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Home My WebLink About1988-04-11 Regular Meeting - . MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL APRIL 11, 1988 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, John Lloyd, Ed Matuszak, Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Administrative Assistant to the City Manager Janie Luna, Director of Public Works Steve Gillett, Director of Parks and Recreation Stan Sherwood, Police Chief Charles Smith, Finance Director Jeff Litchfield, Director of Community Development Joel Albrecht, Chief Building Official/Zoning Officer Ervin Griffith, Assistant Director of Public Works Buddy Jacobs, Fire Chief Joe Sease Others Present: Martha Eldridge, Human Resources Assistant; Walter Barnes and Mark Fitzgerald, Public Works Department; Cynthia Alexander, Finance Supervisor; Gina Richards, Jeanna Masterson, Lorie Tagert, Finance Department; Jerry Dubrof; 28 citizens 2. The invocation was given by City Attorney Knox Askins. 3. Council considered approving the minutes of the public hearing and regular meeting of Council held March 28, 1988. Motion was made bv Councilperson Skelton to approve the minutes of March 28 as presented. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None e e Minutes, Regular Meeting, La Porte City Council April 11, 1988, Page 2 4. The Mayor announced the Employee of the Quarter to be Lorie Tagert of the Finance Department. Ms. Tagert is employee of the quarter for December, January and February, 1987-88. Finance Director Jeff Litchfield and Finance Supervisor Cynthia Alexander presented a plaque to Ms. Tagert. 5. Mr. Jerry Dubrof, Independent Tank Cleaning Services, Inc., presented to the City, the key to a 1988 15-passenger van, to show his appreciation to the City for its efforts in implementing a clean up of a tank rupture and spill at his business. In return, Mr. Dubrof was presented a plaque of appreciation for his gift to the City. Mr. Bob Jordan, Jordan Industries, addressed Council regarding the relocation of his business and his efforts to pursue a satisfactory location. Mr. David Williams, Jordan Industries, addressed Council regarding the way the City is handling the proposed relocation of Jordan Industries, and their willingness to work with the City. 6. Council considered an ordinance establishing an Airport Advisory Board. Motion was made bv Councilperson Matuszak to take this item to executive session. There was no objection. 7. Council considered a resolution supporting local businesses whenever feasible, appropriate and lawful. The Mayor called David Brady, President of La Porte Bayshore Chamber of Commerce, and John Paul Zemanek, Executive Director to come forward. The Mayor then read Resolution 88-6, A Resolution of the City Council of the City of La Porte, Texas, Supporting Local Businesses Whenever Feasible, Appropriate and Lawful. Motion was made by Councilperson Porter to approve Resolution 88-6. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. e e Minutes, Regular Meeting, La Porte City Council April 11, 1988, Page 3 Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 8. Council considered authorizing the Mayor to execute Amendment #1 to AlP Project #3-48-0127-04 (Phase III Airport Improvements). Motion was made by Councilperson Waters to approve authorizing the Mayor to execute Amendment #1 to AlP Project #3-48-0127-04. Second by Councilperson Lloyd. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 9. Council was to consider awarding a contract for construction of EMS building. This item was removed in order to receive more information and will be acted upon at the April 25 meeting. 10. Council was to consider approving construction administration services for EMS building. This item was removed in order to receive more information and will be acted upon at the April 25 meeting. 11. Council considered awarding a bid for industrial wheel loader with back hoe. Motion was made bv Councilperson Lloyd to award the bid for an industrial wheel loader with back hoe to the low bidder meeting specifications, Preco MachinerJL-Sales, in the amount of $27,816.85. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered approving a mailing address for Sylvan Beach Convention Center. Motion was made by Councilperson Waters to approve "One Svlvan Place" as the mailing address for Sylvan Beach e e Minutes, Regular Meeting, La Porte City Council April 11, 1988, Page 4 Convention Center. Second by Councilperson Shipp. The motion was defeated, 2 ayes and 7 nays. Ayes: Nays: Councilpersons Waters and Shipp Councilpersons Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Mot ion wa s made bv Counc i~r:.sQ1LJ:.QI.1..er _.k.<L-9l1prove "One Sylvan Beach" as the mailing address for Svlvan Beach Convention Center. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 13. Council considered awarding bids for construction of golf course club house facility and related site work. Motion was made by Councilperson Skelton to accept staff's recommendation and award the bid for the club house, at $195,500, and alternate 2, the fire sprinkler svstem at a cost of $6000, to Builders Construction for a total award of $201,500, to approve staff negotiating allowable construction davs from 120 to 100, the contractor honoring his prices for all alternates, an1-Degotiating an upper limit on the early comoletion bonus. Second by Councilperson Porter. Motion was made bv Councilperson Matuszak to amend the motion to include the deck but bid it separateLY. Second by Councilperson Lloyd. After discussion, it was determined that a better bid could be obtained if the bid is awarded as specified, then go out for bid later for the deck, as at this point we own the specifications for the club house, and it would be no problem to retrofit the deck at a later date. Councilperson Matuszak withdrew his motion to amend and Councilperson Llovd withdrew his second. The original motion was voted, and carried, 9 ayes and 0 nays. e e Minutes, Regular Meeting, La Porte City Council April 11, 1988, Page 5 Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered the recommendation of Planning and Zoning Commission to adopt Ordinance No. 1501-C. Motion was made by .G.illill.cilperson Matuszak to adopt Ordinance 1501-C. Second by Councilperson Porter. Mo~n was made by-Councilperson Skelton to amend Ordinance 1501-C, Section 11-507(8), page 102, to leave the vote to overturn denial of the Planning and Zoning Commission at a simple majority vote. Second by Councilperson Clarke. The amendment was voted, and failed, 2 ayes and 7 nays. Ayes: Nays: Councilpersons Skelton and Clarke Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay and Mayor Malone The City Attorney read: ORDINANCE 1501-C - AN ORDINANCE AMENDING ARTICLE III, OF ORDINANCE NO. 1501, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING OR MODIFYING THE DEFINITIONS OF ALLEY, BUSINESS FRONTAGE, DEVELOPED SITE AREA, FREESTANDING SIGN OR GROUND SIGN, GLARE, GRAND OPENING, IDENTIFICATION SIGN, LANDSCAPED, LIGHT TRUCK, LOT COVERAGE, NEW BUSINESS, OFFICE TRAILER, OFF-PREMISE SIGN, ON-PREMISE SIGN, ROOF LINE, SETBACK (SIGN MEASUREMENT) SHIPPING CONTAINERS, SHOPPING CENTER OR INTEGRATED DEVELOPMENT, SITE TRIANGLE, SINGLE FAMILY RESIDENTIAL-LARGE LOT, SIGN, STANDARD INDUSTRIAL CLASSIFICATION CODE (S.I.C.), YARD (FRONT); FURTHER AMENDING ARTICLE IV, SECTIONS 4-100, 4-200, 4-201.7, AND 4-202.4; FURTHER AMENDING ARTICLE V, SECTION 5-600, SECTION 4-700, SECTION 5-701, AND SECTION 5-800; FURTHER AMENDING ARTICLE VI, SECTION 6-400, SECTION 6-500, SECTION 6-501, AND SECTION 6-600; FURTHER AMENDING ARTICLE VII, SECTION 7-500, SECTION 7-600, AND SECTION 7-601; FURTHER AMENDING ARTICLE X, SECTION 10-104(3), SECTION 10-300, SECTION 10-304, SECTION 10-508, SECTION 10-605, SECTION 10-609, SECTION 10-705; ADDING ARTICLE X, SECTION 10-900, AND SECTION 10-1000; AND FURTHER AMENDING ARTICLE XI, SECTION 11-400, AND SECTION 11-507(8); PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND e e Minutes, Regular Meeting, La Porte City Council April 11, 1988, Page 6 SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. The original motion was voted, and carried, 6 ayes and 3 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp and Mayor Malone Nays: Councilpersons Gay, Skelton and Clarke 15. Council considered the recommendation of Planning and Zoning Commission to adopt Ordinance No. 1501-D(A) and 1501-D(B). The City Attorney read: ORDINANCE 1501-D(A) - AN ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The City Attorney read: ORDINANCE 1501-D(B) - AN ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was Ordinances Attornev. carried, 9 made bv Councilperson Skelton to adoQt 1501-D(A) and 1501~B) as read bv the City Second by Councilperson Clarke. The motion ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. Workshop Items: A. Director of Public Works Steve Gillett reviewed the proposed Industrial Waste Ordinance for Council. He cited e e Minutes, Regular Meeting, La Porte City Council April 11, 1988, Page 7 some new State and Federal laws that every city in the United States will be mandated to follow. The update to the Industrial Waste Ordinance reflects these changes. The ordinance will be brought before the public for input in the near future and a workshop for Council input will be held. B. Director of Parks and Recreation Stan Sherwood reviewed the status of the expansion of the Jennie Riley Community Center. Some re-design has been done to try to maximize the square footage of the building. A meeting is scheduled for the committee to meet with Cinda Calderone on April 12 to review the plans with her. 17. Administrative Reports The City Manager asked Council to consider the path they want to take regarding economic development in La Porte. It was decided that a workshop would be held at 6:00 P.M. on April 18 for Council to discuss this item. 18. Council Action Councilpersons Matuszak, Porter, Skelton and Clarke brought items to Council's attention. The Mayor called a short recess at 7:45 P.M. and the Council returned to the Council table at 8:03 P.M. The Mayor read the posting of an emergency meeting of Council to be held April 11 at 8:00 P.M. to discuss with the City Attorney a possible law suit by Houston Chemical Services, Inc. 19. Staff adjourned into executive session at 8:05 P.M. to address the following: A. Legal - Discuss with City Attorney the purchase of office building B. Legal - Discuss with City Attorney possible legal action against Jordan Industries, Inc. e e Minutes, Regular Meeting, La Porte City Council April 11, 1988, Page 8 C. Personnel - Discuss appointments to Airport Advisory Board D. Personnel - Six month review of performance of City Manager E. Executive Session for Special Meeting - Legal - Discuss with City Attorney possible law suit by Houston Chemical Services, Inc. Council reconvened at 10:22 P.M. Councilperson Gay had left the meeting at 8:55 P.M. to fulfill his work schedule. 20. There being no further business to come before the Council, the meeting was duly adjourned at 10:24 P.M. Respectfully submitted: ~~ Cherie Black, City Secretary Passed & Approved this the 25th day of April, 1988 ;{/l7?l4~~ Norman Malone, Mayor e e EMPLOYEE OF THE QUARTER DECEMBER, JANUARY AND FEBRUARY, 1987-88 Lorie Tagert has been employed with the City since May 4, 1987. During that time, her performance has been consistently above average. She has the ability to work with little supervision, is dependable, flexible and productive. Lorie has a pleasant attitude and a willingness to "stick to it", no matter how mundane or repetitive the assignment might be. She performs her work well and cheerfully, and displays a real "teamwork" concept. She has the ability to treat people in a manner that shows sensitivity and caring, which gives that extra personal touch. Lorie's willingness to go the extra mile in performance of her duties, plus her other attributes, certainly make her an excellent candidate for the Employee of the Quarter award. It is with great pleasure that I name Lorie Tagert as Employee of the Quarter for December, January, and February, 1987-88. e e RECUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: ~JI t18rcn 28, 1 g88 Requested By: Norman Malone Department: Mayor Report x Resolution Ordinance Exhibits: Resolution 88-6 SUMMARY & RECOMMENDATION Representatives of the La Porte Bayshore Chamber of Commerce have requested that the attached resolution supporting purchasing from local businesses whenever feasible, appropriate and lawful, be considered by the City Council. In our quest for economic development in the City, I feel passage of the resolution would be a step in the right direction. Action Required by Council: Approve Resolution 88-6 Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: YES NO Approved for Citv Council Agenda '3"~S-~V\ ~ Robert T. Herrera DATE City Manager e ~ e RESOLUTION NO. 88-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SUPPORTING LOCAL BUSINESSES WHENEVER FEASIBLE, APPROPRIATE AND LAWFUL WHEREAS, the City Council of the City of La Porte recognizes that local economic development enhances the quality of life of its citizens; and WHEREAS, the City Council of the City of La Porte recognizes that purchasing the City's supplies and services from local businesses whenever feasible, appropriate and lawful enhances local economic development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS Section 1. That the City Council of the City of La Porte, Texas, hereby offers its support for the economic development j. of La Porte by purchasing its supplies and services from local businesses whenever feasible, appropriate and lawful. Section 2. The City Council hereby offers its support of local economic development by making itself and City staff personnel available to aid and cooperate with any and all efforts it feels will enhance local economic development, including the encouragement of local businesses to enter the bidding and proposal process with the City to the extent feasible, appropriate and lawful. Section ~. This Resolution shall be in effect from and after its date of passage. PASSED AND APPROVED this the 28th day of March, 1988. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary e e REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Steve Public Works Agenda Date Requested: April 1988 xx Report Resolution Ordinance Exhibits: Amendment NO.1 t AlP Project NO. 3-48-0127-04 SUMMARY & RECOMMENDATION The Federal Aviation Administration has offered to amend the above referenced grant agreement, accepted by the City of La Porte on May 12, 1986, to increase Federal participation in this project from ($400,000) four hundred thousand dollars to ($440,000) four hundred forty thousand dollars to provide for allowable construction cost overrun. This overrun was recognized at the time of the original grant offer, but Federal funds were not available at that time. The project has been completed, and the additional thousand dollars will reimburse funds already paid The City's matching share will be ($5,186.85) five hundred eighty six dollars and eighty five cents. funds are necessary. ($40,000) forty by the City. thousand one No additional Action Required by Council: Authorize Mayor to execute Amendment NO.1 to Grant Agreement for Project NO. 3-48-0127-04. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: N/A Funds Available: YES NO A Council A enda DATE JlBUEST FOR CITY COUNCIL AGEIIl ITEM Agenda Date Requested: April 11, 1 g88 Requested By: W. Ross Cox Department: CIP X Report Resolution Ordinance Exhibits: Bid tabulation and architects recommendation for contractor - EMS Building Summary of Revenue Sources SUMMARY & RECOMMENDATION The Emergency Medical Services (EMS) Building design was completed and issued for construction bids on March 14, 1988. Bids were recei ved and opened on April 4, 1988 and the low bidder is JOHN WATSON CONSTRUCTION, INC. with a base bid of $295,548., including alternates. Costs are distributed as follows o EMS Building (Acct. No. 015-500-517-500) $226,399 o Fire Training Facility Site (011-500-500-500) $ 6g,14g TOTAL $295,548 Action Required by Council: Approval of award to John Watson Construction, Inc. in the amount of $295,548. Funding sources per attached summary. Availability of Funds: General Fund Water/Wastewater X Capital Improvement General Revenue Sharing X Other (1985 G.O. Bond Fund, EMS Operating Budget) Account Number: See Above Funds Available: X- YES NO DArlG& e e CITY OF LA PORTE EllS BUILDING BID TABULATION APRIL 4, 1988 DOLLARS ------------------------------------------------------------------------------------------------------------------- BIDDER ITEII 1 ITEII 2 SUBTOTAL All A-I All A-2 GRAND SITE & UTIL BUILDING BASE BID GENERATOR SEEDING TOTAL ------------------------------------------------------------------------------------------------------------------- BLACK . VEATCH ESTIIIATE 90,960 209,000 299,960 13,500 600 ------------------------------------------------------------------------------------------------------------------- JOHN WATSON CoNsiRUCTIoN, INC. 67,805 217 ,664 285,469 8,735 1,344 295,548 G.C.I. 87,787 200,213 288,000 8,419 2,200 298,619 BUILDERS CONSTRUCTION 69,400 225,840 295,240 19,000 2,000 316,240 SPRING ALLIED BUILDERS, INC. 101,800 213,200 315,000 9,800 2,100 326,980 HOLLEY BROTHERS ENTERPRISES 75,000 241,924 316,924 8,931 1,845 327,700 A-I CONSTRUCTORS, INC. 90,205 234,700 324,905 7,800 1,870 334,575 "OORE & "oORE GENERAL CONTRACT 94,000 240,900 334,900 8,119 1,400 344,419 IIURSON CONSTRUCTORS, INC. 00,000 265,000 345,000 9,931 2,845 357,776 N.N. SIIITH CONSTRUCTION, INC. 105,000 243,600 348,600 9,400 800 358,800 ROGERS CONSTRUCTORS, INC. 106,000 247,600 353,600 9,000 1,800 364,400 HARRIS-HUGHES, INC. 121,000 233,852 354,852 9,109 2,468 366,429 C.Y. CONSTRUCTION CD., INC. 130,000 219,815 349,815 10,000 13,500 373,315 NILLIAIIS INDUSTRIES CONTRACT 100,000 265,000 365,000 8,600 2,800 376,400 JAIIAIL, INC. 141,513 235,212 376,725 8,525 1,806 387,056 AVERAGES 97,822 234,609 332,431 9,669 2,776 344,876 04/05/88 ,-5:14 B&V DALLAS 240 002 e BL.ACK & VEATCH ENGINEERS-ARCHIT~CT5 T~L. 1.2141 770-I~OO !l7:>1;I L8J I'"~E.~WAY. $UIT~ 300 DA~LA5.TEXAS75240 MAILING ACDRESS- ,. C) BOll eO;;tOQ4 OALLAS. TEXAS 75380 La Porte, Texas EMS Facility DiV 'roject 13819_1~O BiV 'ile B April 5. 1988 Dr. Ross Cox c/o City of La Port. Post Office Box 1115 La Porte. Texas 77571 Dear Dr. Cox~ Enclosed is the Bid Tabulation fur the La Porte, Te~8, Emergency Mea1cal Service Facility. John Watton Construction, In~,. ia the apparent low bidder. using the Base Bid and any combination of Addit1ve Alternativ" No, 1 and No.2. We have reviewed the Bidder's .Contra~tor's qua11fication Statement- and have contacted hi. primary banker and representallve. fur the three most recent project.. All responses have been very pos!~lve. His Current Assets are not particularly strong but. on a bonde~ pruject, and w1th a good bank reference. this i8 not extremely ~portant. We recommend that the City award the contract to John Wat.on Construction, Inc. We are available at your convenience to discuss this recommend.tion, Very truly yours. bk Enclosure AlA e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM FROM: Robert T. Herrera, City Manager ,/-' Jeff Litchfield, Director of Finance I TO: DATE: April 7, 1988 SUBJECT: Revenue Sources for EMS Building I recommend the revenue sources identified in the attached schedule be used to pay for the cost of the EMS Building. xc: Ross Cox, CIP Project Director Joe Sease, Fire Chief F"~ ' e e EMS BUILDING PROJECTED REVENUE AND EXPENDITURE SUMMARY APRIL 7, 1988 The EMS Building is estimated to cost $243,150, broken down as follows: Total Expenditures $ 217,664 6,048 10,703 8,735 $ 243,150 EMS Building Construction Administration Miscellaneous Professional Services Contingency/Generator The sources of revenue are: Total $ 70,000 100,000 16,250 9,757 30,000 10,000 7,143 $ 243,150 EMS Operating Budget Capital Improvement Fund (Budgeted for EMS) Interest Earned on above Miscellaneous Revenue Amount Remaining from Fire Station II Capital Improvement Fund (Budgeted for Generator) Use of Capital Improvement Fund Balance Note: The Generator will be the last item purchased. It will only be purchased if the contingency amount is not needed. ",If:.- BIIb~ST FOR CITY COUNCIL AGE~ ITEM Agenda Date Requested: April 11, 1988 Requested By: W. Ross Cox Department: CIP X Report Resolution Ordinance Exhibits: Proposal by Stiver Engineering for Construction Administration of EMS Building SUMMARY & RECOMMENDATION Staff has received a proposal from Stiver Engineering construction administration for the EMS Building. submittals are expected to be reviewed by Black & Veatch for conformance to the design. The proposal is based on rate fee with reimbursable expenses the total of which exceed $7,895 without approval. to perform Critical in Dallas an hourly shall not (Account No. 015-500-517-508 (Account No. 011-500-500-508 $6,048) $1,847) Action Required by Council: Approval of proposal in the amount of $7,895. Availability of Funds: x X General Fund Capital Improvement Other (1985 G.O. Bond Fund) Water/Wastewater General Revenue Sharing Account Number: See Above Funds Available: 1- YES NO t T. Herrera Manager ~i!!8 DA E' e e REQUEST FOR CITY COUNCIL AGENDA ITEM xx Steve Publir. W()rk~ Requested By: Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION Advertised, sealed bids #0251 for an Industrial Loader with Backhoe were opened and read on March 28, 1988. Bid requests were mailed to seven area dealers with four returning bids. Low bid meeting specifications was received from Preco Machinery Sales in the amount of $27,816.85. This is a replacement purchase. Staff recommends award of bid to Preco Machinery Sales for a JCB Industrial Loader with Backhoe in the amount of $27,816.85. $35,000.00 was budgeted in the Motor Pool Replacement Fund in the Fiscal Year 1987-88 Operating Budget for this purchase. Action Required by Council: Award bid to low bidder meeting specifications, Preco Machinery Sales, in the amount of $27,816.85. Availability of Funds: General Fund Capital Improvement Other (Motor Pool Replacement Water/Wastewater General Revenue Sharing Fund) xx Account Number: 009-806-R06-RSl Funds Available: xx YES NO A Council A enda DtCfs . e e ". INTER-OFFICE MEMORANDUM CITY OF LA PORTE TO: Steve Gillett, Director of Public Works FROM: Louis Rigby, Purchasing Manager J~~ DATE: March 29, 1988 SUBJECT: Sealed Bid #0251-Industrial Wheel Loader with Backhoe Advertised, sealed bids #0251 for an industrial loader with backhoe were opened and read on March 28, 1988. Bid requests were mailed to seven area dealers with the following four returning bids: (1) Mustang Tractor and Equipment, (2) Preco Machinery Sales, (3) Case Power and Equipment, and (4) Lansdowne Moody. Low bid was submitted by Preco for $27,816.85. Second; low bid was submitted by Case Power and Equipment for $28,794.00. Attached you will~find copies of their bids for your review. Both of these bidders have offered to bring their unit for review. Please submit your recommendation along with an agenda request form by the prescribed time before the next regular Council meetihg. If there is a need to delay bringing this bid to Council, please notify me. Attachment: Bid tabulation Bid from Pre co Bid from Case xc: Buddy Jacobs w/attachments Curtis Herrod w/attachments e e . . , H Sealed Bid 110251 Mustang Preco Case Industrial Wheel Loader with Backhoe Tractor & Machinery Power & Lansdowne Equipment Sales Equipment Moody ~aterpillar l. Type Unit 416 JCB 1400B Case 580K Ford 555B 2. Price 39,304.00 27,816.85 28,794.00 30,286.39 3. Delivery in Days 45 15-30 30 10-15 . REQUEST ~ CITY COUNCIL AGENDA ITE~ Requested By: Robert T. Herrera Department: Administration r Agenda Date Requested: April 11, 1988 xx Report Resolution Ordinance Exhibits: Memorandum to Bob Herrera regarding Street Name for Convention Center Site SUMMARY & RECOMMENDATION On February 8, 1988 at the City Council Meeting during Executive Session, Council was requested to consider approving a mailing address for the Sylvan Beach Convention Center. Council requested staff to determine a name for them to consider. At the Executive Staff Meeting on April 7, 1988, Staff voted to reconnnend "One Sylvan Place" as the mailing address. , Action Required by Council: Approve Staff's reconnnendation for the mailing address of the Sylvan Beach Convention Center to be "One Sylvan Place." Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO a DArt~~ rt T. Herrera 'ty Manager MEMORANDUM ~ - fOl'o ~J.. ~ s~. ",' Po.c) -- \'.q~*:~ ( ""'-- ~or~. 1 't.-{ '1.'!>>' ~, (t'\l.\ -. . December 10, 1987 TO: FROM: Bob Herrera, City Manager Cherie Black, City Secretary SUBJECT: Street Name for Convention Center Site The following names were submitted for naming the street at Sylvan Beach Convention Center. Jeff Litchfield: One Sylvan Place 100 Convention Center Drive One Sherwood Plaza John Joerns: Sylvan Way #5 Sylvan Place #5 Sylvan Grove #5 (Number used to be determined by number of former buildings that have existed in the Sylvan Beach area since day one.) Cherie Black: 100 Sylvan Circle #1 Convention Center Circle Sylvan Beach Circle (or Drive) Unsigned: No. 1 Sylvan Beach Street No. 1 Surf Circle 1 Blue Water Circle Bay Front Circle Janie Luna: One Sylvan Beach Circle One Sylvan Beach One Bayshore Boulevard Ross Cox: Beach Club Drive Sylvan Club Circle Bay View Club Drive Convention Center Circle Club Circle Sylvan Beach Circle -- . Bob Herrera Street Name for Convention Center Site December 10, 1987 Page 2 Charles Smith: Sylvan Beach Road (or Drive) Sylvan Center Pavilion Drive Sylvan Park Road Stan Sherwood: Sylvan Bay Drive Sylvan Bay Circle Sylvan Beach Drive ~ Cherie Black liiUEST FOR CITY COUNCIL AGE~ ITEM Agenda Date Requested: April 11, 1988 Requested By: Joel H. Albrecht Department:Community Development xx Report Resolution Ordinance Exhibits: Letter from Rey DeLa Reza Bid Tabulation Price comparison table SUMMARY & RECOMMENDATION On March 1, 1988 we opened 13 sealed bids for the construction of the La Porte's Bay Forest Clubhouse. The bid was for the construc- tion of the clubhouse facility and the site work connecting the clubhouse to the parking lot and the golf cart staging area. The bid request also included 4 alternatives which are: 1. Addition of an observation deck 2. Addition of a fire sprinkler system 3. Plywood soffet in lieu of exterior plastered soffet 4. Burglar alarm system The method of award was a lump sum bid to include both the sitework and the clubhouse. The apparent low bidder, Builders Construction, bid $255,930 for the base bid. Alt. No.1 - $10,636. Alt. No.2 - $ 6,000. Alt. No.3 - $ 1,570. Alt. No.4 - $ 4,000. The other base bids ranged upwards to a high of $355,900. as shown on the attached tabulation sheet. The FY 87-88 budget has $175,000 budgeted for the club house which is substantially lower than the lowest bid. Staff and our consultant met with the low bidder to discuss the bid and to see if we could reduce any of the bid figures. We also have discussed the possibility of omitting the sitework at this time and rebid it later. CONTINUED PAGE 2 Action Required by Council: Staff recommends acceptance of the low bid of Builders Construction subject to negotiation to build only the clubhouse at a price not to exceed $195,500. and include Alternate bid 2, the fire sprinkler system at $6000 for a total award of $201,500.00. Staff also recommends the successful negotiation of: allowable construction days from 120 to 100, contractor honoring his prices for all alternates, the negotiation of an upper limit on the early completion bonus. If these conditions are not met, staff requests that all bids be considered rejected and the project re-bid. Availability of Funds: XX General Fund XX Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number:00~-800-800-801 Funds Available: YES NO 'if/fiB. DA E I e e AGENDA REQUEST Bay Forest Clubhouse April 11, 1988 Page 2 Builders Construction has confirmed to staff that they would build the clubhouse for $195,500. Staff feels the price quoted for the clubhouse is a very good price and when compared at cost per square foot against some recent bids the City has received it is the lowest. The fire sprinkler should be considered at this time because of price and the fact that it could not be added reasonably at a later date. The alternate bids for the observation deck and the burglar alarm system can be added at a later date. Staff feels there is potential to realize enough cost savings in other areas to accommodate the addition of the deck during the term of the contract. The contract also features a bonus for early completion of the clubhouse. The bonus is $250.00 per calendar day of early completion. Likewise there is a provision for liquidated damages of $250.00 per calendar day. On Thursday, April 7, 1988, the Golf Course Advisory Board reviewed staffs recommendation on the clubhouse bid. After considerable discussion the majority felt that Alt. No. 1 (the deck) should be included in the initial award of the clubhouse with Alt. #2 or reject all bids. e e LA PORTE'S BAY FOREST GOLF CLUBHOUSE BIDDER BUILDERS CONSTRUCTION ALLGOOD CONSTRUCTION MURSON CONSTRUCTORS G.C.I. MOORE & MOORE CONST. PHIL KNIGHT CONST. JOHNSON GENERAL CONT. HOLLEY BRO. ENTERPRISES w.w. SMITH CONSTRUCTION CENTRAL BUILDING INC. SCHNEIDER CONSTRUCTION RODGERS CONSTRUCTORS GRAHAM CONSTRUCTION BASE BID $255,930 $299,445 $314,459 $318,000 $322,680 $335,300 $339,000 $343,948 $346,500 $3~0,000 $355,000 $3~5,900 $261,950 AL T. 1 DECK $10,636 $13,300 $8,900 $9,500 $11,840 $10,000 $4,000 $9,607 $10,575 $11,000 $13,000 $9,500 $2,486 ALT. 2 SPNKLR $6,000 $16,500 $17,150 $15,0~0 $168,630 $7,200 $18,600 $17,628 NO BID $18,000 $17,655 $15,900 $15,500 ALT. 3 ALT.4 SOFFIT BUR. ALM. $1,570 ($6,300) ($9,000) ($6,141) ($6,308) ($~,OOO) ($1,200) ($5,721) ($~,500) ($2,000) ($5,500) ($5,200) ($2,241) $4,000 $2,200 $1,900 $1,650 $1,815 $2,000 $3,000 $2,000 $2,000 $4,000 $2,000 $1,800 $1,650 PROJECT CLUBHOUSE POOL HOUSE EMS BUILDING e e RECENT BID PRICES CONSTR SG. FT. COSTS UN DR ROOF COST PER SQ. FT. * SQ FT * ADJ. AIR COND COST/Sa FT $195,500 $40.73 3200 $48.88 4800 $172,000 $217,664 2340 4240 1000 2112 $102.79 $68.53 $73.50 $51.34 * NOTE: COSTS/SQUARE FOOT FIGURES ARE ARRIVED BY ADDING THE AIR CONDITIONED SPACE AND 1/2 OF THE NON-AIR CONDITIONED SPACE TOGETHER AND THEN DIVIVING THIS SUM BY THE TOTAL COST OF THE BUILDING. e e ArcevED ~-l{)-!t~ COMM. DEV. U] REY DE LA REZA AlA. ARCHITECTS 1245 West 18th Street, Suite B Houston, Texas 77008 713/868-3121 10 March 1988 Mr. Joel H. Albrecht Director of Community Development CITY OF LA PORTE P.O. Box 1115 La Porte, Texas 77571 RE: Bay Forest Golf Clubhouse - Job. No. 1043 Dear Joel, As per your request, we have interviewed three of the low bidders for the Bay Forest Golf Clubhouse Project, and reviewed their Qualification statements. The three bidders we met with are: Builders Construction (Jim Lindsey, Owner/President), the low bidder; Allgood Construction Company (Sterling "Sam" Moore, President), the second low bidder; and G.C.I. (Donna Nevelow, Project Manager), the fourth low bidder over-all, but second low bidder if only the building is considered. From our interviews we have concluded that there are no major advantages or disadvantages of anyone of the bidders over the others. We have no personal knowledge of anyone of these bidders as far as the quality of their work is concerned. None of the three bidders have particularly strong backgrounds as firms, however the individuals have extensive construction experience. Therefore, considering the fact that the Clubhouse project is not complex, and that the Builder will be fully bonded, we feel comfortable in recommending that the City of La Porte accept the low bidder, Builders Construction's Base Bid of $255,930. Our initial reaction to Builders Construction's Base Bid breakdown was that their number of $169,930 for the Clubhouse Building portion of the work was too low. However, at their own initiative and without any indication from us about our concerns, they revised their breakdown to the following figures: $195,628 for the building and $60,302 for the site work. Both of these numbers come very close to our cost estimates. The $195,628 for the building equates to $48.90 per square foot, which is within our $50 per square foot budget. Mr. Joel ~lbrecht Bay Forest Golf Clubhouse 10 March 1988 Page 2 e We have analyzed all three bids and did a Bid Comparison to determine if the low bidderhad any major flaws; we found no omissions or obvious errors in their Base Bid. We did discover however, two peculiarities in Builders Construction's bids for the Alternates. Their bid for Alternate No. 2 (the installation of a fire sprinkler system) is $6,000. This bid is approximately $10,000 lower than the majority of all the other bidders. The bid, we discovered, was an error (typographical), but Builders Construction stated that they would honor their bid should the City of La Porte select that Alternate. Their other bid for Alternate No. 3 (the substitution of a plywood soffit for the plaster soffit) is an Add of $1,570. This was a surprise since we were expecting a Deduction for the substitution. Their explana- tion was that they do the plaster work with their own personnel, and it would actually behoove them to do the soffits in plaster. Should the City of La Porte want to consider the Alternates as bid by Builders Construction, we then recommend the acceptance of Alternates No.1 and No.3. We don't recommend Alternate No.2 for the afore mentioned reasons, nor do we recommend Alternate No. 4 (Burglar Alarm System) because we believe that bid is too high, and could be negotiated substantially lower. Sincerely, ~'-~~ Rey de la Reza, Principal REV DE LA REZA AlA-ARCHITECTS cc John Joerns, Asst. City Manager, City of La Porte e e RECEIVEDp v --101 /.l /' S-CJ-9-o tJ/Lr7 OOMM. DiV. I REY DE LA REZA AlA · ARCHITECTS 1245 West 18th Street, Suite B Houston, Texas 77008 713/868-3121 24 March 1988 Mr. Joel H.Albrecht Director of Community Development CITY OF LA PORTE P.O. Box 1115 La Porte, Texas 77571 RE: Bay Forest Golf Clubhouse - Job No. 1043 Dear Joel, This letter will hopefully clarify our recommendations on the bids for Alternates No.1, 2, 3 & 4, by BUILDERS CONSTRUCTION, the low Base Bid bidder. We are not recommending the Alternates per se, we are simply evaluating the dollar value of the bid for the work to be done, as described in the Alternates. Should the City of La Porte want to consider accepting anyone of these Alternates, our recommendations are as follows: ATERNATE NO.1: (The addition of the Dining Deck, stair & rail) The bid of $10,636 (Add) is a fair representation of the cost. We recommend the City accept this bid. ALTERNATE NO.2: (The installation of a fire protection sprinkler system) The bid of $6,000 (Add) is approximately $10,000 lower than the majority of all the other bidders. This bid is probably below actual cost to the Contractor. Builders Construction has admitted to the error, but has stated that they would honor their bid should the City of La Porte select to accept it. It would definitely be a bargain for the City to accept this alternate. However, we would caution you that the contractor may look for ways to recover his losses in other portions of the Work. We therefore reluctantly recommend acceptance of this bid. ALTERNATE NO.3: (The substitution of a plywood soffit in lieu of exterior plaster soffit) The bid of $1,570 (Add) is a surprise to us, since we were expecting a Deduction for this substitution. Acceptance of this Alternate would not be advisable since it would reduce the quality of the Project and present a maintenance problem. We do not recommend acceptance of this bid. ~ e e Mr. Joel H. Albrecht Bay Forest Golf Clubhouse 24 March 1988 Page 2 ALTERNATE NO.4: (The installation of a burglar alarm system) The bid of $4,000 (Add) appears to be too high as we compare it to the other bidder's numbers. We recommend negotiating this bid or contracting with a burglar alarm installer directly. We do not recommend acceptance of this bid. If you have any questions, please feel free to contact me. ~ Rey de la R za, Principal REV DE LA REZA AlA-ARCHITECTS cc John Joerns, Asst. City Manager, City of La Porte ~UEST FOR CITY COUNCIL AGE~ ITEM Agenda Date Requested: APRIL 11, 1q88 Requested By: JOEL ALBRECHT Department:COMMUNITY DEVELOP. xx Report Resolution xx Ordinance Exhibits: 1) Transmittal memo from Chairman of Planning & Zoning Commission to Mayor and City Council 2) Background reports regarding map changes 3) Zoning map excerpts indicating areas of recommended changes SUMMARY & RECOMMENDATION The Planning and Zoning Commission, as required by Section 11-504 of Ordinance No. 1501, has been engaged in the Six Month Review of the City's Zoning Ordinance and Map. The Planning and Zoning Commission has reviewed numerous requests presented in written form from citizens. Additionally) citizens have made comments at public hearings in opposition to the way the zoning district lines were drawn. The protest letters have been gathered since the adoption of Ordinance 1501. As the Commission reviewed these letters, they eliminated those which covered only a few lots and considered for Public Hearing only those requests that meet the requirements for change as written in Section 11-504 of Ordinance #1501. The Commission has recommended a limited number of map changes as well as several amendments to the Zoning Ordinance Text. Proposed amendments to the text have been submitted for review prior to the Public Hearing on March 14, 1988 and the study session dated March 28, 1988. The Planning & Zoning Commission and Staff recommend adoption of all map and text changes discussed at the Public Hearing and the study session. Action Required by Council: Call for vote to approve and adopt map and text changes as recommended by Planning & Zoning Commission. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO ~ DA E Robert City M - e INTER-OFFICE MEMORANDUM To: Mayor and City Council From: Doug Latimer, Chairman,(J:? Planning & Zoning Commission Subject: Six Month Review of Zoning Ordinance and Map Date: February 19, 1988 For the past several months, the Planning & Zoning Commission, as required by Section 11-504, has been engaged in a review of City Zoning Ordinance No. 1051 and the City of La Porte's Official Zoning Map. The purpose of this review is as follows: "... [The Planning & Zoning Commission shall] review to determine whether the Ordinance has become deficient, obsolete and inadequate for any reason, including the following: 1. Defects in the original text 2. Defects in the zoning map 3. Deficiencies created by improper or lax administration and subsequent amendments to the original ordinance which are inconsistent, conflicting or ambiguous. 4. Inconsistency with State Statutes or judicial decisions." Using these guidelines, the comprehensive review of both the zoning was conducted during study sessions, hearings. Commission has completed a map and ordinance. This review regular meetings and public While the individually, categories: proposed they can amendments be grouped are too numerous to into the follow ing mention general A. Map issues 1. A change of zoning classification is proposed for three tracts. e e Mayor and City Council Six Month Review Page 2 B. Text Issues 1. Correction of typographical errors throughout the ordinance 2. Definition changes 3. Administrative changes 4. Use table changes 5. Landscaping requirements 6. Accessory building & use changes 7. Parking requirement changes The Plann ing & Zon ing Commission would 1 ike to point out to the City Counc il that Sec t ion 11-507 (8) of the proposed draft for the Zoning Ordinance does include a paragraph concerning existing permissive legislation on the "3/4 rule". If the City Council kept this paragraph in the draft, it would require three-fourths of the members of the City Council voting affirmative in order to overturn a recommendat ion for den ial of a proposed use change by the P lann ing & Zon ing Commi ss ion. It would onl y take a simple maj or i ty to deny a recommendation in favor of a change classification from the Planning & Zoning Commission. This section is based on a provision of state law. The law is permissive in that Cities are allowed, rather than required, to incorporate this type of provision into their zoning ordinances. The City Staff has discussed the legislation with the legal council for the Texas Municipal League. They told the City of La Porte that "most cities did utilize the 3/4 rule and that the Texas Municipal League favored its usage, but being permissive, the City Council must rule on it before adoption". The Commission has no objection to the inclusion or the exclusion of this requirement in the ordinance, we are forwarding it to Council for your consideration. Except as noted above, the Planning & Zoning Commission recommends adoption of all proposed amendments to City Zoning Ordinance No. 1501 and to the City of La Porte Zoning Map. DL/nd -"";- f '\ . .' . e e INTER-OFFICE MEMORANDUM Subject: Bob Herrera, City Manager Ervin J. Griffith,Building Official/ ?1? 4- . n_ Zoning Administrator ~ ~8l Joel H. Albrecht, Director of Community Development ' Six Month Review of City Zoning Ordinance No. 1501 To: From: Through: Date: February 23, 1988 Attached is a draft copy of the Six Month Review to Ordinance No. 1501, \vhich has been recommended for favorable consj.deration to the City Council by the Planning & Zoning Commission. All proposed amendments have been incorporated into the text. All changes are indicated by means of vertical black bars located in the right margin. An index of all proposed amended changes has been included in this packet. Also included are three map exhibits. Maps A & B indicate the three zoning reclassifications recommended for approval by the Planning & Zoning Commission. Zoning boundary lines are drawn on these exhibits as they will appear on the City's Official Zoning Map if the changes are adopted by Counc il. Map A concerns Block 93; Bayfront Subdivision. Map B concerns two tracts located in the 9900 Block of West Fairmont Parkway. Map C involves interpretive changes being made in the Myrtle Creek, W. Main area. These changes are being made in accordance with Section 2-700 of the zoning ordinance. The purpose of these changes is to shift zoning lines so they coincide Hith property lines, rather than bisecting tracts. As these changes do not require Council action, this exhibit is included for informational purposes only. The Staff and the Planning & Zoning Commission would like to point out to the City Council that Section 11-507(8) of the proposed Six Month Review draft for the Zoning Ordinance does include, a pal'agl'aph concerning existing permissive legislation on the "3/4 rule". If the City Council kept this paragraph in the draft, it would require thl'ee-fourths of the members of the City Council voting favorable to overturn a recommendation for denial by the Planning & Zoning Commission. It would only take a simple majority to deny a favorable recommendation from the Planning & Zoning Commission. e e Bob Herrera Six Month Review Page 2 The City Staff discussed the legislation with the legal counsel for the Texas Municipal League. They told the City of La Porte that "most cities did utilize the 3/4 rule and that the Texas Municipal League favored this usage, but being permissive, the City Council must rule on it before adoption". The l"emainder of this packet is comprised of background reports and exhibits pertaining to the three proposed zoning reclassifications. EJG/nd 793 :"-"':.1'" 94 G II 792 7~ 685 ~ 24 ~ 49 72 r., 50 71 74 !l5 ,.; .. :It ... ~ - 339 ,T. - 118 v B I ~ ~ F ,.; .. :0: ... .. LI - . !I . ... c: 1lA1" - II . 6 II. I. .Jlo. - II. C ST. - ~ ~ ~ .... ~~ I{~~ iLJ U ,.; .. :It ... .. ,.; .. :It ... .: ~ ..2. .... ...l. ST. . , , .. .J [ + - - ~~ .,. ~'\... ' ". ~ . ~ .,.,.,uItS C:.IT ,,'10. JI]J R-2 ,.-.-- ''\ ... ....C" .. ~ ~ ~ \\ ~ y ~"o If.'''<'l \t\, ~C" \\ ~ '\. \:... <' ~ ~.~ ~ 'lIL '(' . .... I . .}. MAP '}\ .:\. " ~ . R- + ,+ .... ~,~ . + I -----: --------------- ..J ~. ... ;. frA.C 1$ in Quest';'", I I t---J I I ~-i I I 1..-____1 I I L------f I I ~-----...J I I t-----., L _..1 N / I .. "2 707 712 I I~ .i . c . ~ 2il "3 / 70( 7/3 -L / / / .: .. ., w ~ c . W ..I ..J > r. ~ c ..J MAP "8" 716 R- / / AIU.OW LN. l---R~--~ Q..t.NVIt.W OR. CMITVAY Dll. VALLEY VIEV lilt. MADOV "LAC! 11ft. CLDlVALLEY lilt. ~ ADOII CMST Dll. CII([KY I [II lilt. G LII. i IGC f · 'AI~T "ARKII .- - - LA 1'ORTt: cn., /I"IT BAYPORT e e IN'lER-OFFICE MEMORANDUM Subject: Doug Iatimer, Chai.rm:m Planning & Zoning Ccmnission At Mark S. Lewis, City Inspectojl!---- November 19, 1987 Planning & Zoning Canrnission Public Hearing & Regular Meeting 'Ib: Fran: Date: November 13, 1987 Enclosed in this agenda packet is a draft of the City's Zoning Ordinance containing all proposed amendments the Carrnission has reviewed up to the present time. Staff will go over these amendrrents again in a brief surrmaIY fashion during the regular meeting portion of Thursday's hearing. There are two additional amendments Staff is proposing for the ordinance. These are covered in background reports enclosed in the agenda packet. Background reports are also enclosed regarding the two map issues to be considered during the public hearing. If you have any ccmnents or questions regarding any of the material in this packet, please contact me at 471-5020, ext 254. MSL/nd Enclosure cc: Planning & Zoning Carmission Members John Annstrong, Asst. City Attorney Joel Albrecht, DireCtor of CarIn. Developnent e e November 13, 1987 Map Review Request by: R.L. Reeder DarylT. VanDeventer D. E. Stewart Kamal S. Sheena John IDeke Requested Zone Change: R-l I1::M Density Residential to General Commercial (G.C.) Property IDeation: All of Block 93; Bayfront SUl:rlivision Background 'Ihis block is located on the south side of Fast Main Street. between South Utah and South Idaho. (see exhibit #1). The entire block is zoned as R-l I1::M Density Residential. It is bordered (as shown on exhibit #1) to the north and east by General Carmer- cial Property. There are presently 6 cc.mnercial buildings and two single family residences located on block 93. The ten lots fronting on Fast Main Street are undeveloped (see exhibit #2). All owners of property on this block have contacted the City to request this change. Analysis As noted in the background section, this block is presently bordered on two sides bv G. C. zone. There is no cc.mnercial develop- ment in any of the R-l uzone :imnediately south or east of this property _ (see exhibit #2). Map Review Request _ November 13, 1987 .., Page 2 e Further, the City's land Use Map (exhibit #3) indicates cannercial use extending into this block. Conclusion Based on the ccmnercial and resiential development patterns in this area and the use pattern indicated on the land Use Map, a General Ccmnercial zoning of this block. appears to be reasonable. Also,again based on the land Use Map, a reclassification of this block to General Ccmnercial will not have a rrajor impact on the City's Canprehensive Plan. Recarmendation Reclassify all of Block. 93; Bayfront as General Carrnercial. . I." : , f . - 81 , . . I . ; [ R. 1 \..: ..: ..: .. .. .. 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"~.Ji"""'''''''''~ ~.-.~: '.~,' '-... - 11"1110. - -. _ .. 1 ~ ~.~ ,"J;;;., \.. .......: _-.;. · . . ~. -'L .. . ~ ~ .i/.... ";Q-...'- _. .... ...... ~.. ..; ~'r..j 0 .. .. ~:.~ rz..\... ~::-. \.';.~""_. .. ~~ i .9 ::,-,..~ : ..:,'..~....~.:~"~}~ ':;.~f ',. . ..:.>{~~ 1& .. .: . I . !" ;::;;.... ~ , .." ",,;" " ... ...,.,. .:::<>\:;::~ ~ - .., .... . ..... ~ Iii :1~lilrtfi .: :::.: :/~ ~;j ';. ,> . ./?\;:;::'..>. ~l ~r"F~'1 flhll!';:;: .~ ~ ..~~,; ~'~.,(i' .~~":: ....:(}\\L?!> .j !llil :::: ~~ @) ~"\ CI[rN~Fus't ~~RNTE I ~ f'iW.lt .. -:: =~ J' @) ~:t, ~ I:::: ,.Wz;t , :: .~~ ., @)\~~ I I PUBLIC U~E~GCNO k.":'; .....:?-k?- ..~ [<'t ~. .. L! ~-;~ ~~:.~..~ I I LOW DENSITY RESIDENTIAL USES , G RESIDENTIAL US tl l r.:\:.' I....... ii' I.. . I . h ~ .... '. F'" .. ... I MID TO HI H DENSITY t.' ~t.,;, 1>>_) Ii: .: 41: .: :. ~ ~'::::.":.::..'..':. ,[.:.:.:-:.:.1 COMMERCIAL USES , ~"". I I COMMERCIAL INDUSTRIAL USES i \S :::;:;;qf.;J 1<) .. ... .. LA PORT! l\~ INDUSTRIAL USES i ~~,~~'i; )~ ~:' :~i:~, ~~f} l:~'~I__u .. r : . . .: :-.-. :.. ..... . . .;{.I~~. 1\ \. ~ ! . . .. .. 4 . . . .,. .Q ..... · · · · · · ~ II. .. ..!' · ! · e- ll. '"' . . ... ~L. .!!" ' J. ... . . . . . .-;r, r ,,-.....p,.., II f'- ~ ...,::... ',.< e e November 13, 1987 Map Review Request by: Gray Enterprises and J. P. Jackson on behalf of Fainront Park Joint Venture Requested Zone Change: Neighborhood Carmercial fran R-2 High Density Residential Property IDeation: 9700 Block through 9900 Block of West Fainnont Parkway. The property in question is described as a 2.984 acre Tract and a 1. 239 acre Tract out of 198.898 acres of land in the W. M. Jones SUrvey shown as Tract 3 on the ~ember 3, 1978 plat of the Fainnont Park area. Backgrolind The tracts in question are presently split by a zoning line. The western end of this property extends into the Neighborhood Carmercial zone located at the north eastern comer of West Fair- mont Parkway and Undel:WOCJd Road. Further, there is also a N.C. zone located imnediately north of the property in question (see exhibits 1 & 2). This N. C. zone was established by City Ordinance No. l50l-A. The western end of this property is occupied by J. P.' s Service Center, a gas station, car wash, convenience store. The tracts are otherwise undeveloped. Analysis The creation of the N.C. zone north of J. P.' s Service Center created a "spot" zone. The purpose of the request is to eliminate this situation by re-classifying these tracts as N.C. This action will connect the two existing N.C. zones and create one larger zone in their place. Map Review Request e November 13, 1987 Page 2 e A review of the City's rand Use .Map does show City Council's intent is to have sane carmercial developrent in this area (see Exhibit #3). A further review of Exhibit #2 shows the renaining undeveloped R-3 area to be large enough for the developnent of a high density residential canplex. Conclusion In Staff's opmlon, the p:>tential problems of maintaining the N.C. "sp:>t" zone located north of J. P. 's Service Center, outweigh the considerations against granting this request. For this reason, we request the Carmission approve this re-classification and recan- mend that it be adopted by the City Council. Reccmnendation Approval of this request to re-classify the tracts in question to N.C. / ',':.:.J'.":.\j:~'.""', y' . -' ,~ . ....f. ~; ~....'i" ;, .l'. ':'" "''!rI' } . ,. ;.!" ",. ..,.:~.~"I..-.-:t'fI~;..' ,'0 't'; f, :}.... . .' (.~ f.t'f." \... ~........ . ,. . . '. ' '.: ',: ), :X: ';<. ',.' ;,~. . / / / I ~ ~ I ., e ! ~ ~ 1= """ ~ . I ~ . C i) . 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CMU'fIlV 0It. l\ \ -. -.. - 11 UL ~ ~ UI. ~.p.. ~ l1 _.g, ' '-~qr j ~'-.. _ 1 ~ 1I101ll11l.., r~/L R-I .. .,. C~L/~ ~/tr "ILL ~r/c 1- ----- <<4rt r---::. .I --- --.;::,.... '. f;;;::J ~ ::. ~~ ................ ~l" ~ ....1 \: .l oJ':. ,fill!..' ,- T , ; // / . " ~. UlI I, 1M /:~' V j 1-' ~R-2 I . .. 1 "7 .,: ~ ";".~ : ...: . .,-'" 'j '., ~r~;;~i\~ f.' I.' , iGC , i~ i I FAIIlIQIT 'AMV ~ .. r HIUUTg REMOn: Y ICHOOl. G I~ iLr,_- ~ . ~ .., / .. I Q'l i!J H '- (-7 --- ,., LA I'OlITl CITT IINIT / ... / :.-- BAYPO 11 +-1 ,-L_______ CITY OF LA PORTE LAND USE PLAN "'/ il ! . 1/ f I 1\ . ~....' 1\ ~~":r~..~. ". . : m.~mmmn ~ ~ j ~ j~~ n~ ~ ~ ~ [~j j j j j j j j j: LA 1'CIlttt: ca. -- ~ oJ !t. .. .".- ------.-------~ I I I I I I I I I E)C h',b it~;L LT. J. LlnlT / ~ / / + ----- 1~ 'l! Ii - E~h . I b;1 *3 i l*~""'" -- e o o o :; a: w o z ::> . ( c ". .. ~~ , , " < , ., ~ :. ~ " ~. I ." 1>- " c: .\ ~ . , < .0..$#0 At:. ;;1;itC~. , tt-- -.-.-- C.~"'IIV,.. ,f.J,,- .l t \ ~~ ~,~ .1,,,, \ 'N 't ' ~ t .~ ,~ .~ ":l ,. / ~ ~ .""' 11 ~ ~ r.c \ 'lJ'- < ~ Iv . 4.'" A"Al! rAA"r 1: ~ I~ it I~ I~ I'I'~ n f I I .V,+h1-' ~.z.-r:~-:r " - -.5~5"5?f4-r:;r ffT~- -:. , ~'l.s B!>.s..:;'/"",~A-' J$/./-J ~ ........ /0 -..s;",-r,."~':; ~e:-.;,.v~'" ~,.,/.". ryp' .'6 - . 40; ~.500 AaG T".c-f"T" b'lHt81T 'A" ,:::-AIRMON ~ . a , '., ~. () It) '" ., ~ \1 , ",e"'t"~ '?e-; t\ Z:. \ ~ ........"'t<'~:) s~\~<.'L. I acC ~c.. T IlJ > l( III \I) IIJ ~ I~ ./ , ~ I ~ '/ I~ O/'~~' o!I l~ \ III . ." ~~! -- - :~ ~~:~ '1 ........... ~ ".s4,...".~1..y .:sc:""~"",, ... . . , ...~, ~ '\ " ... ..... J~.. 0> .~J,,~ ~ k-"!.._~k~~.. ~~~~DI} ~.!~ ..: "!~_::!. ~ l~ .-- .,. r ~~.z,g.~. .ua~ J II ..-1'.. i . U4J"" 1 ~'''' _ _ __ '- __ ~ r.,n~ #1~ --,- ~ ~ ~ ~ ~;...!!~?J-~ - - --- T~"."'I ,,0 I 70 . ~:. .. 64 ( 6'~() ,9JO "_1--...-,....-- ., . '" -.-- .'" /' ....-1 -.-. .-. 'pr:-'-"l ~I r- .~. .-.. f.g('. · ~ ;'" ;' . ~ .. I L,ne I . I . ~5 d...", ,.",..:/ !' It. . , :, ~ 10 !", II I 7 :.,.. !.. · .J 6 I'~ 'IlJ ~ I z J · Is' , ,,~. , . 6.; ~ ~ ~ l:t. ,. . ... . . .." . .. ~.: I ,"'" './o'()O.,g Z$.J.18 . 1:..... I . I "" .t....' "-.-'.L . 1-.c:4J'rl-:08.J ;,./.... ...."."l,r,~.. .j ..w~~. .... '1 .' -.!...- ~.~~ _.,.,_,M~. _ ~ _ :D_ _ ~ .'. ..., 10_r 1- Uo. ""- - .. -' _ ..,; '1.~t?'~~ - --' -'_. J''' .:!iuJ/JI/'oIry .s~u.rer." ( GAS" (#$.74 " I ) ,. .\ ~.,. '. --. ~. J' 5~ .J " :-~."" .' e e ThlTER-OFFICE MEMORANDUM Subject: Doug Iatimer, Chainnan Planning & ZOning Carmission Mark S. lewis, City ~ November 19, 1987 Planning & Zoning Camnission Public Hearing & Regular Meeting 'lb: Fran: Date: November 13, 1987 Enclosed in this agenda packet is a draft of the City's Zoning Ordinance containing all proposed amendments the Cannission has reviewed up to the present time. Staff will go over these arnendrrents again in a brief surnnary fashion during the regular meeting portion of 'Ihursday' s hearing. There are two additional amendments Staff is proposing for the ordinance. 'Ihese are covered in background reports enclosed in the agenda packet. BackgrOlll1d reports are also enclosed regarding the two map issues to be considered during the public hearing. If you have any cxmnents or questions regarding any of the material in this packet, please contact me at 471-5020, ext 254. MSL/nd Enclosure cc: Plarming & Zoning Ccmnission Manbers John Annstrong, Asst. City Attorney Joel Albrecht, DireCtor of Carro. Developnent e e ZONING ORDINANCE TEXT REVIEW SECTIONS 4-201 & 4-202 Background Section 4-201 deals with non-conforming structures. Section 4-202 deals with non-conforming uses. As presently written, there is some ambiguity as to when a use or structure loses its legal non-conforming status and protection under the ordinance. Analysis To remedy this problem, these sections have been amended by inserting abandonment clauses. Item 4-201(7) states that when a non-conforming use or structure is abandoned for a period of 180 or more days, the use ceases. Item 4-202(4) states that the use ceases after abandonment for a period of 90 or more days. They further state the City's Zoning Board of Adjustments shall be responsible for determining whether or not a use has ceased and the property owner/applicant shall have the burden of proving the use has not ceased and should be allowed to continue. The decisions of the Board in these matters will be final. Items 4-201(7) and 4-202(4) are located respectively on pages 20 and 21 of the attached draft zoning ordinance. Conclusion Approving these changes to the non-conforming use and structure sections of the ordinance will provide Staff with clear guidelines for regulating non-conforming uses within the City. Staff therefore requests the Commission to approve these amendments and recommend their adoption by the City Council. Attachment e e ZONING ORDINANCE 'IEXT REVIEW SEcrIONS 5-600 (Residential Use Table) 6-400 (Carmercial Use Table) 7-500 (Industrial Use Table) Background and Anal ysis The uses listed in these tables are presently keyed to the 1972 Standard Industrial Classification (S.LC.) Manual. The City has recently obtained the 1987 S.LC. Manual. And upon reviewing the new manual, Staff has found sane changes in the use numbering system. The use tables in the attached copy of the draft zoning ordinance have been arrmended to reflect these numbering changes. These amendments did not involve changing any use to a different zone. Conclusion Approving these amendments will simply alla.v the City to make use of the IIDst current reference material in the day to day enforcement of the zoning ordinance. Staff therefore requests the Ccmnission to approve these changes and recannend their adoption by the City Council. ReCatmendation Approve the amendments to Sections 4-201, 4-202, 5-600, 6-400, 7-500 and recarmend their adoption by the City Council. Attachment e e November 13, 1987 Map Review Request by: R. L. Reeder DarylT. VanDeventer D. E. Stewart Kamal S. Sheena John Iocke Requested Zone Change: R-l li:M Density Residential to General Commercial (G.C.) Property IDeation: All of Block 93; Bayfront SUl:rli vision . Background This block is located on the south side of East Main Street between South Utah and South Idaho (see exhibit #1). The entire block is zoned as R-l li:M Density Residential. It is bordered (as shown on exhibit #1) to the north and east by General Carmer- cial Property. There are presently 6 ccmnercial buildings and two single family residences located on block 93. The ten lots fronting on East Main Street are undeveloped (see exhibit #2). All owners of property on this block have contacted the City to request this change. Analysis As noted in the background section, this block is presently bordered on two sides bv G. c. zone. There is no ccmnercial develop- ment in any of the R-l zone immediately south or east of this property, (see exhibit #2). Map Review Request Novanber 13, 1987 e Page 2 e Further, the City's Land Use Map (exhibit #3) indicates carmercial use extending into this block. Conclusion Based on the carmercial and. resiential develop:nent patterns in this area and the use pattern indicated on the Land Use :M.ap, a General Ccmnercial zoning of this block appears to be reasonable. - Also ~ again based on the Land Use Map, a reclassification of this block to General Carrnercial will not have a major impact on the City's Canprehensi ve Plan. Reccmnendation Reclassify all of Block 93; Bayfront as General Carrnercial. R.~I \..: ..,:' ..: .. .. .. Iz % Z = ~ :; ~~ lb 339 ~- IT. 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M,. ~ "':11l ... . ... ... ... ~";i~ :"~'~ ,.;(X:+) .) ...... _, ~ ) · · · I';:"'::' · - ... ~_. f Y l/%//' .'Z ;::J'y::: . - . .'.~, ,. ,~ ~ ~"CiJ ::'::, :~~~\i~'" ~f'" · ~.' .' .. ,:'.j)~~~ , I.EI.:'li\I!!~)i~I.!; ....4. .. ~ 'i 'l.<.c:' ,...- .~... .:::::::::.. \)~ . - - r,' '<~". .':'::'. '.:-.' .~ N~ " .. :.:.:. I) J :~ \<NHi\ ~ .......\ ~ .:::':.::::.':::::::;:.<' . .~ .t',.;.~i.<....f.' !....i..i~ ...~.....i..lii!j;i:-- '::.:: (1 ..~ -~~~~);. ......, c ..{}\\<:4j~ . "PPl; ~ ~To. t _ . ~~ '- \ . . <- ?~~1' I!~'~; ;il :- ~@@CiJ ~\ <; Cl~rN~~u~~~~RNTE I.,,> ;".ij~ [I''', .::. ~ .\ ~-<~ I ] PUBLIC USES. f .,.,.{\<( . I) YC" 0 ~ I I LOW DENSITY RESIDENTIAL USES ~,::' ~- ."" -~T. · ~ _ ~. "~ ~ MID TO HIGH DENSITY RESIDENTIAL US II 1 @) I....'.. <><y:Y. .. ... ~ 0 ......\Ir' COMMERCIAL USES I. ,.,It..... !IY'> ...,............ .. I... .. , '~.",:'" I I I' ,\..... _ . COMMERCIAL INDUSTRIAL USES \'> i:!.:;>,,\........ Ii) :: :: ~ .: ~~G:O~;OOL 1\]; I '''',.'--.-1 INDUSTRIAL USES 1 " V. .. ~ "'.A...(~ I =3 (~ )::::::1.:: '- ~l/J~ 1/.;0---- ... i · - :j I ,.,."" If i . · . .. ... ... .-. . . .. ~~. ~ v~ ! . . .. .. 4 . . . . ~ . Cl ~. \I. It . 5T. . .. · . · . · .. .. ~ \I, · " ..!' · .~:. ..! _ ~ I ~.IV ~ ....... oa,,(,r ,.~~..~/)(, ~ ~ lOOO OO.~ y'. :: ;000 00 .... 1000 00 1000 00 ~ ~....,.. ~.~. . ...... @ \L::: ...... n ... ~ :::..1 .. '.' .........) . .. .. . . ... . . ....... ...... ........ ....... . ........ ....... ......'....2... : :.,;-: ...... '..: SOlI ., j I I'" '''''''''''1",1 [.:.:.: .: .: .1 e e November 13, 1987 Map Review Request by: Gray Enterprises and J. P. Jackson on behalf of Fairrront Park Joint Venture Requested Zone Change: Neighborhood Carmercial fran R-2 High D:msity Residential Property IDeation: 9700 Block through 9900 Block of West Fairmont Parkway. The property in question is described as a 2.984 acre Tract and a 1. 239 acre Tract out of 198.898 acres of land in the W. M. Jones Sw:vey shown as Tract 3 on the ~Ember 3, 1978 plat of the Fainnont Park area. . Background The tracts in question are presently split by a zoning line. The western end of this property e."