HomeMy WebLinkAbout09-19-13 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning CommissionCity of La Porte Planning and Zoning Commission Agenda
Notice is hereby given of a Regular Meeting, Public Hearing, and Workshop of the La Porte
Planning and Zoning Commission to be held on September 19, 2013, at 6:00 P.M. at City Hall Council
Chambers, 604 West Fairmont 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 July 18, 2013, meeting minutes.
4. Open Public Hearing to receive public input on Rezone Request#13-92000002, which has
been requested for 17.3705 acres of land situated in the Richard Pearsall Survey, Abstract 625,
La Porte, Harris County, Texas. Kenneth Schick, authorized agent for the trustee, seeks to have
the property rezoned from General Commercial (GC) to Low Density Residential (R-1) for a
proposed single-family residential subdivision at Sens Road and Spencer Highway.
A. Staff Presentation
B. Proponents
C. Opponents
D. Proponents Rebuttal
5. Close Public Hearing
6. Consider recommendation to City Council regarding Rezone Request #13-92000002 for
change from General Commercial (GC) to Low Density Residential (R-1) for 17.3705 acre tract of
land located along Sens Road and Spencer Highway.
7. Open Workshop to discuss:
A. Discuss Truck Routes
B. Review the Planning & Zoning Commission public hearing agenda format.
C. Review process of non -conforming development via zoning permits.
8. Administrative Reports
Status update of Zoning Ordinance (Chapter 106) Review
9. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific
factual information or existing 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 September 19, 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 12013.
Title:
Minutes of the Meeting
Planning and Zoning Commission
Minutes of July 18, 2013
Commissioners Present: Richard Warren, Phillip Hoot, Helen LaCour, Danny Earp, Mark Follis,
and Hal Lawler
Commissioners Absent: Doretta Finch, Lou Ann Martin, and Les Bird
City Staff Present: City Planner Masood Malik, City Engineer Julian Garza, Assistant City
Attorney Clark Askins, and Office Coordinator Peggy Lee
1. Call to order.
Meeting called to order by Chairman Hal Lawler at 6:02 p.m.
2. Roll Call of Members.
Commissioners Warren, Hoot, LaCour, Earp, Follis, and Lawler were present for roll call.
3. Consider approval of June 20, 2013, meeting minutes.
Motion by Commissioner Hoot to approve the June 20, 2013, meeting minutes. Second by
Commissioner Follis. Motion carried.
Ayes: Commissioners Warren, Hoot, LaCour, Earp, Follis, and Lawler
Nays: None
4. Open Public Hearing to receive public input on Rezone Request #13-92000001, which has been
requested for 12.2544 acres of land being a portion of a 17.7717 acre tract of land located
along Canada Road, further described as TRS 692C, 693113, 706 and 707, La Porte Outlots as
recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones
Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have the property
rezoned from General Commercial (GC) to High Density Residential (R-3) for proposed
Mariposa Apartment Homes at Pecan Park.
Chairman Lawler opened the public hearing at 6:05 p.m.
A. Staff Presentation
City Planner Masood Malik presented the staff report. The applicant has requested
12.2544 acres along Canada Rd. be rezoned from General Commercial to High Density
Residential for the purpose of developing 180 apartment homes to be known as
Mariposa Apartment Homes at Pecan Park.
Public hearing notices were mailed to 21 property owners located within 200' of the
subject site. The City received two responses in favor of the rezone.
Staff recommended approval of the zone change request with a stipulation that the
developer provide written confirmation of a tax credit award for the project from the
Texas Department of Housing and Community Affairs.
Planning and Zoning Commission
Minutes of July 18, 2013
Page 2 of 3
B. Proponents
Casey Bump, 800 W. 3rd, Austin, Texas, representing Bonner Carrington, addressed the
Commission. Mr. Bump briefly described the project and provided Commissioners a
handout with photos of properties developed by Bonner Carrington similar to the
development being proposed. On July 25, the Texas Department of Housing and
Community Affairs is expected to announce official confirmation of a housing tax credit
award for the proposed development. A condition of the award requires submittal of
proof of zoning.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no rebuttals.
5. Close Public Hearing
Chairman Lawler closed the public hearing at 6:19 p.m.
6. Consider recommendation to City Council regarding Rezone Request #13-92000001 for change
from General Commercial (GC) to High Density Residential (R-3) for 12.2544 acres of land
located along Canada Road.
Motion by Commissioner Follis to recommend to City Council, approval of Rezone Request #13-
92000001 rezoning 12.2544 acres of land located along Canada Road from General Commercial
(GC) to High Density Residential (R-3). Second by Commissioner Hoot. Motion carried.
Ayes: Commissioners Warren, Hoot, LaCour, Earp, and Follis
Nays: Commissioner Lawler
7. Open Workshop to discuss:
Chairman Lawler opened the workshop at 6:19 p.m.
A. Amendments to the ordinances pertaining to Domestic Livestock to be allowed on
commercially zoned properties.
City Planner Masood Malik presented the staff report. A list of suggested minimum
requirements was presented if, at the conclusion of discussions, the Commission
favored allowing domestic livestock on commercially zoned properties.
There was an instance brought up where domestic livestock was known to have been on
a specific general commercial tract for many years. In this case, the Commission
determined the use was allowed because it had been grandfathered.
Planning and Zoning Commission
Minutes of July 18, 2013
Page 3 of 3
By Consensus, the Commission agreed domestic livestock should be restricted to the
Large Lot District.
B. Additional Truck Routes along S. 16t" Street
In response to a request previously received, discussion on this item was postponed to
the next meeting.
8. Administrative Reports
There were no Administrative Reports.
9. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific
factual information or existing policy.
Commissioner Warren thanked the group for their work and welcomed back Commissioner LaCour.
Commissioner LaCour stated she was glad to be back.
Commissioner Follis reported the subcommittee is continuing work on converting the SIC codes to
NAICS.
10. Adjourn
Motion by Commissioner Warren to adjourn. Second by Commissioner LaCour. Motion carried.
Ayes: Commissioners Warren, Hoot, LaCour, Earp, Follis, and Lawler
Nays: None
Chairman Lawler adjourned the meeting at 6:44 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Planning and Zoning Commission
Passed and Approved on
Hal Lawler
Chairman, Planning and Zoning Commission
, 2013.
