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HomeMy WebLinkAbout05-21-15 Cancelled-lack of quorum/Regular Meeting of the Planning and Zoning Commission CityofLaPorte PlanningandZoningCommissionAgenda Noticeisherebygivenofa RegularMeeting oftheLaPortePlanningandZoningCommissiontobeheldon Thursday,May21,2015at6:00p.m.atCityHallCouncilChambers,604WestFairmontParkway,LaPorte,Texas, regardingtheitemsofbusinessaccordingtotheagendalistedbelow: 1.Calltoorder. 2.Rollcallofmembers. 3.Considerapprovalofmeetingminutes:April16,2015. 4.ConsiderapprovalofMajorDevelopmentSitePlan#1583000001;arequestbyLaPorteIndependent SchoolDistricttoallowconstructionofabuildingadditionandotherimprovementstotheLaPorteJunior HighSchoolfacilitylocatedat401S.BroadwayStreet. 5.ConsiderarequestbyLaPorteLodgingHospitalityLLCforconsiderationofawaivertotheĭźƷǤ͸ƭDesign Guidelines(ExteriorFaçadeMaterials)asoutlinedinSection106928oftheCodeofOrdinanceforthe proposedFairfieldInn&Suiteslocatedat711Highway146South. 6.OpenpublichearingtoreceiveinputonanordinanceamendingChapter106ͻœƚƓźƓŭͼoftheCodeof OrdinancesoftheCityofLaPortebyaddinganewdefinition,andrevisingregulationsrelatedtoexterior storage,treepreservation,andtemporarysigns. a.StaffPresentation b.PublicComments(for,against,orquestions) c.QuestionandAnswer 7.Closepublichearing. 8.ConsiderrecommendationtoCityCouncilonordinanceamendingChapter106ͻœƚƓźƓŭ͵ͼ 9.Administrativereports. 10.Commissioncommentsonmattersappearingontheagendaorinquiryofstaffregardingspecificfactual informationorexistingpolicy. 11.Adjourn. AquorumofCityCouncilmembersmaybepresentandparticipateindiscussionsduringthismeeting;however,no actionwillbetakenbytheCouncil. IncompliancewiththeAmericanswithDisabilitiesAct,TheCityofLaPortewillprovideforreasonable accommodationsforpersonsattendingpublicmeetings.Tobetterserveattendees,requestsshouldbereceived24 hourspriortothemeetings.PleasecontactPatriceFogarty,CitySecretary,at2814705019. CERTIFICATION IcertifythatacopyoftheThursday,May21,2015,agendaofitemstobeconsideredbythePlanningandZoning CommissionwaspostedontheCityHallbulletinboardonthe____dayof____________________,2015. Title: CityofLaPorte604W.FairmontParkwayPhone:(281)4715020 PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005 PlanningandZoningCommission MinutesofApril16,2015 CommissionersPresent:RichardWarren,HelenLaCour,NickBarrera,MarkFollis,LesBird,andHal Lawler. CommissionersAbsent:TreyKendrick,LouAnnMartin,andWyattSmith CityStaffPresent:PlanningandDevelopmentDirectorTimTietjens,CityPlannerEricEnsey, AssistantCityAttorneyClarkAskins,andOfficeCoordinatorPeggyLee Calltoorder. 1. ChairmanHalLawlercalledthemeetingtoorderat6:02p.m. RollCallofMembers. 2. CommissionersWarren,LaCour,Barrera,Follis,Bird,andLawlerwerepresentforrollcall. Considerapprovalofmeetingminutes:February19,2015. 3. MotionbyCommissionerBarreratoapprovetheminutesofFebruary19,2015,andtheminutesof March19,2015. SecondbyCommissionerWarren.Motioncarried. Ayes:CommissionersWarren,LaCour,Barrera,Follis,Bird,andLawler Nays:None Considerapprovalofmeetingminutes:March19,2015. 4. ApprovedunderItem3. ChairmanLawlerrequestedachangetotheorderofitemsontheagenda. MotionbyCommissionerFollistosuspendtherulestoconsiderAgendaItems11,12,and13,prior toconsiderationofAgendaItem5. SecondbyCommissionerLaCour.Motioncarried. Ayes:CommissionersWarren,LaCour,Barrera,Follis,Bird,andLawler Nays:None 11.OpenpublichearingtoreceiveinputonanapplicationforSpecialConditionalUsePermit#15 91000002,arequestbyBarsanGlobalLogistics(onbehalfofthepropertyownerPiersideIndustries, Inc.)toallowforconstructionofawarehousefacilityona7.1acreportionofthepropertydescribedas Tracts1B3,Abstract35,JohnsonHunterSurveyinthePlannedUnitDevelopment(PUD)zonedistrict. PlanningandZoningCommission MinutesofApril16,2015 Page2of5 ChairmanLawleropenedthepublichearingat6:05p.m. a.StaffPresentation PlanningandDevelopmentDirectorTimTietjensreportedthatduetoacommunityevent conflictingwiththePlanningandZoningCommissionmeeting,arequesthadbeenmadebyoneor moreCommissionerstocontinuethisitemtoafuturedatesotheymaybepresentfordiscussion. b.ApplicantPresentation Therewasnoapplicantpresentation. c.PublicComments(for,against,orquestions) Therewerenopubliccomments. d.QuestionandAnswer Therewerenoquestionsandanswers. 12.Closepublichearing. MotionbyCommissionerWarrentocontinuethepublichearingforSpecialConditionalUsePermit Request#1591000002untilApril22,2015,at6:00p.m. SecondbyCommissionerFollis.Motioncarried. Ayes:CommissionersWarren,LaCour,Barrera,Follis,Bird,andLawler Nays:None 13.ConsiderrecommendationtoCityCouncilonSpecialConditionalUsePermitRequest#1591000002. MotionbyCommissionerWarrentodeferarecommendationtoCityCouncilonSpecialConditionalUse PermitRequest#1591000002untilApril22,2015,at6:00p.m. SecondbyCommissionerFollis.Motioncarried. Ayes:CommissionersWarren,LaCour,Barrera,Follis,Bird,andLawler Nays:None OpenpublichearingtoreceiveinputonanapplicationforZoneChange#1492000001,arequestby 5. JoseAngelSandoval,Jr.(onbehalfofthepropertyownerEddieV.Gray,Trustee)torezonetheproperty knownasReserve1,FairmontParkEastBusinessParkReserves1,3,4,5,and6subdivisionfrom GeneralCommercialDistrict(GC)toLowDensityResidential(R1). ChairmanLawleropenedthepublichearingat6:15p.m. PlanningandZoningCommission MinutesofApril16,2015 Page3of5 a.StaffPresentation CityPlannerEricEnseypresentedthestaffreportforZoneChangeRequest#1492000001,to rezonethepropertyknownasReserve1oftheFairmontParkEastBusinessParkReserves1,3,4, 5,and6fromGeneralCommercialtoLowDensityResidential.AconditionofCity/ƚǒƓĭźƌ͸ƭ approvalofthisrezoningonJuly14,2014,wasthattheapplicantvacatethelotandreplatthe propertywithin180days.The180dayshaveexpired;however,theapplicant,AngelSandoval,Jr., hasnowobtainedthenecessarysignatures,allowingfortherequesttobeheardagain. PublichearingnoticesweremailedtoallpropertyownerslocatedwithinЋЉЉ͸ofthesubjectsite. Thecityreceivedfiveresponsesfromtheoriginalmailout,allinfavoroftherezonerequest.No responseswerereceivedfromtherecentmailout. b.ApplicantPresentation Therewasnopresentationbytheapplicant. c.PublicComments(for,against,orquestions) Therewerenocommentsfromthepublic. d.QuestionandAnswer Therewerenoquestionsandanswers. Closepublichearing. 