HomeMy WebLinkAbout02.16.2023 Planning and Zoning Commission Agenda Packet HAL LAWLER
Chairman DONNA O’CONNER Commissioner At Large A
JOE MOCK
Commissioner At Large B
NOLAN ALLEN
Commissioner District 1
RICHARD WARREN
Commissioner District 2
Vice Chairman
JAMES WALTER
Commissioner District 3
MARK FOLLIS
Commissioner District 4
VICTOR PERES
Commissioner District 5
NANCY OJEDA
Commissioner District 6
LA PORTE PLANNING AND ZONING COMMISSION AGENDA
THURSDAY, FEBRUARY 16, 2023
REGULAR MEETING 6 P.M.
CITY COUNCIL CHAMBER
LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571
Remote participation is available. Attend via tablet, mobile phone, or computer using the following
link https://us02web.zoom.us/j/89332492201?pwd=WXBJdjgvT0JQbGZPZDNWbVYwK2JyQT09
Join by phone at 877-853-5257 or 888-475-4499. The meeting ID is 893 3249 2201. The passcode is
206685.
Persons with 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) three working days prior to the meeting for appropriate arrangements.
1.CALL TO ORDER
2.ROLL CALL OF MEMBERS
3.CONSIDER APPROVAL OF THE MEETING MINUTES: Approve the minutes of the December 15, 2022,
regular meeting of the Planning and Zoning Commission.
4.COMMERCIAL REPLAT #22-97000007: Consider approval of a partial replat of Fairmont Park East
Business Park Reserves, a commercial replat consisting of 1.872-acres, located at 10505 W. Fairmont
Pkwy. and legally described as Reserves 4 and 5, Fairmont Park East Business Park, Harris County,
TX
5.CHAPTER 106 (ZONING) AMENDMENTS: The Commission will hold a Public Hearing to receive input
on an ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte,
Texas, regarding changes to notification requirements and procedures for public hearings held before
the La Porte Planning and Zoning Commission and La Porte Zoning Board of Adjustment.
a.Staff Presentation
b.Public Comments (Limited to 5 minutes per person)
c.Adjourn Hearing
6.COMMISSION DISCUSSION AND POSSIBLE ACTION: Recommendation to La Porte City Council on
proposed amendments to Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte, Texas,
regarding changes to notification requirements and procedures for public hearings held before the La
Porte Planning and Zoning Commission and La Porte Zoning Board of Adjustment.
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7. CHAPTER 106 (ZONING) AMENDMENTS: The Commission will hold a Public Hearing to receive input
on an ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte
regarding the removal of W. D St. from the High Frequency Truck Route.
a. Staff Presentation
b. Public Comments (Limited to 5 minutes per person)
c. Adjourn Hearing
8. COMMISSION DISCUSSION AND POSSIBLE ACTION: Chapter 106 Amendments regarding the
removal of W. D St. from the High Frequency Truck Route.
9. DISCUSSION ITEMS:
a. Council Action Update
b. Comprehensive Plan Update
c. Next Regular Meeting – MARCH 16, 2023
10. COMMISSION COMMENTS: Comments on matters appearing on the agenda or inquiry of staff
regarding specific information or existing policy.
11. ADJOURN
A quorum of City Council members may be present and participate in discussions during this meeting;
however, no action will be taken by the Council.
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 days prior to the meeting for appropriate arrangements.
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
members will be physically present at the location noted above on this agenda.
CERTIFICATION
I do hereby certify that a copy of the February 16, 2023, Planning and Zoning Commission agenda was
posted on the City Hall bulletin board, a place convenient and readily accessible to the public at all times,
and to the City's website at LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code.
Title:
DATE OF POSTING
TIME OF POSTING
TAKEN DOWN
City Planner
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Planning and Zoning Commission
February 16, 2023 – Meeting Minutes
Approval of Meeting Minutes
a. December 15, 2022
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Page 1 of 4
December 15, 2022 - P&Z Commission Meeting Minutes
MINUTES OF THE REGULAR MEETING OF THE
LA PORTE PLANNING AND ZONING COMMISSION
DECEMBER 15, 2022
The Planning and Zoning Commission of the City of La Porte met in a regular meeting on Thursday,
December 15, 2022, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas,
at 6:00 p.m., with the following in attendance:
Commissioners present: Chairman Hal Lawler; Commissioners Donna O’Conner; Joe Mock; Mark Follis;
Victor Peres; Nancy Ojeda; and Richard Warren.
Commissioners absent: Commissioners James Walter and Nolan Allen.
City Staff present: Ian Clowes, City Planner; Clayton Price, Planning Technician; Teresa Evans, Planning
and Development Director; Matt Daeumer, Assistant City Manager.