Zone Change Request
#13-92000002
Exhibits
Staff Report
A. Aerial Map
B. Preliminary Site Plan
C. Public Notice Response
Staff Report
Zone Change Request
#13-92000002
September 19, 2013
Requested by: Ken Schick on behalf of Lawrence B. Chapman, Trustee
Requested for: Proposed Single -Family Residential Subdivision (Beazer Homes -Builder)
Legal Description: 17.3705 acres of land situated in the Richard Pearsall Survey, Abstract No.
625, La Porte, Harris County, Texas, and being all of lots 56 7 57 and
portions of Lots 58, 59, 60, 63, 64 & 65 of the La Porte Outlots as recorded
under Volume 59, Page 313 of the Harris County Deed records, and being
out of a called 6.6322 acre tract conveyed to Lawrence B. Chapman, trustee
as recorded under Harris County Clerk's File No. H205928, and out of a
called 25.8292 acre tract conveyed to Lawrence B. Chapman, Trustee as
recorded under H.C.C.F. No.G933350 and previously apportioned and
occupied area of the north -south excess in the Block between North D Street
and Spencer Highway.
Location: Sens Road @ Spencer Highway
Present Zoning: General Commercial (GC)
Requested Zoning: Low Density Residential (R-1)
Surrounding Zoning:
North — Large Lot Residential (LL) & General Commercial (GC)
South — General Commercial (GC)
East — General Commercial (GC)
West — Low Density Residential (R-1)
Background: Approximately 33 acres of undeveloped land is located at the northwest
corner of Spencer Highway and Sens Road near the intersection with Bay
Area Blvd. The adjoining property to the west is Spencer Landing
Subdivision. Several years ago, the subject property was rezoned from
Large Lot (LL) and High Density Residential (R-3) to General Commercial
(GC) for future commercial activities.
Previous rezoning was requested following the recommendations &
conclusions of a retail study conducted in 2006. Buxton has selected Site 42
(Bay Area Blvd. & Spencer Highway) as having retail trade potential.
413-92000002
P&Z 09/19/13
Page 2 of 4
The 33 acres property has approximately 1600 feet of frontage along
Spencer Highway and 900 feet along Sens Road. The property in question is
also in the vicinity of single-family residential subdivision, La Porte
Independent School District's undeveloped property along Sens Road, Credit
Unions, City of La Porte's Public Works Department, Police Department
and the La Porte Municipal Court.
With the extension of Bay Area Boulevard from Fairmont Parkway to
Spencer Highway, improvement to the intersection of Spencer Highway and
Sens Road has been completed. Currently, Harris County is undertaking the
project of Sens Road widening from Spencer Highway to North `P' Street
connecting with State Highway 225. Both, Spencer Highway and Bay Area
Boulevard are classified as primary arterial roadways.
As, the housing market is turning around and housing demand is up, the
applicant seeks to rezone 17.3705 acres of this property from General
Commercial (GC) to Low Density Residential (R-1) for proposed
development of single-family residential subdivision. A designated builder
for this subdivision is Beazer Homes.
Analysis: In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and
Economic Development. The specific issues considered are as follows:
Land Use -- Review of the City's future Land Use Plan shows the subject
tract developing as commercial, however, single-family residential uses are
shown and exist near the intersection of Spencer Highway and Bay Area
Boulevard (Sens Road).
The proposed amendment will reconfigure the future land uses in
preparation to develop only the rear portion of the property as residential.
The current configuration of the land does not lend itself to logical
development of the property due to current parcel configuration and depth.
The proposed amendment will not change the relationship to the public
health, safety, welfare or protection of the environment. However, the
following aspects should be considered for a rezone request:
• Ability of infrastructure to support the permitted use
• Impact on the value and practicality of the surrounding land uses
• Conformance of a zoning request with the land use plan
• Character of the surrounding and adjacent areas
• Suitability of the property for the uses which would be permissible,
considering density, access and circulation, and adequacy of public
facilities and services
413-92000002
P&Z 09/19/13
Page 3 of 4
• The extent to which the proposed use designation would adversely affect
the capacity or safety of that portion of the road
• The extent to which the proposed use designation would create excessive
air pollution, water pollution, noise pollution, or other environmental
harm to adjacent properties
• The gain, if any, to the public health, safety, and welfare of the City.
The proposed amendment will leave adequate commercial land for this area.
Currently, there are commercial designated lands to the north and east of the
subject site along Sens Road and south side of Spencer Highway. This
proposal will set aside approximately 16 acres of commercial land along the
north of Spencer Highway to serve future commercial activities to support
residential development in the area.
Transportation — The tracts in question will have access to Sens Road,
which is currently a minor arterial with two lanes. The 60' right-of-way has
been widened to 100' right-of-way, however, pavement widening has not
yet occurred. The ultimate paving section will consist of four lanes and will
accommodate the additional traffic generated by this development.
Controlled access management techniques, possibility of turn lanes, posting
of signs to avoid any traffic conflicts, and split median at the only entrance
along Sens Road are suggested for emergency vehicular access and clear
identification of ingress/egress off this subdivision.
Sens Road is a Harris County maintained roadway, a Traffic Impact
Analysis study would be required by Harris County for proposed
development near the intersection of Sens Road and Spencer Highway.
Sens Road widening will have an impact on the future developments and
flow of traffic at this intersection.
Utilities — Water facilities are available to the property. A 12" water main is
located to the east side in the right-of-way of Sens Road. A 36"sanitary
sewer trunk main is located along the west side of Sens Road. In addition,
the developer must provide any structures or improvements necessary to
serve future development. Storm water drainage will be reviewed with the
plat submittal for proposed development. Detention shall be required to
minimize the drainage impact on the surrounding properties. Staff
recommends on -site subregional detention for the proposed development of
the entire 33 acres.
Economic Development - One of the aspects of the Comprehensive Plan is
to encourage new and sustained developments in the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging
in -fill development within existing infrastructure service areas and large
parcels of undeveloped properties.
413-92000002
P&Z 09/19/13
Page 4 of 4
Conclusion /
Recommendation:
The land allocated for commercial zones exceeds the demand for
commercial development. Therefore, a partial reallocation appears to be
responsive to demand and is an appropriate strategy to encourage future
economic development.
Spencer Landing Subdivision Homeowners Association — Written
comments have been received from a homeowner in the subdivision in
addition to a response from the La Porte Independent School District and the
Beacon Federal Credit union prior to the publishing of this staff report. A
property posting sign notifying the public of a public hearing on this request
was posted on the site on September 03, 2013. Mailout within 200' of the
subject property includes 35 homeowners/residents of this subdivision. In
addition, a courtesy letter from the Councilmember for this district was also
sent to the homeowners in this regard.