6. ChairmanLawlerclosedthepublichearingat6:24p.m. ConsiderrecommendationtoCityCouncilonZoneChangerequest#1492000001. 7. MotionbyCommissionerBirdtorecommendtoCityCouncil,approvalofZoneChangerequest#14 92000001,withtheconditiontheapplicantcompletetheplattingprocesswithin180daysfromCity Councilapprovalofthezonechange. SecondbyCommissionerFollis.Motioncarried. Ayes:CommissionersWarren,LaCour,Barrera,Follis,Bird,andLawler Nays:None OpenpublichearingtoreceiveinputonanapplicationforSpecialConditionalUsePermit#15 8. 91000001,arequestbyRhondaCarrawaytoallowforconstructionofasecondarydwellingunitonthe propertylocatedat227S.YStreetalsodescribedasLots9and10,Block1,Oakhurstsubdivision. ChairmanLawleropenedthepublichearingat6:26p.m. CommissionerFollisleftthemeetingat6:26p.m. PlanningandZoningCommission MinutesofApril16,2015 Page4of5 a.StaffPresentation CityPlannerEricEnseypresentedthestaffreportforSpecialConditionalUsePermit#15 91000001,requestedbyRhondaCarrawaytoallowconstructionofasecondarydwellinguniton thepropertylocatedat227S.YStreet. PublichearingnoticesweremailedtoallpropertyownerslocatedwithinЋЉЉ͸ofthesubjectsite. Thecityreceivedsixresponsesfromthemailoutinfavoroftherezonerequestandonein opposition. b.ApplicantPresentation Therewasnopresentationfromtheapplicant. c.PublicComments(for,against,orquestions) MarkJonesaddressedtheCommission.Mr.Jonesplanstoretireat227YStreet.Theliving quarterswillbebuiltabovethegarage. JohnFocke,111S.YStreet,spokeinfavoroftherequest.Mr.Fockewasappreciativeofthe improvementsthathaveoccurredintheneighborhoodsincethelasthurricane.Mr.Focke believestheseconddwellingwillenhancepropertyvaluesinthearea. CatherineFocke,111S.YStreet,addressedtheCommissioninfavoroftherequest.Mrs.Focke spokeaboutthemoderntrendwhereinchildrenandparentsarereturninghometobewiththeir families. d.QuestionandAnswer CommissionerWarreninquiredastowhetherthereareothertwostoryhomesinthe neighborhoodandtheresponsefromtheresidentswasͻǤĻƭ͵ͼ Closepublichearing. 9. ChairmanLawlerclosedthepublichearingat6:40p.m. ConsiderrecommendationtoCityCouncilonSpecialConditionalUsePermitrequest#1591000001. 10. MotionbyCommissionerBarreratorecommendtoCityCouncil,approvalofSpecialConditionalUse Permit#1591000001,withthefollowingconditions: Allnecessarydocumentationforbuildingpermitreviewmustbesubmittedinconjunctionwith theĭźƷǤ͸ƭbuildingpermitapplicationprocess. PlanningandZoningCommission MinutesofApril16,2015 Page5of5 TheplanshallcomplywithallapplicableprovisionsofChapter106(Zoning)ofthe/źƷǤ͸ƭCodeof OrdinancesandallotherdepartmentreviewsandapplicablelawsandordinancesoftheCityof LaPorteandStateofTexas. Theproposedsecondarydwellingunitshallonlybeusedforresidentialpurposes. SecondbyCommissionerBird.Motioncarried. Ayes:CommissionersWarren,LaCour,Barrera,Follis,Bird,andLawler Nays:None 14.Administrativereports Mr.TietjensreportedhehadrecentlygivenapresentationtotheHoustonAssociationofRealtors.Itwas interestingtonotethatinthepasttwoyears,therehavebeen$65millionincommercialdevelopment andapproximatelythesamevalueforresidentialdevelopment.Therehavebeen52infillhomesbuilt outsideofsubdivisions. 15.Commissioncommentsonmattersappearingontheagendaorinquiryofstaffregardingspecificfactual informationorexistingpolicy. CommissionerBirdexpressedhisappreciationtostafffortheworktheydo.CommissionerWarrenalso expressedthatsamesentiment. CommissionerBarreramentionedtheDevelopmentOrdinancereviewsubcommittee.Mr.Enseyreported thesubcommitteeisscheduledtohavetheirsecondmeetingduringwhichtheywillbediscussingsomeof theprocessescontainedwithintheordinance. 16.Adjourn MotionbyCommissionerLaCourtoadjourn. SecondbyCommissionerWarren. ChairmanLawleradjournedthemeetingat6:50p.m. Respectfullysubmitted, PeggyLee Secretary,PlanningandZoningCommission PassedandApprovedon________________________,2015. HalLawler Chairman,PlanningandZoningCommission CityofLaPorte,Texas PlanningandZoningCommission May21,2015 AGENDAITEM4 ConsiderapprovalofaMajorDevelopmentSitePlan(#1583000001) toallowforconstructionofanadditiontotheexistingLaPorteJuniorHighSchool locatedat401S.Broadway. Applicant:LaPorteIndependentSchoolDistrict 9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ /źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ PlanningandZoningCommissionRegularMeeting May21,2015 MajorDevelopmentSitePlanΑLPJHS PlanningandDevelopmentDepartment StaffReport ISSUE ShouldthePlanningandZoningCommissionapprovearequestbytheLaPorte IndependentSchoolDistrictforaMajorDevelopmentSitePlantoallowconstructionof anadditiontotheexistingLaPorteJuniorHighSchoolbuildinglocatedat401S. Broadway? RECOMMENDATION StaffrecommendsapprovaloftheproposedMajorDevelopmentSitePlan. DISCUSSION Applicant/PropertyOwner: LaPorteIndependentSchoolDistrict !