<:tends into the Neighborhood Carmercial zone located at the north eastern comer of West Fair- mont Parkway and Undenvoexl Road. Further, there is also a N.C. zone located inmediately north of the property in question (see exhibits 1 & 2). This N. C. zone was established by City Ordinance No. 150l-A. The western end of this property is occupied by J. P.' s SeIVice Center, a gas station, car wash, convenience store. The tracts are otheJ:Wise undeveloped. Analysis The creation of the N.C. zone north of J. P. 's SeIVice Center created a "spot" zone. The purpose of the request is to eliminate this situation by re-classifying these tracts as N.C. This action will connect the two existing N.C. zones and create one larger zone in their place. Map Review Request .A November 13, 1987 ... Page 2 e A review of tie City's Laild Use Map roes show the Ccmnission ' s intent is to have high derisity residential developnent in this area (SEE ed1ibit #3). A further relTiew of FXhibit #2, howeITer, shows the remainiIJ3' undevelop:c R-3 area to be large 810UJh for the derelop- rrent of a hicjl density residential canpl ex. Conclusion In Staffs opinion, although this request is not in keeping with the intent of City I S Canprehensive Plan, the problems of maintaining tre N.C. "spot" zone out weigh the consideration against this request. For this reason, staff requests the Ccnmission approve this reclassifi- cation and recarmend that it be adopted by City Council. l€canrrendation Approval of this request to reclassify the tracts in question to N.C. / NC/ I / / . ',:," :' ':'.;~!:;\?~~~\~:'. :..:.\:.~. ,: ~;.~:' . .,' I 1 . I. /1 . / I . /"GC 1" I -' ~ / ~ / i . .~..;:~ 4;~~' : +~ R-\, ~ ! / : t --'SOrIUcT c.a nLTT UI. m.IUST UI. :AM.OV u.. ..z J' US I, U4 /:~ '/ I ___ f, R-2 701 / 705 70S 704 ?US .- MI F -I j' I , /. ~" vv ..:.: I~ Jj ~ aax J STlllC CIlUX Nl~' ,. R-3 , ./ . .. IAlCER ....... \ HIGH acHOOt. \. ( NC ,.' . . 12 .' II II .. I;, . /CAIlOlI eM: IT DIt. Y ALLrI' Y I [lI DIt. flODOV rLACI: .. kDlYALLU DIt. CM:DtY lEII Ilfl. \\ \ -- - .. ClUJ llRCHAIlD #~ ...A' . Ir-. " '4, 7J5 '. .. ~ R-3 ~ I NC ~ TlZ TIS ... i '" R~2 ! ~ e ! ~ 1 ~ I~ i~. !.i . ' c . I \ ...- ~ . I I I t--J I. I ~-i I I ~-----'1 , I L_____~ I I ~----..J I r t-----, L____..J ~ ItCU. IIOCXY ~ '!,~ . ..~ , .oNe :',; ~ -.UJlI .., AIITlUN UI. \ ..1\.!:" Ul. ~ ~ UI. Tunm \,~ _ ") KU'AST.. \' _ ~r Ij G~ CAIlLOII . -~ ~_ ~ ~ i L rr._ ....''": ...., \ ~. ~ ~ ~ Jis::iSAi "'lUr_ \, ~~ ~ ~~ ~. . "\ R-I' ~" ,c. - \\\ .., ....."c. . \ \ll I~r "'LL ~ r( ~r/C' I _ c..r~ ~J~_ ~ ~L~ ~ ~I' ~L4tt ~ .v. fY~- ........\ .:-,,,- (1~r \ !. 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I Co 'e.;"."'- ~ ;.3,3" '54 . I Jl.,Q &.s~",I:<. ;':1;;<:'".' .... 5....',.,.:~ ~-...; - -- - - -!"D":"O~J~~j:i~.r~/77J:;'t. ."~ - -- b)(Hrt3IT I All FAIRMON -='!~~ &7.z.-n:::: ~ _ _ _ _ - - - - 3~=: /fJ .;.;I 57TZJ - - -. ..:!:S? /.J' ...... /0 .. ~..."'~~ ~.:-.:.ut:"'- .~" T .~ t \ ~~ ~.. )''1 ....'1 t' 'N ~ ' ~ t .:i.~ .~ ".l / ') \I) ... ..... ~ ~ ... \} ~ r{ .; 'lJ '- ~ ~ " - 4.-1- A,,~e rAAcr (t.500 AGeE r,r~e7'"" 4: . t\ " '., n . C) ~) '-'l 'l ~ " Je....l'I.~ ~,c\ t: ,~......,..1r.~:) Sd"'<..L., c.~ no::.. ~ ~"S4"" III > Ct " II) IlJ ":. I -:'f , ... . . . .~ ',......... . I~ . ~ :,; ....... ~~, ~ .i ~. I ~ ,'/ ~!' ~ !'-.- . :~.~},~ ~ tt~_~k:S"~..~~~~O/~~.!t ~,~ .::-- .t. r ~~.Z.9 /j. 'Lfs~ J" ..-'"~ ~ .f""l ..,." ~ ."J'" _ _ ___ """- __ .; ~ r,,,,d ~I~ ---- :: ~ ~ ~ ~~ff:'J.t;;. .:::...,. . -. ~ ,-- ~"#' .I~* . -.- " - I ..."1 ." I . N "'... 4" ." ... I 1'1" 1,'0 I -.' -..0- ... " . '" ." . ..-..-.,.. . ,..._, _._. 'p--:-'-.'l -al r.~ .-1--' . .-- ,.~ -", .. i.. .. .:/ '. 4",.,. I ' I. fI* 41,," ''''''y ~; It' . , " '4ll,0 ~'" " '~ I · :.,.. ! . 3 ." ,'!> 'J" " J ~ I I'. · t. , . 6 ~'~ ~ ~ It . . ... . . . '" .' . =1 . '.~ I ." ". . "/0'00',4 rSJ.l8 . .:.~..",. I \.....t....., ;'-'1 1.&'".;(,o;'l/.os;'.,' . .... ...."...l.b~..l. .,W8... I -I ..~.-!J,,'::' .1. :~~ .. !!O.!~ ..0' 'D - . 1-..."". -',";; , oJ L.~. - "'-_.." -' ..." "'!!~;;f=~:;":'-'.'~" -:::,:-...-:..- .-::1.;' .;s;,.....,..... - - <9" ......;......".y .sl~~ ::7 - '(" \. - 6.1.>7'" ~S.?05 , , ) " ... ~':'_~~. i .. -. (;"J! 0 -).,~'. \;,.:; .. ~'l 11), ,I 'DC) .~f) ~~ o. .\ ,~,. .' R~UEST FOR CITY COUNCIL AGEIIl ITEM Agenda Date Requested: April 11, 1988 Requested By: Joel Albrecht Department: Community Dev. Report Resolution x Ordinance Exhibits: 1) Ordinance 1501-D (A & B) and exhibits SUMMARY & RECOMMENDATION Ordinance 1501-D is an ordinance rezoning the following tracts from R-3 High Density Residential to N.C. Neighborhood Commercial. Ordinance 1501-D (A). 2.984 acre tract out of the W.M. Jones Harris County, Texas, and being out of that Shaner, Hicks & Cherry on December 3, 1978. from R-3 to Neighborhood Commercial. Survey, La Porte, 198.898 acres by Requested change 1.239 acre tract out of the W.M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. And the following tract from R-1 Low Density Residential to G.C. General Commercial. Ordinance 1501-D (B). All of Block 93, Bayfront Addition to the Town of La Porte, Harris County, Texas. Requested change from R-1 to General Commercial. The recommendation to rezone these tracts, which were considered in the City Council Public Hearing of March 14, 1988, has been made by the Planning and Zoning Commission as part of the City's Six Month Zoning Ordinance Review. Action Required by Council: Consider adopting Ordinance 1501-D. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO DtrB \ , . e ~.i\ Text Change Index Page 8 ARTICLE ELEVEN: ADMINISTRATION AND ENFORCEMENT Section 11-400 Application Fees: Sets fee for special exception request - pg. 96 Section 11-507 - Item 8: Council vote needed to overturn a Planning & Zoning recommendation to deny - pg. 102 ARTICLE THREE: DEFINITIONS Setback, Sign Measurement: New definition - pg. 15 '. e e r" -19- Section 4 - 200 Non-Conformin~ Buildin~s, Structures. and Uses The general public, the Planning Commission and the Board are directed to take note that non-conformi tie s in the use and development of 1 and and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary ..to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibili ty of the Planning Commission and the Board to assist the City Counc il in achiev ing thi s goal by adv i sing the City Counc il of their recommendations thereon. As necessary, the City Council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. Section 4 - 201 Non-Conformin~ Structures 1. Limitation on Regulation .- No structure, otherwise in accordance with the provlslons of these regulations or an amendment hereto, shall be rendered or be deemed a non-conforming structure solely for a failure to comply with provisions relating to Section 10 Special Regulations, of this Ordinance. 2. Continuance of Non-Conforming Structures Subject to all limitations herein set forth, any non-conforming structure may be occupied and operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions herein established for structures in the district in which. the non-conforming struc- ture is located. (The provisions of Section 4-201(6) and Section 11-605(2) of this Ordinance are also applicable, and shall be :t:ollowed. 3. Accidental. Damage to Structure If a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform .with provisions herein. In the case of partial destruction by fire or. other causes, not exceeding fifty percent (50%) of its value, as determined by a licensed appraiser, the Enforcing Officer may issue a permit for recon- struction. If greater than fifty percent (50%) and less than total, the Board may grant as a special exception a permit for repair but not for enlargement or reconstruction of the building. ." 1lfIio ~ ~ .. .-.- -20- 4. Obsolescene of Structure The right to operate and maintain any non-conforming structure shall terminate and shall cease to exist whenever the non-con- forming structure becomes obsolete or sub-standard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcing Officer determines that such structure is obsolete or sub-standard. The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of such structure rests upon the owner of such structure. 5. Determination of Reolacement Cost In determining the replacement cost of any non-conforming struc- ture there shall be included therein the cost of land or any factors other than the non-conforming structure itself.' 6. Repairs and Alterations Repairs and alterations may be made to a non-conforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the non-conforming use results from there being more dwelling units on the lot than is permissible in the district in which the bulding is located. The Board may grant as a special exception, an application to extend or enlarge a building occupied by a non-conforming use of the lot occupied by such building, provided such grant does not serve to prevent the return of such property to a conforming use. 7. Abandonment of Non-Conforming Structures A non-conforming structure, when abandoned, shall not resume. . A non-conforming structure is abandoned when the structure ceases to be used for a period of one hundred eighty (180) consecutive calendar days, and it is determined that an intent to abandon the non-conforming structure occurred as evidenced by an overt act or a failure to act on the part of the non-conforming struc- ~. ture's landowner or his occupant. Whether or not a non-conformi~g structure has been abandoned is a question that. shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming structure shall have the burden of proving to the Board of Adjustment that the structure has not been vacated or used for a period of one hundred eighty (180) consecutive calendar days, and/or that the owner or his repre- sentative did not intend to abandon the non-conforming struc- ture during the period of cessation of use of the non-conforming structure. e e r:::::; .. n -21- Section 4 - 202 Non-Conforming Uses 1. Continuance of Non-Conforming Uses Any non-conforming use may be cont~nued in operation on the same land area and on the same floor in a structure or struc- tures which were occupied by the. non-conforming use on the effective date of any amendment by which the use became..non- conforming, but such land o~ floor area shall not be increased, except that such limitation shall not apply for farming uses. 2. Registration of Non-Conforming Use It shall be the right of the tenants and owners of a non- conforming use to register same by securing a Certificate of Occupancy as provided in Section 11 of this Ordinance. 3. Changing a Non-Conforming Use Any non-conforming use may be changed to a use conforming with the regulations herein established for the district in which the non-conforming use was located; provided however, that a non-conforming use so changed shall not thereafter be changed back to a non-conforming use. 4. Abandonment of Non-Conforming Use A non-conforming use, when abandoned, shall not resume. A non- conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non~conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non- conforming use landowner or his occupant. Whether or not a non-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming use during the period of cessation of use of the non-conforming use. ~._ e e r ..~ -26- adjacent residential properties, access for vehicular traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential develop- ment to pUblic facilities, places of employment, and facilities for meeting commercial and service needs not met within the manufactured housing community. 5 - 502 Permitted, Accessory, and Special Conditional Uses Refer to Table A - Residential 5 501 Densitv/Intensity Regulations Refer to Table B - Residential 5 - 504 Special Regulations Refer to Article 10 5 505 Other Regulations Refer to City of La Porte Development Ordinance, and the City of La Porte Mobile Home Park Ordinance. 5 - 600 Table A Residential. P (ABC) - Permitted uses (subject to designated criteria established in Sections 5-800). P Permitted uses A Accessory Uses (subject to requirements of Section 10-300) C Conditional Uses (subject to requirements of Section 10-200 and designated criteria established in Section 5-800 as determined by the Commission) * Not allowed ..,." ,.~ e e -27- USES (SIC CODE #) Agricultural Production - (011-019 Crops) R-1 P Agricultural Production - (027 Animal Specialties) C Breeding Kennels, Private Stock, Limited to dogs & cats, large lot residential A Domestic Livestock - Large Lot A Single Family Dwelling, Detached Single Family Dwelling, Special Lot P * Single Family Dwellings, Zero Lot Line (patio homes, etc.) * Two Family Dwellings, Duplexes (double bungalows) * Townhouses * Conversion of Single Family Dwelling to no more than 2 Unit Multi-Family Dwellings * 3-4 Unit Multi-Family Dwellings * Multi-Family (over 4 units) * Modular Housing On a permanent foundation system as defined in Sect. 3-100 P * Manufactured Housing Subdivisions restricted to H.U.D. certified Mobile Homes; min. width 20', min. shingled roof pitch 3:12, permanent foundation system; siding similar to surrounding residential Manufactured Housing Subdivisions (Restricted to H.U.D. certified mobile homes on permanent foundation systems) * Manufactured Housing Parks * ZONES R-2 P * A A R-3 P .* P P P P P P P * P C * * lit ...... - MH P * A A A P A P P P P * P * P * P * P * P P * P C P ...... * P * P(F,D) e -28- USES (SIC CODE #) Group Care Facilities no closer than 1000 ft. to a similar use (836) Childcare Home in Private Home (services no more than 6) Daycare Centers (services more than 6)(835) Freestanding On Premise Identification Sign; Townhouses, Multi-Family Developments, Group Care Facilities, Subdivisions, Education and Religious Facilities Residential PUD (refer to Sect. 10-100) Public Parks and Playgrounds Recreational Buildings and Community Centers (832) Religious Institutions (866) Public or Private Educational Institu- tions limited to Elementary, Jr. & Sr. High (8211) Junior Colleges & Technical Institutes (8222) Boarding Homes (7021) Civic, Social & Fraternal Organizations ( 8641) Convalescent Homes, Sanitarium, Nursing or Convalescent Homes (805) Private Garages, Carports and Off-Street Parking (associated with residential uses) Storage of Recreational Vehicles or Boats Storage of Equipment in an accessory building or behind a screening device Home Occupations Non-Commercial Greenhouses Non-Commercial Recreation Facilities Associated with Residence e R-1 * P * ZONES R-2 * P P R-3 C 'p P r: ,ft MH * P P See Section 10-1000 * P C C C * * * * A A A A A A C P P C .p P C P P P ( AB) P ( AB) P (AB) I P P P C P * * A A A A A A P P C P A A A A A A * * * * A ~.~. '.. A A A A A e e r:::: ~~ -29- USES (SIC CODE II) ZONES R-1 R-2 R-3 MH Tool Houses, Sheds, Storage Building ,.. (Non-Commercial Associated with Residence) A A A A Boarding or Renting of Rooms ( 1 person max.) A A A A Off-Street Loading (Refer to Sect. 10-700) * * A * Off-Street Parking (Refer to Sect. 10-600) A A A A Petroleum Pipelines (Restricted to existing pipeline corridors) P P P P Residential Density Bonus, as provided in Sect. 5-800 G C C C C Secondary Dwelling Units C P P * 1 5-700 Table B - Residential 2,3,4* 5,6,10 7* 8* Min. Min. Min. Max. Min. Min. Max. Lot Uses Lot Lot Yard Height Site Devel. Coverage/ Area/D.U. Width Setbacks Area/ Open Sp./ Min. Land- S. F . L.F. L.F. Unit Unit scaping F.R.S. S.F. S.F. Req. 9 Single 9100 Family 6000 50 25-15-5 35 Ft. 4.8 40%/N/A Detached DU/A Single Family 43560 Large 43560 100 25-15-5 45 Ft. 1.0 30%/N/A Lot DU/A ~- ~ Single Family 7300 Special 4500 40 20-10-0 35 Ft. 6.0 Footnote 60%/N/A Lot, 0 DU/A 111* Lot Line .e e ~ ~ -30- 2,3,4* 5,6,10 7* 8* Min. Min. Min. Max. Min. Min. Max. Lot Uses Lot Lot Yard Height Site Devel. Coverage/ Area/D.U. Width Setbacks Area/ Open Sp./ Min. Land- S.F. L .F . L.F. Unit Unit scaping F.R.S. S. F . S.F. Req. 9 5400 Duplexes 6000 60 20-10~5 45 Ft. 8.0 Footnote 60%/N/A DU/A 111* Single Fam. converted to 6000 50 20-10-5 35 Ft. N/A N/A 50%/N/A Multi-Fam. Townhouses, Quadru- 4400 plexes 2000 20 20-10-5 45 Ft. 10.0 Footnote 75%/6% (10,000 DU/A 111* s.f. of site area 100 ft. wide) Multiple 1600 Family 20000 100 25-20-20 45 Ft. 27 200 60%/6% DU/A Manufactured 7300 Housing 4500 40 20-10-5 25 Ft. 6.0 Footnote 60%/6% DU/A 111* Manufactured Housing 100 Subdivision of front N/A N/A N/A N/A N/A/N/A or Parks road (5 Ac. Min. ) frontage Group Care Facilities (less than 25-20-10 25 Ft. N/A N/A N/A/6% 6) & Day Care Homes ."~ <'!' Public or Private Educational & Religious Insti- tutions, Large 30-20-10 45 Ft. N/A N/A N/A/6% Group Care Facilities Daycare Centers, Recreational Bldgs., Boarding, and Nursing Homes e e r _ft. -31- 8* Uses Min. Lot Area/D.U. S.F. Min. Lot Width L .F . 2,3,4* 5,6,10 Min. Yard Setbacks L.F. F.R.S. Max. Height 7* Min. Site Area/ Unit S.F. Min. Devel. Open Sp./ Unit S.F. Max. Lot Coverage/ Min. Land- scaping Req. 9 Freestanding On Premise Signs See Section 10-1000 5-701 Table B Footnotes 1. Lot Size Reauired DeveloDed ODen SDace/Lot 5000 - 6000 Sq. Ft. 200 Sq. Ft. 4000 - 4999 Sq. Ft. 300 Sq. Ft. 3000 - 3999 Sq. Ft. 400 Sq. Ft. 2000 - 2999 Sq. Ft. 500 Sq. Ft. a. Min. size of developed open space - 1/2 acre for every 80 units or fraction thereof. b. All required developed open spaces must be operated and main- tained by a homeowners association, subject to the conditions established in Section 10-102 of this Ordinance, with all documentation required to be submitted for filing in conjunction with the final plat. (See also La Porte Development Ordinance Section 4.04). 2. A minimum landscape setback of twenty feet (20') will be required adjacent to all conservation areas. Buildings, parking areas, and refuse containers will not be allowed in such setback area. These areas are to be landscaped with trees, shrubs, and ground- cover, with a planting plan required to be submitted and approved by the enforcement officer. 3. The minimum setback adjacent to any utility easement shall be three feet (3'). ,.~. f4" 4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one(1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one (1) adjacent structure. In no case shall the minimum front yard setback exceed thirty feet (30'). e e .....-: 1ft -32- 5. All side yards adjacent to public R.O.W.'s must be ten feet (10'). 6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet (10'). 7. D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. 8. All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials con~ structed below or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external forces as defined by the Standard Building Code, or in the case of a modular home, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the Southern Building Code. 9. See Section 10 - 500 through Section 10 - 508 for additional requirements. 10. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet (3') and six feet (6') as measured above adjacent road grade. Section S - 800 Special Use Performance Standards-Residential A. Reauired Screening 1. A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effec- tive screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet (6') in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet (2') of the required screen. 2. Standards: a. Width of planting strip - four feet (4'). ,-'* b. Type of planting - evergreen. c. Size of plants - Minimal height of four feet (4') at time of planting. Must reach a height of six feet (6') within two (2) years. d. Planting density - Such that within two (2) years of normal growth, a solid screen will be formed to a height of at least six feet (6') above adjacent grade. e e .. -- -33- 3. Screening will be required in the following situations: a. Parking areas for recreational bUildings, community~centers, religious, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abuttting uses. 4. Required screening will count toward the required percentage (%) of landscaping. B. Traffic Control The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic through low density residential areas. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the Director of Community Development. The proposed development should be adequately served by a collector or arterial street without circulating through low density.residential uses or districts in the following cases; 1. Junior or senior high school, junior colleges and technical institutes. 2. Manufactured housing subdivisions. C. Compatibilitv with Surrounding Area The architectural appearance and functional plan of the building(s) and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the development. The proposed development is to be compatible with the existing and planned use of the area and conflicts are not to be created between the pro- posed use and existing and intended future use of the surrounding area. w.'~ D. Required License Obtained All necessary governmental permits and licenses are secured with evidence of such placed on record with the City. e -37- 6 - ~o~ Densitv/Intensitv Regulations Refer to Table B - Commercial 6 - ~04 Special Regulations and Procedures e Refer to Article 10: Special Regulations Permitted Uses (subject to designated criteria established in Section 6-600) Permitted Uses Accessory Uses (subject to requirements of Section 10-300) Conditional Uses (subject to requirements of Section 10-200) and designated criteria established in Section 6-600 Not Allowed Section 6 - 400 Table A - Commercial P ( ABC) P A C * USES (SIC Code #) All uses permitted or/accessory in R-3 zone, except single family detached and special lot All conditional uses in R-3 zone Agricultural service (076-078) Amusements (791-799) Arrangements for shipping or transport (472-473) Apparel and accessory stores (561-569) Automotive dealers and service stations (551,552,553,555-559) Automotive repair, services (751-754) Banking (601-605) Building construction - general contractors (152-161) Building construction - special trade contractors (171-179) ZONE CR NC P C * * * * * * * * p .~ * GC P C P P P p p P .>'",..... P P P e -38- USES (SIC Code #) Building materials, garden supply (521-523, 526-527) Business services (731,732,736-738) Business services (7359) Commercial amusement - adult, 5,000 feet from all schools, residences, churches, parks, or other public buildings or uses Communications (481-489) Convenience stores (5411) Credit agencies (611-616) Drug stores (591) Eating & drinking places (5813) Eating places (5812) Electric, gas and sanitary services (491,4923,493,494,4952) Engineering, architectural, accounting services (871-872) Food stores, general (541,542,544,545,549) Freestanding on premise signs Governmental and public utility buildings (911-922,9631,4311) Grocery, fruit & vegetable stores (542,543) Hardware stores (525) Home furnishing stores (571-573) Hotels and motels (701,701,7032,704) Hospitals, laboratories (806-809) Insurance, real estate, legal, stock & commodity brokers, agents (641-679) . ~ ~#II ZONE CR NC GC * p * p * P (A,B,C,D) * p * p p p * p p p * p p p p p p p * p See Section 10-1000 j - * p p p ..,.. .,.... p p p p p p * * * p e -39- USES (SIC Code #) Laundry (plants) (7216-7219) Membership organizations (861-869) Misc. retail (592,593,5948,596-599,5399) Misc. repair services (762-764) Misc. shopping (5941-5947,5949,5992-5994) Motion picture theaters (7832) Museums, art galleries (841-842) Offices for doctors, dentists, etc. (801-805) Passenger transportation (411-415) Personal services (7211-7215,722-729) Reproduction, photography, and cleaning services (733-734) Repair services (7699) Retail bakeries (546) Securities and insurance (621-639) Service stations (554) Underground pipelines (461) Veterinary services (0742) Video rental & Sales shop Parking ramps and structures Commercial PUD (Refer to Sect. 10-100) Open and outdoor sales Open and outdoor storage Off site parking Joint parking e ZONE CR NC l\ .--- - GC * P * P 'p * P P P P * P * P P P * P P P P P * P P P * P P * P P P P P P P P C C ,..... .$' * C * C c C c C e e -40- USES (SIC Code #) ZONE CR NC Drive-in or drive through facilities as an accessory or principle use C Kennels, boarding (0752) Kennels, breeding (0279) * Unlisted Uses, similar to uses listed above ~ ft GC C c * C C C ,.,.". e e ~ ~ -41- Section 6 - 500 Table B - Commercial Uses Min. Land- scaping Re~ Max. Lot Cov. (1,3,4,6) Min. Yard Setbacks F. R. S. (2,6) Adj. to Res. Min. Yard Setback F. R. S. Max. Height R-3 Uses (Permitted) 6% Density Intensity Regulations Specified in Table B, Residential, Sect. 5-700 CR Comm. Recreation Dist. ; all permitted or conditional NC Neighborhood Co mm . ; all per- 6% 50% 20-10-0 20-10-10 45 Ft. mitted or condi- tional GC General Comm. ; all permitted or 6% 40% 20-10-0 20-20-10 45 Ft. conditional Outside sales N/A N/A 5-5-5 Same as Prin- N/A or services ciple Use See Outside storage N/A N/A 20-10-5 Same as Prin- Sect. ciple Use 6-600B Freestanding On Premise Signs See Section 10-1000 6 - 501 Footnotes ,~ ~\". 1. A minimum landscape setback of twenty feet (20') will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse container's will not be allowed in such setback area. These areas are to be land- scaped with trees, shrubs, andgroundcover, with a planting plan required to be submitted and approved by the enforcing officer. e e ~ ~ -42- 2. Screening is required in conformance with Section 6-600(A) of this Ordinance. 3. All yards adjacent to public righ~:of-way must be a minimum of ten feet (10'). 4. The minimum setback adjacent to any utility easement shall be three feet (3'). 5. See Section 10-500 through Section 10-508, for additional requirements. 6. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet (3') ~nd six feet (6') as measured above adjacent road grade. Section 6 - 600 Soecial Use Performance Standards A. Reauired Screening 1. A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet (6') in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet (2') of the required screen. 2. Standards a. Width of planting strip - four feet (4'). b. Type of planting - evergreen. c. Size of plants - Minimal height of four feet (4') at time of planting. Must reach a height of six feet (6') within two (2) years. d. Planting density - Such that within two (2) years of normal growth, a solid screen will be formed to a height of at least six feet (6') above adjacent grade. 3. Screening will be required in the following situations: :.' '. a. Parking areas for recreational buildings, community centers, religious, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. 4. Required screening will count toward the required percentage (%) of landscaping. e e ~ ~ -48- Section 7 - 400 HI - Heavy Industrial District 7 - 401 Purp.ose The purpose of the "H-I" Heavy Industr'ial D i str ic tis to prov ide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or commercial use. 7 - 402 Permitted, Accessorv and Special Conditional Uses Refer to Table A - Industrial 7 - 40~ Densitv/Intensity Regulations Refer to Table B -Industrial 7 - 404 Soecial Regulations and Procedures Refer to Article 10: Special Regulations Section 7 - SOO Table A, Industrial P (ABC) Permitted Uses (subject to designated criteria established in Section 7-700) P Permitted Uses A Accessory Uses (subject to requirements of Section 10-300) C Conditional Uses (subject to requirements of Section 10-200) and designated criteria established in Section 7-700 * Not Allowed USES (SIC CODE #) All uses permitted or/Accessory! in the GC Zone, except residential B-I P ZONE L-I H-I P P All uses conditional in the GC Zone, except residential C C C ...... Non-Manufacturing Industries Air transportation (451-458) P P P General contractors, heavy construction (161,162,1541) P P P e -49- USES (SIC COD~;) Highway transportation terminal and service facilities (417) Motor freight transportation and warehousing (421,423) Farm product warehousing and storage (4221) Public warehousing (4222-4226) Railroad transportation (401) Shipping container, or fabricated plate work (3443) storage inside storage outside (refer to Sect. 6-600(B)) \olholesale trade Durable goods - light (502,504,507,5082,5087,5094) Durable goods - medium (501) Durable goods - heavy (5052,503,5051,5082-5085,5088,5093) Wholesale trade Non-durable goods - light (511-514,518) Non-durable goods - medium (5172,5191-5199) Non-durable goods - heavy (515,516,5171) Manufacturing Industries Chemicals & allied products (282-285) Electrical & electronic equipment & supplies Light (361-365,367) Medium (361,366,369) e r:::; " B-I ZONE L-I H-I P P P * p P * P p I P P P * * P P(ACDE) P(ACDE) P * P(ACDE) P P P P P P P * C P P P P C P P * * P ,..,,~ * P(ACDE) P 1 P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P e e r:::; ~ '" -50- USES (SIC CODE #) B-1 ZONE L-1 H-1 Fabricated metal products & machinery Light (341-345,358,3592) Medium (3493,3498,351-353,356) Heavy (346,347,354,355,357) Heavy (348) P(ACDE) P(ACDE) P * P(ACDE) P P(ACDE) P * * * P Food and kindred products Light (202,205,2065-2067) Medium (2086,2087,2092-2099) Heavy (201,203,204,2062,2063, 207,2082-2085) Leather & leather products (311-319) Welding shops (7692) P(ACDE) P(ACDE) P C P(ACDE) P * C P C P(ACDE) P P(ACDE) P(ACDE) P 1 I Lumber products, furniture & fixtures Light (251-259) Medium (243-245) Heavy (249) P(ACDE) P(ACDE) P C P(ACDE) P * C P Measuring, analyzing and controlling instruments (381-387) Miscellaneous manufacturing (391-396) Machine Shops (3599) P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P Miscellaneous manufacturing industries (3991-3995) * P(ACDE) P Off premise freestanding signs On premise freestanding signs See Section 10-1000 See Section 10-1000 ,,.,.. Paper and allied products (265-267) Printing and publishing (271-279) * * P P(ACDE) P(ACDE) P Rubber and miscellaneous plastics (301,302,304,306,307) * C P e e r:::; _'It. -51- USES (SIC CODE #) B-1 ZONE L-I H-I Stone, clay, glass and concrete (321-325, 3261, 327-329) * c P Textile mill, and finished products Light (224,225,231-239) Medium (222,223,226,229) Tobacco manufacturers (211-214) P(ACDE) P(ACDE) P * P(ACDE) P P(ACDE) P * Loading berths at the front or sides of buildings adjacent to R.O.W. C C C C C Industrial PUD (refer to Sect. 10-100) c c C Unlisted uses, similar to uses. listed above c 7 - 501 Footnotes 1. All permitted uses in industrial zones must meet the following minimum performance standards. If requested by the Enforcement Officer, allapplications for building permits must include a certification from a registered engineer that verifies compli- ance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compli- ance with the appropriate federal, state, or local regulations. A. Lighting and Glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be per- mitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which casts light on _,* residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property. B. Radiation and Electrical Emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. e e .... . 