HomeMy WebLinkAbout02-21-13 Regular Meeting and Public Hearing of the Planning and Zoning Commission
City of La Porte Planning and Zoning Commission Agenda
RegularMeetingand Public Hearing
Notice is hereby given of a of the La Porte Planning and
February21, 20136:00 P.M
Zoning Commission to be held on , at . at City Hall Council Chambers,
604 WestFairmont Parkway, La Porte, Texas, regarding the items of business according to the
agenda listed below:
1.Call to order
2.Roll Call of Members
3.Consider approval of January17, 2013, meeting minutes.
4.Open Public Hearing to receive public input regarding proposed regulations for Dust Free
Surface criteria for all Zoning Districts.
A.StaffPresentation
B.Proponents
C.Opponents
D.Proponents Rebuttal
5.Close Public Hearing
6.Consider recommendation to City Council regarding proposed amendments to Chapter 106
“Zoning” of the Code of Ordinances, for the purpose of enacting regulations for Dust Free
Surface criteria for all Zoning Districts.
7.Receive an update on the Planning and Zoning Commission Subcommittee’s review of Chapter
106 “Zoning” of the City’s Code of Ordinances.
8.Administrative Reports
9.Commission Commentson matters appearing on agendaor inquiry of staff regardingspecific
factual information orexisting policy
10.Adjourn
A quorum of City Council members may be present and participate in discussions during this meeting;however,
no action will be taken by Council.
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees,requests should be received
24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the February21, 2013, agenda of items to be considered by the Planning and
Zoning Commission was posted on the City Hall bulletin board on the ____ day of __________,2013.
Title: ______________________________
____________________________________________________
Out of consideration for all attendees of the meeting, please turn off all cell phones and
pagers, or place on inaudible signal. Thank you for your consideration.
Minutes of the Meeting
Planning and Zoning Commission
Minutes of January 17, 2013
Commissioners Present: Richard Warren, Helen LaCour, Phillip Hoot, Mark Follis,Doretta Finch, Les
Bird, and Hal Lawler
Commissioners Absent: Danny Earp and Lou Ann Martin
City Staff Present: City Planner Masood Malik, City Engineer Julian Garza, Assistant City Attorney
Clark Askins, and Office Coordinator Peggy Lee
Call to order.
1.
Meeting called to order by Chairman Hal Lawler at 6:01 p.m.
Roll Call of Members.
2.
Commissioners Warren, LaCour, Hoot, Follis, Finch, Bird, and Lawler were present for roll call.
Consider approval of November 15, 2012, meeting minutes.
3.
Motion by Commissioner Bird to approve the November 15, 2012, meeting minutes. Second by
Commissioner Hoot. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, Finch, Bird, and Lawler
Nays: None
Open Workshop to discuss Planning and Zoning Commission Subcommittees recommended options
4.
for amendments to Dust Free Surface regulations.
Chairman Lawler opened the workshop at 6:02 p.m.
City Engineer Julian Garza presented a summary of the subcommitt
amending the ordinances pertaining to dust free surfacing. Commissioners offered suggestions for
clarification, which are reflected below:
With the various land use possibilities in a Planned Unit Development (PUD), the underlying
land use will be applicable, unless the actual use is greater than the underlying use, in which
case the strictest use would apply.
Continue to allow storage areas to be grassed to control dust if behind the fenced area,
graded to drain, and access is limited.
Redevelopment of a property, in this case the area shown on a site plan that is being
redeveloped, would require meeting the proposed dust free ordinance condition
residential development.
Proposed minimum design standards for GC and Industrial zones, T- specify
exact section from TXDOT code that applies to the chip seal application.
Eliminate references to Enviroguard and replace with TXDOT specifications for application.
Be consistent with references to lay down yards and storage area
Planning and Zoning Commission
Minutes of January 17, 2013
Page 2 of 3
If adopted, the proposed design standards for dust free surfacin
developments, but would not address problems that currently exist within the City.
Commissioners discussed how dust free surface violations wouldssistant City
Attorney Clark Askins stated the City would need to address the matter as an environmental nuisance
rather than a zoning issue.
Motion by Commissioner Follis to 1) accept the subcommittees recommended options for dust free
ordinance considerations and include additional clarification p
below, and 2) direct staff to make the suggested changes to the ck to the
Commission for a public hearing and final consideration.