ƦƦƌźĭğƓƷ͸ƭRequest: Theapplicantisseekingtoconstructa35,818squarefootadditiontotheexistingLa PorteJuniorHighSchoollocatedat401S.Broadway.Uponcompletionoftheproject buildingwilltotal144,192squarefeetinfloorarea.Additionally,theproposalincludes istheproposedsitedevelopment 58additionalparkingspaces.TheattachedExhibitA plan. BackgroundInformation: Thesubjectsiteisapproximately26.9acresandislocatedontheeastsideofBroadway StreetbetweenE.DStreetandE.EStreet.TheattachedExhibitBisanAreaMap showingthelocationofthesubjectproperty. Thelegaldescriptionofthepropertyisͻğ24.6914acressubdivisionoutofTracts10and 11,Block3,W.J.Payne,intheWilliamM.JonesSurvey,A482,CityofLaPorte,Harris County,Ļǣğƭ͵ͼ ThesiteiscurrentlyzonedR2,MediumDensityResidential,andispartoftheLPISD campusthatcontainsLaPorteHighSchoolandLaPorteElementarySchoolalongwith thejuniorhighschool.TheschoolisapermitteduseintheR2District.TheCityofLa 1 PlanningandZoningCommissionRegularMeeting May21,2015 MajorDevelopmentSitePlanΑLPJHS tƚƩƷĻ͸ƭLandUseMapidentifiesthisparcelasͻtǒĬƌźĭΉLƓƭƷźƷǒƷźƚƓğƌ͵ͼThefollowingtable summarizesthesurroundingzoningandlanduses: ZoningLandUse bƚƩƷŷ R2,MediumDensityResidentialLaPorteElementarySchool {ƚǒƷŷ R2,MediumDensityResidentialLaPorteHighSchool ‘ĻƭƷ GC,GeneralCommercialGeneralCommercialUses(acrossBroadway) 9ğƭƷ R1,LowDensityResidentialExistingSingleFamilyDetached R2,MediumDensityResidentialChurchFacility Analysis: ThissitedevelopmentplanwasreviewedaccordingtotheprovisionsofAppendixEof theĭźƷǤ͸ƭDevelopmentOrdinance(No.1444).Becausethesiteisgreaterthan10acres insize,itrequiresapprovalbythePlanningandZoningCommission.Thesiteplanisalso subjecttoallapplicablerequirementsoftheĭźƷǤ͸ƭZoningOrdinance(Chapter106ofthe ĭźƷǤ͸ƭCodeofOrdinances).Planningstaffhasreviewedtheproposedsitedevelopment planandconcludedthattheapplicationcomplieswithallapplicablecoderequirements. ThefollowingisadescriptionofƭƷğŅŅ͸ƭanalysisofvariousconsiderations: {źƷĻLƒƦƩƚǝĻƒĻƓƷƭ͵ Theproposedsiteplanincludesabuildingadditionapproximately35,000squarefeetin area.Theexistingbuildingtotals108,374squarefeetinfloorarea.Thereareexisting coveredsidewalkstructuresthatencroachwithintheЌЉ͸setback.Howeverthe proposedbuildingadditionwillcomplywithallapplicablesetbackrequirements. \[ğƓķƭĭğƦźƓŭ. Thelandscapingproposedwiththisprojectisminimal.Thereisexistinglandscaping alongS.Broadway,howevertheapplicantisproposingtheremovaloftwotreesatthe proposeddrivewayentrancetotheparkinglot.Inresponse,theyareproposingto replacethetreesbeingremovedwithtwoadditionaltreesalongBroadway,fourwithin theparkinglotislands,andteninthecourtyardarea.Thisproposalalsoincludessome additionalplantingswithinthecourtyardarea. tğƩƉźƓŭğƓķĭźƩĭǒƌğƷźƚƓ. Section106838oftheCodeofOrdinancesoutlinestheĭźƷǤ͸ƭparkingrequirementsfor juniorhighschooluses.Specificallythecoderequires:1spaceper20studentsand1 spaceperstaff.Basedonthiscalculation,atotalof130parkingspacesarerequired. Therearecurrently99spaces(+6accessible)onsite,whichislessthantheminimum requiredinthecode.Theprojectincludestheadditionofparkingstalls,bringingthe totalparkingcountto157spaces(+6accessible);andbringsthesiteintocompliance withcoderequirements. 2 PlanningandZoningCommissionRegularMeeting May21,2015 MajorDevelopmentSitePlanΑLPJHS Withtheexpansionoftheparkinglotarea,theapplicantisproposinganadditionalcurb cutonBroadway.ThisproposedcurbcutwillbeinlinewiththeexistingFStreet alignment,whichminimizespotentialvehicularconflictonBroadway.SinceBroadwayis aroadwaymaintainedbyHarrisCounty,theapplicantwillneedtoobtainthenecessary approvalsfromtheCountypriortoissuanceofabuildingpermit. 5ƩğźƓğŭĻğƓķķĻƷĻƓƷźƚƓ. Theapplicanthasprovidedonsitedetentiontoaccommodatetheadditionalimpervious surfaceresultingfromtheproposedbuildingadditionandparkingexpansion.The detentioncalculations. attachedExhibitCisacopyofthe Conclusion: Basedontheanalysisabove,stafffindsthattheproposedMajorDevelopmentSitePlan forLaPorteJuniorHighSchoolcomplieswiththevariousapplicablecoderequirements andshouldbeconsideredforapproval. ATTACHMENTS th ExhibitA:ProposedBaker6GradeCampusSitePlan ExhibitB:AreaMap ExhibitC:ZoningandLandUseMap ExhibitD:DetentionandDrainageCalculations 3 AREA MAP EXHIBIT B µ ST AIN W M E A ST W A ST W B ST SITE LOCATION W C ST E C ST W D ST W E ST W F ST ZONING & LAND USE EXHIBIT EXHIBIT C µ W C ST E C ST SITE LOCATION W D ST ZONING R-1 W E ST R-2 GC ZONING µ W C ST E C ST SITE LOCATION W D ST LAND USE LOW-DENSITY RESIDENTIAL W E ST PARKS AND OPEN SPACE PUBLIC / INSTITUTIONAL LAND USE EXHIBIT D EXHIBIT D EXHIBIT D EXHIBIT D CityofLaPorte,Texas PlanningandZoningCommission May21,2015 AGENDAITEM5 ConsideraWaiverRequesttothe/źƷǤ͸ƭ DesignGuidelines(ExteriorFaçadeMaterials) fortheProposedFairfieldInn&Suites at711Highway146South. Applicant:LaPorteLodgingHospitalityLLC 9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ /źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ PlanningandZoningCommissionRegularMeeting May21,2015 DesignGuidelinesWaiverΑFairfieldInn&Suites PlanningandDevelopmentDepartment StaffReport ISSUE ShouldthePlanningandZoningCommissionapprovearequestbyLaPorteLodging HospitalityLLCforawaivertotheĭźƷǤ͸ƭexteriorfaçadematerialsdesignguidelinesfor constructionofnewFairfieldInn&Suitesat711Highway146South? DISCUSSION ThesiteissubjecttotheĭźƷǤ͸ƭDesignGuidelinesasoutlinedinArticleIXofChapter106 oftheĭźƷǤ͸ƭCodeofOrdinances.Section106928outlinesvariousarchitecturaldesign guidelines,includingbuildingform,buildingarticulation,roof,architecturaldesign elements,andexteriorfaçadematerials.BecausethissitefrontHighway146,thecode requires80%oftheĬǒźƌķźƓŭ͸ƭfaçadebecoveredbystoneormasonrymaterialsfora Tier1buildingand20%forothermaterialssuchasstucco,architecturalblock, cementitiousfiberboard,EIFS(above14feet),andpainted,coloredorstampedtiltwall. TheapplicantisrequestingconsiderationofawaivertotheĭźƷǤ͸ƭDesignGuidelines