1.CALL TO ORDER – Chairman Lawler called the meeting to order at 6:03 PM.
2.ROLL CALL OF MEMBERS: – Commissioners Walter, Allen, and Warren were absent (Commissioner
Warren arrived at 6:07 PM).
3.CONSIDER APPROVAL OF THE MEETING MINUTES:
a.Approve the minutes of the meeting held on November 17, 2022.
Commissioner O’Conner moved to approve the meeting minutes; the motion was adopted, 5-0,
Commissioner Follis abstained, and Commissioner Warren was not present.
4.COMMERCIAL REPLAT #22-97000006: Consider approval of D & R La Porte Business Park, a
commercial replat consisting of 25.32-acres, located at 11100 State Highway 225 and legally described
as Tracts 8B and 8D, Enoch Brinson Survey, Harris County, Texas.
City Planner Ian Clowes presented the request and provided background information.
Commissioner Warren arrived at 6:07 PM.
Commissioner Ojeda moved to approve Commercial Replat #22-97000006 as presented; the motion
was adopted 6-0 and the item was approved. Commissioner Follis abstained.
5.RESIDENTIAL REPLAT #22-97000003: The Commission will hold a public hearing on Residential
Replat #22-97000003, pursuant to an application by Jeff 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 at 10280 N. H St. and legally described as Tract 483A, La Porte Outlots, Harris County,
Texas.
The hearing was opened at 6:11 PM. City Planner Ian Clowes presented the request and provided
background information.
HAL LAWLER
Chairman
DONNA O’CONNER
Commissioner At Large A
JOE MOCK
Commissioner At Large B
NOLAN ALLEN
Commissioner District 1
RICHARD WARREN
Commissioner District 2
Vice Chairman
JAMES WALTER
Commissioner District 3
MARK FOLLIS
Commissioner District 4
VICTOR PERES
Commissioner District 5
NANCY OJEDA
Commissioner District
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Page 2 of 4
December 15, 2022 - P&Z Commission Meeting Minutes
Todd Houston – 10280 N. H St., is the owner of the property and spoke regarding his plans for the
replat.
6.ADJOURN PUBLIC HEARING: 6:14 PM.
Commissioner O’Conner moved to approve Residential Replat #22-97000003 as presented: the
motion was adopted, 7-0 and the item was approved.
7.ZONE CHANGE REQUEST #22-92000013: The Commission will hold a public hearing on 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 Low Density Residential (R-1), for a 3.25-acre tract of
land located between W. Fairmont and I St., and along S. 2nd and S. 3rd streets, 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.
The hearing was opened at 6:17 PM. City Planner Ian Clowes presented the request and provided
background information.
Oscar Vargas – 8402 Gulf Wood Ln. Houston, TX, owns a vacant parcel within the rezone area and
spoke in favor of the proposed zone change.
Carlos Cavillo – 1016 S. 3rd St. lives within the proposed rezone area and spoke in favor of the
proposed zone change.
Joe McCune – 1001 S. 3rd St., lives within the proposed rezone area and spoke in favor of the
proposed zone change.
Robert Garcia – 1002 S. 2nd St., lives within the proposed rezone area. He stated that he would prefer
it to remain commercial but was okay either way.
8.ADJOURN PUBLIC HEARING: 6:33 PM.
The Commission discussed at length whether the properties located at 1011 S. 3rd St. and 1012 S.
2nd St. should be excluded from the rezone area.
Commissioner O’Conner moved to recommend approval of Zone Change Request #22-92000013
with the condition that the property at 1011 S. 3rd St. be excluded from the area to be rezoned. The
motion was seconded by Commissioner Ojeda. Commissioner Follis made a motion to amend the
original motion to also exclude 1012 S. 2nd St. from the area to be rezoned. The amended motion
was seconded by Commissioner Peres.
The Commission voted on the amendment to the motion. The motion to amend was adopted, 4-3
and the motion was amended. Commissioners Ojeda, O’Conner, and Mock were the dissenting
votes.
The Commission then voted on the original motion to recommend approval of Zone Change Request
#22-92000013 with the condition that 1011 S. 3rd St. be excluded along with the amendment to also
exclude 1012 S. 2nd St. from the area to be rezoned. The motion was adopted 7-0, and the item was
recommended for approval with the condition that 1011 S. 3rd St. and 1012 S. 2nd St. be excluded
from the area to be rezoned.
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Page 3 of 4
December 15, 2022 - P&Z Commission Meeting Minutes
9.CHAPTER 106 (ZONING) AMENDMENTS: The Commission will hold a Public Hearing to receive
input on an ordinance amending Chapter 106 “Zoning” and Chapter 86 “Development
Regulations” of the Code of Ordinances of the City of La Porte, Texas, regarding changes to
notification requirements and procedures for public hearings held before the La Porte Planning
and Zoning Commission, La Porte City Council and/or La Porte Zoning Board of Adjustment,
changes regarding RV Parks and Campground uses, & Self Storage and Mini-Warehouse uses.
The hearing was opened at 6:56 PM. City Planner Ian Clowes presented the amendments and
provided background information.
Ryan Mathis – 712 S. Lobit St., spoke regarding the changes for public hearing notifications. He is in
favor of extending the area distance requirements.
10.ADJOURN PUBLIC HEARING: 7:07 PM.
Commissioner Follis moved to recommend approval of the Chapter 106 Amendments as presented;
the motion was adopted, 7-0, and the item was recommended for approval.
11.SAC REQUEST: The Commission will hold a public hearing on right-of-way closure application
SAC #22-25000010, a portion of W. F Street between Lots 16 and 17, Block 827 and Lots 1 and
32, Block 830, Town of La Porte, Harris County, TX.
The hearing as opened at 7:15 PM. City Planner Ian Clowes presented the request and provided
background information.
Jeff Burkhalter – 521 S. Utah St., is the applicant for the proposed closure. He provided additional
details and stated that the shown water line does not exist in the proposed ROW closure area.
Alton Ogden – No address provided, provided additional information.
Commissioner Ojeda stated that the item should be tabled to allow for additional information to be
provided and to clarify the location of the water line.
12.ADJOURN PUBLIC HEARING: 7:40 PM.
Commissioner Peres moved to recommend approval of SAC Request #22-25000010 as presented;
the motion failed, 3-4, and the item was not recommended for approval.
Commissioner Follis moved to postpone SAC Request #22-25000010 with a request that Public
Works, Engineering, and City Management attend the January 19, 2023, meeting; the motion was
approved, 7-0, and the item was postponed until January 19, 2023.
13.DISCUSSION ITEMS:
c.Comprehensive Plan Update
Director Teresa Evans provided an update on recent activities for the Comprehensive Plan.
d. Next Regular Meeting – JANUARY 19, 2023
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Page 4 of 4
December 15, 2022 - P&Z Commission Meeting Minutes
ADJOURN: Commissioner O’ Conner made the motion to adjourn at 8:02 PM; the motion was adopted 7-0.
_______________________________
Hal Lawler, Planning and Zoning Commission Chairman
_______________________________
Ian Clowes, City Planner
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Planning and Zoning Commission
February 16, 2023 – Commercial Replat #22-97000007
Planning and Development Department Staff Report
Commercial Replat - #22-97000007
DISCUSSION
Applicant’s Request:
This is a request for approval of the Fairmont Park East Business Park replat, a commercial
replat of Reserves 4 and 5, of the Fairmont Park East Business Park plat, located at 10505 W.
Fairmont Pkwy.
Background Information:
The site is zoned General Commercial (GC). The area to be replated consists of 1.872-acres
and is platted as two (2) separate reserves. The proposed replat will enlarge Reserve 4 by
relocating the eastern lot line further east, encompassing a portion of the existing Reserve 5.
The table below indicates the surrounding zoning and land uses:
Zoning Land Use
North Single Family Residential (R-1) Fairmont Park East subdivision
South Extra Territorial Jurisdiction (ETJ) Bayport Industrial District
West General Commercial (GC) Doctors Office
East General Commercial (GC) Vacant
RECOMMENDATION
Staff recommends the Planning and Zoning Commission approve the commercial replat of
Fairmont Park East Business Park Reserves 4 and 5.
ATTACHMENTS
Exhibit A: Area Map
Exhibit B: Zoning Map
Exhibit C: FLUP Map
Exhibit D: Fairmont Park East Business Park Replat
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OLD HICKORY DRTREE HOL
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O
W
C
I
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ROCKY H
O
L
L
O
W
D
R
W FAIRMONT PKWY
W FAIRMONT PKWY
Houston-Galveston Area Council (H-GAC)
Area Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 123 feet
FEBRUARY 2023PLANNING DEPARTMENT
I
Legend
Subject Tracts
Replat#22-97000007
10505 W. Fairmont
EXHIBIT A
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OLD HICKORY DRTREE HO
L
L
O
W
C
I
R
ROCKY H
O
L
L
O
W
D
R
W FAIRMONT PKWY
W FAIRMONT PKWY
R-1
GC
R-1
Houston-Galveston Area Council (H-GAC)
Zoning Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 123 feet
FEBRUARY 2023PLANNING DEPARTMENT
I
Legend
Subject Tracts
Replat#22-97000007
10505 W. Fairmont
EXHIBIT B
10
PO
LDR
OUT
COM OLD HICKORY DRTREE HOL
L
O
W
C
I
R
ROCKY H
O
L
L
O
W
D
R
W FAIRMONT PKWY
W FAIRMONT PKWY
Houston-Galveston Area Council (H-GAC)
FLUP Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 123 feet
FEBRUARY 2023PLANNING DEPARTMENT
I
Legend
Subject Tracts
Replat#22-97000007
10505 W. Fairmont
EXHIBIT C
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Planning and Zoning Commission
February 16, 2023– Chapter 106 Amendments
Planning and Development Department Staff Report
Chapter 106 Amendments
DISCUSSION
The Planning and Zoning Commission has been tasked by the City Council to review the current
notification requirements for Public Hearings. Specifically, the City Council asked the Commission
to consider increasing the 200’ notification requirement.
At the November 17, 2022, regular meeting of the Planning 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 Commission agreed that the 200’ radius did not need to be
expanded, as it currently meets state requirements and is in line with other area municipalities.
There was additional discussion to add language that would require notification be provided to
any homeowners’ associations or civic clubs with property located within 200’ of the proposed
public hearing item. The Planning and Zoning Commission, at their December 15, 2022 meeting,
voted to recommend approval of the proposed amendments as shown below.
1.Public Hearing Notifications Sec. 106-171 – Amendment 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 depositing the same, properly addressed and
postage paid, in the city post office. At least 15 days’ notice of the time and place of
such hearing shall be published once in a newspaper of general circulation in the city.
At the January 23, 2023, regular meeting of the City Council, the above amendments were
approved with a motion that the Planning and Zoning Commission reconsider language that
would increase the current 200’ radius requirement for public hearing notifications.
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Planning and Zoning Commission
February 16, 2023– Chapter 106 Amendments
RECOMMENDATION
Staff recommends the Planning and Zoning Commission make a recommendation for the
proposed amendments to Chapter 106, regarding the 200’ notification requirement.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 “ZONING” AND CHAPTER 86
“DEVELOPMENT REGULATIONS” OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE BY REVISING DISTANCE REQUIREMENTS FOR GIVING 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: That Chapter 106, “Zoning,” Article II. “Administration”, Division 5
“Amendments”, Section 106-171 “Amendment Procedures”, of the Code of Ordinances of the City
of La Porte, Texas, is hereby amended and shall hereinafter read as follows:
“Sec. 106-171. –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 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 depositing the same, properly addressed and postage paid, in the city post
office. At least 15 days’ notice of the time and place of such hearing shall be
published once in a newspaper of general circulation in the city.
b.Requirements for public notice by sign posting:
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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 days of 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
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2. The area of lots or land immediately adjoining the area covered by the
proposed change and extending 200 feet from 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 an amendment 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 denial of such
amendment, may not be resubmitted by the applicant for filing with the city within six
(6) months of the date of filing of the first application.”
Section 2: That Chapter 106, “Zoning,” Article II. “Administration”, Division 6 “Special
Exceptions and Variances”, Section 106-194 “Notice of public hearings before the board of
adjustment”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended and
shall hereinafter read as follows:
“Sec. 106-194. - 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 200 feet of 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.
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(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.”
Section 3: That Chapter 106, “Zoning,” Article II. “Administration”, Division 9
“Nonconforming Buildings, Structures and Uses”, Section 106-266 “Extended useful life and
termination”, subparagraph (b) “Public hearing”, of 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 to section 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
allowed in section 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 200 feet, as determined pursuant to section
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 200 foot area.”
Section 4: That Chapter 106, “Zoning,” Article II. “Administration”, Division 9
“Nonconforming Buildings, Structures and Uses”, Section 106-266 “Extended useful life and
termination”, subparagraph (b) “Public hearing”, of 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:
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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 feet as determined pursuant to section
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
in section 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 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 THOUSAND DOLLARS ($2,000.00).
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
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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.
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
20
Planning and Zoning Commission
February 16, 2023 – Chapter 106 Amendment (HFTR)
Planning and Development Department Staff Report
Chapter 106 Amendment - HFTR
DISCUSSION
Background Information:
The Commission had previously been requested to review the current High Frequency Truck Route
(HFTR) language within Chapter 106 of the City Ordinances and to possibly extend the route to one
additional road segment along W. D St. The Commission considered this request at the February 17,
2022, regular meeting and the Commission recommended approval. The City Council expressed
concerns regarding the extension of the HFTR along West D St. and another section along West M St.
due to the existing road conditions and traffic patterns on S. 16th. Council ultimately denied the entire
amendment.
