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Home My WebLink About12-15-22 Regular Meeting of the Planning and Zoning Commission HALLAWLER JAMESWALTER Chairman CommissionerDistrict3 DONNA MARK FOLLIS CommissionerAtLargeA CommissionerDistrict4 JOEMOCK VICTOR PERES CommissionerAtLargeB CommissionerDistrict5 NOLANALLEN NANCY OJEDA CommissionerDistrict1 CommissionerDistrict6 RICHARDWARREN Commissioner District 2 ViceChairman LAPORTEPLANNINGANDZONINGCOMMISSION AGENDA THURSDAY,DECEMBER15,2022 REGULARMEETING6P.M. CITYCOUNCIL CHAMBER LAPORTECITYHALL,604WESTFAIRMONTPARKWAY,LAPORTE,TEXAS,77571 Remote participation is available. Attend via tablet, mobile phone, or computer using the following link https://us02web.zoom.us/j/82021735893?pwd=UFZFU29scDJuWko2M29IUXYyTmdXdz09 Joinbyphoneat 877-853-5257 or888-475-4499.The meetingID is 820 2173 5893.Thepasscode is 333971. Personswith disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the Planning Department (281-470-5057) threeworking days prior to the meeting for appropriate arrangements. 1.CALLTOORDER 2.ROLLCALLOFMEMBERS 3.CONSIDER APPROVALOFTHEMEETING MINUTES:Approve the minutes of the November 17,2022, regular meetingof the Planning and Zoning Commission. 4.COMMERCIAL REPLAT #22-97000006:Consider approval of a D&R La Porte Business Park, a commercial replat consisting of 25.32-acres, located at the 11100 State Highway 225and legally described as Tracts 8B and 8D, Enoch Brinson Survey, Harris County, TX. 5.RESIDENTIAL REPLAT#22-97000003:The Commission will hold apublichearingonResidential Replat#22-97000003, pursuant to an application byJeff Strother, applicant,on behalf of Todd E. Houston, owner,for the proposed Partial Replat of Outlot 483 La Porte Outlots, a 2.66-acre replat located at10280 N. H St. and legally described asTract 483A, La Porte Outlots, Harris County, Texas. a.StaffPresentation b.PublicComments(Limitedto5minutesperperson) c.Adjourn Hearing 6.COMMISSION DISCUSSION AND POSSIBLE ACTION: ResidentialReplat#22-97000003 7.ZONE CHANGE REQUEST #22-92000013:The Commission will holdapublichearingon Zone Change Request #22-92000013, pursuant to an application from the City of La Porte, applicant, for approval of a zone change from General Commercial (GC)to LowDensity Residential (R-1), for a 3.25-acre tract of land ndrd located between W. Fairmont and I St.,and along S. 2and S. 3streets,legally described as Lots 23-32, Block 177 and Lots 1-13, 20-32, and the northern 17 feet of lots 14 and 19,Block 178,Town of La Porte, Harris County, Texas 1 a.StaffPresentation b.PublicComments(Limitedto5minutesperperson) c.Adjourn Hearing 8.COMMISSION DISCUSSION AND POSSIBLE ACTION:Zone Change #22-92000013 9.CHAPTER 106 (ZONING) AMENDMENTS: The Commission will hold a Public Hearing to receive input Code of Ordinances of the City of La Porte, Texas, regardingchanges to notification requirements and procedures for public hearings held before the La Porte Planning and Zoning Commission,La Porte City Council and/or LaPorte Zoning Board of Adjustment, changes regarding RV Parks and Campground uses, & Self Storage and Mini-Warehouse uses. a.StaffPresentation b.PublicComments (Limitedto5minutesperperson) c.AdjournHearing 10.COMMISSION DISCUSSION AND POSSIBLE ACTION:Recommendation to La Porte City Council on proposed amendments to of Ordinances of the City of La Porte, Texas, regardingchanges to notification requirements and procedures for public hearings held before the La Porte Planning and Zoning Commission,La Porte City Council and/or LaPorte Zoning Board of Adjustment, changes regarding RV Parks and Campgrounduses, & Self Storage and Mini-Warehouse uses. 11.SACREQUEST:TheCommission will hold a public hearing on right-of-way closureapplicationSAC#22- 25000010, a portionof W. F Street between Lots 16 and 17, Block 827 and Lots 1 and 32, Block 830, Town of La Porte, Harris County, TX. a.StaffPresentation b.PublicComments (Limitedto5minutesperperson) c.AdjournHearing 12.COMMISSIONDISCUSSIONANDPOSSIBLEACTION:RecommendationtoLaPorteCityCouncil on right-of-way closure application SAC #22-25000010. 13.DISCUSSION ITEMS: a.Comprehensive Plan Update b.Next Regular Meeting JANUARY 19, 2023 14.COMMISSIONCOMMENTS:Commentsonmattersappearingontheagendaorinquiryofstaff regardingspecificfactualinformationor existingpolicy. 15.ADJOURN A quorum of City Council members may be present and participate in discussions during this meeting; however, noactionwillbetakenbytheCouncil. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the Planning and Development office (281-470-5057)three (3) business dayspriortothemeeting forappropriatearrangements. 2 Pursuant to Texas Government Code Sec. 551.127, on a regular, non-emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the memberswill bephysicallypresentat the locationnotedaboveonthis agenda. CERTIFICATION IdoherebycertifythatacopyoftheDecember15,2022,PlanningandZoningCommissionagendawas postedontheCityHallbulletinboard,aplaceconvenientandreadilyaccessibletothegeneralpublicatall times, andtotheCity'swebsite at LaPorteTX.gov,incompliance withChapter551,TexasGovernment Code. Title: DATEOFPOSTING TIMEOFPOSTING TAKENDOWN 3 Planning and Zoning Commission December 15, 2022 Meeting Minutes Approval of Meeting Minutes a.November 17, 2022 4 HAL LAWLER JAMES WALTER Chairman CommissionerDistrict 3 MARK FOLLIS CommissionerAt Large A CommissionerDistrict 4 JOE MOCK VICTOR PERES CommissionerAt Large B CommissionerDistrict 5 NOLAN ALLEN NANCY OJEDA CommissionerDistrict 1 CommissionerDistrict RICHARD WARREN CommissionerDistrict 2 Vice Chairman MINUTES OF THE REGULARMEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION NOVEMBER 17,2022 The Planning and Zoning Commissionof the City of La Portemet in aregularmeetingon Thursday, November 17,2022,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at6:00p.m., with the following in attendance: Commissionerspresent:Chairman Hal Lawler;CommissionersJames Walters;;Nolan Allen;andNancy Ojeda. Commissionersabsent:Commissioners Victor Peres, Mark Follis,andJoe Mock. City Staffpresent:Ian Clowes, City Planner;Clayton Price, Planning Technician; Teresa Evans, Planning and Development Director;Corby Alexander,CityManager. 1.CALL TO ORDER Chairman Lawlercalled the meeting to order at 6:01PM. 2.ROLL CALL OF MEMBERS:Commissioners Peres, Follis,andMockwere absent. 3.CONSIDER APPROVAL OF THE MEETING MINUTES: a.Approve theminutes of the meeting held on October 13, 2022. Commissioner Ojeda movedto approvethemeeting minutes; the motion was adopted, 6-0. 4.PRESENTATION: Presentation by Kerry Lackey of Cobb Fendley regarding the completed City of La Porte right-of-way-study. 5.RESIDENTIAL REPLAT #22-97000004: The Commission will hold a public hearing on Residential Replat #22-97000004, pursuant to an application by Stephen C. Blaskey of High Tide Land Surveying, LLC, applicant, on behalf of Travis and Brittney Barnett, owners, for the proposed Partial Replat of Battleground Estates Section 2, a 2.45-acre replat located at 10807 Houston Drive and legally described as Reserve A & Reserve A-1, Block 12, Battleground Estates, Section 2, Harris County, Texas. The hearing was opened at 6:17 PM. City Planner Ian Clowes presented the request and provided background information. 6.ADJOURNPUBLIC HEARING: 6:20 Commissioner Nolan moved to approve Residential Replat #22-97000004 as presented;the motion was adopted 6-0 and the item was approved. 7.CONSIDERATION AND POSSIBLE ACTION: Consider approval of an extension of time for Special Conditional Use Permit (SCUP) #21-91000006, a request by Tammy Millstid of C.M. Millstid Properties LLC., applicant and owner, for approval of a SCUP to allow for Business Industrial (BI) uses in the Page 1of3 November 17, 2022-P&Z CommissionMeeting Minutes 5 Planned Unit Development (PUD) zoning district on a 3.38 acre tract of land located at 11007 W. Fairmont Pkwy., legally described as Tract 1H, Abstract 625 R, Pearsall Survey, Harris County, Texas. City Planner Ian Clowes presented the request and provided background information. Permit (SCUP) #21-91000006;the motion was adopted, 6-0,and the item was recommended for approval. 8.ZONE CHANGE REQUEST #22-92000012: The Commission will hold a public hearing on Zone Change Request #22-92000012, pursuant to an application by Colin Davidson of META Planning + Design, applicant, along with Fairmont Parkway, LTD c/o John Mariner, Partner and William C. Visinsky, Vice- President, VDB Property Management, LLC, General Partner, owners, for approval of a zone change from High Density Residential (R-3) to Planned Unit Development (PUD), on a 13.4-acre tract of land located at the 8700 block of Fairmont Pkwy., legally described as Tracts 19A and 19C, Abstract 482, W Jones Survey, Harris County, Texas. The hearing was opened at 6:26 PM. City Planner Ian Clowes presented the request and provided background information. Applicant Jennifer Curtis of META Planning and Design made a brief presentation. 9.ADJOURN PUBLIC HEARING:6:33 PM. Commissioner Warrenmoved to recommend approvalof Zone Change Request #22-92000012 as presented:the motion was adopted, 6-0and the item was recommended for approval. 10.SCUP REQUEST #22-91000007:The Commission will hold a public hearing on SCUP Request #22-91000007, pursuant to an application by Colin Davidson of META Planning + Design, applicant, along with Fairmont Parkway, LTD c/o John Mariner, Partner and William C. Visinsky, Vice-President, VDB Property Management, LLC, General Partner, owners, for approval of a SCUP to allow for a zero lot line single family development, on a 13.4-acre tract of land located at the 8700 block of Fairmont Pkwy., legally described as Tracts 19A and 19C, Abstract 482, W Jones Survey, Harris County, Texas. The hearing was opened at 6:34 PM. City Planner Ian Clowes presented the request and provided background information. Applicant Jennifer Curtis of META Planning and Design made a brief presentation. Applicant Mellissa Ussery made a brief presentation. Kerry Lackey of Cobb Fendley answered aquestion from the Commission regarding required drainage for the site. 11.ADJOURN PUBLICHEARING:6:53 PM. Commissioner Warrenmoved to recommend approvalof SCUP Request #22-91000007 as presented; the motion was adopted, 6-0,and the item was recommended for approval. Page 2of3 November 17, 2022-P&Z CommissionMeeting Minutes 6 12.CHAPTER 106 (ZONING) AMENDMENTS:The Commission will hold a Public Hearing to City of La Porte regarding changes to the High Frequency Truck Route. The hearing as opened at 7:00 PM. City PlannerIan Clowes presented the amendments and provided background information. 13.ADJOURN PUBLIC HEARING: 7:12 PM. approvalofthe Chapter 106 Amendments as presented; the motion was adopted, 6-0,and the item was recommended for approval. 14.DISCUSSION ITEMS: a.Increase Distance Requirement for Public Hearing Notification City Planner,Ian Clowes,explained a proposed amendment toChapter 106 Public Hearing Notification Amendments. TheCdistance notification requirementwas not warranted at this time. Chairman Lawler stated that he would like to see that all civic clubs and HOA groups,with property located withinalso receive public hearingnotices. Staff agreed to draft proposed language and bring back at a later date. ndrd b.Proposed Zone Change 2and 3St. GC to R-1. City Planner Ian Clowes discussed the proposed zone change and requested Commission feedback prior to the public hearing. c. Comprehensive Plan Update Director Teresa Evans provided an update on recent activities for the Comprehensive Plan. d. Next Regular Meeting December 15, 2022 ADJOURN:Commissioner Omade the motion to adjourn at 7:50PM; the motion was adopted 6-0. _______________________________ Hal Lawler, Planning and ZoningCommissionChairman _______________________________ Ian Clowes, City Planner Page 3of3 November 17, 2022-P&Z CommissionMeeting Minutes 7 Planning and Zoning Commission December15, 2022Commercial Replat #22-97000006 Planning and Development DepartmentStaff Report Commercial Replat -#22-97000006 DISCUSSION : This is a request for approval of the D&R La Porte Business Park, acommercial replatofa portion of the Enoch Brinson Survey, Abstract No. 5, located at 11100 State Highway 225. Background Information: The site is zoned LightIndustrial (LI).The site consistsof 25.32-acres and is platted as two (2) separate reserves. The proposed replat will create three (3) individual reservesout of the current two (2). Reserve A will total9.15-acres, Reserve B will total8.94-acres, and Reserve Cwill total 7.23-acres. Thetable below indicates the surrounding zoning and land uses: ZoningLand Use Light Industrial (LI)SH 225 North Light Industrial (LI)/Large Lot Trucking Use/Undeveloped South Residential (LLD) Single Family Residential (R-1)Single Family Residential West Light Industrial (LI)Pipeline Corridor East RECOMMENDATION Staff recommends the Planning and Zoning Commission approve the commercialreplat of D & R La Porte Business Park. ATTACHMENTS Exhibit A:Area Map Exhibit B:Zoning Map Exhibit C:FLUP Map Exhibit D:D & R La Porte BusinessParkReplat 8 ANNA ATNAS 9 ANNA ATNAS 10 11 12 Planning and Zoning Commission August 18, 2022Residential Replat #22-97000003 Planning and Development DepartmentStaff Report Residential Replat -#22-97000003 DISCUSSION : The applicant,Jeff Strother, on behalf of property owner, Todd E. Houston, is requesting approval of a residential replat for a portion of the La Porte Outlots, Lot 483. The site is located at 10280N. H St.The 2.66-acre tract is being subdivided into two tracts.Lot 1 is 1-acre in size and lot 2 is the remaining 1.66-acres.Both newly formed lots will front N. H Street and have direct access from the existing right-of-way. Background Information: The site is zoned Large Lot Residential (LLD)which requires a minimum lot area of 1-acre and a minimum lot width of 90 feet. Bothnewly created lots will each meet the minimum lot standards for the LLD zoning district. Thetable below indicates the surrounding zoning and land uses: ZoningLand Use Large Lot Residential (LLD)Large LotResidential North Low Density Residential(R-1)Single Family Residential South Large Lot Residential (LLD)Large LotResidential West Large Lot Residential (LLD)Large LotResidential East RECOMMENDATION Staff recommends the Planning and Zoning Commission approve the residential replat of Lot 483, La Porte Outlots. ATTACHMENTS Exhibit A:Area Map Exhibit B:Zoning Map Exhibit C:Land Use Map Exhibit D:PartialReplatof Lot 483, La Porte Outlots 13 RIDGEVALLEY K RA PEG DI R 14 RIDGEVALLEY K RA PEG DI R 15 RIDGEVALLEY K RA PEG DI R 16 17 Planning and Zoning Commission December15, 2022Zone Change #22-92000013 Planning and Development DepartmentStaff Report Zone Change Request -#22-92000013 DISCUSSION Location: ndrd The subject site is located between W. Fairmont and I St. along S. 2and S. 3streets. Legal Description: Lots 23-32, Block 177 and Lots 1-13, 20-32, and the northern 17 feet of lots 14 and 19,Block 178, Town of La Porte, Harris County, Texas Background Information: The property is currently developed with single family homes.When this area of the city was initially zoned, the determination was made to zone allthe property between I Street and W. Fairmont as General Commercial.Most ofthe existing uses within this area are commercial in ndrd nature, except forthe area along S. 2and S. 3streets. This has made it difficult for the existing homes to improve their property. The attached Exhibit B shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and landuses. ZoningLand Use NorthLow Density Residential (R-1)Single Family Residential SouthGeneral Commercial (GC)Commercial WestGeneral Commercial (GC)City storage and water facility EastGeneral Commercial (GC)Commercial Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with code provisions, including the following: notice in a newspaper of general circulation at least 15 days prior to the hearing; written notice mailed to owners of real property within 200 feet of the site within 10 days of the hearing; and signsposted in the area of the rezoningwithin 10days of the hearing. In accordance with state law, notice of the public . Analysis: Staff evaluated land use, access and utilityconsiderations during the review of this application. 1.Land Use.Staff finds that low density single familyresidential is an idealfit for the existing site. 2.Access.There is sufficient existing right-of-way access throughout the subject area. 3.Utilities.The site is already connected to city utilities. 18 Planning and Zoning Commission December15, 2022Zone Change #22-92000013 severalitems to be considered prior to making land use decisions. The following table breaks down each item and staff findings. Criterion:Staff Findings: Ability of infrastructure to Existing infrastructure in the area is sufficient to support support the permitted use.theexistinguse. Impact on the value and Proposed zone changewould be consistent with other practicality of the properties in the immediate area. surrounding land uses. Conformance of a zoningThe proposed zone change is in conformance with the request with the land use future land use plan. plan. Character of the Proposed zone changewould be consistent with other surrounding and adjacent properties in the immediate area. areas. Suitability of the property for The existinguses on site are consistent with thelow the uses which would be density,single family (R-1) zoning district. permissible, considering density, access and circulation, and adequacy of public facilities and services. The extent to which the The proposed zone change will have minimal impact on proposed use designation the traffic in the vicinity. would adversely affect the capacity or safety of that portion of the road. The extent to which the The proposed zone change will not create excessive air proposed use designation pollution or other negative environmental issues. would create excessive air pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the The proposed zone change will protect the existing public health, safety, and developments from being redeveloped into higher welfare of the City.density residential in the future. RECOMMENDATION Based on the above analysis, staff recommends the Planning and Zoning Commission conduct a public hearing for the proposed Zone Change request#22-92000013. ATTACHMENTS Exhibit A:Area Map Exhibit B:Zoning Map Exhibit C: Future Land Use (FLUP) Map 19 TS1 DN2 3 DR T4 H 20 TS1 DN2 3 DR T4 H 21 TS1 DN2 3 DR T4 H 22 Planning and Zoning Commission December 15, 2022Chapter 106 Amendments Planning and Development DepartmentStaff Report Chapter 106 Amendments DISCUSSION The Planning and Zoning Commission has beentasked by the City Council to review the current notification requirements for Public Hearings. Specifically, council asked the commission to At the November 17, 2022, regular meeting of thePlanning and Zoning Commission, this request was considered as a discussion item. The Chapter 106 Subcommittee met prior to the full Commission meeting and recommended that no changes be made to the current distance notification requirement. The Commissionagreed expanded, as it currently meets state requirements and is in line with other area municipalities. There was additional discussion to addlanguage that would require notificationbe providedto any homeownersproposed public hearing item. Below is the proposed amendment based on the commission discussion. 1.Public Hearing Notifications Sec. 106-171Amendment procedures (1)Public hearing before the city planning and zoning commission. Before taking any action on any proposed amendment, supplement, change, or modification, the city council shall submit the same to the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council. (2)Notice of public hearing before city planning and zoning commission. a.Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, as well as the La Porte Independent School District, and to civic associations whose boundaries are wholly or partly within said 200 foot area, such notice to be given not less than ten days before the date set for hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositingthe same, properly addressed and such hearing shall be published once in a newspaper of general circulation in the city. In addition to the aforementionedamendment,staff is recommending that the Commission consider recommendations fortwo(2)additional amendments. These amendments were previously reviewed by the Chapter 106 Subcommittee and discussed with the entire Commission at the September15, 2022, meeting. Below are the two sections of the code with red lines showingthe proposed changes. 23 Planning and Zoning Commission December 15, 2022Chapter 106 Amendments 2.RV Parks Sec.106-331RV Parks are currently an unlisted use in the code even though RVs are allowed in the MH District. The code should reflect that NAICS 721211 RV Parks, is allowed outright in the MH Zoning District Uses (NAICS Code #)R-1R-2R-3MHLL RV (Recreation Vehicles) Parks and Campgrounds NAICS P **** #721211 3.Self-Storage Sec. 106-310Boat and RV storage are currently included with mini warehousing and self-storage under NAICS 531 Real Estate and should be separated into individual categories. **NCMSGCMUBILIHI 531Real EstatePPPPPPP 531130Lessors of Miniwarehouses CCPPP and Self-Storage Units (Not including Boat and RV Storage) 531130Boat and RV StorageCCCPP RECOMMENDATION Staff recommends the Planning and Zoning Commission make a recommendationforthe proposedamendments to Chapter 106,as presented. 24 ORDINANCE NO. AND CHAPTER 86 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REVISING DISTANCE REQUIREMENTS FORGIVING OF NOTICE TO ADJACENT PROPERTY OWNERS OF PUBLIC HEARINGS ON CHANGES TO ZONING CLASSIFACTION OF PROPERTY, RESIDENTIAL REPLATS, AND MATTERS HEARD BY THE ZONING BOARD OF ADJUSTMENT;REQUIRING NOTICE TO CIVIC ASSOCIATIONS FOR CHANGES TO ZONING CLASSIFACTION OF PROPERTY;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:Article IIAdministration5 AmendmentsSection 106-171Amendment Procedures of La Porte, Texas, is hereby amended and shall hereinafter read as follows: -171.Amendment procedures. The city council may from time to time, on its own motion, the motion of the planning and zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions, and boundaries herein established. (1) Public hearing before the city planning and zoning commission.Before taking any action on any proposed amendment, supplement, change, or modification, the city council shall submit the same to the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council. (2) Notice of public hearing before city planning and zoning commission. a.Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sentto owners of real property lying within 200feetof the property on which the change in classification is proposed,as well as the La Porte Independent School District, and to civic associations whose boundaries are wholly or partly within said 200 foot area,such notice to be given not less than ten days before the date set for hearing, to allowners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing thesame, properly addressed and postage paid, in the city post published once in a newspaper of general circulation in the city. b.Requirements for public notice by sign posting: 25 1.Public notice for procedures requiring public notice by sign posting shall be provided by the city at least 15 days before the public hearing. 2.The applicant shall place public notice sign on the property within 20 feet of the abutting street. 3.The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. 4.Public notice sign shall include the date, time, place, and purpose of public hearing. 5.The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. 6.The erection of this sign shall not require a permit from the city. (3)Publication of notice.In the event a public hearing shall be held by the city planning and zoning commission in regard to a change of this chapter not involving particular property but involving a change in the chapter generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (4)Submission of findings and recommendations to city council.The city planning and zoning commission shall forward its final report consisting of written findings of fact and recommendations to city council,within 30 daysof the close of the public hearing held in accordance with this section. (5)Public hearing before city council. a.Upon receipt of the written recommendations from the planning and zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement, change, modification or repeal of the regulations, restrictions, and boundaries herein established. b.Notice of such hearing shall be given by publication once in a newspaper of general circulation on the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (6)Council actions.The city council shall act upon such motion or petition within sixty (60)days from the date the final report of the city planning and zoning commission was submitted to the city council. (7)Protests. a.In case of a protest against any such amendment,supplement, change, or repeal of the regulations, restrictions, and boundaries herein established, a written protest filed with the enforcement officer and signed by the owners of 20 percent or more of either: 1.The area of lots or land covered by the proposed change; or 26 2.The area of lots or land immediately adjoining the area covered by the proposed change and extending 200feetfrom that area. Such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of three-fourths of all the members of the city council. 3.Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8)Vote to overrule.The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. (9)Reconsideration.An application for anamendment to the zoning classification of property that is denied by the city council, or which is withdrawn by an applicant after the planning and zoning commission makes a report recommending denialof such amendment, may not be resubmittedby the applicant for filing with the city within six (6)months of the date of filingof the first application Section 2:i6Special Exceptions and Variances-194Notice of public hearings before the board of adjustmentand shall hereinafter read as follows: -194.-Notice of public hearings before the board of adjustment. (a)The notice of public hearings provided for in this section shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearings, which shall not be earlier than ten days from the date of such publication, and in addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying within 200feetof any point of the lot or portion thereof, on which a special exception or variance is desired, and to all other persons deemed by the board of adjustment to be affected thereby; such owners and persons shall be determined according to the last approved tax roll of the city. Such notice may be served by depositing addressed and postage paid, in the city post office. (b)Requirements for public notice by sign posting: (1)Public notice for procedures requiring public notice by sign posting shall be provided by the city at least ten days before the public hearing. (2)The applicant shall place public notice sign on the property within 20 feet of the abutting street. (3)The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. 27 (4) Public notice sign shall include the date, time,place, and purpose of public hearing. (5) The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. Section 3:That i Division- of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: (e)Replat of recorded subdivision plats. A replat or re-subdivision of a recorded subdivision plat, or a portion thereof, but without vacation of the immediate previous plat, is hereby expressly authorized to be recorded and shall deemed valid and controlling when: a.It has been signed and acknowledged by only the owners of the particular property which is being re-platted or re-subdivided on the acknowledgement shown in Enclosure 1 to Appendix D; b.It does not attempt to alter, amend or remove any covenants and restrictions; c.There is compliance, when applicable, withV.T.C.A. Local Government Code §§ Sections212.014,and212.0145, and 212.015 d.It has been approved by the commission after being prepared and filed as though it were an original plat as specified in subparagraph "c" of this section; and e.All expenses incurred by the city or the subdivider in the replat process shall be borne by the subdivider, including costs of notice at public hearing. Section 4:That Chapter i9 Nonconforming Buildings, Structures and Uses-266Extended useful life and terminationof the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-266.