'It. -52- C. Smoke. The emission of smoke by any use shall be in com- pliance with and regulated by the appropriate Federal, State or local agency. D. Dust or other Particulate Matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate Federal, State or local agency. E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate Federal, State or local agency. F. Exolosives. No activities involving the storage, utili- zation, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically Ijcensed by the City Council. G. Noise. All noise shall be muffled so as not to be objec- tionable due to intermittence, beat frequency or shrill- ness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band Freauency Maximum Sound Levels - Decibels I II Residential District Cycles per Second Lot Line Boundarv 20 to 75 78 63 75 to 150 74 59 150 to 300 68 55 300 to 600 61 51 600 to 1200 55 45 1200 to 2400 49 38 2400 to 4800 43 31 Above 4800 41 25 Impact Noise 80 55 Between the hours of 10:00 P.M. and 6:00 A.M. the permissible sound levels beyond Residential District boundaries (both Column II and Impact) shall be six (6) decibels less than shown above. '..... In distances where it is determined that a proposed land use may generate a level of noise that will impact on surrounding land uses, the Planning Commission and City Council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping and site planning techniques. e e r:::; -- -53- Section 7 - 600 Table B, Industrial Uses (4 ) Minimum Land- scaping Require- ments Max. Lot Cov. (1,3,5) Minimum Yard Setback F. R. S. (2,5) Adjacent to Res. Min. Yard Setback F. R. S. Maximum Height BI Business- Industrial Park; all permitted or conditional 6% 50% 50-40-30 50-40-30 45 Ft. LI Light Industrial District; all permitted or conditional 2% 70% 20-10-10 30-50-50 45 Ft. HI Heavy Industrial District; all permitted or conditional N/A 30% 50-50-30 100-150-150 45 Ft. Loading Docks N/A N/A 130-130-130 Same as principal use plus 130 ft. N/A Outside storage N/A N/A 20-10-5 Same as principal use Sect. 6-600 B On and off premise freestanding signs See Section 10-1000 '..... Section 7 - 601 Footnotes 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be land- scaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. e e .... ~ 'It. -54- 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and grou~d cover, with a planting plan required to be submitted and approved by the enforcement officer. 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of-way, or rail service spurs. 4. See Section 10-500 through Section 10-508 for additional requirements. 5. No sign shall be located in a required sight triangle in such a manner as to obstruct traffic visibility at a level between three feet (3') and six feet (6') as measured above adjacent road grade. Section 7 - 700 Soecial Use Performance Standards A. Traffic Control The traffic generated by a use shall be channelized and con- trolled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residen- tial areas. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with traffic movements, and shall be subject to the approval of the Director of Community Develop- ment. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public right-of-ways. Ingress lanes shall be from the least heavily travelled street wherever possible. B. Dra inage On request, a drainage plan for the proposed development shall be submitted to the Director of Community Development for review and approval. .4'" C. Compatibility with Surrounding Area The appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The proposed development shall be compatible with existing and planned use of the area and conflicts shall not be created between the proposed use and existing and intended future uses of the surrounding area. . . ~ ~~ -66- 2. Building Permits Applications for building permit shall be reviewed and approved by the Building Inspector after considering action and conditions imposed by the City Council. Such-applications shall be examined to determine if they are in compliance with this Ordinance and the final development plan. 3. Zoning Permit A Zoning Permit shall be secured in compliance with Section 11-300. Section 10 - 200 Soecial Conditional Use Permit Regulations for all Conditional Uses in all Zoning Districts 10-201 General Conditions 1. A special conditional use permit may be granted by the City Council for the construction of a building and/or the establish- ment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. 2. Upon application for a special conditional use permit and sub- mission of a general plan, major development site plan, minor development site plan, or preliminary plat (as the case may be), the City Planning and Zoning Commission shall conduct a public hearing, duly advertised and with proper notice being given to all parties affected, as provided in Section 11-507. Said general site plan, major development site plan, minor develop- ment site plan, or preliminary plat shall be drawn to scale and shall show the arrangement of the project in detail, including parking facilities, location of buildings, building uses to be permitted, means of ingress and egress, and other pertinent information, together with the information required by the Development Ordinance of the City of La Porte. 3. After public hearing and upon recommendation of the City Planning and Zoning Commission, the City Council may modify the Final Planned Unit Development Plan and issue a Special Conditional Use Permit containing such requirements and safeguards as are neces- sary to protect adjoining property. 4. Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an exten- sion of time granted after application to the Planning and Zoning Commission. <4 If construction is terminated after the completion of any stage and there is ample evidence that further development is not con- templated, the ordinance establishing such special conditional e e r:::; --- -67- use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. 5. Every special conditional use permit granted as provided' herein shall be considered as an amendment to the Zoning Ordinance as applicable to such property. 10 - 202 Conditions for Aooroval. A Soecial Conditional Use Permit shall be issued only if all of the following conditions have been found. 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. 2. That the conditions placed on such use as specified in each district have been met by the applicant. 3. That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. 10 - 203 Amendments The procedure for amendments for a Special Conditional Use Permit shall be the same as for a new application. 10 - 300 Accessory Buildings, Uses and Eauioment 1. No accessory buildings, uses or structures shall be erected or located in any required yard other than the rear yard except: A detached private garage, or carport, as defined, may be permitted in side yards, provided: (1) they comply with all the requirements of this section; (2) they shall be five feet (5') or more from side lot lines; and (3) the side yard does not abut a street right-of-way. ~'. Accessory Buildings built on a skid foundation, no larger than one hundred twenty (120) square feet and no more than one story in height may be located in utility easements in required rear yards, except that they may not be located closer than three feet (3') from a side or rear property line or closer than six feet (6') from any other structure. . e ~ _191 -68- 2. Accessory buildings, uses and structures shall not exceed fifteen feet (15') in height, shall be three feet (3') or more from all lot lines, shall be six feet (6') or more from any other building or structure on the same lot, and shall not be located upon any utility easement. 3. Private garage structures with vehicular access doors facing public alleys, as defined in the Public Improvement Construc- tion Policy and Standards, shall be twenty feet (20') or more from the alley right-of-way. Detached garages located in rear yards of corner lots shall be set back a minimum ten feet (10') from the property line abutting the side street right-of-way. 4. Detached private garages, as defined, may be twenty feet (20') in height, or the height of the principal structure, which- ever is less. 5. No accessory builidng, or carport garage for single family dwellings shall occupy more than twenty-five percent (25%) of a rear yard, nor exceed one thousand (1,000) square feet of floor area. Large Lot Residential Only: Accessory buildings in single family residential large lots may not exceed two thousand (2,000) square feet of floor area, and must be located at least thirty feet (30') from any property line. 6. No permit shall be issued for the construction of more than one (1) detached private garage or carport structure for each dwelling. 7. Wind generators, for producing electricity or other forms of energy shall not be located in any yards other than the rear yard and must be set back one hundred fifty feet (150') from all property lines or the height of the structure, whichever is greater. 8. It shall be unlawful for any person to leave, stand, or park a commercial motor vehicle, pole trailer, semi-trailer, shipping container, trailer, truck (other than a light truck as defined herein), or a truck tractor on any property zoned for residential use. Boats or recreational vehicles parked /'''''' or stored in a rear yard are not subjected to the restric- tions imposed by this section. 9. No accessory uses or equipment except for air conditioning structures or condensers may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view. e e ~ ~~ -69- 10. Domestic Livestock: Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic livestock as defined above be restrained no closer than twenty five feet (25') from property that is not devoted to the keeping of domestic livestock, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: a. Two (2) cows per acre b. Two (2) horses per acre c. Two (2) hogs per acre d. Two (2) sheep or goats per acre. In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of City of La Porte Ordinance No. 1358 shall apply in any event. 11. Breeding Kennels (Dogs & Cats Only): Breeding Kennels for Dogs & Cats only, are a permitted accessory use on lots in excess of 43,560 square feet, provided that all of said kennels are licensed according to the City of La Porte Ordinance No. 1559 and any amendments or additions thereto. Provided further that all animals must be boarded in enclosures located no closer than one hundred feet (100') from any property line. The requirements of City of La Porte Ordinance No. 1358, and any amendments or additions thereto shall apply in any event. 10 - 303 Commercial-Industrial Accessory Structures and Uses Structures and buildings accessory to commercial or industrial principal uses shall meet all setback and height requirements of the district they are in as if they were principal struc- tures. Accessory buildings or structures shall not exceed thirty percent (30%) of the gross floor area of the principal use. 10 - 304 Swimming Pools, Spas, and Hot Tubs No swimming pools, spas, or hot tubs shall be erected or located in any required yard except in accordance with the following provisions: ...... . . r::; -" 2. Fences: Swimming pools, spas, and hot tubs shall be enclosed within a fence at least four feet (4') in height. Fences shall meet all requirements of City of La Porte Ordinance No. 1059. In the case of a pool located in a front yard adjacent to the shoreline of Galveston Bay, see Section 10-502. Section 10 - 400 Exceotions 10 - 401 Yard Requirements The following shall not be considered as encroachments on yard setback requirements. 1. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like, provided they do not project more than four feet (4') into any front or rear yard, and two feet (2') into any side yard. 2. Terraces, decks, patios, or similar features, provided they do not extend more than one foot (1') above the height of the exterior finish grade elevation, or to a distance less than two feet (2') from any lot line, or encroach upon any utility easement. Further, pools shall not be considered as an encroachment on a front yard setback, provided that said pools are located in a front yard adjacent to Galveston Bay, and provided further that said pool does not extend more than one foot (1') above the exterior finish grade elevation, or to a distance less than two feet (2') from any lot line or encroach upon any utility easement. ,* e e r:::; "' -71- 3. Rear Yards OnlY: An unenclosed, attached patio cover, awning, or canopy, provided that no portion of said patio covers, awnings, or canopies shall encroach into any utility easements, or any vertical projection thereof, and provided further that no pbrtion of said patio covers, awnings, or canopies shall be located at a distance less than five feet (5') from the side property line or three feet (3') from the rear property line, or any verti~al projection thereof. 10 - 402 Height Requirements The building height limits established in this Ordinance for distances shall not apply to the following except if they are located within an airport height restriction area: 1. Belfries; 2. Chimneys or flues; 3. Church spires, not exceeding twenty feet (20') above roof; 4. Cooling towers; 5. Cupolas and domes which do not contain usable space; 6. Elevator penthouses; 7. Flag poles; 8. Monuments; 9. Parapet walls extending not more than three feet (3') above the limiting height of the building; 10. Water towers; 11. Poles, towers, and other structures for essential services 12. Necessary mechanical and electrical appurtenances; 13. Television and radio antennas not exceeding twenty feet (20') above roof; 14. Wind electrical generating equipment. 10 - 403 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, except for the following: 1. Clothes line poles and wires; 2. Construction and landscaping material currently being u sed on the premi ses; .,,"~ 3. Off-street parking of passenger vehicles and light trucks, as defined in this Ordinance; 4. Firewood, compost, or residential lawn and garden tools. e e .. r-.:::; ,~ -72- Section 10 - ~OO General Fencing and Landscaping Requirements 10 - 501 No fences, structures, grading, or barrier hedges"shall be permitted within any front yard areas except in the case of large lot residential lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided below. 10 - 502 In the case of large lot residential lots, six feet (6') perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet (4') front yard fences are permitted parallel and adjacent to the side lot lines. However, said fences shall not be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These excep- tions do not permit structures, grading, or barrier hedges. 10 - 503 Within side yards and rear yards, fences of not higher than six feet (6') excluding six inch (6") rot boards and walls forty-two inches (42") high or less shall be permitted. 10 - 504 Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed ten feet (10') in height. 10 - 505 Both sides of the fence must be maintained in good condi- tion by the owner of the fence. 10 - 506 Barbed wire fences shall not be permitted, used or con- structed except in industrial districts or to control livestock as hereinafter provided. 10 - 507 Property line fences in any industrial district shall not exceed eight feet (8') in height except that: 1. Fences erected along a property line in common with ~'. a residential district shall be subject to the pro- visions herein described in residential district fences, and 2. Fences in industrial districts which are primarily erected as a security measure may have arms project- ing into the applicant's property on which barbed wire can be fastened commencing at a point at least e e r: --!! -73- seven feet (7') above the ground, and such fence shall not be erected within the required landscaped portion of any yard or the front yard setback of any industrial establishment. 10 - 50B Landscaoin~ A. Landscaping is required in percentages specified in Sections 5-700, 6-500, and 7-600. Site plan and/or separate landscape plans shall be submitted in conjunction with building permit applications. Approval of landscape requirements is a condi- tion of building permit approval. 1. Total area of required landscaping shall be computed by the following method: a. Total developed site area shall be computed. b. Total area of roofed over improvements shall be computed and then deducted from the developed site area. c. The area of required landscaping shall be based on the total remaining developed site area. B. Public right-of-way may be used for landscaping purposes. However, right-of-way used for landscaping will not con- tribute towards a total required landscaping percentage for parking and open-space areas. Landscaping on public property or easements is at owner's risk and subject to the requirements of Section 10-504. C. Landscaping plans shall be developed using the following criteria: 1. Location a. Required landscaping shall be located in the front and side yard. b. Landscaping located in sight triangles shall be maintained in a manner that maintains an area of clear visibility between three (3) and six (6) feet as measured vertically from the adjacent prevaling grade. ... 2. Tyoes of Plants and Materials a. Grass, ground cover, flowering and non-flowering plants, shrubs and trees, wood, timber, stone, fountains, and ponds may be used for required landscaping. e e r:::; . ~ -74- Section 10 - 600 Off-Street Parking Requirements 10 - 601 Puroose A. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. B. In parking lots comprised of twenty-five (25) or more spaces, a maximum of eight percent (8%) of required parking spaces may be developed as landscape islands (subject to the requirements of Section 10-508[c]). These islands shall count towards the total percentage of landscaping required in Sections 5-700, 6-500, and 7-600. 10 - 602 Apolication of Off-Street Parking Regulations The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City. 10 - 603 Site Plan Drawing Necessary All applications for a building or a zoning permit in all zoning districts shall be accompanied by a certified site plan drawn to scale and dimensioned indicating the compliance with the requirements set forth in this Section. 10 - 604 General Provisions 1. Floor Area The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimen- sions of the buildings, structure or use times the number of floors, minus fifteen percent (15%). '. 2. Reduction of Existing Off-Street Parking Space or Lot Area Off-street parking spaces and loading spaces or lot area existing upon the effective date of this Ordinance shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use. ~ e e r:::; -" -75- 3. Non-Conformin~ Structures Should a non-conforming structure or use be damaged-or destroyed by fire, it may be re-established if elsewhere permitted in these zoning regulations, except that in doing so, all off-street parking or loading spaces shall meet the requirements of this Ordinance. 4. Change of Use or Occuoancy of Land No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which ,reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. 5. Change of Use or Occuoancy of Buildin~s Any change of use of occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such addi- tional parking spaces as required by these zoning regula- tions. 6. Garage Requirement Every single family dwelling unit hereafter erected shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located and accessed on said lot. 7. Residential Use Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers, semi-trailers, shipping containers, trailers, trucks, or truck tractors. Boat or recreational vehicles, are not subjected to the restrictions imposed by this section. .* 8. Calculating SDace a. When determining the number of off-street parking spaces results in a fraction, each fraction of one half (1/2) or more shall constitute another space. b. In stadiums, sport arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each e e r:::; ~ -7- Commercial Amusement or Recreation: An enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gates of "the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent show, ferri s wheel s, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises. Commerc ial Amusement or Recreation - Adul t: An enterprise whose main purpose is to provide adults with an amusing or entertaining activity. Such activity must be restricted to adults only, licensed in accordance with other city ordinances, and may be only located in accordance with the provisions of this Ordinance. Commerc ial Motor Vehicle: transportation of persons capacity in excess of one purposes. Any motor vehicle designed or used for the or property for hire, with a rated carrying ton, including every vehicle use for delivery Commission: The Planning and Zoning Commission of the City of La Porte. Common Prooerty: A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Condominium: Two (2) or more dwelling 'units on a lot with individual owner ship of a un it rather than a spec ific parcel of real property; together with common elements. See Section 81.001 et seq, Texas Property Code, and S.B.C.C.I. Conservation Area: A designation on the land use and zoning maps representing an area of natural undeveloped land, characterized by scenic attractiveness. When so designed, all conservation areas require a minimum setback of twenty feet (20') from the edge of the stream or bayou bank, right-of-way line, or other natural features. Convalescent Home: persons recovering compensation. Any structure used or occupied by three (3) or more from illness or receiving geriatric care for Corne r Lot: A lot abutting upon two (2) or more ex ist i ng or proposed street right-of-ways at their intersections. ..... Curb: For purposes of this Ordinance, a restraint located upon the edge of a parking lot, not necessarily continuous, that restrains automobiles or other vehicles from access to an adjOining street, sidewalk, alley way, adjacent property, or other adjoining use. As defined in this Ordinance, the term "Curb" includes a generic precast concrete curb stop. Density: The measure of a degree to which land is filled with units designed to accommodate a particular use as said use is set forth in this Ordinance. Measurements allow inclusion of internal streets and e e --~ ..-- - - -8- public ways required to be dedicated in calculating density per acre. Streets dedicated, improved and accepted prior to pla~ting or the property shall not be counted. Department: Porte. The Community Development Department of the City of La Develooed Site Area: That area which is being developed as per definition by Development Ordinance. Develooment Ord inanc e: The City of La Porte Development Ord inanc e, being Ordinance No. 1444, together with any amendments thereto. D irec tor: Tha t person hold ing the position of D i rec tor of Community Development for the City of La Porte or his designated representative. District: A "district" is a zoning district which is a part of the City wherein regulations of this Ordinance are uniform. Dormi tory: A space in a unit where group sleeping accommodations are provided with or wi thout meals for persons not members of the same family group in one room or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, military barracks, and ski lodges. Dupl ex: A "duplex" is a bu ild ing bu il t for, occup ied by, or intended for the occupancy of two (2) families, and containing two (2) dwelling units. Dwelling: A dwelling is a building or portion thereof other than manufactured housing or recreational vehicles, designed and used exclusively for residential occupancy, including one-family dwellings, two-family dwell ings, and mul tiple-family dwell ings, but not including hotels, motels or lodging houses. Dwelling, Attached: An "attached dwelling" is one which is joined to another dwelling at one or more sides by party wall or walls. Dwelling, Detached: A "detached dwelling" is one which is entirely surrounded by open space on the same building lot. Dwelling, Single FamilY: A residential building, other than manufactured housing or recreational vehicles designed for occupancy for one (1) fa mil yon 1 y . .- ,* Dwelling, Multi-Family: A residential building designed for occupancy of three (3) or more families, with the number of families not to exceed the number of dwelling units. Dwelling, Two FamilY: Refer to Duplex. Dwelling Unit: A single unit providing complete, independent living facilities for one (1) or more person including permanent provisions for living, sleeping, eating, cooking and sanitation. e e r-::::;; ." -9- Effie iency Apartment: An apartment without a bedroom separate from other living quarters. Enforcing Officer: The Chief Building Official of the City of La Porte or his designated representative. FamilY: A "family" is any number of related persons or, not more than four (4) unrelated persons living as a single housekeeping unit. Fence: A man-made structural barrier erected on or around a piece of property or any portion thereof. Floor Area: The sum total area of all floors as calculated from measurements to the outside walls. Foundation System: An assembly of materials constructed below, or partially below-grade, not intended to be removed from its installation si te, which is designed to support the structure and engineered to resist the imposition of exterior natural forces, as defined by the Southern Standard Building Code. Such foundation system shall be skirted or enclosed with wood, or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appearance of adjacent housing. Freestanding Sign or Ground Sign: Any sign supported by one (1) or more columns, poles, uprights, or braces anchored in or on the ground and not attached to any building. Garage, Private: A "private garage" is an accessory building designed or used for the storage of motor vehicle owned and used by the occupants of the building to which it is an accessory. Garage, Public: A "public garage" is a building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor driven vehicles. Glare: Emitted light which exceeds sixty (60) footcandles. Grade: A referenced plane representing the average of finished ground level adjoining the building and all exterior walls. Grand Ooening: The formal offering by a new business of its goods, I wares, merchandise, service, entertainment, or activity. ..,.. Greenway Cor r idor: A publ icly owned system of tra il s and walkways, patterned in the open space and pedestrian system plan, and is designated on the land use map, park zone map, and zon ing map of the City of La Porte, that link existing and proposed neighborhood, community, and regional parks with each other and other proposed activity areas of the City. These trails and walkways, are in their majority within existing right-of-way, but may be within proposed right-of-way to be acquired by the City of La Porte. Greenway corridors are a special use site, as said special use site is defined in the City of La Porte Development Ordinance, Section 12.07. e e r:::; ~" -10- Grouo Care Facilities: ,Residential facilities designed to provide a transition from traditional treatment facilities to normal daily living for special populations such as the mentally retarded~ physically handicapped, or substance users. These facilities include but are not limited to half-way houses and group homes. Height of Building: The vertical distance from grade to the highest finished roof surface in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than 2.5/12; height of a building in stories does not include basements and cellars, except as specifically provided otherwise. Hardshio: A determination made by the Zoning Board of Adjustment in hearing a variance request in accordance with Section 11-600 (f) of this Ordinance. Home Owners Association: An incorporated, nonprofit organization opera t ing und er recorded I and agreements through which (a) each lot and/or homeowner in a planned uni t or other described land area is automatically a member, (b) each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge, if unpaid, becomes a lien against the property. Home Occuoation: An occupation limited to custom production, repairing, and servicing, conducted at a dwelling unit, provided it conforms to the following definitions, and provided that said occupation does not involve general retail sales: a. No person other than members of the family residing in the premises shall be engaged in such occupation; b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding two (2) square feet in area, non-illuminated, and mounted flat against the wall of the principal building; ~ .. d. No display, visible from the exterior of the dwelling shall be connected with such home occupation; e. There shall be no outside storage of any kind, including vehicles or equipment connected with such home occupation; f. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neigh- borhood, and any need for parking generated by the conduct of such home occupation shall be met off the street; e e ~~ft -11- g. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or elec- trical interference detectable to the normal sense off the lot, if the occupation is conducted in a single-family resi- dence. In the case of noise, the level shall not exceed 50% of the values established in Section 7-501 1G. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or caus&s fluctuations in the line voltage off the premise. Ho soi tal, San i ta r ium, Nurs ing or Conval escent Homes: A bu ild ing or portion thereof, used or designed for the housing or treatment of sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, or apartment hotel ordinarily intended to be occupied by said persons. Identification Sign: Any sign which carries only the firm, business or corporate name, the major enterprise on the premises, or the principal products offered for sale on the premises. Landscaoed: Adorned or improved by contouring land and placing thereon live flowers, shrubs, trees, grass, wood, stone, and ponds or streams. Light Truck: manufacturers include those excess of one Any truck (as defined in thi s art icl e) with a 1 imi ted rated carrying capac i ty. This definition is intended to trucks with said rated carrying capacity being not in (1) ton, panel delivery trucks and carryall trucks. Loading Berth: A parking area provided for commercial motor vehicles, designed for the receipt or distribution by said vehicles of materials or merchandise to or from the use to which said parking area is accessory. Lot Area oer Dwell ing Unit: "Lot area per dwell ing unit" is the lot area required for each dwelling unit located on a building lot. Lot Coverage: Area under roof on any given lot. Lot, Corner: A "corner lot" is a building lot situated at the intersection of two (2) existing or proposed street rights-of-way, the interior angle of such intersection not exceeding 135 degrees. Lot, Depth: "Lot depth" is the mean horizontal distance between the 'till- front lot line and the rear lot line of the building lot measured within the lot boundary. Lot, Interior: An "interior lot" is a building lot other than a corner lot. Lot Line: A "lot line" is a boundary of a building lot. Lot Line, Front: A "front lot line" is that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a e e r:::; ~ -12- front and rear yard are provided adjacent and opposite, respectively to the front lot line. Lot Line, Side: A "side lot line" is any boundary of a building lot which is not a front lot line or a rear lot line. Lot Line, Rear: The "rear lot line" is that boundary of a building lot which is most distant from and is, or is most nearly parallel to the front lot line. Lot of Record: A "lot of record" is an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the State of Texas with the County Clerk (of the County of Harris, Texas) or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the County Clerk. Lot, Single FamilY Dwell ing, Spec ial: Any residential lot for single family dwell ing purposes with an area of less than 6,000 square feet, but greater than 4,500 square feet. Lot, Through: A "through lot" is a building lot not a corner lot, both the front and rear lot lines of which adjoin street lines. On a "through lot" both street lines shall be deemed front lot lines. Lot, Width: The "lot width" is the minimum distance measured in a straight line between the side lot lines of a building lot along a straight line, which shall be on the side of the building. Manufactured Housing or Mobile Homes: A structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty feet (40') in length, or, when erected on si te, is three hundred twenty (320) or more square feet in size and which is buil t on a permanent chassis and designed to be used as a dwell ing wi th or wi thout a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Such manufactured housing mayor may not be constructed under H.U.D. specifications. Manufactured Housing Parks: A development under single ownership intended for the rental or leasing only of manufactured housing units. Manufactured Housing Subdivision: A subdivision designed and/or intended for the sale of lots for residential occupancy by manufactured.~ housing meeting H.U.D. specifications as established under the National Manufactured Housing Construction and Safety Act. Modular Building: A building, built to specifications of the Texas Manufactured Housing Standards Act, and the Texas Department of Labor and Standards (T.D.L.S.) Rules and Regulations designed to be placed on a permanent foundation system consistent with the above requirements. Said modular home or modular building must bear a T.D.L.S. decal permanently affixed to each transportable section or modular component of each modular building to indicate compliance with the State standards. A modular home is not a mobile home as defined herein. e e r:::; ~ -13- National Manufactured Housing Construction and Safety Act of 1q74: The Federal Act which governs the standards for construction, design, and performance of manufactured homes or mobile homes huil t in the United States since June 15,1976 defined as homes meeting H.U.D. specifications. New Business: A project or undertaking which involves the use of any property, building, or structure, permanent or tempora~y, for the primary purpose of conducting in said building or structure or on said property a leg i tima te commerc ial enterpr i se or other non-res idential use, in compliance with all ordinances and regulations of the City of La Porte and when such project or undertaking is new to the premises. Provided however, a change in ownership of at least fifty percent (50%) of the ongoing project or undertaking shall constitute a new business, for the purposes herein and, provided further, expansion of an existing building or structure shall constitute a new business if such expansion increases the size of the area devoted to primary use, in building floor square footage, by not less than fifty percent (50%). Occuoancy: Any utilization of property. Office Trailer: A structure, transportable in one (1) or more sections which is built on a permanent chassis and intended to be used for office space or storage with or without a permanent foundation system and with or wi thout utility connections. Office trailers as defined are only allowed subject to the following conditions: (1) Office trailers may be used as construction offices or temporary storage buildings only on construction sites. (2) No office trailer shall be moved on to a construction site until the required building permit has been issued. (3) All office trailers shall be removed from a construction site once work is completed or abandoned. (4) In no case shall an office trailer be used for overnight sleeping purposes. Off Premi se Sign: Any sign which d i rec ts at tent ion to commodity, service or entertainment offered elsewhere premises where such sign appears. any business, "1- than on the On Premise Sign: Any sign which directs attention to a business, I commodi ty, service or entertainment offered on the same premises where such sign appears. Ooen Soace: Area, excluding parking, street, alley, service walk Of-...... other service areas, but including any side, rear, or front yard or any unoccupied space on a lot that is unobstructed to the sky, except for the ordinary projections of cornices, eaves, porches or trellises. a. Developed open space shall be defined as recreational space developed with facilities for either active or passive recre- ation not within any required yard. tit e po::; .,. -14- Parking Soace: A "parking space" is a surfaced area, designed to control dust and moisture, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a surfaced driveway connecting the parking space with the street or alley permitting ingress and egress of ari automobile. A "parking space,,'~r any requisite maneuvering area incidental thereto shall not occupy any public right-of-way. Party Wall: A fire wall on an interior lot line, used or" adapted for joint service between two (2) buildings. Planned Unit DeveloRment: A land area characterized by a unified site design which (a) has individual building sites and provides common open spaces, and (b) is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building si tes or other common property. The ownership of the common property may be either publ ic or private. It may be a single planned unit development as initially designed; or as expanded by annexation of additional land area; or a group of contiguous planned unit developments, as separate entities or merged into a single consolidated entity. Pole Trailer: Every vehicle without motive power designed to be drawn by another vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transportation of long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Publ ic Improvements Cri teria Manual (P. I. C. M. ): The set of standards set forth by the Director of Community Development and approved by the City Council to determine the specific technical requirements for construct ion to publ ic improvements. The manual may be acqu i red from the Community Development Department, and is on file in the City Secretary's Office. Public Parks: A "public park" is any publicly owned park, playground, beach, parkway, or railroad within the jurisdiction and control of the City. QuadraD~: Four single-family dwelling units joined by common sidewalls, and/or common floors/ceilings. Ranch Trailer: A tra il er des igned moveable personal of the raising of vehicle with or without motive power other than a pole for carrying livestock, ranch implements, or other.... property attendant to the business or recreational use livestock or crops. Recreational Vehicle: A camp car, motorhome, trailer, or tent trailer with or without motive power, designed for human habitation or recreational occupation, having less than three hundred twenty(320) square feet. e e r::::; ~ -15- Rest Home or Nursing Home: A private home for the care of the aged or infirmed or a place of rest for those suffering bodily disorders. Such homes do not contain facili ties for surgical care or the' treatment of disease or injury. Roofline: The height above finished grade of the upper beam, rafter, ridge or purlin of any buiding. Semi-Trailer: Every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Setback Line: The closest point to any property line or utility easement which may be occupied by a structure. Setback, Sign Measurement: The closest point to any property line which may be occupied by any sign, as defined by this Ordinance. This point shall be determined by measuring perpendicularly from adjacent property lines. Shiooing Containers: Sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed cha ssi s, used in intrastate, interstate and international commerc e for the shipment of goods and merchandise. Shipping containers may be converted for use as buildings subject to the following conditions: (1) Shipping containers may be used as accessory buidings only. (2) In all zones except Heavy Industrial, shipping containers used as accessory buildings shall be screened from public view. (3) Any shipping container used as an accessory building shall be subject to all requirements and restrictions of the zone in which it is located. Shoooing Center or Integrated Develooment: two (2) or more interrelated business driveways and on-site parking facilities. Sight Triangle: Triangular shaped area of clear visibility located at l all intersections including private driveways. The area of the triangle . shall be determined by eng ineer ing standard s .~.: A development consisting of establishments using common Single FamilY Residential Large Lot: Any single tract or lot compr i sed of at lea st 43,560 square feet of property, loca ted in R-1 zone, whose primary use is for a single family dwelling unit. Site Area Per Unit: The total area, including public and private streets, for a proposed development divided by the total number of units proposed. Used to determine the maximum density permitted for a development. e e 'II""'"": ~ -16- Sign: Any word, number, figure, dev ice, design or trademark by which anything is made known, as used to designate an individual, firm, profession, business, or a commodity and which is visible from any public street. Refer to S.B.c.C.I. for additional definitions. For the purpose of this ordinance, a sign is ~-structure. Site Plan. Certified: In the case of all uses, a scaled drawing showing the use of the land to include locations of buildings, drives, sidewalks, parking areas, drainage facili ties, and other structures to be constructed in relationship to surveyed boundaries. Such site plan shall be certified by a registered engineer or surveyor, I icensed as such in the State of Texas. Under the terms of the Development Ordinance of the City of La Porte, when a development site plan is required, said development site plan shall be prepared in accordance with the terms of said Ordinance and shall be accepted as a certified site plan as required herein. Standard Industrial Classification Code (SIC): The numerical code established by the U.S. Department of Commerce and used in the Stan~ard Industrial Classification Manual, 1987 as amended and supplemented. Street, Private: A vehicular access way, under private ownership and private maintenance, providing access to buildings containing residential dwelling units without direct access to an approved public street right-of-way~ or a public right-of-way, however designated~ dedicated or acquired, which provides vehicular access to adjacent properties. Alleys, parking lots, and private driveways within shopping centers, commercial areas, or industrial developments shall not be considered as streets. Street, Publ ic: A publ ic right-of-way, however designated, ded icated, or acquired, which provides vehicular access to adjacent properties. Street, Thoroughfare: A public street designed for heavy traffic and intended to serve as a traffic artery of considerable length and cont inu i ty throughout the commun i ty and so designated on the City's Thoroughfare Plan. Spec ial Exceotion: Shall be only those exceptions prov ided for under Section 11-600 (e) of this Ordinance. Structure: That which is built or constructed. Structure, Princioal: The principal structure which fulfills th~._ purpose for which the building plot is intended. Substantial Imorovements: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure as determined by a licensed appraiser, either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, valuation before the damage occurred. Substantial improvement is started when the first al teration of any structural part of the building commences. . e l\ r -17- Townhouse: One (1) of a group of no less than three (3) nor more than twelve (12) attached dwelling units constructed in a series or group of attached un its with property lines separat ing such un i ts. " Trailer: Every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. ' Truck: Any motor vehicle designed, used or maintained primarily for transportation of more than nine (9) persons or property. Truck Tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Yard: A "yard" is an open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance__between the building site and the lot line shall be used. A "yard" extends along the lot line and at right angles or radial to such lot line to a depth of width specified in the yard regulations of the zoning district in which such building lot is located. Yard, Front: A front yard is a yard extend ing along the whole of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and the front of the principal building or any projections thereof other than stairs, unenclosed balconies, or unenclosed porches. In the case of the lots directly adjacent to the shoreline of Galveston Bay, the front yard shall be the yard extending along the whole of the lot line directly adjacent to the shoreline of Galveston Bay, and along the horizontal distance between the front lot line and the front of the principal building or any projections thereof, other than steps, unenclosed balconies, or unenclosed porches. Yard, Rear: between the between the projections porches. A "rear yard" is a yard extending across the rear of a lot side lot lines and being the minimum horizontal distance rear lot line and the rear of the principal building or any thereof other than steps, unenclosed balconies or unenclosed Yard, Side: A" side from the front yard distance between any the side lot line. ,;0;+- yard" is a yard extending along the side lot lin~ to the rear yard, being the minimum horizontal building or projections thereof except steps and Zoning District Mao: The "zoning district map" is the map or maps incorporated into this Ordinance as a part hereof by reference thereto. Zon ing Permi t: A wr i t ten instrument signed by the enforc ing officer authorizing a use described in this Ordinance, in conformance with Section 11 - 300 of this Ordinance. .. e e .... 'It. -18- ARTICLE FOUR: GENERAL PROVISIONS Section 4 - 100 Certified Site Plan Reauired Any person desiring to improve property shall submi t to the Enforcing Officer a certified site plan of said pr'emises and information on the location and dimensions of existing and proposed buildings" and parking lots, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to this Ordinance. a. In the case of residential construction, a certified site plan shall not be required when: 1) Said residential construction is only for an accessory building of less than 200 square feet; or 2) Said construction is on lots or tracts that have been surveyed by a registered surveyor, and have all pro~ perty corners permanently marked and visible. Section 4 - 101 No development shall occur upon land designated as a conservation area, unless a waiver is obtained from the City Council of the City of La Porte pursuant to the provisions of Section 12.07 of the Development Ordinance of the City of La Porte. Section 4 - 102 All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformi ty with ex i st ing streets and in accordanc e with the adopted thoroughfare plan of the City of La Porte. Section 4 10~ Except in the case of apartment or condominium developments, industrial developments and Planned Unit Developments, as provided for in this Ordinance, not more than one (1) principal building shall be located on a lot. The words "princ ipal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the Enforcement Officer shall be final, subject to the right of appeal to the Board of Adjustment. '. .'" See tion 4 -104 On a through lot wi thin res ident ial d i stric ts (a lot fronting on two (2) substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibi ted, and the min imum rea r yard setback shall be twenty feet (20') for appl y ing the yard and parking regulations of this Ordinance. Section 4 - 105 Except in a planned unit development, no building shall be located closer than ten (10) feet from any existing or proposed street right-of-way. e e /4 ~ '. ~ R~UEST FOR CITY COUNCIL AGE~ ITEM Agenda Date Requested: April 11, 1q88 Requested By: Joel Albrecht Department: Community Dev. Report Resolution x Ordinance Exhibits: 1) Ordinance 1501-C & Exhibits SUMMARY & RECOMMENDATION Ordinance 1501-C is an ordinance incorporating the amendments detailed in the attached exhibit 1 (Index of Zoning Text Changes) The amendments incorporated into this ordinance were considered during the City Council Public Hearing of March 14, 1988. The recommendation of these amendments has been made by the Planning and Zoning Commission as p~rt of the City's Six Month Zoning Ordinance Review. Action Required by Council: Consider adoption of Ordinance 1501-C. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO ~r City R~ ~ Herrera City Manager Council Agenda 01' /'B DA E { '. e e ORDINANCE NO. 150l-C AN ORDINANCE AMENDING ARTICLE III, OF ORDINANCE NO. 1501, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING OR MODIFYING THE DEFINI- TIONS OF ALLEY, BUSINESS FRONTAGE, DEVELOPED SITE AREA, FREESTAND- ING SIGN OR GROUND SIGN, GLARE, GRAND OPENING, IDENTIFICATION SIGN, LANDSCAPED, LIGHT TRUCK, LOT COVERAGE, NEW BUSINESS, OFFICE TRAILER, OFF-PREMISE SIGN, ON-PREMISE SIGN, ROOF LINE, SETBACK (SIGN MEASUREMENT) SHIPPING CONTAINERS, SHOPPING CENTER OR IN- TEGRATED DEVELOPMENT, SITE TRIANGLE, SINGLE FAMILY RESIDENTIAL- LARGE LOT, SIGN, STANDARD INDUSTRIAL CLASSIFICATION CODE (S.I.C.), YARD (FRONT); FURTHER AMENDING ARTICLE IV, SECTIONS 4-100, 4-200, 4-201.7, AND 4-202.4; FURTHER AMENDING ARTICLE V, SECTION 5-600, SECTION 5-700, SECTION 5-701, AND SECTION 5-800; FURTHER AMENDING ARTICLE VI, SECTION 6-400, SECTION 6-500, SECTION 6-501, AND SECTION 6-600; FURTHER AMENDING ARTICLE VII, SECTION 7-500, SECTION 7-600, AND SECTION 7-601; FURTHER AMENDING ARTICLE X, SECTION 10- 104(3), SECTION 10-300, SECTION 10-304, SECTION 10-508, SECTION 10- 605, SECTION 10-609, SECTION 10-705; ADDING ARTICLE X, SECTION 10- 900, AND SECTION 10-1000; AND FURTHER AMENDING ARTICLE XI, SECTION 11-400, AND SECTION 11-507(8); PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, tc-wit, on the 19th day of November, 1987, at 7:00 p.m., a public hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible amendment of the Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit "A", and incor- porated by reference herein and made a part hereof for all purposes, the publiSher's affidavit of publication of notice of said hearing. Section 2. Subsequent to such public hearing, the City of La Porte Planning and Zoning Commission met in regular session on February 11, 1988 at 7:00 p.m., to consider the Ordinance amend- ments which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and zoning Commission, by letter dated February 19, 1988, a true copy of which letter is attached hereto as Exhibit "B", and incorporated by w '. reference herein, and made part hereof for all purposes. Section 3. The City Council of the City of La Porte hereby finds, determines and declares that on the 14th day of March, 1988, e e Ordinance No. 1501-C, Page 2 a public hearing was held before the City Council of the City of La Porte, Texas, pursuant to due notice, to consider the recommenda- tion of the City of La Porte Planning and Zoning Commission. There is attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made a part hereof for all purposes, the publisher's affidavit of publication of notice of said public hearing for the City Council of the City of La Porte. Section 4. The City council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to the City of La Porte Ordinance No. 1501, the Zoning Ordinance of the City of La Porte, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's com- prehensive plan. Section 5. Article III, of the Zoning Ordinance of the City of La Porte is hereby amended by adding and/or amending the definitions contained on pages 5 through 18 of Exhibit "0", which additions and amendments are reflected by a solid black line appearing in the margin next to such added or changed material. The definitions added or amended are as follows, to-wit: Alley, Business Frontage, Developed Site Area, Freestanding Sign or Ground Sign, Glare, Grand Opening, Identification Sign, Landscaped, Light Truck, Lot Coverage, New Business, Office Trailer, Off- Premise Sign, On-Premise Sign, Roof Line, Set Back (Sign Measure- ment), Shipping Containers, Shopping Center or Integrated Develop- ment, Site Triangle, Single Family Residential-Large Lot, Sign, Standard Industrial Classification Code (S.I.C.), and Yard (Front). Said Exhibit "0" is attached in full hereto, and is fully incorporated by reference herein and made a part hereof for all purposes as if set forth verbatim herein. Section 6. Article IV, Section 4-100, Section 4-200, Section 4-201.7, and Section 4-202.4 of the Zoning Ordinance of the City of La Porte are hereby amended, modifying residential survey require- ments, and adding the calendar time period to enable determination '. of abandonment of non-conforming structures and uses. Said changes are highlighted by a black line in the right-hand margin appearing next to said changed material on pages 18 through 21 inclusive, of Exhibit "0". e e Ordinance No. l501-C, Page 3 Section 7. Article V, Section 5-600, Table A Residential~ Article V, Section 5-700, Table B Residential~ and Article V, Section 5-800, Special Use Performance Standards are hereby amended to reflect changes in the use table, establish a new category of permitted uses (subject to conditions), establish new regulations pertaining to landscaping and sign placement, and adding landscape screening standards and deleting screening fences. Said changes are reflected on pages 26 through 33, inclusive, and are indicated by a solid black line appearing in the right-hand margin next to said changed or added material on Exhibit "0". Section 8. Article VI, Section 6-400, Table A Commercial~ Section 6-500, Table B Commercial~'Section 6-501, Table B Commer- cial Footnotes~ and Section 6-600, Special Use Performance Stan- dards-Commercial are hereby amended to reflect changes in the Use Table, establish a new category of permitted uses (subject to conditions), establish new regulations pertaining to landscaping and sign placement~ and adding landscape screening standards and deleting screening fences. Said changes are reflected on pages 37 through 42, inclusive, of Exhibit "0", and are indicated by a solid black line appearing in the right hand margin next to said changed or added material on Exhibit "0". Section 9. Article VII, Section 7-500, Table A Industrial~ Section 7-600, Table B Industrial~ and Section 7-601, Table B Industrial Footnotes, are hereby amended to reflect changes in the Use Table, establish a new category of permitted uses (subject to conditions), establish new regulations pertaining to landscaping and sign placement, and adding landscape screening standards. Said changes are reflected on pages 48 through 54, inclusive, of Exhibit "0", and are indicated by a solid black line appearing in the right hand margin next to said changed or added material on Exhibit "0". Section 10. Article X, Section 10-400(3) Zoning Permit~ Section 10-300 Accessory Buildings Uses and Equipment~Section 10- 304 Swimming Pools, Spas, and Hot Tubs~ Section 10-508 Landscaping~ Section 10-605 Design Standards~ Section 10-609 Parking Table~ Section 10-705 Screening are amended to reflect changes in regula- '. e e Ordinance No. 1501-C, Page 4 tions pertaining to accessory buildings and uses, regulations pertaining to location and regulation of swimming pools, spas, and hot tubs, adding new sections regarding landscaping, amending parking requirements, amending driveway requirements, and screening requirements as indicated on pages 66 through 87, inclusive, of Ex- hibit "0", and are indicated by a solid black line appearing in the right hand margin next to said changed or added material on Exhibit "0". Section ll. Two new sections are hereby added to the Zoning Ordinance of the City of La Porte, being Article X, Section 10-900 Tree Preservation; and Article X, Section 10-1000 Interim Sign Regulations. Said new sections establish regulations regarding removal of trees and front and side yard setbacks, and provide for the location and placement of signs as defined. Said new sections appear on pages 88 through 92, inclusive, of Exhibit "0", and are indicated by a solid black line appearing in the right hand margin next to said added material on Exhibit "0". Section 12. Article XI, Section 11-400 Application Fees; Section 11-507.8 are hereby amended to reflect changes in the application fees and establish requirements for council vote needed to overturn a Planning and Zoning recommendation to deny a rezoning request. Said changes are reflected on page 96 and page 102 of Exhibit "0" are indicated by a solid black line appearing in the right hand margin next to said changed material on Exhibit "0". Section 13. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed One Thousand Oollars ($1,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 14. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed '. e e Ordinance No. 1501-C, Page 5 each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 15. 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 was 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 the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this or- dinance and the subject matter thereof has been discussed, con- sidered and formally acted upon. The City Council further rati- fies, approves and confirms such written nctice and the contents and posting thereof. Section 16. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (IO) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE DAY OF CITY OF LA PORTE , 1988. By: NORMAN MALONE, Mayor ATTEST: By: CHERIE BLACK, City Secretary '. .' ~' ..; ,...:;.;' " ~ ~. . (7'- ..... -......- The Baysllortt Sun 'Voice or The 8ayshore Since 1947' County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of November 04, 1987 ~-::::~B~ Office Manager c this /7f7-1 day of 17&l<!nt-&.!-v ~~CU7 ,~" J!~~~ Notary Public Harris County, ".............. Texas .......~ \.. ~ "" .... '" ........... .JI .. , .',. eo 0" . :: .. ,,' .,'.. 6J. '.. C' ~ : :" '~'*t. ~,..:. : .. r" '" ':t : . a:' ... 1-. . - ::11: .....,;:-i ~ .4l \ O,,,:Co: .~ 011 '.. "0 ..." .,;~ : '" .- -'. ~ .. t' ,,, ~ ..- .:' ..... ",~ .... ..-. ,;,.;: ~.. r r. ........ .. ~ ,~ "'. ::J ~ ' ?' ..... ..' Sworn and subscribed before me A.D. 19f1. " '. EXHIBIT A \ lFc:.~ ~R~ R , \) - '- ~,r ~ -... .. ~ , . ,f .- e e PUBLIC NOTICE NOTICE OF PUBLIC HEARING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning l:li1d Zoning C;ommission will conduct a public hearing at 7;00 p.m. on the 19th dllY of November, 1987, in the Council Chamoors of the City Hall, 604 West Fairrpont pcvkw~Y, La Porte, Texas, for the purpose 01 thee;ix-month review of the City 01 La Port, Zoning qrdinance, #1501, and the City of La p. orte Zoning Map.. The review q} the ~onin Map will specifically addrels tht folio; ing: . if All of Block 93, Bayfron on to the Town of La Porte, Harris Coljnty, Texas, Requested change from R-}. to General Commercial. . i 2.984 acre tract out of the \^I.M, Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978, Requested change from R-3 to Neighborhood Commercial. 1.239 acre tract out of the W,M, Jones Survey, La Porte, Harris County, Texas, and ooing out of that 198,898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review of the text of the Zoning Ordinance will specifically address defini- tions; use table; landscaping require- ments; parking requirements; accessory structure requirements; sign regulations; zoning procedures, including requiring three-fourths (3/4) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors, Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secret- ary, P.O, Box 1115, La Porte, Texas 77571, Citizens' wishing to address the Commission during the Public Hearing will be required to sign in before the meet- ing is convened. CITY OF LA PORTE Cherie Black City Secretary .. EXHIBIT A \ I""" ..... ~c. ~ ~~ \j~r__ lli' -1 \.... . - . . . J . ' ~ ' ' . '~.,: ," '. ,.' . '.. :':',."