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, swine, cows, or horses) shall be cumulative. In the event of fowl or recreational livestock in the large lot uses, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl grazing or recreational livestock be such as to create a health hazard or nuisance. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of livestock or fowl for the purpose of breeding, commercial feeding or sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 106-331 (Table A, residential uses). (d) Large lot district only. (1) Recreational livestock is a permitted accessory use kept on tracts of contiguous land (under one ownership) totaling one acre in size or larger. (2) For any pre-existing, nonconforming livestock use, without the required primary structure in existence prior to this article, shall be permitted upon submittal and subsequent city approval. Upon such approval registration form shall be issued to the property owner. (3) Recreational livestock concentration shall not exceed grazing livestock concentration unless the following provisions are met: a. A barn and/or similar structure adequate to house livestock is provided to accommodate the number of livestock regardless of type; b. Proper maintenance/care is adequately provided; and c. The site shall be maintained to avoid any public nuisance Section 6: That Section 106- Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-773. - Exterior storage. In residential zones, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties and any public right-of-way, except for the following: (1) Clothesline poles and wires; (2) Construction and landscaping material currently being used on the premises; (3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter; (4) Firewood, compost, or residential lawn and garden tools; (5) Portable Storage containers that are less than 175 sq. ft. in area, may be permitted on an improved surface for up to 30 days. Use of said storage container in excess of 30 days, requires approval by the Planning and Development Director. Section 7: That Section 106-- by changing ose terms appear at the top of the use table in said section, and shall hereinafter read as follows: MINIMUM NUMBER OF REQUIRED PARKING SPACES 2012 7 NAICS Code 2012 7 NAICS Title (combination) Section 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 TWO THOUSAND DOLLARS ($2,000.00). Section 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. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 11. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. 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 12. 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. th PASSED AND APPROVED this the 24 day of SEPTEMBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IN CONNECTION WITH THE ANNUAL COMPREHENSIVE REVIEW AND UPDATE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That the following definitions contained in Section 106- of Chapter 106, and shall hereinafter read as follows: means domestic livestock (including but not limited to cattle, horses, sheep, goats, swine etc.) that are intended to be pasture animals that can sustain themselves under normal circumstances in concentration defined herein in this chapter. aǒƌƷźΏŅğƒźƌǤ ƩĻƭźķĻƓƷźğƌ ķĻǝĻƌƚƦƒĻƓƷ means the use of a lot for more than ten dwelling units, within one or more structures. This includes an apartment complex. Recreational livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, swine etc.) that are intended to be housed in a barn or similar structure, requiring supplemental feed a Section 2: That Section 106-, ity of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-310. - Table A, Commercial & Industrial Uses. 2017 NAICS 2017 NAICS Title * NC MS GC MU BI LI HI Code 3 3 Artisan shops with a retail component (1,000 sq ft max) P P 3 3 Artisan shops with a retail component (2,500 sq ft max) P P C Offices only for any use code P P P P P All uses permitted or/accessory in R-3 zone, except single-family 1 detached and special lot, duplexes, quadraplexes, townhouses, P P P P and multi-family 2 Single-family detached P P All Conditional uses in R-3 zone C C C C 11 Agriculture, Forestry, Fishing & Hunting ** 21 Mining ** 22 Utilities ** 23 Construction 236 Construction of Buildings P P P P P 237 Heavy and Civil Engineering Construction P P P 2381 Foundation, Structure, and Building Exterior Contractors 2382 Building Equipment Contractors P P P P P 2383 Building Finishing Contractors 238910 Site Preparation Contractors C P P P 238990 All Other Specialty Trade Contractors C P P P 31-33 Manufacturing 3111 Animal Food Manufacturing 3112 Grain and Oilseed Milling 3113 Sugar and Confectionery Product Manufacturing C P Fruit and Vegetable Preserving and Specialty Food 3114 Manufacturing 3115 Dairy Product Manufacturing 3116 Animal Slaughtering and Processing C C 3117 Seafood Product Preparation and Packaging 311811 Retail Bakeries P P P P P P P 18 18 3118 Commercial Bakeries and Tortilla Manufacturing PP P 311811 Retail Bakers P P P P P P P 1818 3119 Other Food Manufacturing P P P 31211 Soft drink and Ice Manufacturing C P 31212 Breweries 31213 Wineries C C C C C C P 31214 Distilleries 312230 Tobacco Manufacturing C P 1818 313 Textile Mills P P P P P 314 Textile Product Mills P P P 315 Apparel Manufacturing P P P 316110 Leather and Hide Tanning and Finishing C 3162 Footwear Manufacturing C P P 3169 Other Leather and Allied Product Manufacturing 321 Wood Product Manufacturing ** 3221 Pulp, Paper, and Paperboard Mills ** 322211 Corrugated and Solid Fiber Box Manufacturing C P 322212 Folding Paperboard Box Manufacturing C P 322219 Other Paperboard Container Manufacturing P P P 32222 Paper Bag and Coated and Treated Paper Manufacturing C P 323111 Commercial Printing (except Screen and Books) P P P P P 323113 Commercial Screen Printing P P P P P 323117 Books Printing P P P P P 323120 Support Activities for Printing P P P 324 Petroleum and Coal Products Manufacturing ** 325 Chemical Manufacturing ** 326 Plastic and Rubber Products Manufacturing C C P 327110 Pottery, Ceramics, and Plumbing Fixture Manufacturing C C P 32712 Clay Building Material and Refractories Manufacturing 3272 Glass and Glass Product Manufacturing 3273 Cement and Concrete Product Manufacturing P 3274 Lime and Gypsum Product Manufacturing 3279 Other Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing P 3321 Forging and Stamping P P 3322 Cutlery and Handtool Manufacturing 3323 Architectural and Structural Metals Manufacturing 3324 Boiler, Tank, and Shipping Container Manufacturing P P P 3325 Hardware Manufacturing 3326 Spring and Wire Product Manufacturing 3327 Turned Product and Screw, Nut, and Bolt Manufacturing 332811 Metal Heat Treating C P P Metal Coating, Engraving (except Jewelry and Silverware), and 332812 P P Allied Services to Manufacturers 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring P P P 