-Extended useful life and termination. (b) Public hearing. (1)The board of adjustment shall hold a public hearing to establish an extended useful life for each nonconforming use subject to notification pursuant tosection 106- 264(Notification of nonconforming status), or to consider an application for an exemption from the extended useful life and termination requirements of this section as 28 allowed insection 106-265(Application for exemption from extended useful life requirement) and this section, but subject to the following notification requirements: a.Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to the owner and occupant of the nonconforming use at least 30 days prior to the date of such public hearing; b.Publication at least 30 days prior to the date of public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c.Mailing of the notice of public hearing at least 60 days prior to the date of the public hearing to property owners within 200feet,as determined pursuant tosection 106-89(Appeals to board of adjustment), of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations, whose boundaries are wholly or partly within said 200foot area. Section 5:i9 Nonconforming Buildings, Structures and Uses-266Extended useful life and terminationof the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: Sec. 106-267.-Revocation of nonconforming use status. (2)Board notice, review and decision.Upon its own motion, or upon receipt of the planning director's report recommending the revocation of the status of the revocable use, the board of adjustment shall hold a public hearing to consider revocation of a revocable use. Prior to holding such hearing, the board of adjustment shall provide public notice as follows: a.Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to all persons having an interest in the property as shown by the certified tax rolls of the city and to the occupant or occupants of the property containing said revocable use at least 30 days prior to the date of such public hearing; b.Publication at least 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c.Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feetas determined pursuant tosection 106-89(Appeals to board of adjustment), of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations registered with the planning director, whose boundaries are wholly or partly within the 200 foot area. Upon the conclusion of the public hearing, the board of adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the revocable use should be revoked and the use amortized or terminated. In making its determination whether or not to revoke, the board of adjustment shall consider the standards set forth 29 insection 106-267(3) (Required findings and standards in board-determination of revocation), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this zoning ordinance, establish an extended useful life period for the owner to recoup the current remaining useful investment in the use made by the owner prior to the time the use became nonconforming, in accordance with the procedures set forth above. The revocable use shall terminate at the end of the extended useful life period or the termination date, as the case may be, as established by the board of adjustment. Section 6.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 THOUSANDDOLLARS ($2,000.00). Section 7.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 otherprovision, 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 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 9.The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding 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 thecontents and posting thereof. Section 10. 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. 30 PASSED AND APPROVED this the______ day of ______________2023. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, City Attorney 31 ORDINANCE NO. 2023-________ ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATEDTO RV PARK AND CAMPGROUNDUSESANDSELF STORAGE AND MINI-WAREHOUSE USES;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:Article IIIDistricts2Residential District RegulationsSection 106-331Table A, residential uses the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: -331.Table A, residential uses. P (abc)Permitted uses (subject to designated criteria established in section 106-334 (Special use performance standards; residential)). PPermitted uses. AAccessory uses (subject to requirements of section 106-741 (General provisions)). CConditional uses (subject to requirements of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments) and designated criteria established in section 106-334 (Special use performance standards; residential) as determined by the planning and zoning commission). *Not allowed Uses (NAICS Code #)R-1R-2R-3MHLL RV (Recreation Vehicles) P **** Parks and Campgrounds NAICS #721211 Section 2:IIIDistricts1Generally, Section 106-310Table A, Commercial & Industrial Usesof the Code of Ordinances of the City of La Porte, Texas, is hereby amendedand shall hereinafter read as follows: Sec. 106-310.Table A, Commercial *& Industrial Uses. 32 **NCMSGCMUBILIHI 531Real EstatePPPPPPP 531130Lessors of Miniwarehouses CCPPP and Self-Storage Units (Not including Boat and RV Storage) 531130Boat and RV StorageCCCPP Section 4.Anyperson, 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 THOUSANDDOLLARS ($2,000.00). Section 5.Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7.The City Council officially finds, determines, recites and declares that a sufficient writtennotice 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 that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. 33 PASSED AND APPROVED this the______ day of ______________2023. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, City Attorney 34 Planning and Zoning Commission December 15, 2022SAC #22-25000010 Planning and Development DepartmentStaff Report SAC-#22-25000010 DISCUSSION Location: th The subject right-of-wayis a portion of W. F Street, east of S. 16St. and locatedbetween Lots 16 and 17, Block 827 and Lots 1 and 32, Block 830, Town of La Porte, Harris County, TX. Background Information: Staff has received anapplicationtoclosea portion of the existing W. F Street. As per the new requirements recently approved by the City Council, the Planning and Zoning commission will hold a public hearing and provide arecommendationto the City Council. Chapter 62 of the City Code of Ordinances, was recently updated to require that applicants requesting closure of certain rights-of-way where city infrastructure currently exists, shallpay for theremovaland/or relocation oftheinfrastructure. The requested closure of this portion of W. F Street has anexisting water main as well as a public fire hydrant. Additionally, there are existing roadside ditches located within the closure area. These ditches provide the final outfall path for most ofthe drainage within the area. Staff, including the Associate City Engineer and Assistant Public Works Director, do not recommend closure of this portion of W. F Street. RECOMMENDATION Staff recommends the Planning and Zoning Commission conductapublichearing for the proposed street and alley closure SAC #22-25000010. ATTACHMENTS Exhibit A:AreaMap Exhibit B:Staff Recommendations 35 36 I agree. There is an existing water main on the north side of the ROW, and the existing ditches provide the final outfall path for the drainage within the area. Closing the ROW is not recommended. Lorenzo Wingate, P.E., C.F.M. Assistant Director of Public Works rd 2963 N 23 Street | La Porte, TX 77571 p.281.470.5105 | m. 281.628.3931 website | map | email Please take a moment to complete the City of La Porte customer experience survey. Download the La Porte By the Bay App today! From: Michel, Malik <michelm@laportetx.gov> Sent: Monday, November 28, 2022 2:29 PM To: Clowes, Ian <ClowesI@laportetx.gov>; Wingate, Lorenzo <WingateL@laportetx.gov>; Kerry Lackey <klackey@cobbfendley.com>; Meekins, Clif <MeekinsC@laportetx.gov> Cc: Evans, Teresa <EvansT@laportetx.gov>; Price, Clayton <PriceC@laportetx.gov> Subject: RE: SAC Request - W. F St. The only issues that I can see is that there is a water line within this portion and roadside ditches that are downstream near the outfall. My concern with closing the roadside ditch is that if the owner doesn’t properly maintain it, it could potentially impact all upstream drainage. Kerry and Lorenzo, please let me know if my concerns are valid. Thank you, Malik M. Michel, E.I.T. | Associate Engineer 604 W. Fairmont | La Porte, TX 77571 p.281.470.5060 | f. 281.470.5005 website | map | email | 37 Planning and Zoning Commission December 15, 2022 Discussion Item Discussion Item a.Comprehensive Plan Update b.Next Regular Meeting JANUARY 19, 2023 38