-: .' ., -, :,:', ~., .,,', '.:.' ' : " ' ': '. .. e e r:::; 1ft ~:. " INTER-OFFICE MEMORANDUM From: Mayor and City Council Doug Latimer, Chairman, ~ Planning & Zoning Commission To: Subject: Six Month Review of Zoning Ordinance and Map Date: February 19, 1988 For the past several months, the Planning & Zoning Commission, as required by Section 11-504, has been engaged in a review of City Zoning Ordinance Mo. 1051 and the City of La Porte's Official Zoning Map. The purpose of this review is as follows: "... [The Planning & Zoning Commission shall] revieu to determine ~lhether the Ordinance has become deficient, obsolete and inadequate for any reason, including the following: 1. Defects in the original text 2. Defects in the zoning map 3. Deficiencies created by improper or lax adninistration and subsequent amendments to the original ordinance which are inconsistent, conflicting or ambiguous. 4. Inconsistency with State Statutes or judicial decisions." Using these guidelines, the Commission has completed a comprehensive review of both the zoning map and ordinance. This revieu was conducted during study sessions, regular meetings and public hearings. Hhile the individually, categories: proposed they can amendnents be gro.uped are too numerous to into the follovling mention general A. r'lap issues ,...-;' 1. A change of zoning c18ssificaticn is proposed for three tracts. EXHIBIT B It e ~'It. Mayor and City Council Six Month Review Page 2 B. Text Issues 1. Correction of typographical errors throughout the ordinance 2. Definition changes 3. Administrative changes 4. Use table changes 5. Landscaping requirements 6. Accessory building & use changes 7. Parking requirement changes 8. Sign requirements including Interim Sign Regu13tions The Planning &: Zoning Comli1ission \'lould lilce to point out to the City Counc il that Sec t ion 11-507 (8) of the proposed dra ft for the Zoning Ordtnance does include a pai~agraph concerning existing permissive legislation on the "3/4 rule". If the City Council kept this paragraph in the draft, it would require three-fourths of the li1embers of the City Council voting affirmative in order to overturn a recomli1endation for denial of a proposed use change by the Planning & Zon ing Commiss ion. It \Jould anI y take a s ililple ma j or i ty to deny a recoli1mendation in favor of a change classification from the Planning & Zoning Commission. This section is based on a provision of state law. The law is permissive in that Cities ai"e allowed, rather than required, to incorporate this type of provision into their zoning ordinances. The City Staff has discussed the legislation with the legal council for the Te~:as Hunicipal League. They told the City of La Porte that "most cities did utilize the 3/4 rule and that the Texas t~unicipal League favored its usage, but being permissive, the City Council must rule on it before adoption". The Commission has no objection to the inclusion or the exclusion of this requirement in the ordinance, we are forwarding it to Council for your consideration. Except as noted above, the Planning & Zoning Commission reconmends adopt ion of all proposed amendr,len ts to City Zon ing Ord inance No. 1501 and to the City of La Porte Zoning Map. DL/nd '- ;1f' :...~. EXHIBIT B e e r-::: ,.. 1200 Hwy. 146 Suite 180 P,Q. Box 1414 '. ,::~~.~j~ The Ba~~~~re Sun 'Voice Of The 8ayshoreSince 1947' ( ( La pone. Texas 77571 (713) 471-1234 County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of February 28, 1988 Jc~~ j.,&~'{~~-L- () Sandra E. Bumgarner Office Manager Sworn and subscribed before me A.D. 1951-. t his d.!l!f day 0 f 7~-<<",{..'(J ~:'b<<~~ ),.. $.L('~..-o Nota y Public . Harris County, Texas , ".."........,. "f., ....., \ " ~ S """ ....... '\", \, .........-.. t.J ". ~ ".,- ,0, -'. 61 .". 1 ....' #y ,~ " 6' ..~ S "" .: ~,*., t. ~,..~, :-.'.. y~~: ;Z::~- I&.~: .~ _.AI. ooi:'.(O" \ tJ') ", ....." . "Iv.",~.: C'v ~. ..~... ~J"" ~ ,,1 \Ia .... ....~ -, ,~ -" .'-. " .p ,,"" ....... ~..' "" ':1 11 .. ~ .,~~' 0., .' ..4 .'. EXHIBIT C ~ PUBLIC NOTICE . NOTICE OF . PUBLIC HEARING I In accordance with Ordinance 1501, I the City of La Porte Zoning Ordinance, , notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 p,m, on the 14th day of March, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of receiving public input on the six-month review of the City,~\ La Pope Zoning Ordinance, #15'd1, apd the,lCity of La Porte Zoning Map. ThEf revr' " of the Zoning Map will specifi~lry... ad. ress the following: _4., ,. /'/ i .' . ;Air of 'BIOCkc 3, BaYfrOn~ Addition 'to the i Town of laPorte, Harris County, Texas. , Reque ...ste d...~'C h.. a.. ng.. e. '. 03........ .....-..... t.o.. G.. enera.I.. i commertI.4d).,.. . ..1 " J '... ....,. ! 2.984'acr~ tract 0 . :Of'." ~~.M,"JOnes Survey, La Porte,~ arris County, Texas, I and being ornr/1at 198.898 acres of la~d shown s Tisct 3 on the plat of the Falrmont Pa k1ttrea by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3, to Neighborhood Commercial.' .' . : ; /, . '~.'. '.' -','.;" '; ;"':>~~:.> . .;, r': 1.239 acre tract out of the W.M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-.3 to Neighborhood , Commercial. . ...1,. _.._ ':. The review of the text of the Zoning Ordin~nce wills-pecifically address defini- tions; landscaping requirements; parking requirements; accessory structure requirements; interim sign regulations; zoning 'procedures, including requiring three-fourths (314) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors, Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Tex- as 77571. Citizens wishing to address the Council during the Public Hearing will be required to sign in before the meeting is, convened. . ..,...,.......:..,......."...1--"":"'.....'-..; CITY OF LA PORTE Cherie Black . . ' . " City Secretary 'j .' ......!.... -.... r. . ~ ~ ", 'f" EXB111Iif C ~ , 'w ..( tit e r ..'It. -5- Section 2 - 800 Land Use Districts For the purpose of thi s Ord inanc e, the City of La Porte is hereby divided into land use development districts as follow: District Symbol District R-1 Low density residential R-2 Mid density residential R-3 High density residential MH Manufactured housing district NC Neighborhood commercial district GC General commercial district CR Commercial recreation district BI Business-industrial park district LI Light industrial HI Heavy industrial PUD Planned unit development district ARTICLE THREE: DEFINITIONS Section ~ - 100 Definitions For the purpose of this Ordinance, certain terms and words are hereby defined; terms not defined herein shall be construed in accordance with adopted building codes or their customary usage and meaning. Abutting: Having property or district lines in common, or two (2) objects in immediate contact. Access: Means of approaching or entering a property, includes a right of passage to and from an adjacent street. Accessory Use or Building: An "accessory use or building" is one customarily a part thereof, which is clearly incidental and secondary to permitted use and which does not change the character thereof, including but not limi ted to garages, carports, bathhouses, greenhouses, tool sheds, or swimming pools. Acc essory Struc tu re: A detached, subord inate structure, the use of. "<If- which is clearly incidental and related to that of the principal structure or use of the land, and which is located in the same lots as that of the principal structure or use. Alley: A public way which, when at least twenty feet (20') in width, may be used for vehicular service access to the back or side of properties otherwise abutting on a street or highway. EXHIBIT D e - ~ -- -6- Aoartment: See dwelling - multi-family. Board of Adiustment: The Zoning Board of Adjustment of the City of La Porte. Boarding House: A building, built and/or used for residential purposes, where meals for five (5) or more persons are served for compensation. Buildable Area: Area of the building site left to be built upon after the required yard area has been provided. Building: A "building" is any structure built for the support, shelter, or enclosure of persons, chattels or property of any kind and which is affixed to the land. Building Codes: All building regulations referred to as the Southern Building Code Congress International (S.B.C.C.I) as amended from time to time and adopted under the La Porte Code of Ordinances. Bu ild ing Insoec tor: As the term is used in thi s ord inance shall mean the designated Chief Building Official of the City of La Porte, or his designated representatives. Also see Enforcing Officer. Building Line: See setback line. Building Permit: An instrument in writing signed by the building inspector authorizing described construction on a particular lot. Refer to the Southern Building Code Congress International (S.B. C. C. I.) for additional information. -' Business Frontage: The linear measurement of the side of the building which contains the primary entrance of the building. City: City of La Porte. City Council: The words "City Council" shall mean the City Council of the City of La Porte, Texas. City Attornev: The City Attorney of the City of La Porte, Texas, or his authorized representative. City Manager: That person holding the office of City Manager under the terms of the La Porte Charter, or his authorized representative. /.. City Secretary: That person holding the office of City Secretary under the terms of the La Porte Charter, or his authorized representative. Clinic: An institution, public or private, examination and treatment of patients by an doctors, dentists, or other licensed members profession. or a station for the individual or group of of a human heal th care e e r:::; 'It. -76- twenty-two inches (22") of such seating facilities shall be counted as one (1) seat for the purpos~ of determining requirements. c. Should a structure contain'~wo (2) or more types of use, each use shall be calculated separately for determining the total off-street parking space required. 10 - 605 Design Standards (Also see Tables 10-1, 10-2, 10-~) 1. Parking Soace Size Each parking space shall not be less than eight and one- half feet (8 1/2') wide and eighteen feet (18') in length exclusive of access aisles, and each space shall be served adequately by access aisles. 2. Within Structures The off-street parking requirements may be furnished by providing a space so designed within the principal building of one (1) structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Ordinance. 3. Except in the case of single, two family and townhouse dwellings, parking areas shall be designed so that_circu- lation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two family and townhouse dwellings, parking area design which requires backing into the public street is prohibited. 4. In all cases, parallel parking spaces shall be twenty- two feet (22') in length. Except in the case of single family, two family, and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the standards contained in Tables 10-1 and 10-3: ....... e -77- 10 ~ 18' · I ~ " &0" ~I ~ " ~I 0-: . \k;), ~ ... \n ~ 900 t.'? ' &>5' e ~ -- . 1__ -/8 ' 19. !!~/8~/9.~' 57. ~ ' . ~ '..... ~- , ~ ~.50 18.!'-+-"'-+-/lS.! ' 48.1' FIGURE 10-1 e e r ~ -78- FIGURE 10-2 CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRIctS (R-1, R-2, R-3, MH) DRIVEWAY REQUIREMENTS 12 ' to 25' 2' to 5 ' 25' Min. I 10' Min. 3 ' Min. 90 5% Max. Drive Width Curb Return Radius Distance from Intersection Spacing between Driveway Distance from Side Lot Line Intersecting Angle Approach Grade FOR CONCRETE DRIVES ONLY: a. Material Min. 4" thickness w/ 6X6-6/6 W.W.M. b. Expansion Joint At property line c. Curb (if applicable) Curb disappearing at property line Obstruction Clearance Min. 3' from poles, hydrants, etc. * This distance shall be measured from the intersection of property lines common with street right-of-way lines. ..' ,.,. e e ~ " -79- FIGURE 10-3 CURB AND DRIVEWAY CRITERIA COMMERCIAL AND INDUSTRIAL DISTRICTS (CR, NC, GC, BI, LI, HI) DRIVEWAY CRITERIA REQUIREMENTS COMMERCIAL INDUSTRIAL Drive Width 20' to 25' 30' to 40' Curb Return Radius 10' to 1 5 ' 10' to 15' Distance from Intersection 40' * 40' Min. * Spacing between Driveways 40' Min. 40' Min. Number of Accesses 1/80'; 2/150' 1/80'; 2/150' % of Property Frontage Intersecting Angle 40$ 90 40% 90 Approach Grade 5% Max. 5% Max. Expansion Joint At Prop. Line At Prop. Line Curbs Disappearing at Prop. Line Disappearing at Prop. Line Obstruction Clearance 5' Min. 5' Min. Distance from Side Lot Line 10' Min. 10' Min. * The distance shall be mearsured from the intersection of property lines common with the street right-of-way lines. ,* e e P"::: - ~ -80- 5. Driveway Aooroaches Driveway approaches shall be a mInImum two feet (2") from the side property line in residential districts, and ten feet (10') from the side property line in business or industrial districts, or R-3 residential districts. 6. Surfacing All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of single family and two family dwellings, driveways and stalls shall be surfaced in conformance with the Public Improve- ments Criteria Manual. Plans for surfacing and drainage of driveway and stalls for five (5) or more vehicles shall be submitted to the Director of Community Develop- ment for his review and the final drainage plan shall be subject to his written approval. 7. Striping Except for single family, two family and townhouse dwellings, all parking stalls shall be marked with painted lines not less than four inches (4") wide. 8. Lighting Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public right-of-way. 9. Curbing: Except for single family, two family and townhouse dwellings, all open off-street parking shall have a curb barrier not closer than two feet (2') to all street frontage. 10. Reauired Screening All open, non-residential off-street parking areas of five (5) or more spaces shall be screened from abutting residential districts. The screening required shall consist of the following: ...,"0. a. A planting strip shall consist of evergreen ground- cover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet (6') in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet (2') of the required screen. e e r:::; 'It. -81- b. Standards: 1. Width of planting strip - four feet (4'). 2. Type of planting - evergreen. 3. Size of plants - Minimal height of four feet (4') at time of planting. Must reach a height of six feet (6') within two (2) years. ,. 4. Planting density - Such that within two (2) years of normal growth, a solid screen will be formed to a height of at least six feet (6') above adjacent grade. c. Screening will be required in the following situations: 1. Parking areas for recreational buildings, community centers, religious, and private and public educa- tional institutions. 2. Manufactured housing parks and subdivisions screened from abutting uses. d. Required screening will count toward the required percentage (%) of landscaping. 10 - 606 Maintenance It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain, in a neat and adequate manner, the parking spaces, accessways, striping, landscaping, and required fences. 10 - 607 Location All accessory off-street parking facilities required by this Ordinance shall be located and restricted as follows: 1. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of Section 6-600(E) & (F), off-site parking, and joint parking. J~ 2. Except for single, two family and townhouse dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. 3. There shall be no off-street parking within fifteen feet (15') of any street surface. 4. The boulevard portion of the street right-of-way shall not be used for parking. e e r:::; _ 'It. -82- 5. Setback Area Required accessory off-street parking shall not be pro- vided in front yard setbacks or in side yard setbacks in the case of a corner lot, in R-1 and R-2 Districts. 6. In the case of single family, two family, and townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways or one (1) open, surfaced space located on the side of a drive- way, away from the principal use. Said extra space shall be surfaced with concrete or bituminous material. 10 - 608 Use of ReQuired Area Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles as regulated by the junk vehicle ordinance. . 10 - 609 Number of Soaces Required The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/ or lease for and during the life of the respective uses here- inafter set forth. Such required parking shall include the required number of handicapped parking spaces as regulated by the City of La Porte Building Code, and the Southern Standard Building Code. USES (SIC CODE) NUMBER OF PARKING SPACES* REQUIRED FOR EACH Single family, attached or detached townhouses, duplexes, manuf. housing, patio homes, modular housing & up to (4) unit multi-family 2 Dwelling Unit '. Multi-family including condominiums 1 1.5 2.5 3 Efficiency Unit 1 Bedroom 2 " 3 or More Bedrooms * These numbers are the minimum required regardless of building or use size. e USES (SIC CODE) Group care facilities Daycare centers Recreational buildings, private clubs, community centers Libraries, museums Religious institutions, theaters, auditoriums Public or private educa- tional, elementary, & junior high school Senior high school Governmental & public utility buildings & structures Colleges & Technical Institutes Rest homes, nursing homes, (805) convalescent homes Hospitals (B06) Banking Credit agencies, business services, brokers, insurance, real estate, and holding companies (601-679 & 731-739) e -83- NUMBER OF PARKING SPACES* 1 " 1 1 10 Minimum, Plus 1 1 1 1 1 1 1 1 1 1 4 Minimum, Plus 1 1 1 1 r ~.ft REQUIRED FOR EACH 4 Beds Staff Member or Employee 5 Children Staff Hember 200 s.f. in Excess of 2,000 s.f. 1,000 s.f. in Excess of 2,000 s.f. 4 seats in Assembly Hall 20 students Staff Member 4 students Staff Member 300 s.f. of office 1.5 students Staff member 2 Beds 2 Beds 400 s.f. '... 300 s.f. * These numbers are the minimum required regardless of building or use size. e USES (SIC CODE) Hotel, motels, rooming houses (701-704) Misc. repair services, electrical, TV, & watch repair (762-769) Health, legal & social services (801-804,811 and 832) Manufacturing General contractors (152-162) Special trade contractors (171-179) Terminal & service facilities for motor vehicle passenger transportation (417) Motor freight transportation, storage, and warehousing (421-423) Wholesale trade, durable and non-durable (501-519) Building materials, hardware, garden supply & mobile home dealers (521-527) General merchandise stores, food stores, apparel and accessory stores, furniture & home furnishings, & misc. retail (531-549; 561-573; and 591-599; 553) Personal service, beauty and barber shops, etc. (721- 729 except 7218) Automotive dealers (551-559) (except 553-554) * -84- NUMBER OF PARKING SPACES* 4 Mini!'1um, Plus 1 1 2 3 3 1 3 1 3 1 3 1 1 3 1 1 4 1 4 4 1 1 e r:::; 11\ REQUIRED FOR EACH Rental Room Emp~ oyee 1 ,000 s. f. of shop area 1,000 s.f. 1,000 s.f. 1.5 employees 1,000 s.f./Office 3 non-offica employees 1,000 s.f./Office Fleet veh. stored on premise 1,000 s.f./Office 1.5 non-office employees Vehicle stored on premise 1,000 s.f./Office 1.5 non-office employees Vehicle stored on premise 1,000 s.f./Retail space 1.5 yard or open space employees 1,000 s.f./Retail space ,~ 1,000 s.f. Employee 500 s.f./showroom area These numbers are the minimum required regardless of building or use size. . e r:::; . ft -85- USES (SIC CODE) NUMBER OF PARKING SPACES* REQUIRED FOR EACH 4 Minimum, Plus Gasoline service stations (554) automotive repair, services & garages 2 Service Stall Eating & drinking establishment (581) 10 1,000 s.f. * These numbers are the minimum required regardless of building or use size. '..... e e r:::; .. -86- Section 10 - 700 Off Street Loading Reauirements 10-701 Puroose The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the pUblic right-of- way and so to promote the safety and general welfare of the public. By establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. 10 - 702 Location 1. All required loading berths shall be off-street and located on the same lots as the building or use to to be served. 2. All loading berth curb cuts shall be located at mInImum fifty feet (50') from the intersection of two (2) or more street rights-of-way. This distance shall be measured from the property lines common with the right-of-way lines. 3. No loading berth area shall be closer than thirty feet (30') from a residential district unless within a structure. 4. Loading berths shall not occupy the front yard setback or side yard setback if adjacent to a street right-of-way. 5. Each loading berth shall be located with appropriate means of vehicular access to a street of public alley in a manner which will cause the least interference with traffic. 10 - 703 Surfacing All loading berths and accessways shall be surfaced in con- formance with the Public Improvements Criteria Manual to control the dust and drainage according to a plan submitted and subject to the approval of the Director of Community Development. ., -.. 10 - 704 Accessory Use, Parking and Storage Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regu- lations shall not be used for the storage of goods, or inoperable vehicles and shall not be included as part of the space necessary to meet the off-street parking area requirements. e e r:::; 'It. -87- 10-705 Screening Except in the case of multiple dwellings all loading areas shall be screened and landscaped from abutting and surrounding resi- dential uses in compliance with the following: a. A planting strip shall consist of evergreen ground- cover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such pl~nting strip shall not be less than six feet (6') in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet (2') of the required screen. b. Standards: 1. Width of planting strip - four feet (4'). 2. Type of planting - evergreen. 3. Size of plants - Minimal height of four feet (4') at time of planting. Must 'reach a height of six feet (6') within two (2) years. 4. Planting density Such that within two (2) years of normal growth, a solid screen will be formed to a height of at least six feet (6') above adjacent grade. c. Screening will be required in the following situations: 1. Parking areas for recreational buildings, community centers, religious, and private and public educa- tional institutions. 2. Manufactured housing parks and subdivisions screened from abutting uses. d. Required screening will count toward the required percentage (%) of landscaping. 10 - 706 Size Unless otherwise specified in these zoning regulations the first loading berth shall be not less than fifty-five feet (55') in length and additional berths required shall be not less than thirty feet (30') in length and all loading berths shall be not less than ten feet (10') in width and fourteen feet (14') in height, exclusive of aisle and maneuvering space. .- '.. 10 - 707 Number of Loading Berths Required The number of required off street loading berths shall be as follows: e e ~ " -88- 1. Manufactured, Fabrication, Processing, Warehousing. Storing, Retail Sales, Schools and Hptels For such a building ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, one (1) loading berth fifty-five feet (55') in length, and one (1) additional berth for each additional fifty-thousand (50,000) square feet or fraction thereof. '. 2. Auditorium, Convention Hall, Exhibition Hall, Sports Arena or Stadium Ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, one (1) loading berth; for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof, one (1) addi- tional loading berth. 3. Public or Semi-Public Recreational Buildings, Communitv Centers, Private and Public Educational Institutions, Religious Institutions, Hospital, Clinics, Professional and Commercial Offices One (1) off-street loading and service entrances shall be provided, sized to meet the needs of the facility. 4. Nursing Homes and Similar Group Housing Serving in Excess of 16 Persons One (1) off-street loading space, sized to meet the needs of the facility. Section 10 - 800 Airport Height Restrictions RESERVED Section 10 - 900 Tree Preservation It is the intent of this Section to encourage the preservation of existing trees within the City of La Porte and to prohibit their unwarranted destruction. ...... Prohibited Conduct: It shall be unlawful for any person to cause or permit the destruction of any native tree within fifteen feet (15') of any street right-of-way line abutting the required front yard or within ten feet (10') of any street right-of-way line abutting the required side yard within the City of La Porte if such tree has a trunk which exceeds six inches (6") in diameter (or 18.84" circumference) e e r:::; . _'It. -89- at a point eighteen inches (18") above the natural ground level. Provided, however, it shall not be a violation pf this provision if a tree is removed and destroyed where, in the opinion of the Director of Community Development or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. .;.~~. ,* e e ~ lit -90- Section 10-1000 Interim Sign Regulations RESIDENTIAL USE TABLE A USES (SIC CODE #) Freestanding On Premise Identi- fication Sign for Townhouses, Multi-Family Developments, Group Care Facilities, Subdivisions, Education and Religious Facilities R-1 ZONES R-2 R-3 MH P p P P RESIDENTIAL USE TABLE B (8*) Uses Min. Lot Area/ D.U. S.F. (2,3,4*, 5,6,10) Min. Yard Setbacks L.F. F. R. S. Min. Lot Width L.F. Free- standing On Premise Signs 0-0-0 Footnote: (9) Max. (7*) Min. Lot Min. Devel. Cov./ Site Open Min. Area/ Space/ Land- Max. Unit Unit scaping Height S.F. S.F. Rea. Equal to Max. N/A N/A N/A/N/A Allowable ,''''''' '. 10. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet (3') and six feet (6') as measured above adjacent road grade. e USES (SIC CODE #) e -91- COMMERCIAL USE TABLE A CR Freestanding On Premise Signs Uses (5) Min. Land- scaping Rea. Freestanding On Premise Signs N/A Footnote: COMMERCIAL USE TABLE B Max. Lot COV. (1,3,4,6) Min. Yard Setbacks F. R. S. ZONES NC P (2,6) Adj. to Res. Min. Yard Setback F. R. S. 0-5-5 r::::. III GC P Max. Height 45 Ft. 6. No sign shall be located in sight triangle so as to obstruct traffic visibility at a level between three feet (3') and six feet (6') as measured above adjacent road grade. N/A 0-0-0 ~,,~ e e ..-:::; . . ~ -92- INDUSTRIAL USE TABLE A USES (SIC CODE fI) ZONES B-I L-I H-I On Premise Freestanding Signs P P P Off Premise Freestanding Signs * P P INDUSTRIAL USE TABLE B Uses (4) Minimum Landscaping Requirements Maximum Lot Coverage (1,3,5) Minimum Yard Setback F. R. S. (2,5) Adj. to Resid. Min. Yard Setback F. R. S. Max. Height On & Off Premise Freestanding Signs N/A N/A 0-0-0 0-5-5 45 Ft. Footnote: 5. No sign shall be located in a sight traingle so as to obstruct traffic visibility at a level between three feet (3') and six ~. feet (6') as measured above adjacent road grade. e e ...-:::; ~ -96- Permit for any use or structure not in conformance with this ordinance or any other ordinance of the City in accordance with state law. 11 - 304 Zoning Permit for Non-Conforming Uses, Lots and Structures A Zoning Permit shall not be required but may be applied for and shall be issued, for non-conforming uses, lots, or structures. However, in the event of any subsequent application or building permit or of any change in occu- pancy the Enforcing Officer may require other evidence that the non-conforming use, lot, or structure legally existed prior to the effective date such property became subject to the terms of these regulations. 11 - 305 Certificate of Existing Conforming Uses A Zoning Permit shall not be required but may be applied for and shall be issued for any existing use of land or structure which conforms to the requirements of these regulations. 11 - 306 Utility Connections - Prior Zoning Permit Approval Required For all new construction and the use of all existing and new structures, no public utilities under the City of La Porte's direction and control shall be connected to said building or structure until the zoning permit approval required by this Ordinance has been granted. " 11 - 400 Aoplication Fees All written requests shall be accompanied by a filing fee sufficient to offset all costs of publication and notice required by statute or ordinance but in no event less than the following: Zone Change Request . . . . . . . . . . . . . . . . . . . . . . . .. $ Special Conditional Use Request .............. Variance Request ............................. Special Exception Request .................... 100.00 100.00 100.00 50.00 ,- 11 - 500 City Planning and Zoning Commission The City Planning and Zoning Commission, created in accordance with Ordinance No. 681, dated June 17, 1963, of the City of e e ~.---- -102- 8. The affirmative vote of at least three-fourths (3/4) of the City Council is required to overrule a recommendation of the City Planning and Zoning Commission that a proposed change to this Ordinance or boundary be denied. Section 11 - 600 Board of Adjustment 11 - 601 Organization There is hereby created a Board of Adjustment consisting of five (5) members who are citizens of the City of La Porte and who are not members of the City Councilor the City Planning and Zoning Commission, each to be appointed by the City Council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filed for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. 11 - 602 Rules and Meetings The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as at least four (4) members of the Board of Adjustment may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Secretary and shall be a public record. The Board of Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determina- tion made by the enforcement officer in the enforcement of this Ordinance. 11 - 603 Powers and Duties e e ...