With the various land use possibilities in a Planned Unit Development (PUD), the underlying
land use will be applicable, unless the actual use is greater than the underlying use, in whi
case the strictest use would apply.
Continue to allow storage areas to be grassed to control dust if behind the fenced area,
graded to drain, and access is limited.
Redevelopment of a property, in this case the area shown on a site plan that is being
redeveloped, would require meeting the proposed dust free ordinance conditi
residential development.
Proposed minimum design standards for GC and Industrial zones, T- specify
exact section from TXDOT code that applies to the chip seal application.
Eliminate references to Enviroguard and replace with TXDOT specifications for application.
Be consistent with references to lay down yards and storage area
Second by Commissioner Finch. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, Finch, Bird, and Lawler
Nays: None
Consider review of 1) Chapter 106 Zoning of the Citys Code of
5.
Development Ordinance 1444.
City Planner Masood Malik presented the staff report on the review of the Zoning and Development
Ordinances. Mr. Malik reported these two documents are 25-30 years old and in need of overall
review by the Commission. Commissioners agreed it would be beneficial to start by reviewing the
Zoning Ordinance and forming subcommittees consisting of Commissioners, staff, and possibly
citizens, if any are interested.
Motion by Commissioner Warren to form a subcommittee to work with staff on review of the Zoning
Ordinance with the subcommittee initially consisting of Commissioners Follis serving as Chairman,
Bird, and Hoot. Second by Commissioner LaCour. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, Finch, Bird, and Lawler
Nays: None
Planning and Zoning Commission
Minutes of January 17, 2013
Page 3 of 3
Administrative Reports
6.
Mr. Malik expressed appreciation for the work performed by the subcommitte
free surfacing criteria.
Mr. Malik polled the Commission for interest in attending Planni
th
Seminar in Houston, February 4. Commissioners Lawler and Bird confirmed their attendance for all
thth
day February 4. Commissioner Follis confirmed for the p.m. session on Februar and will look into
possibly attending one of the technical sessions.
Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual
7.
information or existing policy.
Commissioner Finch thanked the subcommittee and staff for their
surface criteria.
Commissioner Warren thanked the subcommittee and wished everyone a happy new year.
Commissioner LaCour also thanked the subcommittee and wished eve
Commissioner Hoot commented he recently learned that staff repre
the Planning and Zoning Commission; this confusion previously caused problems for him because he
was acting under the wrong assumption.
Following up on Commissioner Hoots comment, Commissioner Follis commented on the various forms
of city government structure.
Commissioner Bird appreciated the opportunity to serve on the dust free surface criteria
subcommittee and looks forward to working on the subcommittee to
Chairman Lawler thanked the subcommittee and staff for their wor
Adjourn
8.
Motion by Commissioner Warren to adjourn. Second by Commissioner Bird. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Follis, Finch, Bird, and Lawler
Nays: None
Chairman Lawler adjourned the meeting at 7:24 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Planning and Zoning Commission
Passed and Approved on __________________ ______, 2013.
Hal Lawler
Chairman, Planning and Zoning Commission
Dust Free Surface
(Zoning Ordinance Amendments)
Exhibits
A.Staff Report
B.Draft Ordinance
Staff Report, 2013
February 21
Dust Free Surface
Background
City Council received an inquiryabout an effective enforcement of the City’s dust free
surface criteria. Council directed staff to study the issue and present it to the Planning and
Zoning Commission for their consideration.The Planning and Zoning Commission
formed a subcommittee, whose members include Danny Earp, Mark Follis, Phillip Hoot,
and Les Bird. The subcommittee worked with the City staffto analyzethe criteria and
provide a recommendation for dust free surfacing.
During the January 17, 2013, meeting, the Planning and Zoning Commission considered
recommended options based on the subcommittee’s inputand asked staff to arrange a
public hearing by the next meeting.
The City of La Porte’s Zoning Ordinance requires a dust free surface for areas intended
to be utilized for parking, driveways and areas intended to be utilized for storage
requiring vehicle use as shown in the sections referenced below. In addition, Ordinance
No. 904 dated 11-15-71,prescribes standards for concrete used in the construction of
driveways, sidewalks, and patios.
Existing Requirements:
Section 106-835(f) requires a material suitable to control dust and drainage, except in the
case of single-family and two-family dwellings, which requires a dust free surface in
conformance with the Public Improvement Criteria Manual (currently interpreted to
require either a concrete or asphalt driveway).