332911 Industrial Valve Manufacturing P P 332912 Fluid Power Valve and Hose Fitting Manufacturing P P 332913 Plumbing Fixture Fitting and Trim Manufacturing P P P 332919 Other Metal Valve and Pipe Fitting Manufacturing P P P 332991 Ball and Roller Bearing Manufacturing P P 332992 Small Arms Ammunition Manufacturing P 332993 Ammunition (except Small Arms) Manufacturing P Small Arms, Ordnance, and Ordnance Accessories 332994 C Manufacturing 332996 Fabricated Pipe and Pipe Fitting Manufacturing P P All Other Miscellaneous Fabricated Metal Product 332999 P P P Manufacturing 3331 Agriculture, Construction, and Mining Machinery Manufacturing 333241 Food Product Machinery Manufacturing 333242 Semiconductor Machinery Manufacturing P P 333243 Sawmill, Woodworking, and Paper Machinery Manufacturing 333244 Painting Machinery and Equipment Manufacturing 333249 Other Industrial Machinery Manufacturing P P P 3333 Commercial and Service Industry Machinery Manufacturing Industrial and Commercial Fan and Blower and Air Purification 333413 P P Equipment Manufacturing 333414 Heating Equipment (except Warm Air Furnaces) Manufacturing P P P Air-Conditioning and Warm Air Heating Equipment and 333415 Commercial and Industrial Refrigeration Equipment P P P Manufacturing 3335 Metalworking Machinery Manufacturing 333611 Turbine and Turbine Generator Set Units Manufacturing P P Speed Changer, Industrial High-Speed Drive, and Gear 333612 Manufacturing 333613 Mechanical Power Transmission Equipment Manufacturing 333618 Other Engine Equipment Manufacturing P P P Pump, Pumping Equipment, and Measuring and Dispensing 333914 P P Pump Manufacturing 333912 Air and Gas Compressor Manufacturing P P 333921 Elevator and Moving Stairway Manufacturing P P 333922 Conveyor and Conveying Equipment Manufacturing P P Overhead Traveling Crane, Hoist, and Monorail System 333923 P P P Manufacturing Industrial Truck, Tractor, Trailer, and Stacker Machinery 333924 P P Manufacturing 333991 Power-Driven Hand tool Manufacturing P P 333992 Welding and Soldering Equipment Manufacturing P P P 333993 Packaging Machinery Manufacturing P P 333994 Industrial Process Furnace and Oven Manufacturing P P P 333995 Fluid Power Cylinder and Actuator Manufacturing P P 333996 Fluid Power Pump and Motor Manufacturing 333997 Scale and Balance Manufacturing P P P All Other Miscellaneous General Purpose Machinery 333999 Manufacturing 181818 3341 Computer and Peripheral Equipment Manufacturing P P P P P 3342 Communications Equipment Manufacturing 3343 Audio and Video Equipment Manufacturing 3344 Semiconductor and Other Electronic Component Manufacturing 1818 P P P P P Navigation, Measuring, Electromedical and Control Instruments 3345 Manufacturing 3346 Manufacturing and Reproducing Magnetic and Optical Media 3351 Electric Lighting Equipment Manufacturing 3352 Household Appliance Manufacturing P P P 3353 Electrical Equipment Manufacturing 33591 Battery Manufacturing P P 33592 Communication and Energy Wire and Cable Manufacturing 33593 Wiring Device Manufacturing 1818 P P P P P 33599 All Other Electrical Equipment and Component Manufacturing 3361 Motor Vehicle Manufacturing P P 3362 Motor Vehicle Body and Trailer Manufacturing 336310 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing P P P Motor Vehicle Electrical and Electronic Equipment 336320 P P P Manufacturing Motor Vehicle Steering and Suspension Components (except 33633 Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing P P Motor Vehicle Transmission and Power Train Parts 33635 Manufacturing 33636 Motor Vehicle Seating and Interior Trim Manufacturing P P P 33637 Motor Vehicle Metal Stamping P P 33639 Other Motor Vehicle Parts Manufacturing P P P 3364 Aerospace Product and Parts Manufacturing P P 3365 Railroad Rolling Stock Manufacturing 336611 Ship Building and Repairing P 336612 Boat Building C P P P 1818 336991 Motorcycle, Bicycle, and Parts Manufacturing P P P P P Military Armored Vehicle, Tank, and Tank Component 336992 P P Manufacturing 336999 All Other Transportation Equipment Manufacturing P P 3 3 337110 Wood Kitchen Cabinet and Countertop Manufacturing P P P P P 3 3 337121 Upholstered Household Furniture Manufacturing P P P P P 3 3 337122 Non-upholstered Wood Household Furniture Manufacturing P P P P P Household and Institutional Furniture and Kitchen Cabinet 3371 Manufacturing P P P 3372 Office Furniture (including Fixtures) Manufacturing 3379 Other Furniture Related Product Manufacturing 339 Miscellaneous Manufacturing P P P 42 Wholesale Trade Motor Vehicle and Motor Vehicle Parts and Supplies Merchant 4231 Wholesalers 4232 Furniture and Home Furnishing Merchant Wholesalers Lumber and Other Construction Materials Merchant 4233 P P P Wholesalers Professional and Commercial Equipment and Supplies Merchant 4234 Wholesalers 42351 Metal Service Centers and Other Metal Merchant Wholesalers 42352 Coal and Other Mineral Merchant Wholesalers P Household Appliances and Electrical and Electronic Goods 4236 Merchant Wholesalers P P P Hardware, and Plumbing and Heating Equipment and Supplies 4237 Wholesalers 4238 Machinery, Equipment, and Supplies Merchant Wholesalers C P Sporting and Recreational Goods and Supplies Merchant 18 18 423910 PP P P P Wholesalers 18 184 4 4 423920 Toy and Hobby Goods and Supplies Merchant Wholesalers PP P P P 423930 Recyclable Material Merchant Wholesalers P Jewelry, Watch, Precious Stone, and Precious Metal Merchant 423940 P P P Wholesalers 423990 Other Miscellaneous Durable Goods Merchant Wholesalers P P P 4241 Paper and Paper Product Merchant Wholesalers P P P 4242 Drugs and Druggists' Sundries Merchant Wholesalers 4243 Apparel, Piece Goods, and Notions Merchant Wholesalers 4244 Grocery and Related Product Merchant Wholesalers 4245 Farm Product Raw Material Merchant Wholesalers P P Plastics Materials and Basic Forms and Shapes Merchant 424610 P P P Wholesalers 424690 Other Chemical and Allied Products Merchant Wholesalers P P P 424710 Petroleum Bulk Stations and Terminals C Petroleum and Petroleum Products Merchant Wholesalers 424720 C P P (except Bulk Stations and Terminals) 424810 Beer and Ale Merchant Wholesalers P P P 424820 Wine and Distilled Alcoholic Beverage Merchant Wholesalers P P P 424910 Farm Supplies Merchant Wholesalers C P 42492 Book, Periodical, and Newspaper Merchant Wholesalers Flower, Nursery Stock, and Florists' Supplies Merchant 42493 Wholesalers C P P 42495 Paint, Varnish, and Supplies Merchant Wholesalers 42499 Other Miscellaneous Nondurable Goods Merchant Wholesalers 425 Wholesale Electronic Markets and Agents and Brokers P P P P 44-45 Retail Trade 441110 New Car Dealers P P P P P 441120 Used Car Dealers P P P P P 441210 Recreational Vehicle Dealers P P P P 44122 Motorcycle, Boat, and Other Motor Vehicle Dealers P P P P P 4413 Automotive Parts, Accessories, and Tire Stores 442 Furniture and Home Furnishings Stores P P P P P 443 Electronics and Appliance Stores P P P P P P 