-::: ~ EXHIBIT 1 InDEX OF ZONING TEXT CHANGES ARTICLE THREE: DEFINITIONS Section 3-100 Alley: Definition modified pg.5 Business Frontage: New definition - p~~6 Developed Site Area: New Definition - pg.8 Freestanding Sign of Ground Sizn: New definition - pg.9 Glare: New definition - pg.9 Grand ~~~: - New definition -'pg.9 Identification Si~n: New definition - pg.11 Landscap~: Definition modified - pg.11 Light Truck: Definition Modified - pg.11 Lot Coverage: New definition - pg.11 New Business: New definition - pg.13 Office Trailer: New definition - pg.13 Off Premise Sign: New definition - pg.13 On Premise Sign: New definition - pg.13 Roofline: New Definition - pg. 13 Shippin&-~ontainers: Definition modified - pg. 15 Shopping Center or Intergrated Development: New definition - pg. 15 Sight Triangle: New definition - pg. 15 Single Familv Residential-Large Lot: New definition - pg. 15 ~: Definition modified - pg. 15 Stand. Industrial Classif. Code(S.I.C.): Definition modified - pg. Yard, Front: Definition modified - pg. 17 16 '. e e fIIII"':::. ~ Text Change Index Page 2 ARTICLE FOUR: GENERAL PROVISIONS Section 4-100 Cetified Site Plan Required: Residential survey requirements changed - pg. 18 ~tion 4-200 Non-conforming - buildings, structures and uses: Changes as follow: 4-/01.7: Deals with abandonment of non-conforming structures: pg.20 4-202.4: Deals with hte abandonment of non-conforming ~: pg.21 ARTICLE FIVE: RESIDENTIAL DISTRICT REGULATIONS 5-600 Table A Residential Changes as noted: P(ABC) - Permitted subject to condjtions: New category - pg. 26 ~eding Kennels - A in all zones: New listing - pg. 27 ~nY~~ion of single family dwelling tQ no more than two familv mulit-family dwellings permitted in an R-2 & R-~: Listing change - pg. 27 Manufactured Housing Park: Changed listing - P(F,D) in M.H - pg. 27 G~~~e Facili~: Changed listing - C in R-3 - pg. 28 Child Care in Private Home: Changed listing - P in all zones - pg.28 ~care Centers: Changed listing - P in R-2, R-3 & M.H. - pg. 28 Religious Institutions: Changed listing - C in R-1; P(AB) in R-2, R-3 and M.H. - pg. 28 Jr. Colleges: New listing - C in R-2, P in R-3 - pg. 28 '. Civic Social and Fraternal Organizations: New listing - C in R-3 pg. 28 Secondary Dwellings: Changed listing - C in R-1, P in R-2,R-3 - pg. 29 e e ~. " Text Change Index Page 3 5-700 Table B - Residential Changes as follow: Landscaping percentages - New table category - pgs 29-31 5-701 Table B Footnotes Changes of following: Footnote #9: New footnote pertaining to landscaping - pg. 32 Footnote #10: New footnote pertaining to signs and site triangle - pg. 32 Section 5-800 Special Use Performance Standards Changes of following: A. ReQuired Screening Screening fences deleted, landscape screening standards added - pg. 32-33 ARTICLES IX: COMMERCIAL DISTRICT REGULATIONS Section 6-400 Table A Changes of following: P(ABC) - Dermitted with condition: New category - pg. 37 Business~vices (7~59) - (Rental Establishments): Listing change P(ABCD) - pg. 38 Video Rental and Sal~: New listing - P in N.C., G.C. - pg. 39 '. Kennels Bo~ding: New listing - C in G.G. - pg. 40 . e r-:::::: ~ Text Change Index Page 4 Kennels Breeding: New listing - C in G.C. - pg. 40 Unlisted Uses: New listing - C in N.C. & G.C. - pg. 40 Section 6-500 Table B Changes of following: Minimum Landscaping Percentages: New category - pg. 41 Section 6-501 Footnot~~ Changes of following: Footnote #5: New footnote regarding landscaping - pg. 42 Footnote ~6: New footnote regarding signs & sight triangles - pg. 42 Section 6-600 Special Use Performance Standarg~ Changes of following: A. Required Screening: Screening fences deleted; landscape screening standards established - pg. 42 ARTICLE SEVEN: INDUSTRIAL DISTRICT REGULATIONS Section 7-50~ Table A Changes of following: P(ABC) Permitted subject to conditio~: New category - pg. 48 '. .snipping Container - Inside storag,& : Conditional to P(ACDE) in B.1. and L.1. - pg. 49 Shipping Container - Outside storage: Conditional to P(ACDE) in L.1. pg. 49 ; e e ~~ Text Change Index Page 5 Wholesale trade - Durable goods - light: Conditional to permitted in B.I. - pg. 49 Manufacturing Industries, Chemicals & Allied Products: Conditional to P(ACDE) in L.I. - pg. 49 ~ectrical & Electronic Equipment - Light & Medium: Permitted to P(ACDE) in B.I. & L.T. - pg.49 Fabricated metal Droducts & Machinery - Li~ht: Permitted to P(ACDE) in B.I. & L.I. - pg. 50 Fabricated metal products & machinery - Medium: Permitted to P(ACDE) in L. 1. - pg 50 Fabricated metal oroducts & machinery - Heavy: Permitted to P(ACDE) in L.I. - pg. 50 Food & kindred products Light: Permitted to P to P(ACDE) in B.I. & L.I. - pg. 50 Food & kindred products - Medium: Permitted to P(ACDE) in L.I.- pg 50 Leather & leather products: Permitted to P(ACDE)in L.I. - pg. 50 Welding shops: New entry P(ACDE) in B.I, L.I., P in H.I - pg. 50 Lumber oroducts, furniture & fixtures - Light: Permitted to P(ACDE) in B.I. & L.I.-pg. 50 Lumber products, furniture & fixtures - Medium: Permitted to P(ACDE) in L.I. - pg. 50 Measuring analyzing & controling instruments: Permitted to P(ACDE) in B.I. & L.I. - pg.50 Miscellaneous Manufacturing: Added to B.I. as P(ACDE) permitted to P(ACDE) in L.I. - pg. 50 Machine ShODS: New listing P(ACDE) in B.I., L.I., P in H.I. - pg. 50 Miscellaneous Manufacturing Industries: Permitted to P(ACDE) in L.I.- pg. 50 '. Printing & Publishing: Permitted to P(ACDE) in B.I. & L.I. - pg. 50 Textile mill & furnished products - Light: Permitted to P(ACDE) in B.I. & L.I. - pg. 51 Textile mill & fUJ:nished products ~ MeQlYID: Permitted to P(ACDE) in L.I. - pg. 51 - e e p-:::. 'It. Text Change Index Page 6 Tobacco manufacturers: Permitted to P(ACDE) in L.I. - pg. 51 Unlisted uses: New listing - conditional in all zones Section 7-600 Table B Changes of following: Minimum Landscaping percentages: New category - pg. 53 Section 7-601 Footnote~ Changes of following: Footnote #4: New footnote regarding landscaping - pg. 54 Footnote #5: New footnote regarding signs & sight triangles - pg. 54 ARTICLE TEN: SPECIAL REGULATIONS Section 10-104(1) Zoning Permit: Term "Certificate of Occupancy" changed to "Zoning Pemit" to agree with rest of ordinance - pg. 66 SectiQn 10-300 Accessory Buildings Uses & Eauioment: Changes as follows: Item 1: Accessory buildings on skids - pg. 67 Ttem 2: Garage setbacks on corner lots - pg. 68 Item 5: Large lot residential accessory buildings - pg. 68 It~~1-11: Residential breeding kennels for dogs & cats - pg. 69 '. .. It e e ~ .1\ Text Change Index Page 7 Section 10-304 Swimming Pools, Spas & Hottubs: New section. regulating location of pools etc. pg. 69-70 Section 10-508 Landscaoing: New section dealing with landscaping - pg. 73 Section 10-605 Figure 10-2 Residential Drivewa~: Setback reduction - pg. 78 Figure 10-~ Commercial Drivewavs: Typo correction - pg. 79 Item #9 Curbing: Section clarified - pg. 80 Item 10 Required Screening: Modified to track other ordinance provisions Section 10-609 Parking Table: Parking requirements upgraded - pgs. 82-85 Section 10-705 ScreeQing: Modified to track other ordinance provisions pg. 87 Section 10-900 Tree Preservation: New section - pgs. 88-89 Section 10-1000 Signs: New section dealing with interim sign regulations - pgs. 90-92 Residential Table A: Regulates type and location of sign in "R" zones pg.90 Residential Table B: Regulates sign heights and setbacks in "R" zones pg.90 Commercial Table A: '. Regulates type and location of signs within NC and GC zones. pg.91 Commercial Table B: Regulates sign heights and locations within NC and GC zones. pg.91 Industrial Table A: Regulates type and location of signs within BI, LI, and HI zones. pg.92 Industrial Table B: Regulates sign heights and locations within BI, LI, and HI zones. pg.92 e e ORDINANCE NO. ISOl-D(A} AN ORDINANCE AMENDING ORDINANCE NO. ISOl, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 19th day of November, 1987, at 7:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incor- porated by reference herein and made a part hereof for all pur- poses. Section 3. Subsequent to such public hearing, the Planning and Zoning Commission of the City of La Porte met in regular ses- sion on the 11th day of February, 1988, at 7:00 p.m., to consider the changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and zoning Commission, by letter dated February 19, 1988, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the . proposed classification changes and the recommendation of the Planning and Zoning Commission on the 14th day of March, 1988, at 6:00 p.m., and pursuant to due notice, to consider the recommenda- e e Ordinance No. 1501-D(A), Page 2 tion of the Planning and Zoning Commission regarding the posSible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of said parcels of land shall hereafter be "NC-Neighborhood Commercial". The description of said parcels of land rezoned to Neighborhood Commercial is as follows, to-wit: Tract I. 2.984 acre tract out of the W.M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the FAIRMONT PARK area by Shaner, Hicks, and Cherry on December 3, 1978. Tract 2. 1.239 acre tract out of the W.M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the FAIRMONT PARK area by Shaner, Hicks, and Cherry on December 3, 1978. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amend- ments to the City of La Porte Zoning Map and Classification . contained in this Ordinance as amendments to City of La Porte Zoning Ordinance No. 1501 are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan. e e Ordinance No. l501-D(A), Page 3 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 was 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 the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this or- dinance and the subject matter thereof has been discussed, con- sidered and formally acted upon. The City Council further rati- fies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED THIS THE DAY OF , 1988. CITY OF LA PORTE By: NORMAN MALONE, Mayor ATTEST: By: CHERIE BLACK, City Secretary B APPROVED: . ~ .f e STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE e NOTICE OF PUBLIC HEARING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a pUblic hearing at 7:00 P.M. on the 19th day of November, 1987, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of the six-month review of the City of La Porte Zoning Ordinance, #1501, and the City of La Porte Zoning Map. The review of the Zoning Map will specifically address the following: All of Block 93, Bayfront Addition to the Town of La Porte, Harris County, Texas. Requested ch8nge from R-1 to General Commercial. 2.984 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. 1.239 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review of the text of the Zoning Ordinance will specifically address definitions; use table; landscaping requirements; parking requirements; accessory structure requirements; sign regulations; zoning procedures, including requiring three-fourths (3/4) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors. Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to address the Commission during the Public Hearing will be required to sign in before th~. meeting is convened. .- I " \ \ \ \ ".\ I ,I .' . I \. \ J I , ~ J 1 'I / (i , \ ,,' " 01' . I I , I 0 I I ~ l, I I I . . Ii .. 'I' '. 1\ ' ", CITY OF LA PORTE . \ (\ " ' (!Jc#~ /LJ-t-/ . ..... I ' Cherie Black I: '. I City Sect'etat'y 0,o.Ai' .. /Z-u-v-, .$1 IfJ7 EXHIBIT A ., .. .' .. e e ..---- THE STATE OF TEXAS X COUNTY OF HARRIS X CITY OF LA PORTE X NOTICE OF MEETING Notice is hereby given that the La Porte Planning and Zoning Commission will meet on the 19th day of November, 1987, in the Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 7:00 P.M. A Public Hearing on proposed changes to the City of La Porte Zoning Ordinance text and the City of La Porte zoning map will also be held at this time. A copy of the agenda for said meeting, showing the subjects of such meeting, is attached hereto. I hereby certify that I posted this Notice on the bulletin board located at a place convenient to the public at the City Hall of the City of La porte, at 5:00 P.M. on the 16th day of November, 1987, and that (I) said Notice was posted for at least 72 hours preceding the scheduled time of the meeting; or- (2) if this Notice was posted less than 72 hours but more than 2 hours before the meeting is convened, I hereby certify that said meeting was called because of an emergency or urgent public necessity limited to imminent threats to public health and safety or reasonable unforseeable situations requiring immediate action by the Planning and Zoning Commission. witness my hand and the Seal of the City of La Porte, Texas, this the 16th day of November, 1987. .... \ .\,\\ .' . \ \ ': J' I" , . \ " /J, I, ."" (\ ) I"", I " ,," ""., I, ,,/1/ .'1 ".' I , " IJ : l/ 1\ ",I; " ( . ~ 'l ~ I I ... I ~. I " f I <: ,'. I, ..', . '..... \ " )J . ",' " " 't' ;) I '\, ,I' , . ), I ' I I I . I . ,. , 'I, ,\ "I' \ \ , I \\, . \\\. '-\.' CITY OF LA PORTE (!)~ ~k. Cherie Black City Secretary . . ,... ...... ...... The lliiy~liorl Sun 'Voice Of The 8ayshore Since 1947' "">-:..J.- County of Harris state of Texas Before me, the undersigned authority, on this date carne and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of November 04, 1987 t::::~B!:::z:'~ Office Manager Sworn and subscribed before me this 17-p.1 day of d/;rzI.<Yit.-!t..I.-V A.D. 19f1.' ~ ') '1r' c--? /J ~c!./J /71, ~dw~ Notary Public "...... """""'" Harris County, Texas ,,',....~':~.~...~.... J .... '..:' __. <;1 . :.. .....9,) 6J. .."'"'. : :" .J~+.... ~,,:. :..' ,....:. ': ; J:: .. It.. ~~: .: ~ ~~ ~ O.,::(Q: .~ '" ~ "'0 ...'" ,,;~ : .'" : '. ~..:t '\ .. .. .- ...... ~ .....' ....,. ...:.- .... .... If. ........ ~,~ "'. J I ,~.,,, .1'" . EXHIBIT B \ .:J!' - . ." . - c.:. l;. "" \':-:: R . ,J - "'- (3 liL e e ...., PUBLIC NOTICE NOTICE OF PUBLIC HEARING In'accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning Ili1d Zoning C;ommission will conduct a public hearing at 7:00 p,m. on the 19th dllY of November, 1987, in the Council Chambers of jhe City Hall, 604 West Fairrllont PlVkw~y,La Porte, Texas, for the purpose of the six-month review of the City of La Port, Zoning qrdinance, #1501, and the City of La Porte Zoning Map. The review Q' the 1:onin Map will specifically aclclre,s thfJ 10110. ing: J" ~ ' All 01 Block 93, Bayfron ' on to the Town of La Porte, Harris Coljnty, Texas. Requested change from R-llo General Commercial. J . I 2,984 acre tract out of thcW,M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres 01 land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978, Requested change from R-3 to Neighborhood Commercial. . . 1.239 acre tract out 01 the W,M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198,898 acres of land shown as Tract 3 on the plat 01 the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review 01 the text 01 the Zoning . Ordinance will specifically address delini- tions; use table; landscaping require- ments; parking requirements; accessory structure requirements; sign regulations; zoning procedures, including requiring three-fourths (314) vote 01 City Council to overrule decisions of the Planning and Zoning Commission; and correction 01 typographical errors, Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secret- ary, P,O. Box ,1115, La Porte, Texas 77571. Citizens wishing to address the Commission during the Public Hearing will be required to sign in before the meet- ing is convened. CITY OF LA PORTE Cherie Black City Secretary . \~I ,~ -=-c:. t. [1....... \':-:: ~ 'J- "-- lli~- . -' ----i aUlj -)~ " ~ . ~ .. , , I .. ' ?~,. t'/ ; i { J, '. \ '~ "l-- ~ ~ '. > '~ ' ' ., ;. . " .. .. ~ !' " . . > J ~ " . ) . > . . ." e e r-::::; " --:"'" '1 ~... ,I INTER-OFFICE MEMORANDUM To: Mayor and City Council Doug Latimer, Chairman, ~ Planning &: Zoning Commission From: Subject: Six Month Review of Zoning Ordinance and Map Date: February 19, 1988 For the past several months, the Pl~nning /1 Zoning Cor:lI'i1ission, as required by Section 11-504, has been engaged in a review of City Zoning Ordinance No. 1051 and the City of La Porte's Official Zoning Hap. The purpose of this review is as follows: "... [The Planning &: Zoning Commission shall] revieH to determine. ~lhether the Ordinance has become deficient, obsolete and inadequate for any reason, including the fOllowing: 1. Defects in the original text 2. Defects in the zoning map 3. Deficiencies created by iQproper or lax adninistration and subsequent amendments to the original ordinance which are inconsistent, conflicting or 2Qbiguous. 4. Inconsistency with State Statutes or judicial decisions." Using these guidelines, the comprehensive review of both the zoning was conducted during study sessions, hearings. Commission has completed a map and ordinance. This review regular meetings and public Hhile the individually, categories: PI~oposed they can amendments be gro.uped are too numerous to into the folloHing mention general A. Map i33ues ~~ 1. A chanGe of zoning c18ssificaticn is proposed for three tracts. EXHIBIT C e e ~ ~ . . Mayor and City Council Six Month Review Page 2 B. Text Issues 1. Correction of typographical errors throughout the ordinance 2. Definition changes 3. Administrative changes 4. Use table changes 5. Landscaping requirements 6. Accessory building & use changes 7. Parking requirement changes 8. Sign requirements including Interim Sign Regu18tions The Planning & Zoning Commission \';ould lil,e to point out to the City Councj.l that Section 11-507(8) of the proposed dl~aft for the Zoning Ordj.nance does include a pai~agraph concerning existing permissive legislation on the "3/4 rule". If the City Council kept this pa ragraph in the dra ft, it would requ ire three- fourths of the members of the City Council voting affirmative in order to overturn a recommendation for denial of a proposed use change by the Planning & Zoning Commission. !t tJould only take a siraple majority to deny a recommendation in favor of a change classification from the Planning & Zoning Commission. This section is based on a provision of state law. The law is permissive in that Cities are allowed, rather than required, to incorporate this type of provision into their zoning ordinances. The City Staff has discussed the legislation with the legal council for the Te~:as Nunicipal League. They told the City of La Porte that "most c it ies did ut il i ze the 3/4 rule and that the Tex as Hun ic ipa 1 League favored its usage, but being permissive, the City Council must rule on it before adoption". The Commission has no objection to the inclusion or the exclusion of this requirement in the ordinance, we are forwarding it to Council for your consideration. Except as noted above, the Planning & Zoning Commission reco8mends adopt ion of all proposed amendli1en ts to City Zon ing Ord inance No. 1501 and to the City of La Porte Zoning Map. DL/nd , , .+'" STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE (e ( , tit NOTICE OF PUBLIC HEARING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 14th day of March, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of receiving pUblic input on the six-month review of the City of La Porte Zoning Ordinance, #1501, and the City of La Porte Zoning Map. The review of the Zoning Map will specifically address the following: All of Block 93, Bayfront Addition to the Town of La Porte, Harris County, Texas. Requested change from R-1 to Ge~eral Commercial. 2.984 acre tract out of theW. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. 1.239 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review of the text of the Zoning Ordinance will specifically address definitions; landscaping requirements; parkir requirements; accessory structure requirements; interim sign regulations; zoning procedures, including requiring three-fourths (3/4) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors. Citizens wishing to address this public hearing on the abov subjects may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to addr. the Council during the Public Hearing will be required to sign before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary .. j EXHIBI"r D -............ e e .-- ---: 1200 Hwy. 146 Suite 180 P.O, Box 1414 ( ( La Porte. Texas 77571 (713) 471-1234 County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of February 28, 1988 ~~~~j.,&~~~~,~ , /J Sandra E. Bumgarner Office Manager Sworn and subscribed before A.D. 19.%1..... me this r:2..:l!Y day of ')~-<<--L-7J - .f--'~a...-y(.c-<,.J hi, -#;-'-'t--,~-n--o ~~y Public Harris County, Texas' ............... " I, ....' \" t' s""" ..,..... \" \, ......... (/ .... ,:'" .. .... G -.. 6' ".. ! ..._ ~~\ ,~ a.. 6' ...,.: . IJ; . : ~/*' + ..... : , i -.: '..'. ~~\:' ;J::~ ...~: .~ -'4. Oi"'(oo, ;, \1') \ "'0 . ",Iv "A.c .: ~v f' ..~ ~ a.. ~ ,,,,.. .._ .... ....... V'I .... ..... .... '. ' i' ....... ~" "" :f .J ..,. ..'~ '0, II . . ~ EXHIBIT E ~ PUBLIC NonCE , NOTICE OF PUBLIC HEARING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 p.m. on the 14th day of March, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of receiving public input on the six-month review of the City'/l1f, La Pope Zoning Ordinance, # 1501, apd the,~City of La Porte Zoning Map. ThlJ reL' " of the Zoning Map will specifically ad ress the following: ,r .#-" ,. f} . . 'Ail of Block, 3, Bayfront Addition to the Town of La,'Porte, Harris County, Texas. . Requ. estecj.~Change 15 . -... to Genera.I... i com7'l .......... -- . i 2,984 Sere tract 0 of e)/--l,M. Jones Survey, La Porte,_ arris County, Texas, , and being ofnr at 198.898 acres of la~d shown s If ct 3 on the plat of the I Falrmont Pa kttIrea by. Shaner, Hicks & I Cherry on December 3, 1978. Requested II change from R-3 to Neighborhood Commercial. . .- , I ;j " .' , "r'\'.. ;1 1.239 acre tract out of' the W.M, Jones I Survey, La Porte, Harris County, Texas, : and being out of that 198.898 acres of : land shown as Tract 3 on the plat of the ! Fairmont Park area by Shaner, Hicks & i Cherry on December 3,1978. Requested! change fro. m R-3 to Neighborhood j' Commercial. . '. ..- The review of the text of the Zoning Ordinlilnce will specifically address defini- I tions; landscaping requirements; parking requirements; accessory structure requirements; interim sign regulations; zoning 'procedures, including requiring three-fourths (314) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors,' , Citizens wishing to address thiS public hearing on the above subjects m~y do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Tex- as 77571. Citizens wishing to address the Council during the Public Hearing will be required to sign in before the meeting is, convened. ... .-......, . ," . ':". ~- " CITY OF LA PORTE Cherie Black .' - City Secretary . i , . i.. EXHIBIT E , , I I ... e e ORDINANCE NO. l501-D(B) AN ORDINANCE AMENDING ORDINANCE NO. l501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section I. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 19th day of November, 1987, at 7:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice 9f Public' Hearing which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incor- porated by reference herein and made a part hereof for. all pur- poses. Section 3. Subsequent to such public hearing, the Planning and Zoning Commission of the City of La Porte met in regular ses- sion on the lIth day of February, 1988, at 7:00 p.m., to consider the changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated February 19, 1988, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City . Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 14th day of March, 1988, at 6:00 p.m., and pursuant to due notice, to consider the recommenda- e e Ordinance No. 150l-D(B), Page 2 tion of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of said parcels of land shall hereafter be "GC-General Commercial". The description of said parcels of land rezoned to General Commercial is as follows, to- wit: All of Block 93, BAYFRONT ADDITION to the Town of La Porte, Harris County, Texas. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amend- ments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments to City of La Porte Zoning Ordinance No. l501 are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan. 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 was 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 e e Ordinance No. 1501-D(B), Page 3 required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this or- dinance and the subject matter thereof has been discussed, con- sidered and formally acted upon. The City Council further rati- fies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED THIS THE DAY OF , 1988. CITY OF LA PORTE By: NORMAN MALONE, Mayor ATTEST: By: CHERIE BLACK, City Secretary By APPROVED: . ~ I e STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE e NOTICE OF PUBLIC HEARING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 7:00 P.M. on the 19th day of November, 1987, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of the six-month review of the City of La Porte Zonin~ Ordinance, #1501, and the City of La Porte Zoning Map. The review of the Zoning Map will specifically address the following: All of Block 93, Bayfront Addition to the Town of La Porte, Harris County, Texas. Requested ch8nge from R-1 to General Commercial. 2.984 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.8~8 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. 1.239 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review of the text of the Zoning Ordinance will specifically address definitions; use table; landscaping requirements; parking requirements; accessory structure requirements; sign regulations; zoning procedures, including requiring three-fourths (3/4) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors. Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to address the Commission during the Public Hearing will be required to sign in beforeth.~, meeting is convened. ... J ; ":', ,\' " I ", CITY O~ LA PORTE ~ \ . I I I ~ , , , I ./ (' , . . , . , , , , \ " ' . ( \ 1 v~~ ,;/td-<J . ... , , , , ' I , ~ II I . ' II '), . I, " I: ~ I Cherie Black City Secretary 0,o.1tl .. ~-v-. $J / fJ'7 EXHlBIT A " .. -. .. e e .....--- THE STATE OF TEXAS X COUNTY OF HARRIS X CITY OF LA ~ORTE X NOTICE OF MEETING Notice is hereby given that the La Porte Planning and Zoning Commission will meet on the 19th day of November, 1987, in the Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 7:00 P.M. A Public Hearing on proposed changes to the City of La Porte Zoning Ordinance text and the City of La Porte zoning map will also be held at this time. A copy of the agenda for said meeting, showing the subjects of such meeting, is attached hereto. I hereby certify that I posted this Notice on the bulletin board located at a place convenient to the public at the City Hall of the City of La Porte, at 5:00 P.M. on the 16th day of November, 1987, and that (1) said Notice was posted for at least 72 hours preceding the scheduled time of the meeting; or (2) if this Notice was posted less than 72 hours but more than 2 hours before the meeting is convened, I hereby certify that said meeting was called because of an emergency or urgent public necessity limited to imminent threats to public health and safety or reasonable unforseeable situations requiring immediate action by the Planning and Zoning Commission. . witness my hand and the Seal of the City of La Porte, Texas, this the 16th day of November, 1987. .. ",\ \ \ \, \\f " ,/'1, ,'-, \ ) J' J" I 1/_ " " 't' J J I I /1 I '.' , ", ~tlflJ ! J/ 1\ "I.~ :,' (,/ ~ ~ ~ I , . i I I ,< ' ", . ", ! '''\ ,:- IJ .). ,', I, ,:) I I" . I"" . 'l I' I, I I , .. , 1\\ ,\' 1'1111 \ I \\" . \ \\. '\'". CITY OF LA PORTE (!J~ ~k. Cherie Black City Secretary . . .- .. .. ...... t t . .. The lIiy~liorl Sun 'Voice Of The 8ayshore Since 1947' County of Harris State of Texas Before me, the undersigned authority, on this date carne and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of November 04, 1987 1~~.~u-/ Sandra E. Bumgar er Office Manager sworn and subscribed before me this /7?J day of);/J7&n~~~V A.D.19fl. -1 "l .11-' C ~A/0'1-~0 ,/71, ~~~~ Notary publ ic .....," ""'''' Harris County, Texas .....,~\.\.~...~. "'. ....... ,..... :;. ....../ Q' . l -...-;,\ I~ .. to' ~. : :' ..~~ ~...-:. : ..... ,.. ~ :, -: ; :c: JJ- .... ~~: .: ~ ~ ~ ~ <J .,,: : CD :- .~ "'.. "0 ....c"...T .. '\I : ...... ~ .... ~ ,"\'" .... .;..:.. .. ..,,~ .-. ... ,~~ "". r r ........ ~ ~ "'" :; l ' ~ ..,.... .,' EXHIBIT B '\ .:J=c.l:. 1'''. ~\~=- R , J- '- . (3 tiL e e ~., PUBLIC NOTICE NOTICE OF PUBLIC HEARING In'accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning q;,d Zoning lfommission will conduct a public hearing at 7:00 p,m. on the 19th dl1Y of November, 1987, in the Council Chambers of _the City Hall, 604 West Fairlllont P"rkw~y, La Porte, Texas, for the purflose ofthe6ix-month review of the City of La Port,. Zoning qrdinance, # 1501, and the City of La p. orte Zoning Map,. The review 9' the "onin' Map will specifically addr~r th'l folio; ing: . r All of Block 93, BayfrorllA . on to the Town of La Porte, Harris Co~nty, Texas. Requested change from R-l to General Commercial. J . W 2.984 acre tract out of the W,M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978, Requested change from A-3 to Neighborhood Commercial. . 1.239 acre tract out of the W,M. Jones Survey. La Porte, Harris County, Texas, and t>eing out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review of the text of the Zoning . Ordinance will specifically address defini- tions; use table; landscaping require- ments; parking requirements; accessory structure requirements; sign regulations: zoning procedures, including requiring three-fourths (314) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors, Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secret- ary, P.O. Box ,1115, La Porte. Texas 77571, Citizens wishing to address the Commission during the Public Hearing will be required to sign in before the meet- ing is convened. CITY OF LA PORTE Cherie Black City Secretary . \ '''\-: ..... ..w=Cl:. f'~ \j~ P__ lli'~.- . -; ~1. / .. t,,,,,,,; :~," '~\,' ','e," ,::,' ~:.-:~~..~.::' '.~' " <, ,'ll\'':::''; ,,' ,~':"',: ,",'." >~, . " ." ":"~', ';"':',', _' '.~".',: . e e ~ " , ~'I .