Section 106-837 requires a concrete or bituminous (asphalt) driveway for single-family,
two-family, and townhome accessory off-street parking.
Section 106-416 requires the first 40 feet of a 12-foot wide driveway and the first 20 feet
of a 20-foot wide driveway be dust free, but does not define the dust free surface.
Section 106-444 (b) allows for a storage area to be grassed or surfaced to control dust.
Recommended Requirements:
While the above code sections do not necessarily conflict with each other, they present a
problem to staff in their administration due to being vague and poorly defined to address
the full spectrum of development scenarios.
Dust Free Surface
Zoning Ordinance Amendment
Page 2of 2
Staff has incorporated all recommended options into a new Section 106-841, “Paving
Surfaces”, and deleted corresponding Section106-835(f) all, amended Section 106-837,
Section 106-416, and Section 106-444(b) to proposed dust free ordinance (see attached).
Conclusion/Recommendation:
Based on the subcommittee’s input, staff’s research and prevailing conditions in the area,
staff recommends inclusion of the above referenced section and other provisions in the
ordinances.
Actionsby the Commission:
1.Conduct public hearing
2.Discuss the issues
3.Make a Recommendation to City Council at conclusion of a public hearing.
2
ORDINANCE NO. ______________
AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING DUST FREE SURFACE
REGULATIONS ANDESTABLISHINGSTANDARDS FORPAVING SURFACES;
PROVIDING A REPEALING CLAUSE; CONTAININGA SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”,Division 2. “Residential District Regulations”,Subdivision VI, “LL Large Lot
District”is hereby amended by amending Section 106-416“Special Regulations”, subsections (s)
and (t), which subsectionsshall hereinafter read as follows:
“Sec. 106-416.Special regulations.
…
(s)Driveways(12’):First 40’ dust free
(t)Driveways(20’):First 20’x20’ dust free
…
Section 2.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III.
“Districts”, Division 3. “Commercial District Regulations”, Subdivision I, “Generally”is hereby
amended by amending Section 106-444“Special use performance standards”, to delete
subsection (b)(3), which subsection shall hereinafter read as follows:
“Sec. 106-444. Special use performance standards.
…
(b)Outdoorstorage.Openandoutdoorstorageasanaccessoryorprincipaluseprovided
that:
(1)Theareaisscreenedfromviewofneighboringresidentialusesoranabutting
residentialdistrictincompliancewithsection106-444(a).
(2)Storageisscreenedfromviewfromthepublicright-of-wayincompliancewith
section106-444(a).
(3)Storageareaisgrassedorsurfacedtocontroldust.
(4)Alllightingshallbehoodedandsodirectedthatthelightsourceshallnotbe
visiblefromthepublicright-of-wayorfromneighboringresidencesandshallbe
incompliancewithsection106-521(c),footnoteA.
...
Section 3.
ThatChapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby amended by amending Section 106-835“Design Standards”, to delete
subsection(f)“Surfacing”, which section shall read as follows:
“Sec. 106-835.Design standards
.
Sec.106-835.-Designstandards(alsoseeFigures10-1,10-2and10-3).
(a)Parkingspacesize.Eachstandardparkingspaceshallnotbelessthanninefeet
wideand18feetinlength,andeachADAaccessibleparkingspaceshallnotbelessthan
14feetwideand20feetinlength,exclusiveofaccessaisles,andeachspaceshallbe
servedadequatelybyaccessaisles
(b)Withinstructures.Theoff-streetparkingrequirementsmaybefurnishedby
providingaspacesodesignedwithintheprincipalbuildingofonestructureattached
thereto;however,unlessprovisionsaremade,nobuildingpermitshallbeissuedto
convertsuchparkingstructureintoadwellingunitorlivingareaorotheractivityuntil
otheradequateprovisionsaremadetocomplywiththerequiredoff-streetparking
provisionsofthischapter.
(c)Circulation.
(1)Exceptinthecaseofsingle-family,two-familyandtownhousedwellings,
parkingareasshallbedesignedsothatcirculationbetweenparkingbaysoraisles
occurswithinthedesignatedparkinglotanddoesnotdependuponapublicstreet
oralley.Exceptinthecaseofsingle-family,two-familyandtownhouse
dwellings,parkingareadesignwhichrequiresbackingintothepublicstreetis
prohibited.
(2)Allmultifamilydevelopmentsmustincludeanareadesignatedfor
accommodationofschoolbusesandtheloadingandunloadingofpassengers.