concerningExteriorFaçadeMaterials.ThisitemwaspresentedtotheCommissionfor considerationattheMarch19,2015meeting.Atthattimetheapplicantwasproposing todeviatefromtheĭźƷǤ͸ƭrequirementsforabuildingfaçade,whichrequiresaminimum 80%ofthefaçadebecoveredbystoneorbrick/masonry.Theirproposalincluded 25%ofthefaçadewithbrick/stone.TheCommissionexpressedsomeconcern covering withthedeviationfromthecodeandtheapplicantdecidedtoreevaluatetherequest. Sincethatmeeting,theapplicanthasrevisedtheirdrawingstoprovide60%stone/brick coverage.Becausethisisstilllessthanthe80%requiredinthecode,theapplicantis requestingconsiderationofawaivertothisrequirement. Section106927oftheĭźƷǤ͸ƭCodeofOrdinancesstatesthatthePlanningandZoning Commissionmayapproveawaiverrequestsubjecttotwofindings.Thefollowingisalist ofthosefindings: 1.TheprojectasdesignedisconsistentwiththegeneralspiritandintentoftheCity ofLatƚƩƷĻ͸ƭComprehensivePlan. 2.Theproposedbuildingwillresultinanattractivecontributiontothecommunity. 1 PlanningandZoningCommissionRegularMeeting May21,2015 DesignGuidelinesWaiverΑFairfieldInn&Suites Inreviewingthiswaiverrequest,staffisconcernedwiththediscrepancyinthe percentageofstoneandbrickrequired.TheĭźƷǤ͸ƭdesignguidelinesintentionally identifiedtheHighway146corridorasthefocalpointforcommercialdevelopmentin thecity,therebyrequiringhigherqualityarchitecturaldesign.Inthiscasestaffisnot supportiveofthewaiverrequest.Alldevelopmentshouldcomplywiththedesign guidelineregulations.Staffisconcernedthatadeviationfromtheserequirementshas thepotentialtosetanexpectationforotherdevelopment. ATTACHMENTS ExhibitA:ApplicantLetterandBuildingElevations ExhibitB:AreaMap 928,ArchitecturalDesignGuidelines ExhibitC:Section106 2 EXHIBIT A 18218 E Morgans Bend Drive Cypress, TX 77433 Phone: 832-878-1262 E-mail: sid@parekharch.com May 12, 2015 Mr. Eric J. Ensey City of LaPorte Planning & Development, 604 W Fairmont Parkway La Porte, TX 77571 Re: Waiver Request Fairfield Inn & Suites, Dear Mr. Ensey: Thank you for your time in reviewing our preliminary plans submittal for the Fairfield Inn & Suites in LaPorte, TX. Per our previous discussions, please see below the Waiver Request on behalf of the Owner for the Building Elevations. 1. The City requirements state s Brand requirements, we had provided 25% type A material in the first submittal to the Commission, but we werent able to obtain the approval. During the previous hearing, there was a suggestion by the Council that they would be willing to consider 60% type A material. We have updated our elevations to show 60% type A material, which would result in substantial savings for the Owner due to higher costs.We request the Planning Commission to accept our proposal and allow us to proceed with 60% type A material. Please do not hesitate to contact me if you have any questions or need any further information. Thank you Sincerely, Sid Parekh 05-12-2015 Architect - Sid Parekh (Date) PREPARED FOR: JAGDISH PATEL PH: (832) 878 1262. E-Mail: sid@parekharch.com 18218 E MORGANS BEND DRIVE, CYPRESS, TX 77433 HWY. 146 AND 'G' STREET, LAPORTE, TX AREA MAP EXHIBIT B µ W F ST LOCATION OF PROPERTY W G ST W H ST 1 inch = 200 feet EXHIBIT C Sec. 106-928. Architectural design guidelines. (a) Building Form (Applicable to Tier 1 and 2) (1) All buildings shall be designed and constructed in tripartite architectureso that they have a distinct base, middle and top. Examples of Single Story Tri-Partite (b) Building Articulation (Applicable to Tier 1 and 2) (1) Primary facades clearly visible from a public street or along an active storefront shall meet the following minimum standards for articulation: Horizontal Articulation. a. No building wall shall extend for a distance equal to 3 times the wall’s height without having an off set equal to 25% of the wall’s height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane. Vertical Articulation. b. No horizontal wall shall extend for a distance greater than 3 times the height of the wall without changing height by a minimum of 25% of the wall’s height. EXHIBIT C BUILDING ARTICULATION EXAMPLES (c) Roofs (Applicable to Tier 1) (1) Where clearly visible from a public street or along active storefronts, any hip, gable or mansard roofs may only utilize the following materials: metal standing seam, slate, clay or concrete tile (barrel or Roman shape). Minimum 3 on 12 roof pitch required. (d) Architectural Design Elements (1) The following is a list of acceptable architectural design elements that must be included into the design of buildings as required in this section. a. Canopies, awnings, porticos with colonnade, or arcades b. Raised pilaster cornices (end columns at corner), or quoin corners c. Vertical elements (tower, cupola, lighthouse, turret, arches, etc) d. Windows and doors framed with smooth cobble, cast stone, limestone, or other decorative masonry headers and sills; or dormer windows e. Outdoor patios and/or courtyards (landscaped and furnished) f. Decorative ornamentation integrated into the building façade, such as corbels, EXHIBIT C medallions (nonsignage), functioning clocks, niches, wrought iron, balconettes, gargoyles, or horizontal and rhythm patterned brickwork; or other architectural features approved by the Director of Planning and Development or designee g. Any other architectural design element approved by the Director of Planning and Development or designee the (2) Applicable to Tier 1, all structures shall be designed to incorporate no less than four of architectural elements above. Buildings over 50,000 square feet must include a minimum of five of the referenced architectural