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.ConsiderarequestbyLaPorteLodgingHospitalityLLCforconsiderationofawaivertotheĭźƷǤƭDesign
Guidelines(ExteriorFaçadeMaterials)asoutlinedinSection106928oftheCodeofOrdinanceforthe
proposedFairfieldInn&Suiteslocatedat711Highway146South.
6.OpenpublichearingtoreceiveinputonanordinanceamendingChapter106ͻƚƓźƓŭͼoftheCodeof
OrdinancesoftheCityofLaPortebyaddinganewdefinition,andrevisingregulationsrelatedtoexterior
storage,treepreservation,andtemporarysigns.
a.StaffPresentation
b.PublicComments(for,against,orquestions)
c.QuestionandAnswer
7.Closepublichearing.
8.ConsiderrecommendationtoCityCouncilonordinanceamendingChapter106ͻƚƓźƓŭ͵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/ƚǒƓĭźƌƭ
approvalofthisrezoningonJuly14,2014,wasthattheapplicantvacatethelotandreplatthe
propertywithin180days.The180dayshaveexpired;however,theapplicant,AngelSandoval,Jr.,
hasnowobtainedthenecessarysignatures,allowingfortherequesttobeheardagain.
PublichearingnoticesweremailedtoallpropertyownerslocatedwithinЋЉЉofthesubjectsite.
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.
PublichearingnoticesweremailedtoallpropertyownerslocatedwithinЋЉЉofthesubjectsite.
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
theĭźƷǤƭbuildingpermitapplicationprocess.
PlanningandZoningCommission
MinutesofApril16,2015
Page5of5
TheplanshallcomplywithallapplicableprovisionsofChapter106(Zoning)ofthe/źƷǤƭCodeof
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\[ğtƚƩƷĻͲĻǣğƭ
PlanningandZoningCommissionRegularMeeting
May21,2015
MajorDevelopmentSitePlanΑLPJHS
PlanningandDevelopmentDepartment
StaffReport
ISSUE
ShouldthePlanningandZoningCommissionapprovearequestbytheLaPorte
IndependentSchoolDistrictforaMajorDevelopmentSitePlantoallowconstructionof
anadditiontotheexistingLaPorteJuniorHighSchoolbuildinglocatedat401S.
Broadway?
RECOMMENDATION
StaffrecommendsapprovaloftheproposedMajorDevelopmentSitePlan.
DISCUSSION
Applicant/PropertyOwner:
LaPorteIndependentSchoolDistrict
!ƦƦƌźĭğƓƷƭRequest:
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
tƚƩƷĻƭLandUseMapidentifiesthisparcelasͻtǒĬƌźĭΉLƓƭƷźƷǒƷźƚƓğƌ͵ͼThefollowingtable
summarizesthesurroundingzoningandlanduses:
ZoningLandUse
bƚƩƷŷ R2,MediumDensityResidentialLaPorteElementarySchool
{ƚǒƷŷ R2,MediumDensityResidentialLaPorteHighSchool
ĻƭƷ GC,GeneralCommercialGeneralCommercialUses(acrossBroadway)
9ğƭƷ R1,LowDensityResidentialExistingSingleFamilyDetached
R2,MediumDensityResidentialChurchFacility
Analysis:
ThissitedevelopmentplanwasreviewedaccordingtotheprovisionsofAppendixEof
theĭźƷǤƭDevelopmentOrdinance(No.1444).Becausethesiteisgreaterthan10acres
insize,itrequiresapprovalbythePlanningandZoningCommission.Thesiteplanisalso
subjecttoallapplicablerequirementsoftheĭźƷǤƭZoningOrdinance(Chapter106ofthe
ĭźƷǤƭCodeofOrdinances).Planningstaffhasreviewedtheproposedsitedevelopment
planandconcludedthattheapplicationcomplieswithallapplicablecoderequirements.
ThefollowingisadescriptionofƭƷğŅŅƭanalysisofvariousconsiderations:
{źƷĻLƒƦƩƚǝĻƒĻƓƷƭ͵
Theproposedsiteplanincludesabuildingadditionapproximately35,000squarefeetin
area.Theexistingbuildingtotals108,374squarefeetinfloorarea.Thereareexisting
coveredsidewalkstructuresthatencroachwithintheЌЉsetback.Howeverthe
proposedbuildingadditionwillcomplywithallapplicablesetbackrequirements.
\[ğƓķƭĭğƦźƓŭ.