At the November 17, 2022, regular meeting of the Planning and Zoning Commission, the Commission
once again recommended approval of the proposed language and extension of the HFTR along W. D St.
The proposed amendments were heard by the City Council at the January 9, 2023, meeting and were
subsequently approved. The item was then brought back to the City Council as a statutory agenda item
on January 23, 2023, after three (3) Councilmembers expressed concern over allowing for the HFTR to
be extended along W. D St. At that meeting, the Council voted 5-4 to remand the item back to the Planning
and Zoning Commission for them to reconsider the extension of the HFTR along W. D St.
Notification Requirements:
Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed
in accordance with code provisions, including notice in a newspaper of general circulation at least 15
days prior to the hearing. In accordance with state law, notice of the public hearing was also posted at
City Hall and on the City’s website.
RECOMMENDATION
Staff recommends the Planning and Zoning Commission conduct a public hearing for the proposed
Chapter 106 Amendments regarding the removal of the HFTR designation for a portion of W. D St.
ATTACHMENTS
Exhibit A: Proposed Amendment
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS
RELATED TO DESIGNATION OF HIGH FREQUENCY TRUCK ROADS; 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; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; 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 V. “Supplementary District Regulations”,
Division 2 “Accessory Buildings, Uses and Equipment” of the Code of Ordinances of the City of
La Porte, Texas, is hereby amended by revising Section 106-746 “Location of heavy truck uses”,
and which section shall hereinafter read as follows:
“106-746. - Location of heavy truck uses.
(1) For purposes of this chapter, those streets and thoroughfares within the corporate limits of the
city which are enumerated below are hereby designated as high frequency truck roads.
(2) Heavy truck uses generated from or within properties which are assigned NAICS use codes
484110, 484121, 484220, 484230 and 493 shall only be located directly adjacent to the right-
of-way of designated high frequency truck roads, provided those uses comply with the
underlying zoning classification applicable to the property.
(3) Overnight parking of heavy trucks shall only be permitted on properties within the GC,
MU, MSD and NC zoning districts adjacent to high frequency truck roads or in any BI, LI or
HI zoning district.
ROUTE EXTENT
State Highway 225 (including frontage roads) Entire extent within corporate limits
New State Highway 146 (including frontage
roads)
Entire extent within corporate limits
Barbours Cut Boulevard New State Highway 146 east to corporate
limits
16th Street Barbour's Cut Boulevard south to Fairmont
Parkway
Fairmont Parkway New State Highway 146 to west corporate
limits
West Main Street New State Highway 146 to 16th Street, and
from Underwood Road to west corporate limits
Underwood Road Entire extent within corporate limits
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Powell Road (S. 16th Street) Fairmont Parkway south to 1700 block of
Powell Road
Export Drive From South 16th Street to State Highway 146
South 16th Street From south of Export Drive to Wharton
Weems Blvd. and McCabe Road connecting
with State Highway 146.
North Broadway From north of Barbours Cut Blvd. to North "L"
Street.
North "L" Street From west of North Broadway to North
6th Street
North "J" Street From North 6th Street to west connecting with
State Highway 146.
North 8th Street Barbours Cut Boulevard to a point 300 feet
north of the north right-of-way line of Barbours
Cut Boulevard
West “D” Street From South 16th Street, west to dead end at
1903 West D St.
Section 4. 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 THOUSAND DOLLARS ($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
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 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.
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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
24
Planning and Zoning Commission
February 16, 2023 – Discussion Item
Discussion Item
a.Council Action Update
b.Comprehensive Plan Update
c.Next Regular Meeting – MARCH 16, 2023
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COUNCIL ACTION
Application #Request Location P&Z Meeting P&Z Action CC Meeting CC Action
ZC 22-92000012 Patio Home 8700 Block of Fairmont 11.17.2022 APPROVED 01.09.2023 DENIED
SCUP 22-91000007 Patio Home 8700 Block of Fairmont 11.17.2022 APPROVED 01.09.2023 N/A
Chapter 106 Amend HFTR Changes N/A 11.17.2022 APPROVED 01.09.2023 APPROVED
Chapter 106 Amend Public Notice N/A 12.15.2022 APPROVED 01.23.2023 APPROVED
Chapter 106 Amend Group B N/A 12.15.2022 APPROVED 01.23.2023 APPROVED
ZC 22-92000013 GC to R-1 2nd. and 3rd 12.15.2022 APPROVED 01.23.2023 APPROVED
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