elements in subsection d.1 above. the (3) Applicable to Tier 2, all structures shall be designed to incorporate no less than two of architectural elements above. Buildings over 50,000 square feet must include a minimum of three of the referenced architectural elements in subsection d.1 above. the (4) Applicable to Tier 3, all structures shall be designed to incorporate no less than one of architectural elements from the list in subsection above. d.1 Exterior Façade Materials (e) Allowed exterior materials are categorized into the following three groups, of which at (1) least two materials from different groups shall be used in all exterior facades in Tier 1, Tier 2, and Tier 3: Group A: Brick and stone a. Group B: Stucco, architectural concrete block with integrated color (split face b. CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 14 feet from grade only), and painted, colored or stamped tilt-wall c. Group C: Metal, tile, wood (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate peagravel finished surfaces, and pre-engineered metal building siding. (3) Primary façade treatments are applicable to Tier 1 buildings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street or along an active storefront: a. Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 80% Group A materials and up to 20% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. Buildings over 50,000 b.square feet may use SplitFace CMU (architectural block) for up to 20% of the primary façade, in addition to the 20% of Group B materials. (4) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than 1.0% of the building face, except that florescent colors are prohibited. CityofLaPorte,Texas PlanningandZoningCommission May21,2015 AGENDAITEM68 ConsiderarecommendationtotheCityCouncil onproposedmodificationstoChapter106(Zoning). 9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ /źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ PlanningandZoningCommissionRegularMeeting May21,2015 Chapter106(Zoning)FollowupItems PlanningandDevelopmentDepartment StaffReport DISCUSSION AttheMarch19,2015PlanningandZoningCommissionmeeting,theCommission directedstafftodraftanordinanceforconsiderationonthreeitemsthattheCity Councilrequestedfurtherconsiderationfollowingtheiradoptionofthemostrecent modificationstoChapter106(Zoning).Basedonthediscussionanddirectionprovided bytheCommission,staffdraftedtheattachedordinanceforconsideration.Attachedare twoversionsoftheordinance:onewithhighlightsandstrikethrusidentifyingthe changesandtheotheracleanversion. ThisitemisbeingpresentedtothePlanningandZoningCommissionasapublichearing. Noticeofthepublichearingwasconductedinaccordancewiththerequirementsof Section106171,whichrequirespublicationintheBayAreaObserveratleast15days priortothepublichearing.Additionally,statelawrequiresthepublichearingtobe postedatCityHallandontheĭźƷǤ͸ƭwebsite. Thefollowingisabriefsummaryofeachitemaddressedbasedonpreviousdiscussion anddirection. 1.)TreePreservation(Section106801,802,803) Anexclusionwasaddedforindividualsinglefamilylots(Section106801). ΝbƚƒƚķźŅźĭğƷźƚƓǞğƭƒğķĻƷƚƷŷĻƩĻƨǒźƩĻƒĻƓƷŅƚƩğƷƩĻĻƭǒƩǝĻǤƚƩƷƩĻĻ ķźƭƦƚƭźƷźƚƓƦƌğƓΛ{ĻĭƷźƚƓЊЉЏБЉЋΜ͵bƚĭŷğƓŭĻǞğƭƒğķĻƷƚƷŷĻĭƚƭƷƚŅƷƩĻĻ ƩĻƦƌğĭĻƒĻƓƷͲǞŷźĭŷźƭυЎЉƦĻƩźƓĭŷͲǞźƷŷğĭğƦƚŅυЊЉЉͲЉЉЉΛ{ĻĭƷźƚƓЊЉЏБЉЌΜΞ͵ 2.)OutdoorStorageinMainStreetDistrict(Section106511(c)) StaffaddedadefinitionofͻƚǒƷķƚƚƩƭƷƚƩğŭĻͼtotheSection1061(Definitions). Asdrafted,thisdefinitiononlyrelatestononresidentialproperties.No modificationsareproposedfortheprohibitionofoutdoorstorageintheMain StreetOverlaybetweenHighway146andVirginiaStreet(Section106511).This willremainandisclarifiedwiththenewdefinitionofͻƚǒƷķƚƚƩƭƷƚƩğŭĻ͵ͼ ThelanguageinSection106773(Exteriorstorage)addressesresidential 1 PlanningandZoningCommissionRegularMeeting May21,2015 Chapter106(Zoning)FollowupItems properties.Theonlyproposedmodificationtothissectionistoaddareference torequiringscreeningfromanypublicrightofway. 3.)TemporarySignage(106877) LanguagewasaddedtoallowforsandwichboardsignsintheMainStreetDistrict Overlayonly,providedthatsuchsignsbelocatedinasafemannerandremoved atthecloseofbusinesseachday. Anexclusionwasaddedforgovernmentalsigns. Attachments: ExhibitADraftOrdinance(Clean) ExhibitBDraftOrdinance(Highlight/StrikeThru) 2 EXHIBIT A ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING NEW DEFINITION, AND REVISING REGULATIONS RELATED TO EXTERIOR STORAGE, TREE PRESERVATION, AND TEMPORARY SIGNS; 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 HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 106, “Zoning,” Article I. “In General”, Section 106-1 “Definitions”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following definition, which shall be added to said section in the proper alphabetical sequence: Sec. 106-1. Definitions. “Outdoor storage means the stockpiling, collection, or display of any products, materials, equipment, appliances, vehicles not in service and/or personal property of any kind, typically not in a fixed position and capable of rearrangement. This does not include in-service vehicles that are on display in association with a vehicle sales, rental or leasing facility.” Section 2 : That Chapter 106, “Zoning,” Section 106-1 “Definitions”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: “Sec. 106-773. Exterior storage. In residential zones, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties and any public right-of-way, except for the following: (1) Clothesline poles and wires; (2) Construction and landscaping material currently being used on the premises; (3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter; (4) Firewood, compost, or