Based on the above analysis, staff finds the requested change conforms to
the abutting zoning and is suitable for the requested change to Low -Density
Residential, allowing single-family residential development at this particular
location. In addition, the proposed change does not have a probable
significant impact on the environment. Development within the subject tract
should not negatively impact the surrounding properties nor harm the value
of nearby properties.
Future development of the site may impact traffic and parks in the area. At
the time of development, additional review will be required to evaluate the
associated impacts. Traffic regulation signs, split median for ingress/egress,
and parkland fee are applicable for this proposed development.
Actions available to the Commission are listed below:
• Recommend to Council approval of this rezoning request, from
General Commercial (GC) to Low Density Residential (R-1)
• Recommend to Council denial of this rezoning request from General
Commercial (GC) to Low Density Residential (R-1).
• Table this item for further consideration by the Commission.
I_1 N =F_\ M I_1
(Rezone Request #13-925000002) N
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Meeting of the La Porte S E P 0 9 2013
m & Zoning -Cam
(Type of Meeting)
Scheduled for
September 19, 2013
(Date of Meeting)
IWa
Zone Change Request #13-92000002
('Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
Zee, I
Address.
City, State, Zip
A Meeting of the La Porte
Planning & Zoning Commission.
(Type of Meetuig)
Scheduled for
September 19, 2013
(Date of Meeting)
Tlyffflemw=
Zone Chance Request #13-92000002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR granting this request for the following reasons:
--
on v
I am OPPOSED to ,granting dais request for the following reasons:
'm'°' I
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A Meeting of the E-,a Porte
=2 2013
Planning & Zoning -Commission
(Type of Meeting) w�
September 19, 2013
(Date of Meeting)
10 Consider
Zone Change Request #13-92000002
(Type ofRequest)
l have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granti-tig tivs request for the following reasons:
AxName (please
Signature
Address
City,, State, Zip
If r
A Meeting of the Law Porte
Planning & Zoning -Commission � S E P 12 2013
(I pe of Meeting)
September 19, 2013
(Date of Meeting)
to Consider
Zone Change Request #13-92000002
(Type of Request)
I have received notice of the above referenced public hearing.
I �,rnm�FAtvi than request foxthe following
a
I am OPPOSED to granting this request for the following reasons:
Name (please px„apt}
Signature
Address
City, State, Zap
Truck Routes
(Discussion Item)
Exhibits
A. Staff Report
B. Applicant's Request
C.Official Truck Routes Map
APPLICANT'S PRESENTATION
(NOT RECEIVED TO DATE)
Staff Report September 19, 2013
Additional Truck Routes
Background:
At the June 20, 2013 meeting, the Commission held a workshop to review the City's official truck route map
and discussed possible addition of new truck routes near South 161' Street north of Fairmont Parkway.
Later, the Commission directed staff to prepare a recommendation within the following options (alternatives):
• To remove the requirement from trucking terminal section of the ordinances, which restrict location of
trucking terminal directly adjacent to an authorized truck routes.
• To designate portions of West `F' and South 14'h Streets as additional truck routes.
• No change to the existing provisions of the ordinances
Pros & Cons of the above three Alternatives are listed in the table below:
Action (Alternatives)
Pros
Cons
Amendment to the Ordinances
. Allow additional
• Expect more truck terminals
(Allowing Truck Terminals
developments in LI zoning
. Traffic Congestion
anywhere in LI & HI zoning
districts
. Additional maintenance of secondary roadways
districts)
. Economic activity
. Shortage of viable LI zoned properties for non -
enhanced in short term
truck terminal development
• Better coordination
. Loss of long term tax revenues otherwise
between access and land
expected
uses is accomplished
. General impression as trucking town
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No Changes to the Current
• Compliance with the
• Loss of truck terminal activity
Ordinance
community's wishes
(Maintaining requirement for
. Consistent with the City's
truck terminals to be on truck
Land Use Plan
route)
. Improve overall
impression of the City
• No new interpretation is
required.
• Limit trucks & trucking
facilities to appropriate
roadways
• Less deterioration of
secondary roadways
• Generate more economic
activities & revenues for
the City
Planning & Zoning Commission
September 19, 2013
Page 2 of 4
Analysis:
It is important to describe the difference between warehouse and trucking terminal and measure the
employment capacity and values generated by these land uses.
A warehouse is typically a large building for storage of goods or merchandise. A warehouse is an important link
for freight movement in intermodal transportation. Cargo that may come by ship, rail, or airplane is usually
stored in the warehouse before the carrier delivers it to its final destination. Warehouses serve multiple purposes
such as to break down the packages into smaller packages (distribution centers) to store merchandise for
seasonal sales, or to be stored for pick up at the right time by the receivers.
A truck terminal is typically a site for the handling and temporary storage of freight pending transfers between
locations. Truck terminals that handle truck loads only, typically consist of a wide, open space where trucks are
parked. Usually, truck terminals also have a building for offices and a truck maintenance facility.
Staff determined the employment densities for warehousing versus trucking terminals to evaluate economic
development projects and strategies. In addition, data on the floor area ratio is collected for existing
establishments to determine anticipated employment or number of jobs associated with these developments.
As per research by the Planning Advisory Services (PAS) of the American Planning Association, employment
densities are calculated based on the gross internal floor space per workspace (rather than full-time equivalent
employee). For industrial, warehousing, and distribution centers, floor space information will typically be gross
external or internal space. The number of employees which should be measured to calculate density should be
all those working on -site expressed as full-time equivalent.
Summary of PAS research is as follows:
Floor Area per Employee - In order to compare expected employment growth, it is assumed that a certain
number of people can be employed based on the category of employment use and the amount of floor area that
can be built. Measurements of the average floor space per person in a building are used to determine the number
of jobs associated with a development. There are distinct floor area ratios for development observed in the
following employment categories:
Employment Category Square Feet per Employ
Manufacturing 500
Wholesale, Transportation, Communication, Utilities 1000
Retail 700
Finance, Insurance, Real Estate, Services 400
Government/Education 300
The floor area square feet per employee by employment category is calculated as follows:
Employment Capacity = (buildable acres x employment sector FAR x 43560 / square feet per employee.