Whereverpossiblesaidpickup/dropoffsitesshouldbelocatedsuchthatthe
passengerscanbeprotectedfromtheelements.Suchareasmustcomplywith
minimumstandardsnecessaryfortheefficientingress,egress,andmaneuvering
ofschoolbusesfortheloadingandunloadingofpassengersassetbytheLaPorte
IndependentSchoolDistrict.Acopyofthesestandardscanbeobtainedfromthe
schooldistrict.
(3)Inthecaseofoff-streetparkingfacilitieslocatedwithinmultifamily
developmentsallnon-adjacentgaragestructuresdividedbyparkingbaysor
accessaislesshallbeseparatedbynolessthan28feet.
(4)Maneuveringaisle.Aminimumofa25-footmaneuveringaisleisrequired
for90-degreeparking.Aminimumofa18-footmaneuveringaisleisrequiredfor
60-and45-degreeparking.
(d)Parallelparkingspaces.Inallcases,parallelparkingspacesshallbe22feetin
length.Exceptinthecaseofsingle-family,two-familyandtownhousedwellings,parking
2
areasandtheiraislesshallbedevelopedincompliancewiththestandardscontainedin
Figures10-1and10-3.
(e)"Head-in"parkingspaces.Inthecaseofoff-streetparkingfacilitieslocated
o
withinmultiple-familydevelopmentsexclusivelyserving"senior"ageindividuals,all90
or"head-in"parkingisprohibited.
FIGURE10-1
3
FIGURE10-2
CURBANDDRIVEWAYCRITERIA,RESIDENTIALDISTRICTS
(R-1,R-2,R-3,MH)
DrivewayRequirements
Drive width12
Curb return radius
Distance from intersection
Spacing between driveway
Distance from side lot line
Intersecting angle90
Approach grade5% max.
For concrete drives only:
a.Material
w/ 6×6-6/6 W.W.M.
b.Expansion jointAt property line
c.Curb (if applicable)Curb disappearing at
property line
Obstruction clearance
hydrants, etc.
4
*Thisdistanceshallbemeasuredfromtheintersectionofpropertylinescommonwith
streetright-of-waylines.
FIGURE10-3
CURBANDDRIVEWAYCRITERIA
COMMERCIALANDINDUSTRIALDISTRICTS
(CR,NC,GC,BI,LI,HI)
Driveway CriteriaRequirements
CommercialIndustrial
Drive width
Curb return radius
Distance from intersection
Spacing between driveways
Number of accesses
% of property frontage40%40%
Intersecting angle9090
Approach grade5% max.5% max.
Expansion jointAtprop. lineAt prop. line
CurbsDisappearingDisappearing
at prop. lineat prop. line
Obstruction clearance
Distance from side lot line
*Thedistanceshallbemeasuredfromtheintersectionofpropertylinescommonwiththe
streetright-of-waylines.
(e)Drivewayapproaches.Drivewayapproachesshallbeaminimumtwofeetfrom
thesidepropertylineinresidentialdistricts,andtenfeetfromthesidepropertylinein
businessorindustrialdistricts,orR-3residentialdistricts.
(f)Surfacing.Allareasintendedtobeutilizedforparkingspaceanddrivewaysshall
besurfacedwithmaterialssuitabletocontroldustanddrainage.Exceptinthecaseof
single-familyandtwo-familydwellings,drivewaysandstallsshallbesurfacedin
conformancewiththepublicimprovementscriteriamanual.Plansforsurfacingand
drainageofdrivewayandstallsforfiveormorevehiclesshallbesubmittedtothe
directorforhisreviewandthefinaldrainageplanshallbesubjecttohiswrittenapproval.
(g)Striping.Exceptforsingle-family,two-familyandtownhousedwellings,all
parkingstallsshallbemarkedwithpaintedlinesnotlessthanfourincheswide.
(h)Lighting.Anylightingusedtoilluminateanoff-streetparkingareashallbeso
arrangedastoreflectthelightawayfromadjoiningproperty,abuttingresidentialuses
andpublicright-of-way.
5
(i)Curbing.Exceptforsingle-family,two-familyandtownhousedwellings,allopen
off-streetparkingshallhaveacurbbarriernotcloserthantwofeettoallstreetfrontage.
(j)Requiredscreening.Anyscreeningrequiredshallconsistofthefollowing:
(1)Aplantingstripshallconsistofevergreengroundcover,andshallbeof
sufficientwidthanddensitytoprovideaneffectivescreen.Theplantingstripshall
containnostructuresorotheruse.Suchplantingstripshallnotbelessthansix
feetinheight.Earthmoundingorbermsmaybeused,butshallnotbeusedto
achievemorethantwofeetoftherequiredscreen.
(2)Standards:
a.Widthofplantingstrip:Fourfeet.
b.Typeofplanting:Evergreen.
c.Sizeofplants:Minimalheightoffourfeetattimeofplanting.Must
reachaheightofsixfeetwithintwoyears.
d.Plantingdensity:Suchthatwithintwoyearsofnormalgrowth,asolid
screenwillbeformedtoaheightofatleastsixfeetaboveadjacentgrade.
(3)Screeningwillberequiredinthefollowingsituations:
a.Parkingareasforrecreationalbuildings,communitycenters,religious,
andprivateandpubliceducationalinstitutions.
b.Manufacturedhousingparksandsubdivisionsscreenedfromabutting
uses.
(4)Requiredscreeningwillcounttowardtherequiredpercentageoflandscaping.
(k)Parkinglotscreening.Alandscapebuffershallbemaintainedbetweenallopen,
nonresidentialoff-streetparkingareasoffiveormorespacesabuttingresidentialdistricts.
Landscapebuffersshallbeaminimumoffourfeetinwidth.Plantingsshouldconsistof
treesandlowevergreenshrubs.Plantingplansshallbeapprovedbythedirector.
Section 4.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby amended by amending Section 106-837,“Location”, subparagraph (6),
which subsection shall hereinafterread as follows:
“Sec.106-837.Location.
…
(6) In the case of single-family, two-family, and townhouse dwellings, parking shall be
prohibited in any portion of the front yard except designated driveways or one open, surfaced
space located on the side of a driveway, away fromthe principal use. Suchextraspaceshallbe
surfacedwithconcreteorbituminousmaterial.
…
6
Section 5.
That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off-
Street Parking”, is hereby establishedby adding new Section 106-841“Paving Surfaces”, which
shall read as follows:
“Sec. 106-841. Paving Surfaces.
A.Purpose.Thepurposeoftheregulationssetforthinthissectionistoencourage
highqualityresidentialandnonresidentialdevelopmentsbyavoidingpoorquality
surfacesandbycreatingaharmoniousblendofqualitydevelopments.Thisis
accomplishedbycreatingmeasurementsorstandardstoensurequality
establishments,constructionandreconstructionoflandassetforthherein.This
sectionisintendedtoinfluencesuchdesignstandardsforconstructionand
reconstructionprojectsinamannerthatachievesavisuallydesirableenvironmentin
asafeandbeneficialmannercomplementingsuchdevelopmentssurroundingsand
protectingprivatepropertyvalues.This,inturn,promoteseconomicgrowthand
preservespropertyvaluestothebettermentofallpropertyowners.Thecriteriaforthe
surfacedesignstandardsandtheprescriptionsregardingoff-streetparking,paving,
constructionandreconstructionaremandatory.
B.Applicability.ThisSectionappliestopropertiesmeetingthefollowingcriteria:
1.R-1andR-2zones:SixinchesofCourseAggregateBase(limestone,crushed
concreteandcalciumsulfate)with1½inchHotMixedAsphaltConcreteOR
minimum4inchConcretepavement.Reinforcement#66x6W.W.M.or#3bars@18
inchO.C.
2.R-3andMHZones:Minimum5inchConcretepavement.Reinforcement#4bars
@24inchO.C.
3.LargeLot(LL)zone:CourseAggregateBase,ReclaimedAsphaltConcrete,
SurfaceTreatmentperTxDOTSpecification316,HotMixedAsphaltConcrete,and
Concretepavementsareallowedwithoutminimumdesignstandards.
4.NCandMSzones:6inchstabilizedsubgradewith6inchCourseAggregateBase
and1½inchHotMixAsphaltConcreteOR6inchstabilizedsubgradewith5inch
Concrete.Reinforcement#4bars@24incho.c.
5.GCzone:SurfaceTreatmentperTxDOTSpecification316,6inchstabilizedsub
gradewith6inchCourseAggregateBaseand1½inchHotMixAsphaltConcrete
OR6inchstabilizedsubgradewith5inchConcrete.Reinforcement#4bars@24
incho.c.
6.BI,LI,HIzones:SurfaceTreatmentperTxDOTSpecification316,Cationic
ModifiedPetroleumResinandAsphaltEmulsion(perSpecificationinitemDbelow)
allowedbehindthefenceareaswith6inchstabilizedsubgradeand8inchCourse
AggregateBase,6inchstabilizedsubgradewith8inchCourseAggregateBaseand
1½inchHotMixAsphaltConcreteor6inchstabilizedsubgradewith8inch
Concrete.Reinforcement#4bars@24incho.c.
C.SpecialConditions.
7
1.LaydownyardsorstorageareasshallcomplytherequirementsofSection106-841.
Storageareasmaybegrassedtocontroldustifgradedtodrainandaccessislimited.
2.RedevelopmentofapropertyshallcomplywiththerequirementsofSection106-
841excludingresidentialdevelopment.
3.APUDwillbeapplicabletotheunderlyinguseatthetimeofdevelopmentor
redevelopment.
4.Inallcases,drawingsshallincludenotestospecifycompactionrequirementsfor
materialsusedoncommercialandindustrialprojects.
5.Removalandreplacementofexistingmaterialformaintenancewouldnotrequire
complyingwiththerequirementsofSection106-841.
6.MinimumdesignstandardsmaybewaivedwithsubmittalofEngineeringdesign
signedandsealedbyaprofessionalengineer.
D.Dilution Ratio –Emulsion product delivered in a liquid emulsion concentrate which
is diluted with Cold and Warm potable or non-potable water at the ratio of 1 part
emulsion product to 5-8 parts water.
Application Rates: 0.25 –0.50 diluted gallons per square yard.
Procedure: Initial Treatment –Base Course Applications
Day 1: Apply diluted product at .50 gal per sq.yd.
Days 8 & 22: Repeat same procedure as Day 1
Remedial Applications:
Applied at 30-90 days after establishing base course contingent upon traffic and
wear patterns
These specs are intended to specify a specialized modified emulsion with wetting agents and
long term diluting stabilizing agent to be used as an All weather dust control. Material to be
diluted with cold or warm potable or non-potable water.
SpecMin.Max.
.
Viscosity S.F. @ 77ºF Sec.075
Residue, % min3545
Sara 3 ingredient level00
Moisture, wt %-62
Kinematic Viscosity, Goc, est100-
Soluble in Trichlorethylene-8
Ash % wt.-2
Specific Gravity.981.10
Ph3.75
Softening point on asphalt150ºF190º
…
Section 6
:All ordinances or parts of ordinances inconsistent with the terms of this ordinance,
including but not limited to City of La Porte Ordinance 904,passed and approved on November
15, 1971,are hereby repealed; provided, however, that such repeal shall be only to the extent of
8
such inconsistency and in all other respects this ordinance shall becumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 7:
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 8
.Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision ofthis ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 9.
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, Texas LocalGovernmentCode; 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 10.
This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give noticeof the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at leastoncewithin ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
TexasLocal Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the______ day of _________________, 2013.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
9
Zoning Ordinance Review
(Update)
Staff Report, 2013
February 21
Zoning Ordinance
“
Chapter 106”
Review
Summary:
At the January17, 2013, meeting, the Planning and Zoning Commissionformed a
subcommittee,whose members include Mark Follis, Phillip Hoot, and Les Bird. The
subcommittee is workingwith the City’s Planning DirectorandCity Plannerto review
Chapter 106 “Zoning” of the City’s Code of Ordinances.
The subcommittee met two timestodiscuss reviewcriteria for the Zoning Ordinance.
Staff provided a digital and hard copies of the zoning ordinance for their convenience.
The subcommittee discussed short and long term goals, prospects of recommendation by
the Planning Department auditors to City Council and ways to tackle the issues as a
whole. Staff was directed to furnish the working draft of Chapter 106 with all current
updates. Department policies are under review by the subcommittee at this time. The
subcommittee will review the working draft with all changes/amendments, and
recommendations by the staff. Later, the subcommittee will review or add audit
recommendations, review/incorporate departmental policies, and forwardDraft
Ordinance to the Planning and Zoning Commission for their consideration.
In addition, the subcommittee has suggested for inclusion ofadditional member as an
alternate for reviewprocess.
Actions by the Commission:
1.Discuss progress of the subcommittee
2.The Commissionmay elect to:
Add another member to the subcommittee
Discuss any matters related to the zoning ordinance.