residential lawn and garden tools.” Section 3 : That Chapter 106, “Zoning,” Article V. “Supplementary District Regulations”, Division 4 “Fencing and Landscaping Requirements”, Section 106-801 “Tree Preservation”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: “Sec. 106-801. Tree preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. The city encourages site planning which furthers the EXHIBIT A preservation of trees and natural areas by the following methods: To protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting as outlined in section 106-803 (Tree replacement) or through a contribution to the tree fund established in section 106-803 (Tree fund) of this chapter. It is the further intent of this section to achieve the following objectives: (1) Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the city to the degree possible. (2) Protect and increase the value of residential and commercial properties within the city. (3) Discourage premature clear-cutting of property. (4) Maintain and enhance a positive image for the attraction of new developments to the city. (b) It shall be unlawful for any person to cause or permit the destruction of any healthy native tree within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and/or destroyed if the tree is obviously diseased or determined to be diseased by an arborist or in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. (d) The provisions of this section are not required on individual single family lots.” Section 4 : That Chapter 106, “Zoning,” Article VII. “Signs”, Section 106-877 “Temporary Signs”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: “Sec. 106-877. Temporary signs. (a) Subject to the provision of this section, temporary signs are prohibited except in the following instances: (1) Temporary signs shall be a maximum of 18 inches by 24 inches in size and constructed of all- weather corrugated plastic sheeting with a wooden stake or greater as support. (2) Temporary signs may only be placed between the hours of 5:00 p.m. on Friday and 7:00 p.m. on the following Sunday. (3) Temporary signs shall be free of balloons, banners, or streamers. (4) In the Main Street District with Overlay, temporary sandwich board signs are permitted provided such signs are removed at the close of business each day. (b) Location of temporary signs: (1) Temporary signs shall not be placed in a manner that will interfere with a visibility triangle or otherwise create a traffic hazard as referenced in section 106-805 (Visibility triangles). (2) Temporary signs may not be located within five feet of the edge of any pavement. (3) Temporary signs may only be placed at the following locations within the city, with a maximum of two temporary signs permitted at any one time at any specified intersection: SH 146 at Fairmont (northeast, southwest and southeast corners) EXHIBIT A SH 146 at Wharton Weems (northeast and southeast corners) SH 146 at McCabe (northeast corner and feeder and southeast corner of northbound SH 146 and McCabe) SH 225 at Underwood (southwest corner of Underwood eastbound lane and southeast corner of Underwood eastbound lane of SH 225) SH 225 at Sens (northwest and northeast corners SH 225 and southwest corner of SH 225 on westbound feeder on Sens) Spencer at Sens (northwest and northeast corners SH 225 and southwest corner of SH 225 on westbound feeder on Sens) Spencer at Sens (northwest and southeast corners) Spencer at Valleybrook (southeast corner) Spencer at Driftwood (southeast corner) Spencer at Luella (southeast corner) Fairmont at Luella (northwest corner Luella, eastbound lane W. Fairmont) Fairmont at Driftwood (northwest corner westbound on Fairmont) S. Broadway at Fairmont (northwest and southwest corners) S. Broadway at Wharton Weems (northwest and southwest corners) N. "L" at Underwood (northeast and southeast corners) Bay Area Blvd. at Fairmont (northwest corner of Bay Area Blvd. and eastbound lane on W. Fairmont and southeast corner of Bay Area Blvd. eastbound lane on W. Fairmont) (4) Temporary signs permitted in subsection (a)(4) above may be permitted on the sidewalk immediately adjacent to the business advertising with the sign provided that such location does not impede safe movement on the sidewalk. (c) Temporary sign permits: (1) No temporary sign may be erected within the city limits of the City of La Porte without a permit first having been obtained from the building official. (2) Application for temporary sign permits shall be made upon forms provided by the building official, and shall contain and be accompanied by information sufficient to identify the location of the proposed sign, consistent with the location criteria established in subsection (b)(2) above. (3) No person shall be issued a temporary sign permit under this section until such person has filed with the city secretary a bond or insurance policy, or both, in the amount of $200.00 per sign approved, in form approved by the city attorney, such bond or policy to be conditioned on the placement of temporary signs in accordance with the provisions of this article, the other ordinances of the City of La Porte, and further providing for the indemnification of the city for any and all damages or liability that may accrue to or against the city by reason of the placement, maintenance, alteration, repair or removal, or defects in any temporary sign erected by or under the direction of such applicant, and further providing for the indemnification of any person who shall, while on public property or public