An example of how this formula performs at the parcel level is shown below. Assume that a parcel (whether
vacant, partially -used or re -developable) has an estimate of buildable area of 3.5 acres. Also, assume that the
Planning & Zoning Commission
September 19, 2013
Page 3 of 4
parcel is located in the industrial zone in which there is an observed FAR of 0.10 (ratio of usable employment
space built to land area built upon) for an industrial uses.
Employment Capacity = 3.5 x 0.10 x 43560 / 1000 = 15 employees
Source: Employment Density Study, Snohomish County 2007 Buildable Land Project
Employment Density:
Employment Density for various Logistics Market Segments is shown in the table below:
Market Se (jobs/acre)
Employee Density Gobs/acre)Employee Density Gobs/acre)
Light Warehousing 27
Industrial Park 20
Light Industrial, Heavy Warehousing 16
Intermodal/Trucking Terminal 2
Source: Economic Effects of the logistics Initiative, HDR/HLB Decision Economics, Inc. January 2006
Staff s research of existing facilities in La Porte is as follows:
Existing Truck Terminal Statistics
Name/Address
Area (sq.ft.)
Building (sq.ft.)
FAR
Improvement Value
N
POHA- 401 North L Street
449,539
22,800
0.050
Texas Transload & Log. - 300 North J Street
458,686
20,000
0.043
23,213
Gulfwinds -100 North Broadway
236,792
0
0
Gulfwinds -110 North Broadway
65,623
0
0
Overland Express -100A North Broadway
28,125
0
0
Old Landfill Site - 901 North Broadway
2,078,202
0
0
Frontier Port Prop. - 801 North Broadway
287,550
13,725
0.048
162,411
Frontier Port Prop. - 701 North Broadway
105,624
3,420
0.032
39,648
Joseph Cunningham - 910 SH 146 N
353,707
20,100
0.056
350,866
All American Rigging Co. - 2205 SH 146 N
119,790
0
0
A&J Leasing Co. 1901 SH 146
166,399
5,620
0.033
300,314
Dragon Products - 201 Strang Road
142,755
1,250
0.008
GIS - 10 1 Strang Road
435,600
7,254
0.016
347,297
J&S Services - 1728 Old La Porte Road
110,498
0
0
Tiger Industrial -12803 SH 225
193,275
0
0
Crenshaw Dev. - 500 North `E' Street
100,000
1,450
0.0145
37,986
Gus Brieden -1701 North 17" Street
100,000
0
0
Buzbee - 326 S. 16`' Street
200,000
5,000
0.025
206,800
HTI - 502 S. 16 Street
236,800
10,070
0.042
479,149
Core Trucking -501 S. 161' St.
54,000
1,504
0.028
Average Building/Improvement Value for Trucking Terminals/Yards = $ 0.96/s.f.
Planning & Zoning Commission
September 19, 2013
Page 4 of 4
Existing Warehouses Statistics
Name
Site Area
Building
FAR
Improvement
s.f.
s.f.
Value
Port Crossing Business
12,458,160
4,959,555
0.40
40,380,398
Park
Sens Road Business Park
687,376
267,540
0.38
6,399,479
Underwood Business
8,711,000
3,678,500
0.42
35,625,767
Park
Port Modal Business
645,786
292,500
0.45
18,440,145
Park
Battleground Industrial
1,228,827
148,824
0.12
3,276,688
Park
Average Building/Improvement Value for Warehouses = $ 9.56/s.f.
Existing General Industrial/Light Manufacturing Statistics
Name/Address
Site Area
Building
FAR
Improvement
s.f.
s.f.
Value $
Sulzer Inc. —11518 Old La
1,103,126
83,920
0.08
11,324,240
Porte Road
Realty Income Prop. —11110
447,030
22,380
0.05
902,185
Old La Porte Road
Louisiana Chem. —11100
554,997
32,800
0.06
967,010
SH 225
Maxim Crane —401 North
100,000
12,690
0.12
437,124
16t' Street
Average Building/Improvement Value for General Industrial/Light Manufacturing = $ 4.50/s.f.
Recommendation:
Staff recommends the language of the ordinance remain unchanged for the purpose of promoting health, morals,
and general welfare of the City.
SAY 2 4 2013
OAKLAND LAND & DEVELOPMENT, LLC CITY MANAGERS.,
MISSISSIPPI r CO., INC. OFFICE
P.O. BOX 952
NATCHEZ, MS 39121_0951
May 23, 2013
Traci E. Leach
Assistant City Manager
City of La Porte
604 W. Fairmont Parkway
LaPorte, Texas 77571.
Re: Proposed Sector 23 Development
Dear Traci,
Please accept this letter as our request to have a portion of South loth Street located between
West E street and West F Street and the section of West F Street located between South 16th
Street and South 14th Street designated as a truck route.
Currently Oakland Land & Development, LLC (Oakland) and Mississippi. Land Co., Inc. (MLC)
own all of the lots located in Block 826, 83,0 and 794 and 1 /2 of the lots located in. Block 793,
828, 829 and 827, including some portions of the streets and alleys that have previously been
closed. It is our intention to develop these tracts into light industrial office/warehouse buildings
to include hardened yard surfaces that could be used for storage and other truck related activities.
As these developments will normally be custom to fit our clients immediate needs, the details for
development of all lots and blocks are not complete and will in large part depend on the outcome
of this request. That being said, we are currently working on the following projects in the Sector
23 area.
1) A proposed site plan for Block 826 that will include a minimum 5000 sq. ft. office/warehouse
facility with the remainder of the Section to be developed as a hardened yard with fencing and
lighting, very similar to the hardening project we just completed at 1801 M Street.
2) Block 830 is currently being cleared and filled for a build to suit client. Details for this
development are still in negotiation and a site plan will be submitted when available.
3) The construction of a new roadway along South 14th Street from West F Street through West
E Street, being the portion of South 14th Street we are including in this request. This would
allow the construction of private roadways that would provide ingress and egress to our property
located in Block 794 and 793 from the South and Block 827 and 828 from the North.
The designation of the requested portions of West F Street and South 14th Street as a truck route
are of extreme importance to our continued development of this property. With the city's closure
of West E Street through South 15th Street and with the potential closure of a portion of West D
Street, ingress and egress to all of our property will effectively be limited to these portions of
West F Street and South 14th Street. Without truck access over these streets, our development of
this property under its current Light Industrial classification will be severely limited and could
stall our development of this area for a unknown and lengthy period of time,
We appreciate your consideration of this request. We feel that it will be of significant economic
benefit to our company and the City of LaPorte.
Sincerely,
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Public Hearing Agenda Format
(Discussion Item)
Exhibit
Staff Report
Staff Report
Public Hearing Agenda Format
Background:
September 19, 2013
During the March 21, 2013, meeting, the Planning and Zoning Commission received the
Planning Department Audit Report by Mueller Management/Ron Cox Consulting. One
of the recommendations is to revise Planning and Zoning Commission public hearing
agenda format.
Existing Format:
Open Public Hearing to receive public input .....
A. Staff Presentation
B. Proponents
C. Opponents
D. Proponents Rebuttal
Close Public Hearing
At the beginning of the public hearing, the Planning department staff presents its report
on action, and states the applicable regulations. After the staff report, the applicant and
the applicant's representatives present support to the proposal. Then, the opponents and
their representatives, if any, present opposition to the application. Other members of the
audience are also allowed to speak regarding the application. The staff is then given an
opportunity to respond to any questions of the Commission to any matter which has been
raised. The applicant is then given a rebuttal opportunity.
Suuested Format:
The following agenda sequence is proposed:
Open Public Hearing to receive public input .....
A. Staff Presentation
B. Applicant Presentation
C. Public Comments (for, against, or simply questions)
D. Question and Answer
Close Public Hearing
Planning & Zoning Commission
September 19, 2013
Page 2 of 2
Analysis:
The current public hearing agenda format encourages the Commission to ask questions
before all of the information has been presented and also puts the staff in the position of
answering questions better answered by the applicant. The Commission should allow all
information to be presented in items A to C before asking questions under item D. Any
questions posed by the public during item C should be noted by the Commission and then
asked by the Commission during the question and answer period. During the question and
answer period, questions should be directed by the Commission to either the staff or
applicant, depending on who is in the better position to answer the particular question.
Conclusion/Recommendation:
This will improve better handling of the public hearing matters and consistency will be
observed. Staff recommends the above format to be followed for public hearing.
Non -Conforming Development
via
Zoning Permit
(Discussion Item)
Exhibits
A. Staff Report
B. Section 106-261 to 106-268,
Code of Ordinances
Staff Report
Background
September 19, 2013
Non -Conforming Development via Zoning Permit
City Council has directed staff to discuss the matter with the Planning and Zoning
Commission regarding situations when pre-existing and nonconforming developments are
required to comply with the current ordinances and parameters outlined in the Chapter 106
(Zoning) of the City's Code of Ordinances.
Nonconforming buildings, structures, and uses are described in Division 9, Article H,
Sections 106-261 through 106-268 (see copy attached). In such cases, the Planning Director
is assigned the responsibility to determine how and to what degree of nonconformity to
implement compliance with the current codes.
It is recognized that the inherent conflict exists between achieving code compliance which
impact La Porte' quality of life, and business friendliness which impacts economic
development. However, the department remains cognizant of the need to be fair and
equitable and decisions are made applying similar principles to similar circumstances.
Action by the Commission
1. Discuss the issue
2. Provide guidance regarding if the current provisions of the Zoning Ordinance
allow for an adequate means of reviewing pre-existing and nonconforming
developments via zoning permits.
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La Porte, Texas, Code of Ordinances >> Subpart B .. LAND USE REGULATIONS >> Chapter 106 -
ZONING >> ARTICLE [I. - ADMiNIISTRATION >> DIVISION 9. - NONCONFOWNG BUILDINGS,
STRUCTURES AND USES >>
DIVISION 9. - NONCONFORMING BUILDINGS, STRUCTURES AND USES 17J
�j_Qc. 106-2q2, - Nonconformi Dg§—tructures _ _ —
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5eqs._1Q6-270-1 CL6_jQQ_-_Resejyed.
Sec. 106-261. - Generally.
The general public, the planning and zoning commission and the board of adjustment are
directed to take note that non conformities in the use and development of land and buildings are to
be avoided, or eliminated where now existing, wherever and whenever possible, except when
necessary to preserve property rights, specific structures, lots, or uses established prior to the date
these regulations became effective as to the property in question, and when necessary to promote
the general welfare and to protect the character of surrounding property. It shall be the
responsibility of the planning and zoning commission and the board of adjustment to assist the city
Council in achieving this goal by advising the city council of their recommendations thereon. As
necessary, the city council may from time to time on its own motion or upon cause presented by
interested property owners inquire into the existence, continuation or maintenance of any
nonconforming use within the city.
(1) Conforming use does not change to nonconforming use if adjacent property
subsequently changes zoning classification. A use that conforms to the zoning
regulations on the effective date of this zoning ordinance at the time of initial
development of the site shall not subsequently be deemed a nonconforming use
solely because the use changes on an adjoining property.
(2) Accessory use of structure. No structure that is accessory to a principal
nonconforming Use or a nonconforming structure shall continue after such principal
use or structure has been terminated, removed or otherwise brought into compliance,
unless it complies with all of the regulations of the district in which it is located.
(Ord, No. 1501-Z-1, § 5(exh, D), 2-9-98)
See. 106-262. - Nonconforming strUCtWeS.
(a) Limitation on regulation. No structure, otherwise in accordance with the provisions of these
regulations or an amendment hereto, shall be rendered or be deemed a nonconforming
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structure solely for a failure to comply with provisions relating to Article V, Division 2,
Accessory Buildings, Uses, and Equipment, of this chapter.
(b) Continuance of nonconforn7ing structures. Subject to all limitations herein set forth, any
nonconforming structure may be occupied and operated and maintained in a state of good
repair, but no nonconforming structure shall be enlarged unless the enlargement is made in
accordance with the provisions ofe-ct!on 106-2U 1
r,,(g) of this chapter.
(c) Accidental damage to structure. If a building occupied by nonconforming uses is destroyed
by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the
provisions of this chapter. In the case of partial destruction by fire or other causes, not
exceeding 50 percent of its value, as determined by a licensed appraiser, the enforcing
officer of the city may issue a permit for reconstruction. If greater than 50 percent and less
than total, the board may grant as a special exception a permit for repairs but not for
enlargement or reconstruction of the building.
(d) Obsolescence of structure. The right to operate and maintain any nonconforming structure
shall terminate and shall cease to exist whenever the nonconforming structure becomes
substandard under the codes and ordinances of the city, and the cost of placing Such
structure in lawful compliance with the applicable ordinances exceeds 50 percent of the
replacement Cost Of Such Structure, as determined by a licensed appraiser, on the date that
the enforcing officer determines that such structure is obsolete or substandard. The
enforcement officer of the city shall notify the owner Of Such nonconforming structure, as
shown on the certified tax rolls of the city, as to the date of termination of the right to operate
and maintain such nonconforming structure, and as to the procedure to be followed to bring
such Structure into compliance with this chapter, or other codes and ordinances of the city.
The burden of proof in showing that the structure's repair cost does not exceed 50 percent of
the replacement Cost Of Such Structure rests upon the owner of such structure.
(e) Determination of replacement cost, In determining the replacement cost of any
nonconforming structure, the cost of land or any factors other than the nonconforming
structure itself, shall not be included.
(f) Repairs and alterations. Repairs and alterations may be made to a nonconforming building
or structure; provided, that no external alterations shall be made except those required by
law or ordinance, unless the building is changed to a conforming use. No additional dwelling
units shall be added where the nonconforming use results from there being more dwelling
units on the lot than is permissible in the district in which the building is located.
(9) Enlargement to nonconforming structure. A structure that is nonconforming may be altered,
remodeled or otherwise improved, but not enlarged, unless the board of adjustment
determines (pursuant to section 106-191) that such enlargement will not result in an increase
in the degree of nonconformity with the regulations and development standards of the district
in which it is located.
(1) Submission of schedule to eliminate nonconformity. The applicant shall present to the
board of adjustment a schedule for elimination or substantial reduction of the
nonconformity over a reasonable period of time not to exceed 20 years, or setting
forth the reasons why such action is not reasonably possible.
(2) Approval of schedule by board of adjustment. The board of adjustment shall review
and make any revisions found necessary to ensure that priority is given to elimination
or reduction of those nonconformities that have significant adverse impacts on
surrounding properties, and which can reasonably be ameliorated taking into account
the effect of the configuration of the lot and the location of existing structures and the
cost of eliminating or Substantially reducing Such nonconformities.
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(h) Abandonment of nonconforming use or nonconforming structure.
(1) A nonconforming use shall be deemed abandoned when the use ceases to be used
for the nonconformity for a period of 180 consecutive calendar days. The
nonconforming use, when abandoned, shall not resume.
(2) A nonconforming structure shall be deemed abandoned when the structure ceases to
be used for the nonconformity for a period of 180 consecutive calendar days. The use
of the nonconforming structure, when abandoned, shall not resume.
(3) When it has been determined by the enforcement officer that a nonconforming use or
structure has been abandoned, notification shall be made by certified mail to the
owner (as shown on the certified tax rolls) of the abandoned nonconforming use or
structure. The owner or his representative seeking to maintain Such nonconforming
use or Structure may appeal the enforcement officer's decision to the board of
adjustment. The property owner or his representative seeking to maintain the existing
nonconforming structure shall have the burden of proving to the board of adjustment
in, such appeal that the structure or use has not been abandoned for a period of 180
consecutive calendar days, and that the owner or his representative did not intend to
abandon the nonconforming structure or use during said 180-day period.
(00. No. 1501-Z-1, § 5(G-Xh. D), 2-9,-98)
Soc. 106-263. - Nonconfornning uses.
Continuance of nonconforming uses subject to this chapter, Subject to the provisions of this
chapter relating to extended useful life of nonconforming uses, any nonconforming use may
be continued in operation on the same land area and on the same floor in a structure or
structures which were occupied by the nonconforming use on the effective date of this
ordinance, provided that Such land area or floor area shall not be increased, except that such
limitation shall not apply for farming uses.
(b) Changing a l7onconforming use. Any nonconforming use or structure may be changed to a
use conforming to the regulations established in this chapter for the district in which the
nonconforming use or structure is located, or the nonconforming use or structure may be
changed to a use or structure more conforming to the zoning district in which the
nonconforming use or structure is located. For purposes of this section, the term "more
conforming to the zoning district in which the nonconforming use or structure is located" shall
mean a less intense use, (per the Standard Industrial Classification Code). Whether or not a
use is more conforming to the zoning district in which the nonconforming use or structure is
located is a question to be determined by the planning director, subject to appeal as
provided in this division. A nonconforming use or structure so changed shall not thereafter be
returned to a nonconforming use or structure.
(Ord, No. 1501-7�1, § 5(exh. D), 2-9-98)
Sec. 106-264. - Notification of tioncotiforming statLis.
Owners and occupants of property Subject to extended useful life and/or termination of
nonconforming status pursuant to this division shall be notified of such status by the planning
director of the city, The planning director shall mail written notice, prior to or concurrently with the
notice of public hearing pursuant to section 106-266, to all persons having an interest in property
(as shown by the tax rolls of the city) where the property is located and to the occupant of each
nonconforming use in the city by regular and by certified mail, return receipt requested, The notice
shall state that the use is subject to a determination of its extended useful life and termination
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requirements and shall specify the procedures for obtaining an exemption from the extended Useful
life and termination requirements of sections AM:2-65 and 106-266. -
(Ord No,. 1501 -Z- 1, § 5(exh. D), 2-9-98)
S I ec. 106-266. ® Application for exemption from extended useful life requirement.
(a) Application requirements. An owner or qualified occupant of a nonconforming use or
structure may seek an exemption from the extended useful life and termination requirements
of section 106-266. The grounds upon which such an exemption may be Sought shall be
either: (i) that the nonconforming use or structure has no adverse impact upon allowed land
uses in the district in which it is located; or (ii) that the nonconforming use or structure can be
made compatible with such surrounding uses upon compliance with specified conditions.
Such owner or qualified occupant shall, Submit an application to the planning director, on a
form provided by the planning director, no less than ten working days prior to the date
scheduled for the public hearing being conducted pursuant to section 1 06Z266.
(b) Board review and decision. The board of adjustment shall hold the public hearing pursuant to
section 1Q-Q-2j56, following the procedures for hearings before the zoning board of
adjustment established in the zoning ordinance; and shall consider the application for an,
exemption from the extended Useful life and termination requirements of section 106--266.
The owner or qualified occupant shall have the burden of proving the grounds for the
exemption sought, Upon conclusion of the hearing, if the board of adjustment finds that the
use of the property has no material adverse impact upon the land uses permitted in the
district in which it is located or can be made reasonably compatible with Such uses through
the imposition of specified conditions, it shall, exempt the nonconforming use from the
extended useful life and termination requirements of section 106-266, and impose such
conditions as it finds necessary to ensure reasonable compatibility with surrounding
properties and uses, including, but not limited to: (i) required improvement of (or
modifications to) existing improvements on the property; or (ii) limitations on hours or nature
of operations; and (iii) a specified term of years for which the exemption shall be granted.
If the board of adjustment does not authorize an exemption from the extended Useful life and
termination requirements of section 106 "" -266, it shall after considering applicable law, information
presented at the hearing and other factors deemed relevant by it, establish an extended useful life
period for the nonconforming use in accordance with section 106-266.
(c) Appeal. Any person aggrieved by the decision of the board of adjustment or a taxpayer or an
officer, department, board or bureau of the city, may appeal the decision in accordance with
V.T.C.A., Local Government Code § 211.011. Unless properly appealed within ten days of
the date the decision is filed in the board of adjustment's office, the decision of the board of
adjustment is final and incontestable.
(Ord No. 1501-Z-1, § 5(exh. D), 2-9-98)
Sec. 106-266. - Extended useful life and termination.
(a) Extended useful life of specific nonconforming uses. Nonconforming uses shall be
terminated at the end of an extended useful life period established by the board of
adjustment in accordance with this section. The extended useful life period to be established
shall not be less than five years, nor more than 20 years from the effective date of the order'
of the board of adjustment, unless the Board determines on the basis of expert appraisal
testimony that a greater extended useful life period is necessary to enable the property
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owner to recoup the current remaining useful investment in the property made prior to the
date of the order of the board of adjustment establishiing the extended useful life period. The
board of adjustment shall hold a public hearing, as required by subsection (b) below, to
establish an extended useful life period or to consider an application by the nonconforming
user for exemption from the extended useful life and termination requirements set forth in
this -section 106-26 ' 6, If the board of adjustment grants an exemption, the use shall be known
as an "exempted nonconforming use," If the board of adjustment does not grant an
exemption, it shall establish an extended useful life period subsequent to the hearing
procedure establ,ished in subsection (b). If an application for exemption from extended useful
life is not Submitted, the board of adjustment shall establish an extended useful life period
pursuant to subsection (c).
(b) Public hearing.
The board of adjustment shall hold a public hearing to establish an extended useful
life for each nonconforming use subject to notification pursuant to section 106-264, or
to consider an application for an exemption from the extended useful life and
termination requirements of this section as allowed in section 106-265 and this
section, but subject to the following notification requirements:
a. Written notice of the tirne and place of a public hearing, by certified mail, return
receipt requested and postage prepaid, to the owner and occupant of the
nonconforming use at least 30 days prior to the date of such public hearing;
b. Publication at least 30 days prior to the date of public hearing of a notice of the
time and place of the hearing in at least one newspaper of general circulation in
the city; and
C. Mailing of the notice of public hearing at least 30 days prior to the date of the
public hearing to property owners within 200 feet, as determined pursuant to
section 1 " 06-89, of the lot line of the land subject to the application, inclusive, of
streets, alleys and rights -of -way, and to civic associations registered with the
planning director, whose boundaries are wholly or partly within said 200 foot
area.
(2) upon notification of the time and place of the public hearing, the owner or occupant of
the nonconforming use to be subject to the extended useful life requirements of this
ordinance may apply to the planning director for an exemption from extended useful
life and termination pursuant to section 106-265 and include written information and
documentation supporting a claim for an exemption frorn any extended useful life
period. In the event the board of adjustment does not grant the exemption applied for,
it shall establish an extended useful life period based on (i) applicable law, (ii)
evidence submitted with the application, (iii) evidence presented at the hearing and
(iv) other factors consistent with the purpose of this zoning ordinance to allow the
owner to recoup the current remaining useful investment in the use made prior to the
effective date of the order of the board of adjustment establishing the extended useful
life period, specifically including but not limited to the testimony of experts in the field
of property appraisal. The owner's or applicant's failure to submit evidence to Support
an extended useful life period shall be considered a waiver by the owner or applicant
of any right to contest at the board of adjustment the length of any extended useful life
period that the board of adjustment establishes.
(c) Extended useful life period. In the event the owner or qualified Occupant does not apply for
exemption from an extended useful life period, the board of adjustment, at the public
hearing, shall establish an extended useful life period based on (i) applicable law, (ii)
evidence presented at the public hearing and (iii) other factors deemed relevant by the board
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of adjustment, to allow the owner or qualified applicant to recoup the Current remaining
useful investment in the use made prior to the effective date of this zoning ordinance,
specifically including but not limited to testimony of experts in the field of property appraisal,
The extended useful life shall riot be for less than five years nor more than 20 years from the
effective date of the useful life period, unless the board determines upon the basis of
testimony from experts in the field of property appraisal presented at the public hearing, that
an extension of the useful life period is necessary to enable the property owner to recoup the
current remaining useful investment in the property made prior to the date of the order of the
board of adjustment establishing the extended useful life period.
(d) End of extended useful life period. At the end of the extended useful life period established
by the board of adjustment for a particular use, the use shall terminate.
(Ord. No. 1501-Z-1, § 6(exh. 0), 2-9-98)
Sec. 106..267. - Revocation of nonconforming LISO StatUS.
Upon the recommendation of the planning director or a motion of the board of adjustment,
the board of adjustment shall undertake a review of (i) any nonconforming uses; or (ii) any
exempted nonconforming uses established pursuant to se " ction 1016-265 or 10,6,-266 and, after a
public hearing and investigation as to the particular use in question, may require the revocation of
the use status and the extendeduseful life period or may order the termination of such use. For
purposes of this _aeq. tiolii-Q6-2(14, a use described in (i) or (5) above, shall be herein sometimes
referred to as a "revocable use."
(1) Initiation of revocation procedure. The board of adjustment shall undertake a review of
any revocable use Only upon: (i) its own motion, upon a determination that
reasonable probability of one or more grounds for termination Linder sect - ion 106-267
(3) exist; or (ii) a report from the planning director recommending revocation of such
revocable use, which shall be based upon a determination that a reasonable
probability of one or more grounds for termination under 1 06-26.7(3) exist for such
recommendation.
(2) Board notice, review and decision. Upon its own motion, or upon receipt of the
planning d:irector's report recommending the revocation of the status of the revocable
use, the board of adjustment shall hold a public hearing to consider revocation of a
revocable use. Prior to holding such hearing, the board of adjustment shall provide
public notice as follows:
a. Written notice of the time and place of a public hearing, by certified mail, return
receipt requested and postage prepaid, to all persons having an interest in the
property as shown by the certified tax rolls of the city and to the Occupant or.