444110 Home Centers P P P P 444120 Paint and Wallpaper Stores P P P P P 444130 Hardware Stores P P P P P P 44419 Other Building Material Dealers P P P P P P P 4442 Lawn and Garden Equipment and Supplies Stores 445 Food and Beverage Stores P P P P P P P 446 Health and Personal Care Stores P P P P P P P 44711 Gasoline Stations with Convenience Stores P P P P P P 5 5 5 5 44719 Other Gasoline Stations P P P P 448 Clothing and Clothing Accessories Stores P P P P P P P 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores P P P P P P P 452210 Department Stores P P P P 452311 Warehouse Clubs and Supercenters 452319 All Other General Merchandise Stores P P P P P P P 4531 Florists 4532 Office Supplies, Stationery, and Gift Stores 4533 Used Merchandise Stores P P P P P P P 45391 Pet and Pet Supplies Stores 45392 Art Dealers 45393 Manufactured (Mobile) Home Dealers P P P 453991 Tobacco Stores P P P P P P P 453998 All Other Miscellaneous Store Retailers (except Tobacco Stores) P P P P P P P 4541 Electronic Shopping and Mail-Order Houses P P P P P P 18 454210 Vending Machine Operators PP P P P 454310 Fuel Dealers P P 454390 Other Direct Selling Establishments P P P P P 48-49 Transportation and Warehousing 481 Air Transportation P P P 482 Rail Transportation P 483 Water Transportation ** 6 6 484 Truck Transportation P P 4851 Urban Transit Systems P P P P 4852 Interurban and Rural Bus Transportation 48531 Taxi Service P P P P P 48532 Limousine Service P P P P P 48541 School and Employee Bus Transportation P P P P 48551 Charter Bus Industry P P P P 485991 Special Needs Transportation P P P P P 485999 All Other Transit and Ground Passenger Transportation P P P P P 486 Pipeline Transportation ** 487 Scenic and Sightseeing Transportation P P P P P 4881 Support Activities for Air Transportation P P P 4882 Support Activities for Rail Transportation P 4883 Support Activities for Water Transportation ** 488390 Other Support Activities for Water Transportation P P P P P 4884 Support Services for Road Transportation C P P P 4885 Freight Transportation Arrangement (Office Only) P P P P P 6 6 4885 Freight Transportation Arrangement P P 488991 Packing and Crating C P P 488999 All Other Support Activities for Transportation C P P 491 Postal Service P P P P 492110 Couriers and Express Delivery Services P P P 492210 Local Messengers and Local Delivery P P P P 6 6 493 Warehousing and Storage P P 1717 493190 Other Warehousing and Storage P P 51 Information 511 Publishing Industries (except Internet) C P P P P 512110 Motion Picture and Video Production P P P 512120 Motion Picture and Video Distribution P P P 512131 Motion Picture Theaters (except Drive-Ins) P P P P P 512132 Drive-In Motion Picture Theaters P P P 512191 Tele-production and Other Postproduction Services P P P P P 18 18 512199 Other Motion Picture and Video Industries PP P P P 512210 Record Production P P P P P 512220 Integrated Record Production/Distribution P P P 51223 Music Publishers 51224 Sound Recording Studios P P P P P 51229 Other Sound Recording Industries 515 Broadcasting (except Internet) P P P P P 517 Telecommunications P P P P P 518 Data Processing, Hosting, and Related Services P P P P P 519 Other Information Services P P P P P 52 Finance and Insurance 521 Monetary Authorities-Central Bank P P P P P 522 Credit Intermediation and Related Activities P P P P P 523110 Investment Banking and Securities Dealing P P P P P 523120 Securities Brokerage P P P P P 523130 Commodity Contracts Dealing P P P P P P 523140 Commodity Contracts Brokerage P P P P P 523210 Securities and Commodity Exchanges P P P P P 523910 Miscellaneous Intermediation P P P P P P 523920 Portfolio Management P P P P P P 523930 Investment Advice P P P P P 523991 Trust, Fiduciary, and Custody Activities P P P P P P 523999 Miscellaneous Financial Investment Activities P P P P P 5241 Insurance Carriers P P P P P 5242 Agencies, Brokerages, and Other Insurance Related Activities P P P P P P P 52511 Pension Funds P P P P P 52512 Health and Welfare Funds 52519 Other Insurance Funds P P P P P P 5259 Other Investment Pools and Funds 53 Real Estate Rental and Leasing 531 Real Estate P P P P P P P 532111 Passenger Car Rental P P P P P 532112 Passenger Car Leasing P P P P P Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and 532120 P P P P Leasing 532210 Consumer Electronics and Appliances Rental P P P P P 532281 Formal Wear and Costume Rental 532282 Video Tape and Disc Rental P P P P P P P 532283 Home Health Equipment Rental 532284 Recreation Good Rental 532289 All Other Consumer Goods Rental P P P P P 532310 General Rental Centers P P P P P Commercial Air, Rail, and Water Transportation Equipment 532411 P P Rental and Leasing Construction, Mining, and Forestry Machinery and Equipment 7 532412 P P P P Rental and Leasing 532420 Office Machinery and Equipment Rental and Leasing P P P P P Other Commercial and Industrial Machinery and Equipment 18 532490 P P P P P Rental and Leasing Lessors of Nonfinancial Intangible Assets (except Copyrighted 533 P P P P P P Works) 54 Professional, Scientific, and Technical Services 5411 Legal Services P P P P P P 541211 Offices of Certified Public Accountants 541213 Tax Preparation Services 541214 Payroll Services 541219 Other Accounting Services 54131 Architectural Services 54132 Landscape Architectural Services 54133 Engineering Services P P P P P 54134 Drafting Services 54135 Building Inspection Services 54136 Geophysical Surveying and Mapping Services 50137 Surveying and Mapping (except Geophysical) Services 541380 Testing Laboratories P P P P 5414 Specialized Design Services 5415 Computer Systems Design and Related Services P P P P P 5416 Management, Scientific, and Technical Consulting Services Research and Development in the Physical, Engineering, Life 541713 P P Sciences, and Biotechnology Research and Development in the Social Sciences and 54172 Humanities P P P P P 5418 Advertising, Public Relations, and Related Services 54191 Marketing Research and Public Opinion Polling 541921 Photography Studios, Portrait P P P P P P P 541922 Commercial Photography C P P P P 541930 Translation and Interpretation Services P P P P P 8 8 8 541940 Veterinary Services P P P P P P 541990 All Other Professional, Scientific, and Technical Services P P P P P 55 Management of Companies and Enterprises P P P P P Administrative and Support, Waste Management, and 56 Remediation Services 5611 Office Administrative Services 5612 Facilities Support Services P P P P P 5613 Employment Services 5614 Business Support Services 561510 Travel Agencies P P P P P P P 56152 Tour Operators 56159 Other Travel Arrangement and Reservation Services P P P P P 56161 Investigation, Guard, and Armored Car Services 561621 Security Systems Services (except Locksmiths) 561622 Locksmiths P P P P P P P 561710 Exterminating and Pest Control Services P P P P P 561720 Janitorial Services P P P P P P 561730 Landscaping Services P P P P P 561740 Carpet and Upholstery Cleaning Services P P P P P 561790 Other Services to Buildings and Dwellings P P P P P P 5619 Other Support Services P P P P 562111 Solid Waste Collection P P 562112 Hazardous Waste Collection C 562119 Other Waste Collection P P 5622 Waste Treatment and Disposal C 5629 Remediation and Other Waste Management Services P P P 61 Educational Services 6111 Elementary and Secondary Schools 6112 Junior Colleges P P P P P P 6113 Colleges, Universities, and Professional Schools 611410 Business and Secretarial Schools C C P P P 61142 Computer Training 61143 Professional and Management Development Training 611511 Cosmetology and Barber Schools P P P P P 611512 Flight Training 611513 Apprenticeship Training 9 9 611519 Other Technical and Trade schools P P P P P 6116 Other Schools and Instruction P P P P P 6117 Educational Support Services 62 Health Care and Social Assistance 6211 Office of Physicians 6212 Office of Dentists P P P P P P 6213 Office of Other Health Practitioners 621410 Family Planning Centers C P P P P 621420 Outpatient Mental Health and Substance Abuse Centers C P P P P 621491 HMO Medical Centers P P P P P 621392 Kidney Dialysis Centers C P P P P 621493 Free Standing Ambulatory Surgical and Emergency Centers 621498 All Other Outpatient Care Centers 6215 Medical and Diagnostic Laboratories 6216 Home Health Care Services 6219 Other Ambulatory Health Care Services 622 Hospitals C P P P P 623110 Nursing Care Facilities (Skilled Nursing Facilities) P P P P P P 623210 Residential Intellectual and Developmental Disability Facilities P P P P P P 623220 Residential Mental Health and Substance Abuse Facilities P P P P 623311 Continuing Care Retirement Communities P P P P P P 623312 Assisted Living Facilities for the Elderly P P P P 62399 Other Residential Care Facilities P P P P 624 Social Assistance P P P P 624410 Child Day Care Services P P P P P P 71 Arts, Entertainment, and Recreation 7111 Performing Arts Companies P P P P P 711211 Sports Teams and Clubs 711212 Racetracks ** 711219 Other Spectator Sports 7113 Promoters of Performing Arts, Sports, and Similar Events P P P P P Agents and Managers for Artists, Athletes, Entertainers, and 7114 Other Public Figures 7115 Independent Artists, Writers, and Performers 712 Museums, Historical Sites, and Similar Institutions P P P P P 71311 Amusement and Theme Parks P P P P P P P P P P 713120 Amusement Arcades 10 10 10 10 10 7132 Gambling Industries ** 71391 Golf Courses and Country Clubs P P P P P 71392 Skating Facilities 71393 Marinas ** 71394 Fitness and Recreational Sports Centers P P P P P P 71395 Bowling Centers All Other Amusement and Recreation Industries except shooting P P P P P 713990 11 11 11 11 11 range and slot machines. 72 Accommodation and Food Services P P P P P 721110 Hotels (except Casino Hotels) and Motels 12 12 12 12 12 721120 Casino Hotels ** 721191 Bed-and-Breakfast Inns P P P P P P P 721199 All Other Traveler Accommodation ** 721211 RV (Recreational Vehicle) Parks and Campgrounds ** 721214 Recreational and Vacation Camps (except Campgrounds) 721310 Rooming and Boarding Houses P P P P P P P 722310 Food Service Contractors P P P P P 722320 Caterers P P P P P 722330 Mobile Food Services P P P P 722410 Drinking Places (Alcoholic Beverages) P P P P P P 7225 Restaurants and Other Eating Places P P P P P P 81 Other Services, except Public Administration P P P P P 8111 Automotive Repair and Maintenance (except Truck Repair) 15 15 15 15 15 P P P 8111 Automotive Repair and Maintenance (Truck Repair) 15 15 15 811211 Consumer Electronics Repair and Maintenance P P P P P P 811212 Computer and Office Machine Repair and Maintenance P P P P P 811213 Communication Equipment Repair and Maintenance P P P P P P Other Electronic and Precision Equipment Repair and 811219 P P P P P P Maintenance Commercial and Industrial Machinery and Equipment (except 811310 P P P Automotive and Electronic) Repair and Maintenance 811411 Home and Garden Equipment Repair and Maintenance P P P P P 811412 Appliance Repair and Maintenance 81142 Reupholstery and Furniture Repair P P P P P P 81143 Footwear and Leather Goods Repair 81149 Other Personal and Household Goods Repair and Maintenance 8121 Personal Care Services P P P P P P P 81221 Funeral Homes and Funeral Services P P P P P 13 812220 Cemeteries and Crematories P P 13 13 13 13 13 812310 Coin-Operated Laundries and Drycleaners P P P P P P P 812320 Dry Cleaning and Laundry Services (except Coin- Operated) P P P P P P P 18 812331 Linen Supply PP P P P 812332 Industrial Launderers P P C C C C C C 812910 Pet Care (except Veterinary) Services 14 14 14 14 14 14 812921 Photofinishing Laboratories (except One-Hour) P P P P 812922 One-Hour Photofinishing P P P P C P P P P 812930 Parking Lots and Garages 16 16 16 16 16 812990 All Other Personal Services C P P P P 813110 Religious Organizations P C P P P P 8132 Grantmaking and Giving Services P P P P P P 8133 Social Advocacy Organizations 8134 Civic and Social Organizations 81391 Business Associations 81392 Professional Organizations C P P P P 81393 Labor Unions and Similar Labor Organizations 81394 Political Organizations Other Similar Organizations (except Business, Professional, 813990 C C C C P P P Labor, and Political Organizations) 92 Public Administration P P P P P Parking ramps and structures P C P C Commercial/Ind. PUD (ref. to Section 106-636) C C C C C C C Outdoor sales as accessory use P P Outdoor storage as accessory use P P Off-site parking C C C C Unlisted uses, similar to uses listed above C C C C C C C Footnotes: ** Non-classified use categories. 1 Within the overlay portion, residential activities are only allowed above the first floor. 2 Single family detached prohibited in main street overlay zone, but permitted in main street district. 3 Artisan shops are allowed (see Section 106-480 (Artisan Shop), 106-500 (Artisan Shop), 106-514 (Artisan Shop). 4 No storage or sale of fireworks. 5 Truck Stop shall only be permitted in Business Industrial districts on truck routes along Barbour's Cut Boulevard, State Hwy 225 and State Highway 146 (north of Barbour's Cut Blvd). No construction of any kind shall be permitted within setbacks for BI zone. 6 Must be adjacent to high frequency truck roads as shown on High Frequency Truck Road Map (Ref. Section 106-746). 7 Only allowed along State Highway 146. 8 Livestock prohibited on premises. 9 Truck schools prohibited. 10 Refer to Chapter 10 of the Code of Ordinances (must be at least 300 feet from church, school, or hospital & measured from property line to property line). 11 Shooting range is a conditional use. 12 Hotels and Motel Uses. Hotels and motels are allowed as a conditional use under this Chapter when within 250 feet of residential zoned properties (R-1, R-2, R-3, MH, and LL zoning districts). All hotel and motels are required to install and operate a security and surveillance system to monitor the parking lot area and all ingress/egress points to the buildings. 13 Crematories prohibited. 14 Dog grooming. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. 15 No vehicle may be parked outside for longer than two weeks. 16 Parking of commercial motor vehicles, including truck tractors not in combination with trailers, prohibited. 17 Automobile dead storage must be fully contained within an enclosed building. Use must be located adjacent to high frequency truck roads as shown on High Frequency Truck Route Map 18 Proposed use must be located on a parcel that is no greater than 1.5 acres and building and/or buildings where use is located may not exceed 15,000 sq. ft. Uses shall not be permitted in the Main Street Overlay. All permitted uses in commercial and industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. \[źŭŷƷźƓŭ ğƓķ ŭƌğƩĻ͵ Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one foot-candle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 foot-candles (meter reading) as measured from such property. B. wğķźğƷźƚƓ ğƓķ ĻƌĻĭƷƩźĭğƌ ĻƒźƭƭźƚƓƭ͵ No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. {ƒƚƉĻ͵ The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. 5ǒƭƷ ƚƩ ƚƷŷĻƩ ƦğƩƷźĭǒƌğƷĻ ƒğƷƷĻƩ͵ The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. hķƚƩƭ͵ The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F. 9ǣƦƌƚƭźǝĻƭ͵ No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G. bƚźƭĻ͵ All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band Frequency Maximum Sound Levels - Decibels Cycles per Second Lot Line Residential District Boundary 20 to 75 78 63 75 to 150 74 59 150 to 300 68 55 300 to 600 61 51 600 to 1,200 55 45 1,200 to 2,400 49 38 2,400 to 4,800 43 31 Above 4,800 41 25 Impact noise 80 55 Between the hours of 10:00 P.M. and 6:00 A.M. the permissible sound levels beyond residential district boundaries (both Column II and Impact) shall be six decibels less than shown above. In distances where it is determined that a proposed land use may generate a level of noise that will impact on surrounding land uses, the planning and zoning commission and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening and landscaping techniques. H. IƚǒƩƭ ƚŅ hƦĻƩğƷźƚƓ͵ Hours of operation are limited for truck stops adjacent to residential areas only. The facility shall only operate during the hour of 6:00 a.m. to 9:00 p.m. and no overnight facilities are allowed on the premises. Section 3: That Section 106- Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-331. - Table A, residential uses. P (abc)Permitted uses (subject to designated criteria established in section 106-334 (Special use performance standards; residential)). PPermitted uses. AAccessory uses (subject to requirements of section 106-741 (General provisions)). CConditional uses (subject to requirements of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments) and designated criteria established in section 106-334 (Special use performance standards; residential) as determined by the planning and zoning commission). *Not allowed. Uses (NAICS Code #) Zones R-1 R-2 R-3 MH LL Agriculture, Forestry, Fishing and Hunting (111110-111199) P P P P P Agricultural production, (animal specialties - breeding or sale) C * * * C Bed and breakfast as defined by section 106-1 (Definitions) (721191) C(h) C(h) C(h) * C(h) All other animal production, limited to dogs and cats, on residential large lot l A A C C A (112990) Pet care (except veterinary) services, limited to boarding kennels only (812910) * * * * P Domestic livestock-With an existing principal structure on the property (cattle, horses, swine, sheep, goats, chickens, and geese) Single-family residential, A A A A A large lot Domestic livestockWithout an existing principal structure on the property (permitted in large lot district, but only if tract is one acre in size or greater) * * * * P including cattle, horses, swine, sheep, goats, chickens, and geese Industrialized housing on a permanent foundation P P P P P Single-family dwelling, detached P P P P P Single-family dwelling, special lot * P P P * Single-family dwellings, zero lot line (patio homes, etc.) * P P * * Duplexes, double bungalows (two-family dwelling units) * P P * * Townhouses/Condominium * P(I) P(I) * * Conversion of single-family dwellings to duplexes (or no more than two-family * P P * * dwellings) Tri-plexes and quadraplexes (three and four-family dwelling units) * P(I) P(I) * * Multi-family (more than four dwelling units) * * P(I) * * 34 unit multi-family dwellings * P P * * Multi-family (over 4 units) * * P * * Modular housing on a permanent foundation system section 106-1 (Definitions) P P P P P Manufactured housing subdivisions restricted to H.U.D. certified mobile homes; min. width 20 feet, min. shingled roof pitch 3:12, permanent foundation system; * C(a) C(a) P(a) * siding similar to surrounding residential Manufactured housing subdivisions (restricted to H.U.D. certified mobile homes * C(a) * * on permanent foundation systems) P Manufactured housing parks * * * * (a,d,f) Manufactured housing * * * P * Group care facilities providing food and shelter to persons who are unrelated to the proprietor of the establishment (623) 3 or less persons P (j) P (j) P (j) P (j) P (j) P P 4 or more persons P (k) P (k) P (k) (k) (k) Childcare home in private home (services no more than 6) P P P P P Daycare centers (services more than 6) (624410) * P P P * Freestanding on-premises identification sign; townhouses, multi-family developments, group care facilities (not located within a residential See article VII of this chapter neighborhood), subdivisions, education and religious facilities Residential PUD (refer to section 106-636 (Planned unit development * C C C * procedures)) Public parks and playgrounds P P P P P Recreational buildings and community centers C P P P C P P Religious institutions (813110) C P (AB) C (AB) (AB) Public or private educational institutions limited to elementary, junior and senior C P P P C high (611110) Junior colleges and technical institutes (611210 and 6115) * C P * * Boarding homes (721310) * P P * * Civic, social and fraternal organizations (8134) * * C * * Convalescent homes, sanitarium, nursing or convalescent homes * * P * * Private garages, carports and off-street parking (associated with residential uses) A A A A A Storage of equipment behind a screening device (permitted in large lot district, A A A A P but only if tract is one acre in size or greater) Storage of recreational vehicles or boats A A A A A Storage of equipment in an accessory building or behind a screening device A A A A A Home occupations A A A A A Noncommercial greenhouses A A A A A Noncommercial recreation facilities associated with residence A A A A A Noncommercial tool houses, barns, sheds, storage buildings (associated with A A A A P residence, except in large lot district for tracts one acre in size or greater) Boarding or renting of rooms (1 person max.) A A A A A Off-street loading (refer to section 106-840 (Off-street loading requirements) * * * * * Off-street parking (refer to See article VI of this chapter) A A A A A Petroleum pipelines (restricted to existing pipeline corridors) P P P P P Residential density bonus, as provided in section 106-334(g) (Density bonus) C C C C C Secondary dwelling units C P P * C Yard Parking, as defined by section 106-334 (e) (Compatible alterations and * * * * * adequate parking) Section 4: That Section 106- Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-333. - Table B, residential area requirements. (a) Table B, residential area requirements. Maximum Minimum Lot Minimum Yard Minimum Minimum Minimum Coverage/ Lot Setbacks Maximum Site Development 8 Uses Lot Width Minimum 15 Area/D.U. L.F. F.R.S. Height Area/Unit Open Space/ L.F. Landscaping 2, 3, 4, 5, 6, 10, 7, 16 17 S.F. S.F. Unit S.F. 9, 18, Required 11, 12, 13, 14 19 9100 Single-family 6000 50 25-15-5 35 Ft. 4.8 40%/N/A detached DU/A 43560 Single-family large lot 43560 90 25-15-5 45 Ft. 1.0 40%/N/A DU/A 7300 Single-family special 4500 40 20-10-0 35 Ft. 6.0 Footnote # 1 60%/N/A lot line, 0 lot line DU/A 8.0 Duplexes 6000 60 25-20-20 45 Ft. Footnote # 1 60%/N/A DU/A Single-family converted to 6000 50 20-10-5 35 Ft. N/A N/A 50%/N/A multifamily Townhouses, 4400 quadraplexes (10,000 2000 20 25-20-20 45 Ft. 10.0 Footnote # 1 75%/25% s.f of site area 100 ft. DU/A wide) 1600 Multifamily 20000 100 25-20-20 45 Ft. 20 Footnote # 1 60%/25% DU/A 7300 Manufactured 4500 40 20-10-5 25 Ft. 6.0 Footnote # 1 60% housing DU/A 100 of Manufactured front housing subdivision or N/A N/A N/A N/A N/A/N/A road parks (5 acre min.) frontage State Licensed & Registered Child-care homes (Max. 12 in 9100 private home; per TX 6000 50 25-15-5 35 Ft. N/A 40% / N/A 4.8 DU/A Dept. of Family & Protective Services, Ch. 747) Group care facilities9100 6000 50 25-15-5 35 Ft. N/A 40% / N/A 3 or less persons 4.8 DU/A Public or private educational and religious institutions, large group care 30-20-10 45 Ft. N/A N/A N/A facilities, daycare centers, recreational buildings, boarding, and nursing homes Freestanding on- See article VII of this chapter premises signs Large lot district where tract is one acre in size or greater (without existing See section 106-416 (Special regulations) principal structure) Accessory structure/domestic livestock TABLE B FOOTNOTES Lot Size Required Developed Open Space/Lot 50006000 Sq. Ft. 200 Sq. Ft. 40004999 Sq. Ft. 300 Sq. Ft. 30003999 Sq. Ft. 400 Sq. Ft. 20002999 Sq. Ft. 500 Sq. Ft. a. Minimum size of developed open space: One-half acre for every 80 units or fraction thereof. (i) For multi-family residential developments: Minimum of 25 percent of the total development regardless of size of development. (ii) For townhouse/quadraplex developments: One-half acre for every 80 units or fraction thereof. b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the conditions established in sections 106-676 (Property controls), 106-677 (Public services), 106-678 (Building height), and 106-679 (Roadways), with all documentation required to be submitted for filing in conjunction with the final plat. (See also the City Development Ordinance Number 1444, section 4.04 which is on file in the city secretary's office.) 2 A minimum landscape 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 landscaped 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 into any utility easement or vertical 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 only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall the minimum front yard setback exceed 30 feet. 5 All side yards adjacent to public R.O.W.'s not classified as freeway, arterial or collector must be five feet except accessory building (see Section 106-741). All side yards adjacent to public R.O.W's classified as freeway, arterial or collector must be 10 feet. 6 In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7 D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. 8 All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external forces as defined by the City's Code of Ordinances 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, if one is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the City's Code of Ordinances. 9 See article V, division 4 of this chapter for additional requirements. 10 In the case of multi-family residential developments, said complexes must be located at least 1,000 feet from other multi-family residential developments. 11 Within the building setback, there must be a ten-foot opaque screen consisting of shrubs and fencing. (See section 106-334(i) (Additional multi-family regulations) for screening and fencing requirements.) 12 Residential developments that are townhouses, quadraplexes, or multi-family dwelling units must have a minimum of 25 percent landscaping. 13 Multi-family residential developments adjacent to single-family residential developments must establish a 25-foot buffer between the two developments. This buffer is in addition to the setback as established by this table. 14 In the case of multi-family residential developments, no off-street parking shall be placed within the required setback, or within the required additional 25-foot buffer when the development is situated adjacent to a single-family residential development. The space needed to meet the required parking spaces shall be exclusive of the required setback and the additional buffer. 15 In the case of multi-family residential developments being adjacent to single-family residential developments, the buildings within the multi-family residential developments that are directly adjacent to the single-family residential development shall be limited to two-stories in height. Buildings within the interior of the multi-family residential developments may be three-stories in height. 16 Multi-family residential developments must contain a minimum of 100 units with a maximum of 300 units, per development. 17 See section 106-334(i)(3) for open space utilization criteria. 18 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. 19 Maximum lot coverage for single-family detached in planned unit development (PUD) zoning district or residential subdivisions requiring a detention/drainage system, shall be 50 percent. (The impervious cover factor of 55 percent for the total site for drainage, as prescribed in PICM, remains in effect.) Section 5: That Section 106- Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-742. - Domestic livestock. (a) Domestic livestock (cattle, horses, swine, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of one acre (43,560 square feet), provided that all domestic livestock as defined above be restrained by a properly constructed and maintained fence no closer than five feet from property that is not devoted to the keeping of domestic livestock or by a perimeter property (exterior) fence of such construction so as to be impenetrable by livestock and to prevent intrusion into neighboring residential properties, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (1) Two cows per acre. (2) Two horses per acre. (3) Two swine per acre. (4) Two sheep or goats per acre. Plus one head for each additional one-half acre of land on the same parcel. (b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, swine, cows, or horses) shall be cumulative. In the event of fowl or recreational livestock in the large lot uses, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl grazing or recreational livestock be such as to create a health hazard or nuisance. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of livestock or fowl for the purpose of breeding, commercial feeding or sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 106-331 (Table A, residential uses). (d) Large lot district only. (1) Recreational livestock is a permitted accessory use kept on tracts of contiguous land (under one ownership) totaling one acre in size or larger. (2) For any pre-existing, nonconforming livestock use, without the required primary structure in existence prior to this article, shall be permitted upon submittal and subsequent city approval. Upon such approval registration form shall be issued to the property owner. (3) Recreational livestock concentration shall not exceed grazing livestock concentration unless the following provisions are met: a. A barn and/or similar structure adequate to house livestock is provided to accommodate the number of livestock regardless of type; b. Proper maintenance/care is adequately provided; and c. The site shall be maintained to avoid any public nuisance Section 6: That Section 106- the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-773. - Exterior storage. In residential zones, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties and any public right-of-way, except for the following: (1) Clothesline poles and wires; (2) Construction and landscaping material currently being used on the premises; (3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter; (4) Firewood, compost, or residential lawn and garden tools; (5) Portable Storage containers that are less than 175 sq. ft. in area, may be permitted on an improved surface for up to 30 days. Use of said storage container in excess of 30 days, requires approval by the Planning and Development Director. Section 7: That Section 106-- e City of La Porte, Texas, is hereby amended by changing table in said section, and shall hereinafter read as follows: MINIMUM NUMBER OF REQUIRED PARKING SPACES 2017 NAICS Code 2017 NAICS Title (combination) Section 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 TWO THOUSAND DOLLARS ($2,000.00). Section 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. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 11. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. 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 12. 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. th PASSED AND APPROVED this the 24 day of SEPTEMBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney City of La PortePlanning and Development Department Established 1892 August 17, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Proposed Ordinance Amending Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the August 16, 2018 meeting to consider approval of an ordinance amending certain provisions of Chapter 106 These proposed changes are based on the annual review of Chapter 106 conducted by the Planning and Zoning Commission. The Commission voted 6-0 to recommend approval of the provisions as included in the drafted ordinance presented in the Request for City Council Agenda Item. Respectfully submitted, Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: September 24, 2018 Source of Funds: Requested By: Lorenzo Wingate, City Engineer Account Number: Department: Public Works Amount Budgeted: Report: ___ Resolution: _____ Ordinance: _______ Amount Requested: Budgeted Item: YES NO Exhibit: DRAFT MOD Funding Breakdown Harvey Exhibit: Public Hearing Notice SUMMARY & RECOMMENDATION The U.S. Department of Housing and Urban Development (HUD) allocated Harris County $1.115 billion in CDBG-DR funding through the Texas General Land Office (GLO) and has developed a Method of Distribution (MOD) to allocate funding to local cities. Through the MOD, the City of La Porte has been allocated $3,472,757 in CDBG-DR funding for infrastructure project(s) damaged or that failed to function during Hurricane Harvey. Additionally, the project must principally benefit those of low and moderate income areas. Eligible Activities under CDBG-DR Infrastructure/Non-housing funding include: Flood control and drainage repair and improvements, including the construction or rehabilitation of storm water management systems; Restoration of publically owned infrastructure (such as water and sewer facilities, streets/bridges, provision of generators, etc.) Demolition, rehabilitation/reconstruction of publicly-owned commercial, institutional, or industrial buildings and code enforcement. Ineligible Activities under CDBG-DR Infrastructure/Non-housing funding include: To enlarge a dam or levee beyond the original footprint of the structure To assist privately-owned utility for any purpose To assist building/facilities used for the general conduct of government (e.g. city halls, courthouses, and emergency operation centers) Funding recipients are required to hold one public meeting regarding their CDBG-DR allocation and their intended projects before submission of applications. Mid-September 2018- Release CDBG-DR Infrastructure Application/RFP Mid-October 2018 CDBG-DR Infrastructure Application Due Date November 2018- Harris County completes CDBG-DR Infrastructure projects submission packet and releases for 14-day public comment period and 2 public hearings December 4, 2018 CDBG-DR Infrastructure projects submission packet submitted to Court for approval and resolution to submit January 2019- GLO executes CDBG-DR Infrastructure contract with Harris County Benefits: Funding provides opportunity to address drainage issues within the City with minimal impact to budget. This Public Hearing may reveal other potential projects desired by the public for this allocation. Liabilities: Would not fulfill citizen participation requirement necessary to submit CDBG-DR application by not having public hearing, thus not allowing access to funding allocation, thereby further delaying timing of flood mitigation efforts. Operating Costs: No Impact. Action Required by Council: Conduct public hearing to receive public comment(s) regarding for the Community Development Block Grant - Disaster Recovery (CDBG-DR) Round 1 funds for the Hurricane Harvey and the allocation of $3,472,757 to the City. Approved for City Council Agenda Corby D. Alexander Date DRAFT Non-Housing Model DRAFT Non-Housing Allocation (MOD) = $120,000,000$ 222,519,672 First Distribution Factor: Damage levelSecond Distribution Factor: LMI %Third Distribution Factor: Amount Unmet Need Fourth Distribution Factor: Maximum Factor Measure:488853463.3400Maximum Factor 68.4600Maximum Factor Measure:167243263.1200Maximum Factor 0.0000 Factor Weight:60Factor Weight:10Factor Weight:30Factor Weight: City, County or Eligible Non-Housing Weighted Factor Weighted Weighted Factor Entity Factor Factor Proportional Allocation for Factor Measure Weight Factor Measure Weight Factor Factor Measure Weight Factor Measure Weighted Factor Factor Measure (FM)Measure Factor Measure (FM)Measure Weight (W) Entity Weighted Weighted Weighted Formulaic Proportional Maximum (FMmax)(W)Wx(FM/F Maximum (W)Wx(FM/F Maximum (FMmax)(W)Wx(FM/F Maximum Wx(FM/FMmax) (FM)(FM)Factor Total Factor Total Factor (PWF) Distribution Distribution PWF Mmax)(FMmax)Mmax)Mmax)(FMmax) (EWFtot)(WFtot)EWFtot/WFtot(NHA)x NHA Harris County$ 488,853,463.34$ 488,853,463.3460 60 37.8568.4610 5.528776$ 167,243,263.12$ 167,243,263.12 30 30 95.52877593186.30045890.51276726$120,000,000.00$61,532,071 Pasadena$ 32,257,990.14$ 488,853,463.3460 3.959222 52.1368.4610 7.614665$ 6,982,920.96$ 167,243,263.12 30 1.252592 12.82647987186.30045890.068848354$120,000,000.00$8,26 1,802 Friendswood$ 24,292,147.71$ 488,853,463.3460 2.9815251 15.3568.4610 2.242185$ 9,006,500.64$ 167,243,263.12 30 1.615581 6.839291186186.30045890.036711081$120,000,000.00$ 4,405,330 Bellaire$ 21,016,582.60$ 488,853,463.3460 2.5794948 9.3868.4610 1.370143$ 13,429,383.59$ 167,243,263.12 30 2.408955 6.358593004186.30045890.03413085$120,000,000.00$4,095, 702 Baytown$ 18,619,782.06$ 488,853,463.3460 2.2853207 47.2768.4610 6.904762$ 5,913,891.49$ 167,243,263.12 30 1.06083 10.25091301186.30045890.055023552$120,000,000.00$6,602 ,826 South Houston$ 12,112,968.02$ 488,853,463.3460 1.4866993 58.5468.4610 8.550979$ 2,751,178.07$ 167,243,263.12 30 0.493505 10.53118267186.30045890.056527948$120,000,000.0 0$6,783,354 Humble$ 9,733,781.56 $ 488,853,463.3460 1.194687 54.7268.4610 7.992989$ 3,448,011.25$ 167,243,263.12 30 0.618502 9.806177907186.30045890.052636359$120,000,000.00$6,31 6,363 La Porte$ 5,284,591.35 $ 488,853,463.3460 0.6486105 30.3568.4610 4.433246$ 1,726,018.29$ 167,243,263.12 30 0.309612 5.391468339186.30045890.028939641$120,000,000.00$3 ,472,757 Katy$ 4,155,600.56 $ 488,853,463.3460 0.5100425 33.1768.4610 4.845165$ 1,763,912.24$ 167,243,263.12 30 0.31641 5.671617101186.30045890.030443388$120,000,000.00$3,653, 207 Deer Park$ 3,296,325.37 $ 488,853,463.3460 0.4045783 27.1268.4610 3.961437$ 936,959.97 $ 167,243,263.12 30 0.168071 4.534087013186.30045890.024337498$120,000,000.0 0$2,920,500 Jacinto City$ 1,981,620.57 $ 488,853,463.3460 0.2432165 54.8168.4610 8.006135$ 318,826.21 $ 167,243,263.12 30 0.057191 8.306542343186.30045890.044586806$120,000,00 0.00$5,350,417 Galena Park$ 1,534,039.06 $ 488,853,463.3460 0.1882821 68.4668.4610 10$ 373,779.94 $ 167,243,263.12 30 0.067048 10.2553305186.30045890.055047264$120,000,000.00$6,6 05,672 Weighted Factor Total:186.30045891.00$120,000,000.00 THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE PUBLIC HEARING TEXAS GENERAL LAND OFFICE (TXGLO) COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR) PROGRAM The City of La Porte will hold a public hearing at 6:00 p.m. on September 24, 2018, at the City Hall Council Chambers, 604 W Fairmont Parkway, La Porte, TX 77571, regarding Distribution (MOD) for the Community Development Block Grant - Disaster Recovery (CDBG-DR) Round 1 funds for the Hurricane Harvey and the allocation of $3,472,757 to the city. The U.S. Department of Housing and Urban Development (HUD) allocated Harris County $1.115 billion in CDBG-DR funding through the Texas General Land Office (GLO) and has developed a MOD to allocate funding to local cities. The City is seeking input on the community needs resulting from the Hurricane Harvey and the projects needed to assist with recovery within the city. Citizens are encouraged to attend this public hearing to discuss non-housing, community development needs, available funding, eligible activities, past use of funds, development of GLO CDBG-DR application(s), and local efforts to affirmatively further fair housing. Public comments will be accepted in the Office of the City Secretary at the above address from today until October 19, 2018. Citizens wishing to address the Council, pro or con, during the Public Hearing, will be required to sign in before the meeting is convened. CITY OF LA PORTE Patrice Fogarty City Secretary THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS FOR INTERPRETIVE SERVICES - 471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested September 24, 2018 Source of Funds: N/A Requested By: Patrice Fogarty Account Number: N/A Department: City Secretary Amount Budgeted: N/A Report Resolution: X Ordinance: Amount Requested: N/A Exhibit: Resolution Budgeted Item: YES NO SUMMARY & RECOMMENDATION According to H- and one as an alternate to the H-GAC General Assembly and Board of Directors. H- stipulate that the representative is also the General Assembly delegate; and as such, is also designated to serve on H- The 2019 designated representatives begin their term of office the first of January. The 2018 representative is Chuck Engelken, and the alternate is Jay Martin. Chuck Engelken has agreed to serve again as representative; however, Jay Martin will step aside to give another councilmember an opportunity to serve as alternate. Action Required by Council: Consider approval or other action of a Resolution appointing one representative and one alternate to the H-GAC 2019 General Assembly and Board of Directors. Approved for City Council Agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2018 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SELECTING A REPRESENTATIVE AND AN ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2019 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. * * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the following individuals be and are hereby selected as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2018: REPRESENTATIVE: CHUCK ENGELKEN ALTERNATE: _____________________ Section 2. That the hereinabove named representative and alternate are hereby selected as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 2019. Section 3. That the Executive Director of the Houston-Galveston Area Council be notified of the selection of the hereinabove named representative and alternate. th PASSED and ADOPTED this the 24 day of September, 2018. CITY OF LA PORTE By: ________________________ Louis R. Rigby Mayor ATTEST: ___________________ Patrice Fogarty City Secretary Council Agenda Item September 24, 2018 9 (a)Receive report of the Fiscal Affairs Committee Councilmember Engelken ***********************************************************************************