right-of-way of the City of La Porte, incur damages for which the person erecting any such temporary sign is legally liable by reason of his act or omission in regard to erection of such temporary signage. (4) No permit issued under this ordinance shall be transferable. EXHIBIT A (d) Number of temporary sign permits: No permittee for a temporary sign may obtain a permit for placement of more than two temporary signs at any one particular location specified in section 106- 877(b) (Temporary signs) above with a maximum of ten temporary signs per permittee, and a maximum of two temporary signs per permittee per location. (e) Further limitations on permit: No permittee may obtain permits for location of temporary signs for more than four consecutive weeks. Upon the expiration of four consecutive weeks of permits for a particular permittee, no permit shall be issued by the city for any temporary signs for 30 days following said four consecutive week period. (f) Revocation of permit: Upon learning of any violation of this article or the ordinances of the City of La Porte by any temporary sign permit holder, the building official shall give notice of said violation to the responsible permit holder. Two or more violations of this article, or other ordinances of the City of La Porte shall result in denial of future temporary sign permits to the responsible permittee by the City of La Porte. (g) Signs erected for a governmental purpose by or on behalf of the City of La Porte are exempt from the provisions of this chapter.” Section 5 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 6. 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 7 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 8. 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. Gov’t 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 9 . 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. EXHIBIT A PASSED AND APPROVED this the______ day of ______________, 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: ___________________________________ Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney EXHIBIT B ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING NEW DEFINITION, AND REVISING REGULATIONS RELATED TO EXTERIOR STORAGE, TREE PRESERVATION, AND TEMPORARY SIGNS; 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 HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 106, “Zoning,” Article I. “In General”, Section 106-1 “Definitions”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following definition, which shall be added to said section in the proper alphabetical sequence: Sec. 106-1. Definitions. “Outdoor storage means the stockpiling, collection, or display of any products, materials, equipment, appliances, vehicles not in service and/or personal property of any kind, typically not in a fixed position and capable of rearrangement. This does not include in-service vehicles that are on display in association with a vehicle sales, rental or leasing facility.” Section 2 : That Chapter 106, “Zoning,” Section 106-1 “Definitions”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: “Sec. 106-773. Exterior storage. In residential zones, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties and any public right-of-way, except for the following: (1) Clothesline poles and wires; (2) Construction and landscaping material currently being used on the premises; (3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter; (4) Firewood, compost, or residential lawn and garden tools.” Section 3 : That Chapter 106, “Zoning,” Article V. “Supplementary District Regulations”, Division 4 “Fencing and Landscaping Requirements”, Section 106-801 “Tree Preservation”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: “Sec. 106-801. Tree preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. The city encourages site planning which furthers the preservation of trees and natural areas by the following methods: To protect trees during EXHIBIT B construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting as outlined in section 106-803 (Tree replacement) or through a contribution to the tree fund established in section 106-803 (Tree fund) of this chapter. It is the further intent of this section to achieve the following objectives: (1) Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the city to the degree possible. (2) Protect and increase the value of residential and commercial properties within the city. (3) Discourage premature clear-cutting of property. (4) Maintain and enhance a positive image for the attraction of new developments to the city. (b) It shall be unlawful for any person to cause or permit the destruction of any healthy native tree within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and/or destroyed if the tree is obviously diseased or determined to be diseased by an arborist or in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. (d) The provisions of this section are not required on individual single family lots.” Section 4 : That Chapter 106, “Zoning,” Article VII. “Signs”, Section 106-877 “Temporary Signs”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: “Sec. 106-877. Temporary signs. (a) Subject to the provision of this section, temporary signs are prohibited except in the following instances: (1) Temporary signs shall be a maximum of 18 inches by 24 inches in size and constructed of all- weather corrugated plastic sheeting with a wooden stake or greater as support. (2) Temporary signs may only be placed between the hours of 5:00 p.m. on Friday and 7:00 p.m. on the following