Occupants of the property containing said revocable use at least 30 days prior
to the date Of Such public hearing;
lb, Publication at least 30 days prior to the public hearing of a notice of the time
and place of the hearing in at least one newspaper of general circulation in the
city; and
C. Mailing of the notice of public hearing at least 30 days prior to the date of the
public hearing to property owners within 200 feet as determined pursuant to
section 1 0�-Q.2, of the lot line of the land subject to the application, inclusive of
streets, alleys and rights -of -way, and to civic associations registered with the
planning director, whose boundaries are wholly or party within the 200 foot
area.
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Upon the conclusion of the public hearing, the board of adjustment shall
determine, on the basis of written findings of fact and conclusions, whether the
status of the revocable use should be revoked and the use amortized or
terminated. In making its determination whether or not to revoke:, the board of
adjustment shall consider the standards set forth in-se.ction 106-261(3), and if it
determines to revoke, it shall', in accordance with applicable law, after
considering evidence presented at the hearing and other factors consistent with
the purpose of this zoning ordinance, establish an extended useful life period
for the owner to recoup the current remaining useful investment in the use
made by the owner prior to the time the use became nonconforming, in
accordance with the procedures set forth above. The revocable use shall
terminate at the end of the extended useful life period or the termination date,
as the case may be, as established by the board of adjustment.
(3) ReqUited findings and standaids in ,board -determination of revocation. To Support a
finding and conclusion that revokes the status of a revocable use based on written
findings of fact and conclusions, the board of adjustment must find any of the following
(i) a violation of any condition imposed by the board of adjustment pursuant to section
j 06-265(b); (ii) that the continuation of the revocable use materially and continuously
interferes in an adverse manner with the implernentation of the legislative purposes of
the zoning district in which the use is located, or (iii) a pattern of repeated occurrences
of one or more of the following with respect to the revocable use:
a. Noise above the maximum permissible limits, as set forth in the zoning
ordinance, or in any other city ordinance;
b. Traffic generation of more than twice that of the same use or Use of a similar
nature, based on rates set forth in the most recent edition of the Institute of
Traffic Engineers (ITE) Trip Generation Manual;
C. Noxious or annoying emissions of odor, smoke, wastewater, light or other
matters;
d. Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m.
and as such exacerbate, general noise or traffic;
e. Lack of substantial compliance with applicable city codes and ordinances„
f. Police reports on alleged criminal activity associated with the nonconforming
Llse; or
9. Similar factors.
(4) Nonconforming uses not subject to revocation of status. Notwithstanding any
provisions of this section 106-267 that could be construed to the contrary, a residential
use that is nonconforming: in the particular district in which such use is located shall
not be subject to revocation Linder this section 106-267
(5) Conditions for continuation. In making a decision not to revoke the status Of a
revocable use pursuant to section: 106-267(3) the board of adjustment may impose
conditions on the use that are necessary to accomplish the purposes of this section,
including, but not limited to required improvement of, or modifications to, existing
improvements on the property or limitations on hours or nature of operations,
(6) Appeal. Any person aggrieved by the decision of the board of adjustment, or a
taxpayer, or an officer, department, board or bureau of the city may appeal the
decision in accordance with V.T.C.A., Local Government Code § 211.011. The
decision of the board of adjustment is final and incontestable unless appealed to the
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district Court within ten days after the date the decision is filed in the board of
adjustment's office.
(Ord. No. 1501-Z-1, § 5(exh, D), 2-9-98)
Sec. 106-268. - Noticonforniing lots of record.
(a) Continuance of nonconforming lots of record. Subject to all limitations herein set forth, any
nonconforming lot may continue without change in boundaries and [my be utilized or
developed provided that the uses and development are otherwise authorized as provided
herein. No new structure shall be placed thereon except it) conformity with the applicable
controls of the district in which the lot is located. No new use or change in Occupancy may be
undertaken on nonconforming lots of record, unless said change in use or occupancy as well
as "tenant and/or occupant" is first Submitted to the planning director for review. The
planning director shall review said proposed change in use Or Occupancy, for purposes of
insuring maximum compliance with this division, taking into account the particular restraints
imposed by the degree of nonconformity of said nonconforming lot of record. The directors
review shall include, but not be limited to parking, loading, vehicular access, landscaping,
setbacks, utility availability, and other requirements as imposed by this division.
Decisions of the planning director made pursuant to provisions contained in this section are
Subject to appeal to the board of adjustment as provided in section 106-89 of this chapter,
(b) Discontinuance of nonconforming lots of record. Any lot which is made conforming by
combining with other lots for purpose of sale or development, or by development, or by
subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with
the provisions of these regulations; provided however, that a nonconforming lot of record that
is made conforming shall not thereafter be changed back to a nonconforming lot.
(Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98,- Ord. No. 1501-A-5, § 6(Exh. F), 5-8-06)
Sec. 106-269. - Zoning of annexed property.
(a) Temporary R- I classification of annexed property. All territory annexed hereafter to the city
shall be temporarily classified as R-1 low density residential, only until permanently zoned by
the La Porte City Council. Immediately after the annexation of any territory to the City of La
Porte, the city planning and zoning commission shall commence any action necessary to
recommend to the city council a permanent zoning classification. The procedure for making
permanent such classification shall be the same as is provided by law for the adoption of the
original zoning regulations, and shall take place within 180 days from the date of annexation.
(b) Developments presented to city prior to annexation. In the event a development or
Subdivision is presented to the city planning and zoning commission prior to annexation, that
specifies a particular land use, the planning and zoning commission may recommend zoning
categories to the city council, after hearing, so that permanent zoning may be considered
simultaneously and in conjunction with the annexation proceedings.
(c) Issuance of building permits in annexed areas. In an area temporarily classified as R-1 low
density residential, a building permit may be issued for the construction of structures or uses
permitted by low density residential district regulations, however, other structures or uses are
not permitted unless application for such structures or use is made to the city planning and
zoning commission for consideration and recommendation to the city council.
(Ord. Na 1501-Z-1, § 5(exh. D), 2-9-98)
littp:Hlibrar3,.iiiiinicode.coiii/pi-iiit.aspx?h=&clieiitlD=I I 102&1-1TMRequest=http%3a%2f.. 8/28/2013