Thelandscapingproposedwiththisprojectisminimal.Thereisexistinglandscaping
alongS.Broadway,howevertheapplicantisproposingtheremovaloftwotreesatthe
proposeddrivewayentrancetotheparkinglot.Inresponse,theyareproposingto
replacethetreesbeingremovedwithtwoadditionaltreesalongBroadway,fourwithin
theparkinglotislands,andteninthecourtyardarea.Thisproposalalsoincludessome
additionalplantingswithinthecourtyardarea.
tğƩƉźƓŭğƓķĭźƩĭǒƌğƷźƚƓ.
Section106838oftheCodeofOrdinancesoutlinestheĭźƷǤƭparkingrequirementsfor
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/źƷǤƭ
DesignGuidelines(ExteriorFaçadeMaterials)
fortheProposedFairfieldInn&Suites
at711Highway146South.
Applicant:LaPorteLodgingHospitalityLLC
9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ
tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ
/źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ
PlanningandZoningCommissionRegularMeeting
May21,2015
DesignGuidelinesWaiverΑFairfieldInn&Suites
PlanningandDevelopmentDepartment
StaffReport
ISSUE
ShouldthePlanningandZoningCommissionapprovearequestbyLaPorteLodging
HospitalityLLCforawaivertotheĭźƷǤƭexteriorfaçadematerialsdesignguidelinesfor
constructionofnewFairfieldInn&Suitesat711Highway146South?
DISCUSSION
ThesiteissubjecttotheĭźƷǤƭDesignGuidelinesasoutlinedinArticleIXofChapter106
oftheĭźƷǤƭCodeofOrdinances.Section106928outlinesvariousarchitecturaldesign
guidelines,includingbuildingform,buildingarticulation,roof,architecturaldesign
elements,andexteriorfaçadematerials.BecausethissitefrontHighway146,thecode
requires80%oftheĬǒźƌķźƓŭƭfaçadebecoveredbystoneormasonrymaterialsfora
Tier1buildingand20%forothermaterialssuchasstucco,architecturalblock,
cementitiousfiberboard,EIFS(above14feet),andpainted,coloredorstampedtiltwall.
TheapplicantisrequestingconsiderationofawaivertotheĭźƷǤƭDesignGuidelines
concerningExteriorFaçadeMaterials.ThisitemwaspresentedtotheCommissionfor
considerationattheMarch19,2015meeting.Atthattimetheapplicantwasproposing
todeviatefromtheĭźƷǤƭrequirementsforabuildingfaçade,whichrequiresaminimum
80%ofthefaçadebecoveredbystoneorbrick/masonry.Theirproposalincluded
25%ofthefaçadewithbrick/stone.TheCommissionexpressedsomeconcern
covering
withthedeviationfromthecodeandtheapplicantdecidedtoreevaluatetherequest.
Sincethatmeeting,theapplicanthasrevisedtheirdrawingstoprovide60%stone/brick
coverage.Becausethisisstilllessthanthe80%requiredinthecode,theapplicantis
requestingconsiderationofawaivertothisrequirement.
Section106927oftheĭźƷǤƭCodeofOrdinancesstatesthatthePlanningandZoning
Commissionmayapproveawaiverrequestsubjecttotwofindings.Thefollowingisalist
ofthosefindings:
1.TheprojectasdesignedisconsistentwiththegeneralspiritandintentoftheCity
ofLatƚƩƷĻƭComprehensivePlan.
2.Theproposedbuildingwillresultinanattractivecontributiontothecommunity.
1
PlanningandZoningCommissionRegularMeeting
May21,2015
DesignGuidelinesWaiverΑFairfieldInn&Suites
Inreviewingthiswaiverrequest,staffisconcernedwiththediscrepancyinthe
percentageofstoneandbrickrequired.TheĭźƷǤƭdesignguidelinesintentionally
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\[ğtƚƩƷĻͲĻǣğƭ
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
postedatCityHallandontheĭźƷǤƭwebsite.
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