Sunday. (3) Temporary signs shall be free of balloons, banners, or streamers. (4) In the Main Street District with Overlay, temporary sandwich board signs are permitted provided such signs are removed at the close of business each day. (b) Location of temporary signs: (1) Temporary signs shall not be placed in a manner that will interfere with a site visibility triangle or otherwise create a traffic hazard as referenced in section 106-805 (Visibility triangles). (2) Temporary signs may not be located within five feet of the edge of any pavement. (3) Temporary signs may only be placed at the following locations within the city, with a maximum of two temporary signs permitted at any one time at any specified intersection: SH 146 at Fairmont (northeast, southwest and southeast corners) EXHIBIT B SH 146 at Wharton Weems (northeast and southeast corners) SH 146 at McCabe (northeast corner and feeder and southeast corner of northbound SH 146 and McCabe) SH 225 at Underwood (southwest corner of Underwood eastbound lane and southeast corner of Underwood eastbound lane of SH 225) SH 225 at Sens (northwest and northeast corners SH 225 and southwest corner of SH 225 on westbound feeder on Sens) Spencer at Sens (northwest and northeast corners SH 225 and southwest corner of SH 225 on westbound feeder on Sens) Spencer at Sens (northwest and southeast corners) Spencer at Valleybrook (southeast corner) Spencer at Driftwood (southeast corner) Spencer at Luella (southeast corner) Fairmont at Luella (northwest corner Luella, eastbound lane W. Fairmont) Fairmont at Driftwood (northwest corner westbound on Fairmont) S. Broadway at Fairmont (northwest and southwest corners) S. Broadway at Wharton Weems (northwest and southwest corners) N. "L" at Underwood (northeast and southeast corners) Bay Area Blvd. at Fairmont (northwest corner of Bay Area Blvd. and eastbound lane on W. Fairmont and southeast corner of Bay Area Blvd. eastbound lane on W. Fairmont) (4) Temporary signs permitted in subsection (a)(4) above may be permitted on the sidewalk immediately adjacent to the business advertising with the sign provided that such location does not impede safe movement on the sidewalk. (c) Temporary sign permits: (1) No temporary sign may be erected within the city limits of the City of La Porte without a permit first having been obtained from the building official. (2) Application for temporary sign permits shall be made upon forms provided by the building official, and shall contain and be accompanied by information sufficient to identify the location of the proposed sign, consistent with the location criteria established in subsection (b)(2) above. (3) No person shall be issued a temporary sign permit under this section until such person has filed with the city secretary a bond or insurance policy, or both, in the amount of $200.00 per sign approved, in form approved by the city attorney, such bond or policy to be conditioned on the placement of temporary signs in accordance with the provisions of this article, the other ordinances of the City of La Porte, and further providing for the indemnification of the city for any and all damages or liability that may accrue to or against the city by reason of the placement, maintenance, alteration, repair or removal, or defects in any temporary sign erected by or under the direction of such applicant, and further providing for the indemnification of any person who shall, while on public property or public right-of-way of the City of La Porte, incur damages for which the person erecting any such temporary sign is legally liable by reason of his act or omission in regard to erection of such temporary signage. (4) No permit issued under this ordinance shall be transferable. EXHIBIT B (d) Number of temporary sign permits: No permittee for a temporary sign may obtain a permit for placement of more than two temporary signs at any one particular location specified in section 106- 877(b) (Temporary signs) above with a maximum of ten temporary signs per permittee, and a maximum of two temporary signs per permittee per location. (e) Further limitations on permit: No permittee may obtain permits for location of temporary signs for more than four consecutive weeks. Upon the expiration of four consecutive weeks of permits for a particular permittee, no permit shall be issued by the city for any temporary signs for 30 days following said four consecutive week period. (f) Revocation of permit: Upon learning of any violation of this article or the ordinances of the City of La Porte by any temporary sign permit holder, the building official shall give notice of said violation to the responsible permit holder. Two or more violations of this article, or other ordinances of the City of La Porte shall result in denial of future temporary sign permits to the responsible permittee by the City of La Porte. (g) Signs erected for a governmental purpose by or on behalf of the City of La Porte are exempt from the provisions of this chapter.” Section 5 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 6. 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 7 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 8. 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. Gov’t 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 9 . 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. EXHIBIT B PASSED AND APPROVED this the______ day of ______________, 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: ___________________________________ Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney