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04-08-19 Regular Meeting of the La Porte City Council
Office of the Mayor WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services; and WHEREAS, ; and WHEREAS, ; and WHEREAS, ; and WHEREAS, public safety dispatchers are the single vital link for our police officers, firefighters, and paramedics by monitoring their activities by radio, providing them information, and insuring their safety; and WHEREAS, I, Louis R. Rigby, Mayor, do hereby proclaim April 14 20, 2019, as NOW, THEREFORE, National Public Safety Telecommunications Week in the City of La Porte, in honor of the men and women whose diligence and professionalism keep our city and citizens safe from harm. In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be th affixed hereto, this the 8 day of April, 2019. City of La Porte ______________________________ Office of the Mayor WHEREAS, the National Animal Control Association has designated the second week of April each year as Animal Control Officer Appreciation Week; and WHEREAS, the various federal, state and local government officials throughout the country take this time to recognize, thank, and commend all Animal Control officers and staff for the dedicated service they provide to various public safety and public service agencies and departments across the country; and WHEREAS, the City of La Porte Animal Control officers and staff provide outstanding service on a daily basis to the residents of the City; and WHEREAS, Animal Control officers and staff dedicate many long hours of service to this and most efficient level of customer service; and WHEREAS, the service provided by the Animal Control officers and their staff is in keeping with the long and distinguished tradition of the animal control profession. NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim April 7 13, 2019, as National Animal Control Officers Appreciation Week In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be th affixed hereto, this the 8 day of April, 2019. City of La Porte ______________________________ Office of the Mayor WHEREAS, the ; and WHEREAS, these volunteers are committed to serving law enforcement and the general public by promoting and advancing the Citizens Police Academy; and WHEREAS, as a graduate of the La Porte Citizen Police Academy (LPCPA), one automatically becomes a member of the LPCPAAA; and WHEREAS, during this week, all over the nation volunteers will be recognized for their commitment to service; and WHEREAS, our La Porte Citizen Police Academy Alumni Association provided 3,835 hours of volunteer service to the City of La Porte last year, making possible countless meaningful community initiatives; and WHEREAS, these volunteers are recognized as a great treasure to our community and an essential part of our future as a caring and productive city. NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim April 7-13, 2019, as part of National Volunteer Week, La Porte Citizens Academy Alumni Association Week in La Porte, Texas, and urge my fellow citizens to volunteer in their community. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion. In Witness Whereof, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 8th day of April 2019. City of La Porte ______________________________ LOUIS RIGBY BILL BENTLEY Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 STEVE GILLETT 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 MARCH 23, 2019 The City Council of the City of La Porte met in a special meeting on Saturday, March 23, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 8:00 a.m., with the following in attendance: Councilmembers present: Louis Rigby, John Zemanek, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Kristin Martin, Jay Martin, Nancy Ojeda Councilmembers absent: None Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary CALL TO ORDER – Mayor Rigby called the meeting to order at 8:30 a.m. 2. PRESENTATION, DISCUSSION AND POSSIBLE ACTION The purpose of this meeting is to discuss and formulate City Council and staff plans, operations, policies, and/or future projects, including the following: (a) Financial Overview. \[Michael Dolby, Finance Director\] (b) Medical & Health Insurance Update. \[Matt Hartleib, Human Resources Manager\] (c) City Facility Maintenance Program (Councilmember Engelken) \[Roz Epting, Parks and Recreation Director\] Councilmember Engelken asked that Parks bring back a plan to address concerns while keeping budgetary constraints in mind. Councilmember Gillett suggested looking at creating a Building Maintenance Division, as an internal service fund similar to Motor Pool. (d) Library Flooring & Repainting. \[Roz Epting, Parks and Recreation Director\] Mayor Rigby confirmed there was no Council objection to adding the $120,000 request as presented to the budget process. (e) Fitness Center (Councilmembers J. Martin and Zemanek) \[Corby Alexander, City Manager and Roz Epting, Parks and Recreation Director\] Director Epting noted the final estimate of $14,871,262.75 (not including land acquisition) had only arrived yesterday from PGAL Architects, but City Manager Alexander cautioned that these were estimates only, that the Council would decide an all-in number and value-engineer back to possible improvements. Councilmember Gillett expressed concerns on the architectural and flow layout and advocated for professional design review. Councilmember Earp moved retaining a consultant to entertain cost analysis options for up to four options for a facility (on another location, using additional EDC funding for a fitness center on the bay, remodeling of the SPORT/Senior facilities). The motion was adopted, 8-1, Councilmember Gillett voting against. (Councilmember Bentley stepped away from the meeting from 10:13-10:18. The Council took a brief recess from 10:20-10:36 a.m. Councilmember Ojeda returned at 10:37 a.m.) Page 1 of 4 March 23, 2019, Council Meeting Minutes th (f) 7 Street Widening-Concrete Paving & Sidewalks (Councilmember K. Martin) \[Don Pennell, Public Works Director\] Mayor Rigby confirmed there was no Council objection to adding the project request as presented to the budget process. (g) EMS Headquarter Expansion. \[Ray Nolen, EMS Chief\] (Councilmember Engelken stepped away from the meeting from 10:52-10:59 a.m.) Mayor Rigby confirmed there was no Council objection to moving forward with the item as presented for the budget. (h) Additional EMS Captain. \[Ray Nolen, EMS Chief\] Mayor Rigby confirmed there was no Council objection to moving forward with the item as presented. (i) Fire Field Propane Project. \[Donald Ladd, Assistant Fire Chief Mayor Rigby confirmed there was no Council objection to moving forward with the item as presented. (j) Bay Forest Golf Course Capital Improvement Projects. \[Alex Osmond, Golf Course Manager\] Mayor Rigby confirmed there was no Council objection to moving forward with the item as presented but with an eye to accomplishing all over three years with an annual review. (The Council recessed for lunch from 11:56 a.m.-12:37 p.m. Councilmember Kristin Martin returned at 12:38 p.m.) (k) IT Private Fiber Network. \[Grady Park, IT Manager\] Mayor Rigby confirmed there was no objection to consultation with LP ISD to discuss their plans for fiber installation as long as looking into other vendor contract options, especially if a multi-year process was considered. (l) Convert Northwest Park & Little Cedar Bayou Park Lights. \[Roz Epting, Parks and Recreation Director\] Mayor Rigby confirmed there was no Council objection to moving forward with the item as presented. (m) Klein Retreat Park Options (Councilmember Earp) \[Roz Epting, Parks and Recreation Director\] Councilmember Earp noted he had brought this forward for the agenda when he thought the rec center would not be placed here, but acknowledged it would now be included in review for item e above. He said he would like this, as one of the few last waterfront properties open to all the residents, not to be sold for another purpose. The City Manager confirmed it had never been designated as parkland. Councilmember Jay Martin asked for consideration of using the seven acres as a park, even if it were not officially labelled as such. Mayor Rigby confirmed there was no Council objection to waiting to see the options for the fitness center with the item as presented. Director Epting noted it would be included in the survey for the Parks Master Plan. (n) Outdoor Fitness Equipment at Fairmont Park (Councilmember Ojeda) \[Roz Epting, Parks and Recreation Director\] Councilmember Ojeda recommended Option #2 for 5-6 separate pieces located for a total of $50,000. Mayor Rigby asked Director Epting to bring costs for the asphalt millings over limestone for upgrading other parks, as she had suggested, for a future budget year. Councilmember Gillett suggested including this in the Parks Master Plan survey. Mayor Rigby confirmed there was no Council objection to moving forward with the item as proposed by Councilmember Ojeda. Page 2 of 4 March 23, 2019, Council Meeting Minutes (o) Paved Parking Lot at Recycling Center (Councilmember Ojeda) \[Don Pennell, Public Works Director\] Mayor Rigby confirmed there was no Council objection to waiting approximately ninety days for the preliminary report before deciding on the item. (p) Continuation of Sidewalk on Farrington to Fairmont Park entrance (Councilmember Ojeda). \[Don Pennell, Public Works Director\] Councilmember Ojeda suggested the entire item as presented move forward in the interest of safety. Councilmember Gillett asked that an inventory be taken to program other such issues. Asst. City Manager Jason Weeks noted staff had reviewed this item with LP ISD but would need to do so again for any additional items, as school bus service can potentially be cut if there is a continuous sidewalk radius around the school. Mayor Rigby confirmed there was no Council objection to moving forward with the item as presented and asking staff to review other areas in the city with similar issues and reporting back. (q) Funds for Artist Grants to be used for Outdoor Public Art Installations (Councilmember Ojeda). \[Ryan Cramer, Economic Development Coordinator\] Mayor Rigby confirmed there was no Council objection to starting the program with additional information from staff on how it will be managed, funding, and allocated, to report back to Council, for $25,000, as presented by Councilmember Ojeda. (r) Uniform Plants & Planters along Main Street (Councilmember Ojeda). \[Ryan Cramer, Economic Development Coordinator\] Councilmembers Ojeda and Kristin Martin expressed concerns about downtown beautification. Councilmember Earp reminded the Council that business owners may not be in support and reminded all there are additional commercial areas. Councilmember Gillett said that he believes parking, alleys, and sidewalk repair are needed and that any reluctance comes from concern over increased regulation. Councilmember Earp suggested the Planning and Zoning Commission review the prior report. Councilmember Jay Martin suggested funding to replant and respace the current planters. Councilmember Ojeda asked that Parks be tasked with maintaining the planters. Mayor Rigby requested the businesses located near the planters currently be consulted, acknowledging the planters belong to the City. Mayor Rigby confirmed there was no Council objection to maintaining the current thirteen at this time. (s) $5,000 for Startup (Seed Money) of Youth Advisory Council through TML (Councilmember Ojeda). \[Jason Weeks, Assistant City Manager and Roz Epting, Parks and Recreation Director\] (Councilmember Zemanek stepped away from the meeting from 2:15-2:17 p.m.) Councilmember Ojeda suggested each member of Council make an appointment and offered to assist. Mayor Rigby confirmed there was no Council objection to moving forward with the item as presented. (The Council recessed from 2:25-2:41 p.m.) (t) Shelter in Place Procedures. (Councilmember Engelken) \[Kristin Gauthier, Emergency Management Coordinator\] (u) City Safety Record, Policies, & Procedures (Councilmember Engelken). \[Matt Hartleib, Human Resources Manager and Matt Daeumer, Assistant Police Chief\] (Councilmember Kristin Martin left the meeting at 3:28 p.m.) (v) Employee Evaluation and Merit Pay Increase Procedures (Councilmember Engelken). \[Matt Hartleib, Human Resources Manager, and Michael Dolby, Finance Director\] Councilmember Gillett moved to continue with the current process of evaluating employees. The motion failed, 4-4, Councilmembers Zemanek, Bentley, Engelken, and Earp voting against. Page 3 of 4 March 23, 2019, Council Meeting Minutes (w) Presentation and discussion of meeting procedural items with the City Secretary’s Office. \[Lee Woodward, City Secretary\] City Secretary Woodward discussed several topics, with the Council in agreement as to: - Leaving an item on Council Committee agendas to set the date for the next meeting; - Allowing staff presentation and Council debate prior to a motion being made for an item; - Posting candidate packets on the City’s elections page; not finding it necessary to notify the Council when a physical packet is picked up at the City Secretary’s office; not posting completed filings or campaign finance reports on the City website (they are available via Public Information Requests); - Testing a brief version of noting the topics on which public commenters mention; - Bringing a proposal for the budget for transparent dais desk insets to provide monitor viewing below as well as being able to use more of the desktop area. 3. 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 thanked the Council and staff for their work today. 4. ADJOURNMENT – Without objection, Mayor Rigby adjourned the meeting at 4:39 p.m. _______________________________ Lee Woodward, City Secretary Page 4 of 4 March 23, 2019, Council Meeting Minutes LOUIS RIGBY BILL BENTLEY Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 STEVE GILLETT 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 REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 25, 2019 The City Council of the City of La Porte met in a regular meeting on Monday, March 25, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilmembers present: Louis Rigby, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Kristin Martin, Jay Martin, Nancy Ojeda Councilmembers absent: John Zemanek Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER – Mayor Rigby called the meeting to order at 6:02 p.m. INVOCATION – The invocation was given by Councilmember Jay Martin. PLEDGES – The pledges of allegiance to the U.S. and Texas flags were led by Councilmember Mayor Rigby. 3. PRESENTATIONS, PROCLMATIONS, AND RECOGNITIONS (a) Proclamation – La Porte Special Olympics Shrimp Boil Day. \[Mayor Rigby\] 4. PUBLIC COMMENTS (Limited to five minutes per person.) – Chuck Rosa offered public comment on City ordinances; Michael Swain offered public comment on animal adoptions; and Thomas Garza offered public comment on upcoming non-City events, campaign sign placement, and items from the Council budget retreat. 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting) (a) Approve minutes of the City Council meeting held on March 11, 2019. \[Lee Woodward, City Secretary\] (b) Approve an Interlocal Agreement between Harris County and the City of La Porte for local bus transit services for a twelve- (12-) month term. \[Jason Weeks, Assistant City Manager\] Councilmember Engelken moved to approve the consent agenda; the motion was adopted, 8-0. 6. PRESENTATION, DISCUSSION, AND POSSIBLE ACTION (a) Receive presentation concerning the City of La Porte’s code enforcement process. \[Teresa Evans, Director of Planning and Development\] Councilmember Jay Martin moved to authorize an update to the relevant ordinance for Ch. 58, Article II, so that garbage should not be placed outside earlier than 5 a.m.; the motion was adopted, 7-1, Councilmember Gillett voting against. City Manager Alexander agreed to bring the Council information on the tree removal permit and fencing permit requirements. Page 1 of 2 March 25, 2019, Council Meeting Minutes 7. REPORTS (a) Receive a report on the La Porte Development Corporation Board meeting. \[Councilmember Ojeda\] Councilmember Ojeda reported the EDC Board approved a final incentive payment of $100,000.00 to Pipeline Grill, denied a payment to Texas Snowbirds Daiquiris and Grill, and considered an incentive for a new/expanded business enterprise at 1230 Independence Parkway, and approved a grant for signage in the 700 Block of West Main Street. 8. ADMINISTRATIVE REPORTS • Drainage and Flooding Committee Meeting, Monday, April 8, 2019 • City Council Meeting, Monday, April 8, 2019 • Planning and Zoning Commission Meeting, Thursday, April 18, 2019 • City Council Meeting, Monday, April 22, 2019 • Zoning Board of Adjustment Meeting, Thursday, April 25, 2019 City Manager Corby Alexander confirmed Mr. Swain’s remarks that the Council had made arrangements for funding veterinarian services in the last year and that he would follow up on the issue. 9. 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 thanked the Mayor for his presiding over the meeting, thanked the Code Enforcement staff for their presentation and diligence, asked the City Manager to follow up on design information from Saturday’s retreat concerning the fitness center, noted the drainage project occurring in the north area of the City, expressed pleasure at judging chili at the Seniors events on Friday, asked the City Manager to report back on Mr. Swain’s comments earlier, and requested all remember the staff and responders working on the ITC issues. 10. EXECUTIVE SESSION – The City Council reserves the right to meet in closed session on any agenda item, should the need arise, and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, in in accordance with the authority contained in: Texas Government Code – Section 551.071(1)(A) – Pending or Contemplated Litigation: Meet with the City Attorney and City Manager to discuss Tradebe Environmental Services, LLC vs. City of La Porte Texas Government Code – Section 551.072 – Deliberation regarding purchase, exchange, lease, or value of real property: Meet with City Manager and City Attorney to discuss value of real property in industrial districts, concerning negotiations with industry representatives for terms of new Industrial District Agreements. (Councilmember Earp has a Conflict of Interest affidavit on file for the IDA item, did not participate in the deliberation for it, and left the meeting as the Council discussed this second item in executive session.) The Council adjourned into executive session at 8:33 p.m. 11. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The Council reconvened into open session at 9:15 p.m. No action was taken but the Mayor confirmed the City Manager, Asst. City Attorney, and City’s legal counsel had been given direction to continue seeking resolution on both items. 12. ADJOURN – Without objection, Mayor Rigby adjourned the meeting at 9:16 p.m. _______________________________ Lee Woodward, City Secretary Page 2 of 2 March 25, 2019, Council Meeting Minutes 12. ADJOURN Without objection, Mayor Rigby adjourned the meeting at 9:16 p.m. _______________________________ Lee Woodward, City Secretary Page 3 of 3 March 25, 2019, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 8, 2019 Lee Woodward Source of Funds: Requested By Account Number: City Secretary Department: Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION Ordinance 3274 establishes procedures for City Council meetings. Among other things, it provides that regular Council meetings are held on the second and fourth Mondays of each month. It further provides that when a Council meeting falls on a legal or national holiday, h meeting shall be held on such other date as determined by Council. May 27, 2019, is the date of the second meeting in May. It is also Memorial Day, a national holiday, and City Hall is th closed. Staff re27 meeting, as follows: Reschedule the May 27, 2019, Council meeting; OR Cancel the May 27, 2019, Council meeting due to the Memorial Day holiday. th Should Council decide to cancel the May 27 meeting and the need arises to conduct business, a special called meeting would be scheduled. Action Required by Council: Approval or other action of the May 27, 2019, Council meeting as follows. Either: Reschedule the May 27, 2019, meeting due to the Memorial Day holiday; or Cancel the May 27, 2019, meeting due to the Memorial Day holiday. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 8, 2019 Lee Woodward Source of Funds: N/A Requested By Account Number: City Secretary Department: Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Budgeted Item: Exhibits: Exhibits: SUMMARY & RECOMMENDATION While the job description for the Deputy City Secretary indicates that the position will serve in the absence of a City Secretary, there are tasks in state statute that indicate performance by the City Secretary/City Clerk, especially within the Texas Election Code. The City Secretary recommends adoption of the resolution to clearly indicate the will of the governing body, i.e. that the Deputy City Secretary perform the duties of the City Secretary if the City Secretary is unavailable or if the position is otherwise not filled at any time. Action Required by Council: Adopt Resolution 2019-05 authorizing the Deputy City Secretary to perform duties of the City Secretary in her absence. Approved for City Council Agenda Corby D. Alexander, City Manager Date RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, HEREBY AUTHORIZING THE DEPUTY CITY SECRETARY OF THE CITY OF LA PORTE, TEXAS, TO ACT ON BEHALF OF THE CITY SECRETARY IN HER ABSENCE BY PERFORMING THE DUTIES OF CITY SECRETARY; PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte that there may be instances when the appointed City Secretary is absent from her duties for various reasons; and WHEREAS, the City Council has investigated and determined that it is important that the duties of the City Secretary continue to be completed in her absence in order to carry on the business of the City of La Porte and WHEREAS, the City Council has investigated and determined that it is in the best interest of the citizens of the City to authorize the Deputy City Secretary to act on behalf of the City Secretary in her absence by performing the duties of City Secretary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1: The Deputy City Secretary of the City of La Porte, Texas, is hereby authorized to act on behalf of the City Secretary in her absence, by performing the duties and responsibilities as may be assigned to the City Secretary by the City Charter, by the City Council, or by law. SECTION 2: Should an absence occur while the City Secretary is also serving as the Early Voting Clerk for a City election, the Deputy City Secretary will be hereby appointed to fulfill this role as well. SECTION 3: The Deputy will be deprived of authorization if deemed appropriate by the City Council or at the termination of their employment by the City of La Porte. SECTION 4: This resolution shall take effect immediately upon its passage. RESOLVED THIS THE __________ day of _______________________, 20__________. CITY OF LA PORTE, TEXAS __________________________________ Louis R. Rigby, Mayor ATTEST TO: APPROVE AS TO FORM: _____________________________ __________________________________ Lee Woodward, City Secretary Clarke Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 8, 2019 Lee Woodward Source of Funds: Requested By Account Number: City Secretary Department: Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Budgeted Item: YES NO Exhibits: DHSH form for appointment Exhibits: SUMMARY & RECOMMENDATION Animal Shelter Advisory Committee has five positions, filled by description in its formative appointed in this role, which has not become vacant. Included with this item is the form from the Texas Department of State Health Services (DSHS), as provided by their Infectious Disease Control Unit. Staff recommends that Chief Ron Parker be Below are relevant state and city references. Tx. Health and Safety Code Sec. 826.017. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. (a) The commissioners court of each county and the governing body of each municipality shall designate an officer to act as the local rabies control authority for the purposes of this chapter. (b) Except as restricted by department rule, the officer designated as the local rabies control authority may be the county health officer, municipal health officer, animal control officer, peace officer, or any entity that the commissioners court or governing body considers appropriate. (c) Among other duties, the local rabies control authority shall enforce: (1) this chapter and the department rules that comprise the minimum standards for rabies control; (2) the ordinances or rules of the municipality or county that the local rabies control authority serves; and (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, Sec. 2, eff. May 5, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1612, eff. April 2, 2015. Re. Ord. 2007-2972, forming the Animal Shelter Advisory Committee: Pos.1, the Chief of the La Porte Rabies Control Authority, or his designee - Pos.2, a state certified Animal Control officer employed with the City of La Porte and whose duties include the daily operation of the La Porte animal shelter Clarence Anderson Pos. 3, veterinarian Dr. Donna Medford Pos. 4, representative from an animal welfare organization Dana Dicker Pos. 5, Councilmember John Zemanek Action Required by Council: Move to Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 8, 2019 _ Appropriation Requested By: Shelley Wolny, Treasurer Source of Funds: __ __________ Department: Finance_________________________ Account Number: __ __ Report: _ _ Resolution: _X__Ordinance: ___ _ Amount Budgeted: __ __________ Exhibits: _Resale 2011-37567 Resolution, _ Amount Requested: __________________ Exhibits: Deed, Attorney Letter, Analysis, Bid & Maps Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the property located at 0 A Street West on the public resale list since 2014 and has received a minimum bid from Jose Angel Garcia in the amount of $11,800, which includes judgement value plus costs and postjudgement taxes. The purchaser of the property owns the adjoining property to the north and both pieces of property are vacant at this time. Currently, there is no access to th the property via N. 14 Street or Polk Street. Staff is requesting the City Council to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2011-37567 Lots 7, 8, 9 and 10, Block 719, City of La Porte Offer $11,800 (cost + taxes) Action Required by Council: Adopt Resolution 2019-04 authorizing the sale on the property listed above. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: April 8, 2019 Source of Funds: Requested By: Ron Parker, Police Chief Account Number: Department: Police Amount Budgeted: Report: Resolution: X Ordinance: Amount Requested: Exhibits: Grant Budgeted Item: YES NO Exhibits: Statements Supporting Submission of the Application to the Attorney Generals Office Exhibits SUMMARY & RECOMMENDATION The duties of the Crime Victim Liaison include: to ensure that a victim, guardian of a victim, or close relative of a deceased victim of a crime involving bodily injury is afforded the rights granted victims in accordance with ims to community resources; and providing moral support during any time the victim is required to make a court appearance. For calendar years 2017 and 2018, the Crime Victim Liaison provided valuable services to over one thousand (1,000) victims. Also, the Crime Victim Liaison was able to assist needed victims with crime victim compensation Program in 2002, over four hundred eighty-one thousand dollars A submit application for a two-year continuation grant for the Crime Victim Liaison position. The Grant request will be for the maximum allowable amount of forty-two thousand dollars ($42,000) each year. Assuming that the full amount of the request is awarded, the City will be mandated to continue to support the program by absorbing approximately forty-seven thousand dollars ($47,000) each year in its personnel operating budget to cover this position. If approved the new grant would run from September 1, 2019, through August 31, 2020, encompassing . Action Required by Council: Authorize the City Manager and the La Porte Police Department to submit an application for the Victim Coordinator and Liaison Grant (VCLG) for fiscal years 2019 and 2020 in order to continue partial funding for the Crime Victim Liaison position, and adopt Resolution 2019-06 in support of same. Approved for City Council Agenda Corby Alexander, City Manager Date RESOLUTION NO. 2019-_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE CITY MANAGER AND THE LA PORTE POLICE DEPARTMENT TO SUBMIT AN APPLICATION FOR THE VICTIM COORDINATOR AND LIAISON GRANT (VCLG) FOR FISCAL YEARS 2019 AND 2020 IN ORDER TO CONTINUE PARTIAL FUNDING FOR THE CRIME VICTIM LIAISON POSITION, AND ADOPT RESOLUTION 2019-06 IN SUPPORT OF SAME. ,¤¦ « . ¬¤ ®¥ !¯¯«¨¢ ³Ȁ #¨³¸ ®¥ , 0®±³¤ 5¨°´¤ !¯¯«¨¢ ³¨® .´¬¡¤±Ȁ 2020-00159 WHEREAS Ǿ 4§¤ #¨³¸ ®¥ , 0®±³¤ § ² ¯¯«¨¤£ ¥®± ®± ¶¨²§¤² ³® ¯¯«¸ ³® ³§¤ /¥¥¨¢¤ ®¥ ³§¤ !³³®±¤¸ '¤¤± « Ȩ/!'ȩ ¥®± ³§¤ 6¨¢³¨¬ #®®±£¨ ³®± £ ,¨ ¨²® '± ³ Ȩ6#,'ȩǿ WHEREAS Ǿ ³§¤ #¨³¸ #®´¢¨« ®¥ 4§¤ #¨³¸ ®¥ , 0®±³¤ § ² ¢®²¨£¤±¤£ £ ²´¯¯®±³² ³§¤ !¯¯«¨¢ ³¨® ¥¨«¤£ ®± ³® ¡¤ ¥¨«¤£ ¶¨³§ ³§¤ /¥¥¨¢¤ ®¥ ³§¤ !³³®±¤¸ '¤¤± «ǿ £ WHEREAS Ǿ 4§¤ #¨³¸ ®¥ , 0®±³¤ § ² £¤²¨¦ ³¤£ ®± ¶¨²§¤² ³® £¤²¨¦ ³¤ #®±¡¸ !«¤· £¤±Ǿ #¨³¸ - ¦¤±Ǿ ² «³¤± ®± ³¤±¬¨ ³¤ ³§¤ 6¨¢³¨¬ #®®±£¨ ³®± £ ,¨ ¨²® '± ³ Ȩ6#,'ȩ ¶¨³§ ³§¤ /¥¥¨¢¤ ®¥ ³§¤ !³³®±¤¸ '¤¤± « Ȩ/!'ȩǾ ² ¶¤«« ² ¦¨µ¤ ³§¤ ´³§®±¨³¸ ³® ²¨¦ «« ¦± ³ £©´²³¬¤³ ±¤°´¤²³²Ǿ ¨µ¤³®±¸ ±¤¯®±³²Ǿ ¯±®¦±¤²² ±¤¯®±³²Ǿ £ ¥¨ ¢¨ « ±¤¯®±³² ®± ¸ ®³§¤± ®¥¥¨¢¨ « £®¢´¬¤³² ±¤« ³¤£ ³® ³§¤ ¦± ³ ® ¡¤§ «¥ ®¥ ³§¤ ¦± ³¤¤ȁ ./7 4(%2%&/2%Ǿ "% )4 2%3/,6%$ ³§ ³ 4§¤ #¨³¸ ®¥ , 0®±³¤ #¨³¸ #®´¢¨« ¯¯±®µ¤² ²´¡¬¨²²¨® ®¥ ³§¤ ¯¯«¨¢ ³¨® ¥®± ³§¤ 6¨¢³¨¬ #®®±£¨ ³®± £ ,¨ ¨²® '± ³ ³® ³§¤ /¥¥¨¢¤ ®¥ ³§¤ !³³®±¤¸ '¤¤± « ² ¶¤«« ² ³§¤ £¤²¨¦ ³¨® ®¥ ³§¤ !´³§®±¨¹¤£ /¥¥¨¢¨ «ȁ PASSED AND APPROVED this ______ day of __________________, 2019. CITY OF LA PORTE By: ________________________________ Louis R. Rigby Mayor ATTEST: ________________________________ Lee Woodward City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: April 8, 2019 Source of Funds: N/A Requested By: Ian Clowes 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 During the most recent review of Chapter 106- Zoning of the City of La Porte Code of Ordinances, the Planning and Zoning Commission Chapter 106 Subcommittee and staff addressed four (4) items that were identified for possible amendments. Below are a list of the subject items and proposed amendments recommended by the Planning and Zoning Commission at the February 21, 2019 meeting. 1. Regulation of merchant wholesaler uses (distribution centers) throughout the industrial zoning districts Section 106-310. a. Recommendation to add language to the land use table that restricts merchant wholesaler uses by requiring a SCUP in BI zoning districts, and requiring a SCUP in in LI and HI zoning districts for merchant wholesaler uses that exceed 40,000 square feet or 5 acres. 2. Regulation of shipping containers being used for residential construction Section 106-334 a. Recommendation to add language that requires homes constructed out of shipping containers to be clad with materials on the façade so as to hide all portions of the shipping container structure and prohibit use in the Main Street and Main Street Overlay Districts. 3. Regulation of hotel/motel use throughout the city in all zoning districts Section 106-44 and 106-310 a. No changes proposed at this time. b. The Subcommittee agreed to revisit the Hotel/Motel use requirements at the annual review of Chapter 106 to begin later this summer. 4. Changes to language regarding fence height for fences with barbed wire Section 106-797 a. Recommendation to change existing language to meet standard construction regulations. Attached is the draft version of the proposed recommendations. Text in red highlights modifications to language to support proposed recommendations to Chapter 106- Zoning of the City of La Porte Code of Ordinances. 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 amending Chapter 106- Zoning of the Code of Ordinances of the City of La Porte based on a review conducted by the Planning and Zoning Commission. Approved for City Council Agenda ___________________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IN CONNECTION WITH A 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 Section 106-, 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 ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 P P 333241 Food Product Machinery Manufacturing 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 Pump, Pumping Equipment, and Measuring and Dispensing 333914 P P Pump Manufacturing 333912 Air and Gas Compressor Manufacturing P P ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 P 1919 Lumber and Other Construction Materials Merchant P P 4233 C Wholesalers Professional and Commercial Equipment and Supplies Merchant 4234 Wholesalers 42351 Metal Service Centers and Other Metal Merchant Wholesalers 19 42352 Coal and Other Mineral Merchant Wholesalers P ** NC MS GC MU BI LI HI Household Appliances and Electrical and Electronic Goods 4236 Merchant Wholesalers P 1919 P P C Hardware, and Plumbing and Heating Equipment and Supplies 4237 Wholesalers 19 4238 Machinery, Equipment, and Supplies Merchant Wholesalers C P Sporting and Recreational Goods and Supplies Merchant P 18 181919 423910 PP P P Wholesalers C P 18 181919 423920 Toy and Hobby Goods and Supplies Merchant Wholesalers PP P P 4 C 423930 Recyclable Material Merchant Wholesalers P Jewelry, Watch, Precious Stone, and Precious Metal Merchant P 1919 423940 P P Wholesalers C P 1919 423990 Other Miscellaneous Durable Goods Merchant Wholesalers P P C 4241 Paper and Paper Product Merchant Wholesalers P 1919 4242 Drugs and Druggists' Sundries Merchant Wholesalers P P C 4243 Apparel, Piece Goods, and Notions Merchant Wholesalers 4244 Grocery and Related Product Merchant Wholesalers 1919 4245 Farm Product Raw Material Merchant Wholesalers P P Plastics Materials and Basic Forms and Shapes Merchant P 1919 424610 P P Wholesalers C P 1919 424690 Other Chemical and Allied Products Merchant Wholesalers P P C 1919 424710 Petroleum Bulk Stations and Terminals P P Petroleum and Petroleum Products Merchant Wholesalers 1919 424720 C P P (except Bulk Stations and Terminals) P 1919 424810 Beer and Ale Merchant Wholesalers P P C P 1919 424820 Wine and Distilled Alcoholic Beverage Merchant Wholesalers P P C 19 424910 Farm Supplies Merchant Wholesalers C P 42492 Book, Periodical, and Newspaper Merchant Wholesalers Flower, Nursery Stock, and Florists' Supplies Merchant 42493 1919 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 ** NC MS GC MU BI LI HI 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 Warehouse Clubs and Supercenters 452311 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 ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 532490 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 ** NC MS GC MU BI LI HI 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 P P P P P 5612 Facilities Support Services 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 ** NC MS GC MU BI LI HI 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 P P P P P P 6212 Office of Dentists 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 ** NC MS GC MU BI LI HI 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 P P P P P 713990 11 11 11 11 11 shooting 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 ** ** NC MS GC MU BI LI HI 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 P P P P P P 81142 Reupholstery and Furniture Repair 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 ** NC MS GC MU BI LI HI 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. 19 Total site area may not exceed 5 acres with a maximum building size of 40,000 sq. ft. A conditional use permit (CUP) may be sought for individual sites in excess of 5 acres or buildings greater than 40,000 sq. ft. 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 2: That Section 106-334 Special Use Performance Standards; Residential Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-334. - Special use performance standards; residential. Screening. (1) Refer to 106-443(a) (Screening) for requirements. (2) Screening will be required in the following situations: a. Parking areas for recreational buildings, community centers, religious, multi-family over four, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. (3) Required screening will count toward the required percentage of landscaping. (b) Traffic control. The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic through low density residential areas. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the director. The proposed development should be adequately served by a collector or arterial street without circulating through low density residential uses or districts in the following cases: (1) Junior or senior high school, junior colleges and technical institutes. (2) Manufactured housing subdivisions and manufactured housing parks. (c) Compatibility with surrounding area. The architectural appearance and functional plan of the building(s) and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the development. The proposed development is to be compatible with the existing and planned use of the area and conflicts are not to be created between the proposed use and existing and intended future use of the surrounding area. (d) Required license obtained. All necessary governmental permits and licenses are secured with evidence of such placed on record with the city. (e) Compatible alterations and adequate parking. Adequate parking as required by article VI of this chapter must be provided on the lot and not within any unpaved required front yard. Any exterior alterations must be compatible with the existing structure, and the surrounding neighborhood. (f) Manufactured housing criteria (manufactured housing parks only). A preliminary certified site plan must be submitted simultaneously with the submissions required in the mobile home park ordinance of the city and the city development ordinance that illustrates compliance with the following: (1) Legal description and size in acres of the proposed manufactured housing park. Such park shall not be less than five acres. (2) Locations and size of all manufactured housing sites, dead storage area, recreation areas, laundry drying areas, roadways, parking sites, and all setback dimensions (parking areas, exact manufactured housing sites, etc.). (3) Preliminary landscaping plans and specifications. (4) Location and width of sidewalks. (5) Plans of sanitary sewer disposal, surface drainage, water systems, electrical service, and gas service. (6) Location and size of all streets abutting the manufactured housing park and all driveways from such streets to the manufactured housing park. (7) Preliminary road construction plan. (8) Preliminary plans for any and all structures. (9) Such other information as required or implied by these standards or requested by public officials. (10) Name and address of developer or developers. (11) Description of the method of disposing of garbage and refuse and location of approved solid waste receptacles. (12) Detailed description of maintenance procedures and ground supervision. (13) Details as to whether all of area will be developed or a portion at a time. (14) Density intensity regulations in compliance with Table B, residential. (15) Compliance with the required number of off-street parking spaces. (16) All private streets shall be a minimum of 28 feet wide and constructed in accordance with the public improvements criteria manual. The layout of such private streets shall be subject to approval by the fire chief, to ensure adequate emergency access. (17) All manufactured housing shall have a minimum frontage of 20 feet on public or private streets. (18) Perimeter fences required: Minimum six feet in height, opaque material. (g) Shipping Containers. Single-family homes comprised and/or constructed of one or more shipping containers are permitted within all residential zoning districts with the following conditions: (1) Any and all exposed container parent material shall be clad with one or a combination of the following materials: Masonry materials, stucco, wood siding, synthetic wood (such as hardie board), or alternative materials with approval from the Planning Director. No portion of the original shipping container exterior is allowed to be visible at any time. (2) Homes constructed out of shipping containers are not permitted in the Main Street or Main Street Overlay (MSD/MSDO) zoning districts. (g) (h) Residential density bonus. Within single-family residential developments, a maximum of ten percent reduction in square feet of site area per unit for residential developments of 20 units or more shall be permitted as a conditional use based upon the following bonus features and square foot reduction: Square Foot Bonus Feature Reduction Per Unit Major outdoor recreational facilities such as swimming pools, tennis courts or similar (1) 250 square feet facilities requiring a substantial investment. Designation of developed open space for semipublic use adjacent to designated (2) 100 square feet public greenway corridors equal to an additional 100 square feet per unit. (3) All required developed open space 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 (Public services), and 106-679, with all documentation required to be submitted for filing in conjunction with the final plat. (4) The density bonus shall only be permitted per designated open space or major outdoor recreational facilities in excess of the requirements established in section 12.00 et seq., of the subdivision ordinance, on file in the city secretary's office, including the credit given in section 12.02 for land dedicated by a developer within a development or subdivision for compensating open space on an acre per acre basis. (h) (i) Bed and breakfast (as defined in sections 106-1 (Definitions) and 106-744 (Bed and breakfast)): (1) Bed and breakfast shall be operated in accordance with the bed and breakfast and home occupation requirements of section 106-749 (Home occupation). (2) Additional required parking shall not be provided in any required front or side yard. (3) Bed and breakfasts shall comply with the boardinghouse requirements of the currently adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101). (i) (j) Additional multi-family regulations. (1) Screening. A ten-foot opaque screen consisting of a combination of shrubs, fencing, and/or masonry wall must be created between multi-family residential developments adjacent to single- family residential developments. a. Location. The required screen shall be located within the first ten feet of the building setback adjacent to the single-family residential district. b. Planting. At the time of planting, the shrubs must be between four to six feet tall and create an opaque screen within one growing season. i. All shrubs must be approved by planning department officials. (2) Fencing. Every multi-family development within the city shall have a perimeter fence located along all sides abutting or facing the right-of-way, as well as along all sides abutting or facing single-family residential developments. a. Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: i. All fences shall be constructed of wood, masonry, or wrought iron. ii. All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. iii. All fences or walls shall be constructed in compliance with all applicable provisions of the building codes of the city. b. Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said multiple-family development shall be equipped with a gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. (3) Recreational areas, facilities, and open space. a. The open space requirements for townhouses, quadraplexes and multi-family developments shall include a combination of the following: i. Trails, ii. Playgrounds (except in the case of "Senior Only" developments), iii. Clubhouses, and/or iv. On-site detention pond areas (Playgrounds are not to be located in the detention pond areas.). (4) Controlled access gates, if utilized: a. Shall be constructed set back from the street far enough to prevent traffic congestion from any vehicle traveling on the right-of-way adjacent to such controlled access gate, and b. Must provide 24-hour access to emergency vehicles, including fire department, EMS, police department and utility company vehicles. (j) (k) Group care facilities (aka community homes, residential personal care homes, living centers, assisted living centers and similar uses as identified in NAICS group #623 (Nursing and Residential Care Facilities). (1) Location: Facilities, in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247, shall be permitted as a use- by-right in R-1 Low Density Residential, R-2 Mid Density Residential, R-3 High Density Residential, MH Manufactured Housing and LL Large Lot Districts. (2) Distance Requirement: Group care facilities shall not be closer than 1,000 feet to a similar use (NAICS group #623). Measurement shall be from the nearest boundary of the sites on which they are located. (3) Signage: Group care facilities located within a residential neighborhood shall be allowed to have one sign not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building. (4) Visual Compatibility: There shall be no change in the outside appearance of the building or premises. No structural alterations shall be permitted that will cause the group care facility to be substantially distinguishable from other surrounding residential properties. (5) Registration Requirement: Facilities providing food and shelter to three or less persons, who are unrelated to the proprietor of the establishment, shall comply with all city regulations and register their facility with the city annually by obtaining a Group Care Facility Certificate. The certificate cost shall be at the rate established in appendix A, Fees, of this Code, shall expire on December 31st of each year. Such fee shall be payable to the city on or before December 15th for the next succeeding calendar year. The fee provided for in this article shall not be subject to proration or reduction for payment for a period of less than twelve (12) calendar months. Operation of a facility without first having obtained the required certificate shall be deemed a violation of this article. (6) Payment of Taxes: All ad valorem taxes on any and all property, personal or real, necessary to the operation of the facility must be paid prior to the issuance or renewal of the certificate. (7) Display of Certificate: Every facility so registered shall display an active certificate in a conspicuous place, within the facility common area, so as to be easily seen by the public. (8) Access to the Facility: City personnel shall have the right-of-entry to ensure safe habitability and public safety. City personnel shall advise on-site facility personnel of the purpose of their visit. (9) Annual Inspection: The Fire Marshal's Office shall perform a minimum of one annual inspection for each group care facility. Facilities shall comply with all applicable city codes, ordinances, policies and regulations. (k) (l) Facilities shall be in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247). To ensure compliance with state regulations, a copy of the facility's active State license shall be provided to the city, when requested by staff. Section 3: That Section 106-797 Supplementar Fencing and Landscaping Requirements hereinafter read as follows: Sec. 106-797. Property line fences in commercial and industrial districts. Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven six (6) feet above the ground, and such fence shall not be erected within the required landscaped portion of any yard of any commercial or industrial establishment. Total fence height, including barbed wire, may not exceed eight (8) feet in height. Section 4 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 5 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 6 All ordinance or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7 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 8 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 8 day of APRIL, 2019. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark T. Askins, Assistant 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 A 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 Section 106-, 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 ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 P P 333241 Food Product Machinery Manufacturing 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 Pump, Pumping Equipment, and Measuring and Dispensing 333914 P P Pump Manufacturing 333912 Air and Gas Compressor Manufacturing P P ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 1919 Lumber and Other Construction Materials Merchant C P P 4233 Wholesalers Professional and Commercial Equipment and Supplies Merchant 4234 Wholesalers 42351 Metal Service Centers and Other Metal Merchant Wholesalers 19 42352 Coal and Other Mineral Merchant Wholesalers P ** NC MS GC MU BI LI HI Household Appliances and Electrical and Electronic Goods 4236 Merchant Wholesalers 1919 C P P Hardware, and Plumbing and Heating Equipment and Supplies 4237 Wholesalers 19 4238 Machinery, Equipment, and Supplies Merchant Wholesalers C P Sporting and Recreational Goods and Supplies Merchant 18 181919 423910 PP C P P Wholesalers 18 1841919 423920 Toy and Hobby Goods and Supplies Merchant Wholesalers PP C P P 423930 Recyclable Material Merchant Wholesalers P Jewelry, Watch, Precious Stone, and Precious Metal Merchant 1919 423940 C P P Wholesalers 1919 423990 Other Miscellaneous Durable Goods Merchant Wholesalers C P P 4241 Paper and Paper Product Merchant Wholesalers 4242 Drugs and Druggists' Sundries Merchant Wholesalers 1919 C P P 4243 Apparel, Piece Goods, and Notions Merchant Wholesalers 4244 Grocery and Related Product Merchant Wholesalers 1919 4245 Farm Product Raw Material Merchant Wholesalers P P Plastics Materials and Basic Forms and Shapes Merchant 1919 424610 C P P Wholesalers 1919 424690 Other Chemical and Allied Products Merchant Wholesalers C P P 1919 424710 Petroleum Bulk Stations and Terminals P P Petroleum and Petroleum Products Merchant Wholesalers 1919 424720 C P P (except Bulk Stations and Terminals) 1919 424810 Beer and Ale Merchant Wholesalers C P P 1919 424820 Wine and Distilled Alcoholic Beverage Merchant Wholesalers C P P 19 424910 Farm Supplies Merchant Wholesalers C P 42492 Book, Periodical, and Newspaper Merchant Wholesalers Flower, Nursery Stock, and Florists' Supplies Merchant 42493 1919 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 ** NC MS GC MU BI LI HI 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 Warehouse Clubs and Supercenters 452311 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 ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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 532490 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 ** NC MS GC MU BI LI HI 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 P P P P P 56159 Other Travel Arrangement and Reservation Services 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 ** NC MS GC MU BI LI HI 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 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 ** NC MS GC MU BI LI HI 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 P P P P P 713990 11 11 11 11 11 shooting 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 ** ** NC MS GC MU BI LI HI 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 ** NC MS GC MU BI LI HI 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. 19 Total site area may not exceed 5 acres with a maximum building size of 40,000 sq. ft. A conditional use permit (CUP) may be sought for individual sites in excess of 5 acres or buildings greater than 40,000 sq. ft. 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 2: That Section 106-334 Special Use Performance Standards; Residential Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-334. - Special use performance standards; residential. Screening. (1) Refer to 106-443(a) (Screening) for requirements. (2) Screening will be required in the following situations: a. Parking areas for recreational buildings, community centers, religious, multi-family over four, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. (3) Required screening will count toward the required percentage of landscaping. (b) Traffic control. The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic through low density residential areas. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the director. The proposed development should be adequately served by a collector or arterial street without circulating through low density residential uses or districts in the following cases: (1) Junior or senior high school, junior colleges and technical institutes. (2) Manufactured housing subdivisions and manufactured housing parks. (c) Compatibility with surrounding area. The architectural appearance and functional plan of the building(s) and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the development. The proposed development is to be compatible with the existing and planned use of the area and conflicts are not to be created between the proposed use and existing and intended future use of the surrounding area. (d) Required license obtained. All necessary governmental permits and licenses are secured with evidence of such placed on record with the city. (e) Compatible alterations and adequate parking. Adequate parking as required by article VI of this chapter must be provided on the lot and not within any unpaved required front yard. Any exterior alterations must be compatible with the existing structure, and the surrounding neighborhood. (f) Manufactured housing criteria (manufactured housing parks only). A preliminary certified site plan must be submitted simultaneously with the submissions required in the mobile home park ordinance of the city and the city development ordinance that illustrates compliance with the following: (1) Legal description and size in acres of the proposed manufactured housing park. Such park shall not be less than five acres. (2) Locations and size of all manufactured housing sites, dead storage area, recreation areas, laundry drying areas, roadways, parking sites, and all setback dimensions (parking areas, exact manufactured housing sites, etc.). (3) Preliminary landscaping plans and specifications. (4) Location and width of sidewalks. (5) Plans of sanitary sewer disposal, surface drainage, water systems, electrical service, and gas service. (6) Location and size of all streets abutting the manufactured housing park and all driveways from such streets to the manufactured housing park. (7) Preliminary road construction plan. (8) Preliminary plans for any and all structures. (9) Such other information as required or implied by these standards or requested by public officials. (10) Name and address of developer or developers. (11) Description of the method of disposing of garbage and refuse and location of approved solid waste receptacles. (12) Detailed description of maintenance procedures and ground supervision. (13) Details as to whether all of area will be developed or a portion at a time. (14) Density intensity regulations in compliance with Table B, residential. (15) Compliance with the required number of off-street parking spaces. (16) All private streets shall be a minimum of 28 feet wide and constructed in accordance with the public improvements criteria manual. The layout of such private streets shall be subject to approval by the fire chief, to ensure adequate emergency access. (17) All manufactured housing shall have a minimum frontage of 20 feet on public or private streets. (18) Perimeter fences required: Minimum six feet in height, opaque material. (g) Shipping Containers. Single-family homes comprised and/or constructed of one or more shipping containers are permitted within all residential zoning districts with the following conditions: (1) Any and all exposed container parent material shall be clad with one or a combination of the following materials: Masonry materials, stucco, wood siding, synthetic wood (such as hardie board), or alternative materials with approval from the Planning Director. No portion of the original shipping container exterior is allowed to be visible at any time. (2) Homes constructed out of shipping containers are not permitted in the Main Street or Main Street Overlay (MSD/MSDO) zoning districts. (h) Residential density bonus. Within single-family residential developments, a maximum of ten percent reduction in square feet of site area per unit for residential developments of 20 units or more shall be permitted as a conditional use based upon the following bonus features and square foot reduction: Square Foot Bonus Feature Reduction Per Unit Major outdoor recreational facilities such as swimming pools, tennis courts or similar (1) 250 square feet facilities requiring a substantial investment. Designation of developed open space for semipublic use adjacent to designated (2) 100 square feet public greenway corridors equal to an additional 100 square feet per unit. (3) All required developed open space 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 (Public services), and 106-679, with all documentation required to be submitted for filing in conjunction with the final plat. (4) The density bonus shall only be permitted per designated open space or major outdoor recreational facilities in excess of the requirements established in section 12.00 et seq., of the subdivision ordinance, on file in the city secretary's office, including the credit given in section 12.02 for land dedicated by a developer within a development or subdivision for compensating open space on an acre per acre basis. (i) Bed and breakfast (as defined in sections 106-1 (Definitions) and 106-744 (Bed and breakfast)): (1) Bed and breakfast shall be operated in accordance with the bed and breakfast and home occupation requirements of section 106-749 (Home occupation). (2) Additional required parking shall not be provided in any required front or side yard. (3) Bed and breakfasts shall comply with the boardinghouse requirements of the currently adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101). (j) Additional multi-family regulations. (1) Screening. A ten-foot opaque screen consisting of a combination of shrubs, fencing, and/or masonry wall must be created between multi-family residential developments adjacent to single- family residential developments. a. Location. The required screen shall be located within the first ten feet of the building setback adjacent to the single-family residential district. b. Planting. At the time of planting, the shrubs must be between four to six feet tall and create an opaque screen within one growing season. i. All shrubs must be approved by planning department officials. (2) Fencing. Every multi-family development within the city shall have a perimeter fence located along all sides abutting or facing the right-of-way, as well as along all sides abutting or facing single-family residential developments. a. Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: i. All fences shall be constructed of wood, masonry, or wrought iron. ii. All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. iii. All fences or walls shall be constructed in compliance with all applicable provisions of the building codes of the city. b. Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said multiple-family development shall be equipped with a gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. (3) Recreational areas, facilities, and open space. a. The open space requirements for townhouses, quadraplexes and multi-family developments shall include a combination of the following: i. Trails, ii. Playgrounds (except in the case of "Senior Only" developments), iii. Clubhouses, and/or iv. On-site detention pond areas (Playgrounds are not to be located in the detention pond areas.). (4) Controlled access gates, if utilized: a. Shall be constructed set back from the street far enough to prevent traffic congestion from any vehicle traveling on the right-of-way adjacent to such controlled access gate, and b. Must provide 24-hour access to emergency vehicles, including fire department, EMS, police department and utility company vehicles. (k) Group care facilities (aka community homes, residential personal care homes, living centers, assisted living centers and similar uses as identified in NAICS group #623 (Nursing and Residential Care Facilities). (1) Location: Facilities, in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247, shall be permitted as a use- by-right in R-1 Low Density Residential, R-2 Mid Density Residential, R-3 High Density Residential, MH Manufactured Housing and LL Large Lot Districts. (2) Distance Requirement: Group care facilities shall not be closer than 1,000 feet to a similar use (NAICS group #623). Measurement shall be from the nearest boundary of the sites on which they are located. (3) Signage: Group care facilities located within a residential neighborhood shall be allowed to have one sign not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building. (4) Visual Compatibility: There shall be no change in the outside appearance of the building or premises. No structural alterations shall be permitted that will cause the group care facility to be substantially distinguishable from other surrounding residential properties. (5) Registration Requirement: Facilities providing food and shelter to three or less persons, who are unrelated to the proprietor of the establishment, shall comply with all city regulations and register their facility with the city annually by obtaining a Group Care Facility Certificate. The certificate cost shall be at the rate established in appendix A, Fees, of this Code, shall expire on December 31st of each year. Such fee shall be payable to the city on or before December 15th for the next succeeding calendar year. The fee provided for in this article shall not be subject to proration or reduction for payment for a period of less than twelve (12) calendar months. Operation of a facility without first having obtained the required certificate shall be deemed a violation of this article. (6) Payment of Taxes: All ad valorem taxes on any and all property, personal or real, necessary to the operation of the facility must be paid prior to the issuance or renewal of the certificate. (7) Display of Certificate: Every facility so registered shall display an active certificate in a conspicuous place, within the facility common area, so as to be easily seen by the public. (8) Access to the Facility: City personnel shall have the right-of-entry to ensure safe habitability and public safety. City personnel shall advise on-site facility personnel of the purpose of their visit. (9) Annual Inspection: The Fire Marshal's Office shall perform a minimum of one annual inspection for each group care facility. Facilities shall comply with all applicable city codes, ordinances, policies and regulations. (l) Facilities shall be in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247). To ensure compliance with state regulations, a copy of the facility's active State license shall be provided to the city, when requested by staff. Section 3: That Section 106-797 Fencing and Landscaping Requirements of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-797. Property line fences in commercial and industrial districts. Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least six (6) feet above the ground, and such fence shall not be erected within the required landscaped portion of any yard of any commercial or industrial establishment. Total fence height, including barbed wire, may not exceed eight (8) feet in height. Section 4 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 5 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 6 All ordinance or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7 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 8 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 8 day of APRIL, 2019. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director February 22, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the February 21, 2019 meeting to consider approval of an ordinance amending certain provisions of Chapter 106 These proposed changes are based on the most recent review of Chapter 106 conducted by the Planning and Zoning Commission. The Commission voted 8-0 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 Appropriations Agenda Date Requested: April 8, 2019 Source of Funds: N/A Requested By: Ian Clowes 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 During the most recent review of Chapter 106 - Zoning of the City of La Porte Code of Ordinances, the Planning and Zoning Commission Chapter 106 Subcommittee and staff addressed four (4) items that were identified for possible amendment. Below is a list of the subject items and proposed amendments recommended by the Planning and Zoning Commission at the February 21, 2019, meeting. 1. Regulation of merchant wholesaler uses (distribution centers) throughout the industrial zoning districts Section 106-310 a. Recommendation to add language to the land use table that restricts merchant wholesaler uses by requiring a Special Conditional Use Permit (SCUP) in Business Industrial (BI) zoning districts, and requiring a SCUP in in Light Industrial (LI) and Heavy Industrial (HI) zoning districts for merchant wholesaler uses that exceed 40,000 square feet or 5 acres. 2. Regulation of shipping containers being used for residential construction Section 106-334 a. Recommendation to add language that requires homes constructed of shipping containers to be clad with materials on the façade so as to hide all portions of the shipping container structure and prohibit use in the Main Street and Main Street Overlay Districts. 3. Regulation of hotel/motel use throughout the city in all zoning districts Sections 106-44 and 106-310 a. No changes proposed at this time. b. The Subcommittee agreed to revisit the Hotel/Motel use requirements at the annual review of Chapter 106 to begin later this summer. 4. Changes to language regarding fence height for fences with barbed wire Section 106-797 a. Recommendation to change existing language to meet standard construction regulations. Attached is the draft version of the proposed recommendations. Text in red highlights modifications to language to support proposed recommendations to Chapter 106 - Zoning of the City of La Porte Code of Ordinances. 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 amending Chapter 106 - Zoning of the Code of Ordinances of the City of La Porte based on a review conducted by the Planning and Zoning Commission. Approved for City Council Agenda ___________________________________ _______________________ Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: April 8, 2019 Source of Funds: N/A Requested By: Ian Clowes___________ 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, Charles Anders; on behalf of Bayway Homes, owner, is seeking approval of an amendment to a previous SCUP which was approved in 2016, permitting nine lots. The applicant has acquired 4 additional lots in the same block and would like to expand the existing SCUP to Lots 20-21, Block 31 and Lots 18-19, Block 32, to allow for 4 additional units. Additionally, the applicant is seeking permission to allow for a triplex to be built on Lots 7-9, Block 32 as opposed to the approved duplex units. The total subject site area is legally described as Lots 7 - 27, of Block 32 and Lots 20-21, Block 31, Beach Park Subdivision and is generally located on the northern- Drive. The attached Exhibit B is an Area Map showing the location of the subject property. The lots are zoned MU, Mixed Use, and are currently undeveloped. Staff did not receive any comment sheets for the proposed SCUP. The Planning and Zoning Commission, at their February 21, 2019 regular meeting, voted 8-0 to recommend approval of the proposed SCUP, as presented. Below is a list of conditions from the original 2016 SCUP approval, along with modifications permitting the single triplex unit. 1. A site development plan shall be submitted in accordance with applicable requirements of the City ordinances of the City of La Porte and the State of Texas. 2. The underlying zoning is MU. All MU requirements will need to be met. 3. One single family attached duplex unit is permitted on two platted lots within the development area. 4. A fire wall is required along the shared property line separating each unit in accordance with applicable residential building and fire codes. 5. Perimeter setbacks are 15' minimum to 25' maximum from the front property line, a minimum of 5' from the side property lines and a minimum or 10' from the rear property line. 6. Special allowance is given to the setback for Lot 22 due to the irregular shape of the lot. The side/rear setback adjacent to the 7. A minimum of two off-street parking spaces shall be included for each individual unit. 8. A triplex structure is permitted to be located on Lots 7-9, Block 32 within the Beach Park Subdivision. 9. All necessary documentation for building permit review must be submitted in conjunction with the 10. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP . 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 #19-91000001 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. 19-91000001, TO ALLOW FOR THE DEVELOPMENT OF TEN (10) SINGLE FAMILY ATTACHED DUPLEX HOMES AND ONE (1) SINGLE FAMILY TRIPLEX HOME IN THE MIXED USE (MU) ZONING DISTRCT, ON 1.36 ACRES OF LAND AND BEING LEGALLY DESCRIBED AS LOTS 7-27, BLOCK 32 AND LOTS 20 - 21, BLOCK 31, BEACH PARK SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY 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. Chapter 106 of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #19-91000001 attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the development of ten (10) single family duplex homes and one (1) single family triplex home on 1.36 acres of land, being legally described as Lots 7 - 27, Block 32 and Lots 20-21, Block 31, Beach Park Subdivision, La Porte, Harris County, Texas, and situated within the Mixed Use (MU) 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 8 day of APRIL, 2019. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney FYIJCJU!B! ! ! ! ! City of La Porte Special Conditional Use Permit #19-91000001 This permit is issued to: Bayway Homes Owner or Agent PO Box 1244, Friendswood, TX, 77549 Address For Development of: Bayway Homes Circles Single Family Attached Development Development Name Northern- Sylvan Beach Park, near Bayshore Dr. Address Legal Description: Lots 7-27, Block 32, and Lots 20 and 21, Block 31, Beach Park Subdivision, Harris County, TX Zoning: MU, Mixed Use Use: Single family attached duplex homes and one triplex home Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be This SCUP replaces and supersedes SCUP 16-91000001. 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 ance and shall comply with all provisions of Chapter 106, laws and ordinances of the City of La Porte and the State of Texas. 2. The underlying zoning is MU. All MU requirements will need to be met. 3. One single family attached duplex unit is permitted on two platted lots within the development area. A total of ten (10) single family duplex units are permitted, and shall be located on Lots 10-27, Block 32, Beach Park Subdivision and Lots 20-21, Block 31, Beach Park Subdivision. 4. A fire wall is required along the shared property line separating each unit in accordance with applicable residential building and fire codes. 5. A setback is permitted on the shared property line separating the two units of each duplex. Perimeter setbacks are 15' minimum to 25' maximum from the front property line, a minimum of 5' from the side property lines and a minimum or 10' from the rear property line. 6. Special allowance is given to the setback for Lot 22 due to the irregular shape of the lot. The side/rear setback adjacent to the alley is permitted to be 7. A minimum of two off-street parking spaces shall be included for each individual unit. 8. A single triplex structure is permitted to be located on Lots 7-9, Block 32 within the Beach Park Subdivision. 9. All necessary documentation for building permit review must be submitted in conjunction process for any proposed building improvements. 10. 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 PortePlanning and Development Department Established 1892 Teresa Evans, Director February 22, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #19-91000001 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on February 21, 2019 to hear a Special Conditional Use Permit request by Charles Anders, applicant; on behalf of Bayway Homes, owner; for a Special Conditional Use Permit to allow for the development of ten (10) single family duplex homes and one (1) single family triplex home. The subject site is located adjacent to Sylvan Beach Park and Bayshore Dr., and is legally described as Lots 7 27, Block 32 and Lots 20-21, Block 31, Beach Park Subdivision. The subject site is zoned Mixed Use (MU. 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 MU zoning district. The Commission voted 8-0 to recommend approval of the proposed SCUP. 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 Appropriations Agenda Date Requested: April 8, 2019 Source of Funds: N/A Requested By: Ian Clowes___________ 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 Charles Anders, on behalf of Bayway Homes, owner, is seeking approval of an amendment to a previous Special Conditional Use Permit (SCUP) which was approved in 2016, permitting nine ts. The applicant has acquired four additional lots in the same block and would like to expand the existing SCUP to Lots 20-21, Block 31, and Lots 18-19, Block 32, to allow for four additional units. Also, the applicant is seeking permission to allow a triplex to be built on Lots 7-9, Block 32, as opposed to the approved duplex units. The total subject site area is legally described as Lots 7 - 27, of Block 32, and Lots 20-21, Block 31, Beach Park Subdivision, Drive. The attached Exhibit B is an Area Map showing the location of the subject property. The lots are zoned Mixed Use (MU), and are currently undeveloped. Staff did not receive any comment sheets for the proposed SCUP. The Planning and Zoning Commission, at their February 21, 2019, regular meeting, voted 8-0 to recommend approval of the proposed SCUP, as presented. Below is a list of conditions from the original 2016 SCUP approval, along with modifications permitting the single triplex unit. 1. A site development plan shall be submitted in accordance with applicable requirements of the City of of the City of La Porte and the State of Texas. 2. The underlying zoning is MU. All MU requirements will need to be met. 3. One single family attached duplex unit is permitted on two platted lots within the development area. 4. A fire wall is required along the shared property line separating each unit in accordance with applicable residential building and fire codes. 5. Perimeter setbacks are 15' minimum to 25' maximum from the front property line, a minimum of 5' from the side property lines and a minimum or 10' from the rear property line. 6. Special allowance is given to the setback for Lot 22 due to the irregular shape of the lot. The side/rear 7. A minimum of two off-street parking spaces shall be included for each individual unit. 8. A triplex structure is permitted to be located on Lots 7-9, Block 32 within the Beach Park Subdivision. 9. All necessary documentation for building permit review must be submitted in conjunction with the application process for any proposed building improvements. 10. Any substantive modifications to this Special Conditional Use Permit will require an amendment to . 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 #19-91000001. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date Council Agenda Item April 8, 2019 7 (a)Receive report of the La Porte Drainage and Flooding Committee Meeting Councilmember Jay Martin