~J'.. ,I INTER-OFFICE MEMORANDUM To: Mayor and City Council From: Doug Latimer, Chairman, ~ Planning & Zoning Commission Subject: Six Month Review of Zoning Ordinance and Hap Date: February 19,1988 For the past several months, the Plann ing & Zon ing Cor:Jf:1iss ion I as required by Section 11-504, has been engaged in a review of City Zoning Ordinance No. 1051 and the City of La Porte's Official Zoning nap. The purpose of this review is as follows: ". . . [The Planning & Zoning Commission shall] rev iet-! to determine ~lhether the Ordinance has become deficient, obsolete and inadequate for any reason, including the following: 1. Defects in the original text 2. Defects in the zoning map 3. Deficiencies created by iQproper or lax adninistration and subsequent amendments to the original ordinance which are inconsistent, conflicting or aQbiguous. 4. Inconsistency with State Statutes or judicial decisions." Using these guidelines, the comprehensive review of both the zoning was conducted during study sessions, hearings. Commission has completed a map and ordinance. This review re3ular meetings and public Hhile the individually, categories: pl1oposed they can amendments be gro.uped are too numerous to into the folloVling mention gener2.1 A. Hap is.3ues ..... 1. A chanGe of zoning c18ssificaticn is proposed for three tracts. EXHIBIT C e e ~ ~fIt Mayor and City Council Six Month Review Page 2 B. Text Issues 1. Correction of typographical errors throughout the ordinance 2. Definition changes 3. Administrative changes 4. Use table changes 5. Landscaping requirements 6. Accessory building & use changes 7. Parking requirement changes 8. Sign requirements including Interim Sign Regu13tions The Planning & Zoning COll1mission \-lould lil,e to point out. to the City Councj.l that Section 11-507(8) of the proposed dl~aft for the Zoning Ordi.nance does include a pai~agraph concerning existing permissive legislation on the "3/4 rule". If the City Council kept this paragraph in the draft, it would require three-fourths of the members of the City Council voting affirmative in order to overturn a recommendation for denial of a proposed use change by the Planning & Zoning Commission. It ~Jould only tal-=e a siro1ple majority to deny a recommendation in favor of a change classification from the Planning & Zoning Commission. This section is based on a provision of state law. The law is permissive in that Cities are allowed, rather than required, to incorporate this type of provision into their zoning ordinances. The City Staff has discussed the legislation with the legal council for the Te~:as Hunicipal League. They told the City of La Porte that "most cities did utilize the 3/4 rule and that the Texas t1unicipal League favored its usage, but be ing permiss i v e, the City Counc il must rule on it before adoption". The Commission has no objection to the inclusion or the exclusion of this requirement in the ordinance, we are forwarding it to Council for your consideration. Except as noted above, the Planning & Zoning Commission reconmends adopt ion of all proposed amendlilen ts to City Zon ing Ord inanc e No. 1501 and to the City of La Porte Zoning Map. DL/nd "- .... ... STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE ~ ~ NOTICE OF PUBLIC HEARING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a pUblic hearing at 6:00 P.M. on the 14th day of March, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of receiving public input on the six-month review of the City of La Porte Zoning Ordinance, #1501, and the City of La Porte Zoning Map. The review of the Zoning Map will specifically address the following: All of Block 93, Bayfront Addition to the Town of La Porte, Harris County, Texas. Requested change from R-1 to General Commercial. 2.984 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. 1.239 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review of the text of the Zoning Ordinance will specifically address definitions; landscaping requirements; parking requirements; accessory structure requirements; interim sign regulations; zoning procedures, including requiring three-fourths (3/4) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors. Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to address the Council during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE . Cherie Black City Secretary . EXHIBIT D e e .------ 1200 Hwy. 146 Suite 180 P.O. Box 1414 ( ( La Porte. Texas 77571 (713) 471-1234 The- Baifilpre SUD 'Voice Of Tbe$ay~hore,Since 1947' "' .;.<.<. .;U/f~,.:i.. County of Harris state of Texas Before me, the undersigned authoritYr on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of February 28, 1988 ,l~~J'i&~~~~~ . (.J Sandra E. Bumgarher Office Manager Sworn and subscribed before me A.D. 19.iL. thi s d.2..!Y day of ']dut<L-r-'(J ~A..y<b~ 'n,. .idf.~~ Nota y Public Harris County, Texas \ ~"""'... ...... """ ..... \,t J. ,. S ...,. ,'" '-' ........... (J "'. ..... , .- . 61. ! . ..- ,,~\o I J.. -.. 6" ....... :,t:,: .~I~' ta \,.. ~ : ..: '..-' -- ,. ~ :' :J::~ ...~: .:: :.", O<4:c.o=: ; .p.......o . "tv ~~ .: tv F '':0 .Y.J.... 1r ,~to .... ...- .... ,~ -.. ... ",,- '., "w ........ ~,' "" ' J .. .." .,,~ . ". II . ... ~ EXHIBIT E . . PUBLIC NOTICE , NOTICE OF PUBLIC HEARING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte , City ~ouncil will conduct a public hearing I at 6:00 p.m. on the 14th day of March, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, ror the purpose of receiving public input on the six-month review of the City,/l1f', La Pope Zoning Ordinance, # 1501, apd the,~City or La Porte Zoning Map. Thli reri " or the Zoning Map will specifical'y ad' ress the following: , r;.I~.. , ':Ail~""BIOCk3, Bayfron; Addition to the Town of La,.porte, Harris County, Texas. Requested~change 1)' " -', to Genera,',. i 7 I Commer 1.4 . . . I .' . I '.:',. ~_ . . . . . 2,984 acre tract 0 or e .M. Jones Survey, La Porte,. arris County, Texas, and being ofnr at 198,898 acres or i la~d shown s Tf ct 3 on the plat or the I Falrmont Pa kttirea by Shaner, Hicks & Cherry on December 3, 1978. Requested I change from R-3.. to Neighborhood Com,mercial.' '.: \' 'I ',. " ',' , , . '/ : ~ . I.. 'f:. . ~ 1.239 acre tract out or'the W,M, Jones I Survey, La Porte, Harris County, Texas, and being out or that 198,898 acres or land shown as Tract 3 on the plat or the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change rrom R-3 to Neighborhood I~ Commercial. . The review or the text of the Zoning Ordin~nce will specifically address defini- i tions: landscaping requirements; parking ! requirements: accessory structure ' requirements; interim sign regulations; zoning 'procedures, including requiring three-fourths (314) vote or City Council to overrule decisions or the Planning and Zoning Commission; and correction 01 typographical errors,' , Citizens wishing to address thiS public hearing on the above subjects m~y do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Tex- as 77571. Citizens wishing to address the Council during the Public Hearing will be required to sign in berore the meeting is, convened. , .............,. . ":''' ".. CITY OF LA PORTE Cherie Black .' - City Secreta~.., '" , I ... EXHIBlrE e e REQUEST FOR CITY COUNCIL AGENDA ITEM 1988 Requested XX Department: Public Works Resolution Ordinance Exhibits: I. Executive summary on proposed Industrial Waste Program. 2. Summary of proposed changes to existing Industrial Waste Ordinance. 3. Draft copy of proposed Industrial Waste Ordinance. SUMMARY & RECOMMENDATION Informational report on proposed Industrial Waste Program and Ordinance to be considered by Council at a later date. Action Required by Council: Information only - No action required at this time. Availability of Funds: " General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Council A enda D~~e e e INDUSTRIAL WASTE PROGRAM EXECUTIVE SUMMARY OCTOBER 13, 1981 PUBLIC WORKS DEPARTMENT WASTEWATER TREATMENT DIVISION PROTECTION OF FACILITIES AND ENVIRONMENT e e The National Pollutant Discharge Elimination System (NPDES) was created by Section 402 of the Federal Water Pollution Control Act Amendments of 1972. The system involves the issuance of permits of all Industries and Municipalities discharging wastewaters into U.S. waterways. Permits are valid for a period not to exceed 5 years. The permit cites certain requirements that must be met by the discharger. Criteria includes: *Effluent standards and limitations governing the equality of the water released to the environment *Schedules of compliance for construction and installation of new pollution control equipment *Monitoring and reportinv requirements The NPDES permit applies only to discharge of pollutants from point source into U.S. waterways. Thus those industries discharging their wastewater to POTW's are not required to have a permit. The POTW, however, must obtain an NPDES permit. These permits may require the plant to implement a pretreatment program including standards that must be met by all industrial users of its facilites. The industrial dischargers thus are indirectly controlled by the NPDES program. e e INDUSTRIAL WASTE PROGRAM OBJECTIVES: *Minimize potential problems at the Treatment Plant caused by industrial discharges; *Minimize the entrance of incompatible pollutants that pass through the Treatment Plant into the receiving waters, or into the irrigation system which will be used for watering our golf course and park grounds; *Minimize Treatment Plant sludge disposal problems caused by excessive concentrations of toxic materials; *Establish and maintain a data base sufficient to set sewer use surcharge fees and to determine compliance with pretreatment standards; *Prevent water quality violations resulting from illegal direct discharges into surface waters; *Protect workers' health and safety Achieving these objectives requires a coordinated effort between the Industry and the City that takes into consideration conditions and waste treatment at the industrial facility as well as at the POTW. Some communities have set up a committee composed of local industry representatives, Chamber of Commerce members, and industrial concerned personnel. They meet regularly to exchange information on testing, existing laws, proposed laws, and the general direction and progress of the program. The purpose is to see that all parties work together towards a common goal - CLEAN WATER! e e i \ \ The object of our program is coordinated planning effort between the industrial discharger and the Wastewater Treatment Facility of La Porte, to initiate the EPA mandated industrial permit system and to inform customers of their needs to conform to City Ordinances 1221 and 1357. PROGRAM DESIGN I. DEVELOP A DATA BASE: A. Issue each commercial customer an industrial waste survey. SURVEY WILL REQUEST 1. Company Name 2. Address 3. Telephone Number 4. Contact Person 5. Type of Business 6. Owner and Manager 7. Brief Summary of Operations 8. Water Source 9. Amount of water used on daily basis B. PRE-TREATMENT 1. Volume of grease trap 2. Volume of settling tank 3. Other II. RECORDS SYSTEM DEVELOPMENT A. INDUSTRY INFORMATION 1. Applications for Permits 2. Process Information 3. City Sanitary Sewer piping diagrams and locations of control points 4. Identify and evaluate the Industrial discharges and classify accordingly B. MONITORING RESULTS 1. Establish self-monitoring programs for customer (pre-treatment program compliance reports). 2. Establish P.O.T.W. sampling programs 3. Spot surveillance sampling 4. Non compliance and violation forms e e III. FIELD VISITS 1. Educate customer about program 2. Insure that control points, and control manholes are installed as required 3. See that grease traps are maintained and operating effectively 4. Check effectiveness of settling tanks 5. Visual inspections and observations IV. ENFORCEMENT A. INFORMAL ACTIONS 1. Informal notice to industrial user (telephone call with industrial user representative) 2. Informal meeting to show cause B. ' FORMAL ACTIONS 1. Written notice Section 22, Ordinance 1221 2. Discontinue discharge Section 23, Ordinance 1221 3. Citation issued by Code Enforcement 4. Penalty, $200.00 fine for each violation Section 24, Ordinance 1221 5. Termination of service (revoke permit) Section 21, Ordinance 1221 A decision to seek formal enforcement will generally be triggered by a failure to achieve compliance in a reasonable time period through less formal means. In any case, formal enforcement will be the decision of the Superintendent as defined in Ordinance Number 1357, Section 1. e e INDUSTRY SURVEY The City of La Porte, in compliance with Federal Regulations, is conducting an Industry Survey to achieve an overall understanding of the types of businesses and the characteristics of the Wastewater discharged to the City's Wastewater Treatment Plant. This info~mation will help us identify a business that could discharge pollutants of concern. Minimizing pollutant pass through and protecting the quality of our recreational facilities in our City is our goal. Please fill out the attached questionnaire and return it to: CITY OF LA PORTE WASTEWATER DEPARTMENT P.O. BOX 1115 LA PORTE, TEXAS 77571 , \ e e CITY OF LA PORTE INDUSTRIAL USERS ORDER OF PRIORITY 1. Industrial users subject to categorical pretreatment standards. 40 CFR 403 Appendix C 2. Truck wash and tank cleaning facilities 3. Drum and barrel reconditioning 4. Automobile maintenance centers and service stations 5. Restaurants and cafeterias 6. Car washes 7. Other categories of industrial users determined by our survey 8. Dry industries PROGRAM OVERVIEW I SURVEYS A. Distribute to all business establishments B. Review and specifically categorize, pursuit will depend on priority of category II APPLICATIONS A. Distribute to all dischargers in specific category, pursuit will depend on priority III ISSUANCE OF PERMITS A. Permits will be issued one category at a time, to establishments which have met the conditions of our Industrial Waste Ordinance #1221 and #1357 IV. DRY INDUSTRIES A. Applications and permits will be processed by alphabetical order e e ~ DATE The City of La Porte in conjunction with the Environmental Protection Agency has determined a need for an Industrial Waste Survey. In accordance with Ordinance #1221 and #1357, all places of business are asked to complete the following questionnaire: COMPANY NAME ADDRESS TELEPHONE NUMBER TYPE OF BUSINESS OR PRODUCT PRINCIPAL OWNER OR MANAGER 1. Water source: City Private well 2. Waste estimated placed in sewer: avg. gal. per day PRE-TREATMENT NOW INSTALLED. gallons gallons A. Volume of grease trap B. Volume of settling tank C. Accessible control manhole, yes no Please return the completed questionnaire to: CITY OF LA PORTE WASTEWATER DEPARTMENT P.O. BOX 1115 LA PORTE, TX 77571 If you have any questions, please call Mark Fitzgerald, 471-5020, ext. 327. Thank you for your cooperation. Mark Fitzgerald Industrial Waste Technician .. C<<erd e e NEW DEFINITIONS NEW ORDINANCE 1. Administrative Officers 2. Amenable to Treatment 6. City Council 8. Composite Samples 12. Grab Samples 13. Industrial User 14. Industrial Waste Questionnaire 16. Interference 17. Lower Explosive Limit 20. Pass Throuqh 21. Permittee 24. Pollutant 25. Priority Pollutant 26. Pretreatment Standards 27. Properly Shredded Garbaqe 30. Sewaqe 33. Sewer 43. Total Hydrocarbons 44. Total Toxic Orqanics 47. Upset 48. Violation 49. Watercourse 50. Wet Industry DEFINITIONS THAT HAVE BEEN ELIMINATED OR CHANGED ORDINANCE 1221 & 1357 NEW ORDINANCE 3. Building Sewer 6. Control Manhole Defined in Sec. 4-B 7 . Control Point Defined in Sec. 4-B 10. Industrial Waste Charge Defined as Surcharge 14. Overload 23. Superintendent Defined as Approving Authority 28. Waste Defined as Sewage 30. Wastewater Facilities Defined as Sewage Works 31. Wastewater Treatment Plant Defined as Sewage Treatment Plant 32. Wastewater Service Charge Defined as Sewer Service Charge e It NEW ORDINANCE NEW REQUIREMENTS SECTION 2 ADMISSION OF WASTES INTO PUBLIC SEWERS (A) PERMIT REQUIRED (A) 2. WET INDUSTRY CLASSIFICATION PERMIT (C) PRE-APPLICATION CONFERENCE (D) APPLICATION REQUIREMENTS (E) SUBMISSION OF INFROMATION (G) EXISTING BUSINESS NOT IN COMPLIANCE (3) PERMIT SHALL NOT BE TRANSFERABLE (K) PERMIT REQUIREMENTS SELF MONITOR PROGRAM (L) MAINTAINING A VALID PERMIT (M) FAILURE TO COMPLY SECTION 3 PROHIBITIVE DISCHARGES (A) second paragraph NO PERSON SHALL EVER INCREASE... (prohibits dilution) (A) third paragraph IN CASES WHERE, . . . (prevent waste from entering system) (A) fourth paragraph NO PERSON ENGAGED IN COMERCIAL HAULING... (tank cleaning, log of products cleaned, prohibit the hauling of waste into City for disposal) (B) 4. INDUSTRIAL WASTE WHICH CREATES... (lower explosive limit, means of enforcement for dischargers of flamables) see (B) 3. (B) 11. NO PERSON SHALL DISCHARGE... (unless limits have been set by APPROVING AUTHORITY) (B) 12.b. (1), (2), (3), (4) LOCAL LIMIT DEVELOPMENT (prevention of pollutant passthrough) (B) 12.c. NATIONAL PRETREATMENT STANDARDS (for FEDERAL REGULATED CATEGORIES of INDUSTRIAL USERS more stringent standards will always apply) e It SECTION 4 CONTROL OF ADMISSIBLE WASTES (A) (1) GREASE INTERCEPTOR SIZING SECTION 7 POWERS AND AUTHORITY OF ENFORCING AGENTS (C) ANY PERSON FOUND TO BE VIOLATING... (notice for violation, corrective measures, compliance date, citation, right to waive notice, suspension, terminate City services.) (D) WHERE CHEMICAL SUBSTANCES ARE RELEASED... (hazardous discharge, right to terminate services) (E) DENIAL OR SUSPENSION OF PERMIT (NON COMPLIANCE) (E) 2. REINSTATEMENT AFTER SUSPENSION (E) 3. NO DISCHARGE DURING SUSPENSION (E) 4. THE APPROVING AUTHORITY MAY AMEND ANY PERMIT (F) APPROVING AUTHORITY MAY PUBLISH LIST OF SIGNIFICANT VIOLATORS (CODE OF FEDERAL REGULATIONS 403.8) SECTION 11 CITY COUNCIL REVIEW ORDINANCE 1221 & 1357 ELIMINATED ARTICLES SECTION 3 CHEMICAL DISCHARGES (a) (2) fluoride other than that contained in the public water supply; SECTION 5 PARTICULATE SIZE (b) REVIEW AND APPROVAL OF GARBAGE GRINDERS HAS BEEN ELIMINATED SECTION 16 USER CHARGE SYSTEM ALL SECTIONS OF THIS ARTICLE HAVE BEEN ELIMINATED FROM THE INDUSTRIAL WASTE ORDINANCE BECAUSE THEY DO NOT PRETAIN AND ARE AVALIBLE IN OTHER CITY ORDINANCES. e It SECTION 19 ISSUANCE OF PERMITS, PERMIT FEES (c) DRY INDUSTRY CLASSIFICATION PERMIT (the $25.00 application fee has been eliminated e e ORDINANCE NO. AN ORDINANCE REPLACING ORDINANCE NUMBERS 1221, AND 1357, CODE OF ORDINANCES, CITY OF LA PORTE, TEXAS, REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS,PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED, PROVIDING FOR A PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION THEREOF, REPEALING ALL CONFLICTING ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of for the collection and safty, and convenience water resources common La Porte, Texas, has treatment of sewage to of its people and for to all, and provided facilities promote the health, the safeguarding of WHEREAS, provision has been made in the design, construction, and operating of such facilities to accommodate certain types and quantities of industrial wastes in excess of, and in addition to, normal sewage, and WHEREAS, it is the obligation of the producers of industrial wastes to defray the cost of the waste treatment services rendered by the City of La Porte in linear proportion to the cost of the waste treatment facilities and of the operation and maintenance costs, utilized in treating the industrial wastes, and WHEREAS, proper protection treatment facilities may pretreatment, or controlled certain types or quantities of and operation of the collection and require either the excluding, discharge at point of origin of industrial wastes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 That City Ordinance numbers 1221, and 1357, INDUSTRIAL WASTE, of the City of La Porte, Texas is repealed. Definition of terms. For the purpose of interpreting this ordinance, certain words used herein are defined as follows: 1. Administrative Officers - Any office referred to in this ordinance by title, i.e., City Manager, City Attorney, City Secretary, Public Works Director, etc., shall be the person so retained in this position by the City, or duly authorized representative. ( 2 ) e - 2. Amenable to Treatment - The words "amenable to treatment" shall mean that a substance is susceptible to reduction in concentration by treatment provided in the City's sewage treatment plant, to a level which is acceptable for discharge into a stream. 3. Approving Authority - The words "Approving Authority" shall mean the Director Of Public Works, or his duly authorized representative. 4. BOD - The letters "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 degrees C., expressed in mg/l. The laboratory determination shall be made in accordance with the procedures set forth in "Standard Methods" . 5. City - The word "City" shall be the City of La Porte, Texas or any authorized person acting in its behalf. 6. City Council - The words "City Council" shall be the duly elected governing body of the City of La Porte. 7. COD - The letters "COD" (denoting Chemical Oxygen Demand) shall mean the measure of oxygen consuming capacity, expressed in mg/l. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specific test. It does not differentiate between stable and unstable organic matter and thus may not correlate with BOD. 8. Composite Samples - The words "composite samples" shall mean samples composited during a period of time exceeding fifteen (15) minutes. 9. Domestic Sewage - The words "domestic sewage" shall mean water-borne wastes normally discharging from the sanitary conveniences of dwellings (including apartments, houses, and hotels), office buildings, factories, and institutions, free from storm surface water, industrial wastes, and in which the average concentration of total suspended solids is not greater than 300 mg/l and BOD is not more than 250 mg/l. 10. Dry Industry - An industry or business discharging only domestic sewage into the City sewer system. 11. Garbage - The word "garbage" shall mean solid wastes and residue from the preparation, cooking, and despensing of food, and from the handling, storage, and sale of food products and produce. 12. Grab Samples - The words "grab samples" shall mean samples taken during a period of fifteen (15) minutes or less. ( 3 ) It e 13. Industrial User - The words "Industrial User" shall mean an industry or business which discharges wastewater into the City's sewage treatment plant. e e 14. Industrial Waste Questionnaire - The words "Industrial Waste Questionnaire" shall mean the document provided by the Approving Authority to all applicants on which basic information and data are placed describing the applicant's production process, raw materials, and other information as deemed necessary by the Approving Authority to accurately assess the nature of any potential waste discharges. 15. Industrial Wastes - The words "industrial wastes" shall mean all water-borne solids, liquids, or gaseous wastes resulting from any industrial, manufacturing, or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage distinct from normal domestic sewage. 16. Interference - The word "interference" shall mean the inhibition of or disruption of the sewage treatment process or operations in a manner which causes or contributes to a violation of any requirement of the City's National Pollutant Discharge Elimination System (NPDES) permit. This term includes contamination of municipal sludge. 17. Lower Explosive Limit - The words "lower explosive limit" shall mean the concentration of a gas or vapor (in percent by volume) which, in the presence of an ignition source, will ignite. 18. Milligrams liter" is per liter to pounds Per Liter (mg/l) - The words "milligrams per a weight-per-volume concentration; the milligrams value multiplied by the factor 8.34 is equivalent of constituent per million gallons of water. 19. Natural Outlet - The words "natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water. 20. Pass Throuqh - The words "pass-through" shall mean a condition in which pollutants entering the sewage treatment works are incompletely removed resulting in discharge concentrations which violate NPDES or other state and federal water quality standards. 21. Permittee - The word "Permittee" shall mean a person granted a permit under this ordinance. 22. Person - The word "person" shall mean any and all persons, natural or artificial, including any individual, firm, company, industry, municipal or private corporation, association, society, governmental agency, or other entente and agents, servants, or employees. ( 4 ) e It 23. ~ - The letters "pH" shall mean the reciprocal of the logarithm (Base 10) of the hydrogen ion concentration of a solution. 24. Pollutant - The term "pollutant" shall mean the inducement of dredged spoils, solid wastes, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste into water. 25. Priority Pollutant - The term "priority pollutant" shall mean any pollutant discharged into the sewage works of the City that may cause interference, upset, or pass through. 26. Pretreatment Standards - The words "Pretreatment Standards" shall mean the pollutant concentration discharge limitations stipulated in the National Pretreatment Standards promulgated by the United States Environmental Protection Agency, and discharge limitations developed by the City. 27. Properly shredded Garbage - The words "properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particals will be carried under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension. 28. Public Sewer - The words "public sewer" shall mean a sewer in which all owners of abutting properties shall have equal rights and which is controlled by public authority. 29. Sanitary Sewer - The words "sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not admitted. 30. Sewage - The word "sewage" shall mean a combination of water- carried waste from residences, buildings, institutions, and industrial establishments. 31. Sewage Treatment Plant - The words "sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage. 32. Sewage Works - The words "sewage works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage. 33. Sewer - The word "sewer" shall mean a pipe for carrying sanitary sewage. 34. Sewer Service Charge - The words "sewer service charge" shall mean the charge made on all users of the public sewerage system whose wastes do not exceed the strength and e It concentration values established as representative of normal sewage. 35. Shall - The word "shall," wherever used in this ordinance, will be interpreted in its mandatory sense; "may" is permissive. ( 5 ) e e 36. Slug - The word "slug" shall mean any discharge of water, sewage, or industrial waste which. in concentration of any constituent or in quanity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during the normal operation. 37. Standard Methods - The words "Standard Methods" shall mean the examination and analytical procedures set fourth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. 38. Storm Sewer or Storm Drain - The words IIstorm sewer or storm drain II shall mean a sewer which carries storm and surface waters but excludes sewage and industrial wastes. 39. Storm Water Runoff - The words IIstorm water runoff" shall mean that portion of the rainfall that is drained into the storm sewers. 40. Surcharge - The word IIsurcharge" shall mean the charge in addition to the published water and sewer rates. The basis for surcharges on industrial wastes is a capital and operating cost for suspended solids, and BOD exceeding IInormal" sewage. 41. Suspended Solids - The words "suspended solids" shall mean solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtration. Quantitive determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods. II 42. To Discharqe - The words "to discharge" shall mean to deposit, conduct, drain. emit. throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or emissions. 43. Total Hydrocarbons - The words "total hydrocarbons" shall mean the total concentration of identifiable organic compounds present in sewage, expressed in mg/l. This value shall not include complex organic compounds normally associated with decayed material of biological origin. 44. Total Toxic Organics - The words "total toxic organicsll shall mean the sum of the concentrations of any organic pollutants present in sewege which are identified by the U.S.EPA as priority pollutants. (6 ) e e 45. Trap - The word "trap" shall mean a device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes, and heavy metals. 46. Unpolluted Wastewater - The words "unpolluted wastewater" shall mean any water or waste containing none of the following: free or emulsified grease or oil; acid or alkali; phenols, or other substances imparting taste and odor in receiving water; toxic poisonous substances in suspension, colloidal state or solution; and noxious and odorous gases. It shall contain not more than ten (10) parts per million each of suspended solids and BOD. The color shall not exceed thirty (30) parts per million measured by the current "Standard Methods" procedure. 47. Upset - The word "upset" shall mean an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment standards because of factors beyond the reasonable control of the Industrial User. 48. Violation - The word "violation" shall mean noncompliance of any Section or Subsection of this ordinance. 49. Watercourse - The word "watercourse" shall mean a natural or man-made channel in which a flow of water occurs, either continuously or intermittently. 50. Wet Industry - An industry or business discharging industrial wastes into the City sewer system. SECTION 2 ADMISSION OF WASTES INTO PUBLIC SEWERS (A) PERMIT REQUIRED - Review and acceptance of the Approving Authority shall be obtained prior to the discharge into the public sewers of any wastes or sewage by business or industry. 1. DRY INDUSTRY CLASSIFICATION PERMIT - If upon review by the Approving Authority, an applicant is determined to be a dry industry as that term is defined by this ordinance, a Dry Industry Classification Permit shall be issued. Said permit shall be renewable every (3) three years upon a showing by the permittee that no changes in the permittee's operations have taken place, or will take place during the term of the renewed permit 2. WET INDUSTRY CLASSIFICATION PERMIT - If upon review by the Approving Authority, an applicant is determined to be a wet industry as that term is defined by this ordinance, e e a Wet Industry Classification Permit shall be issued only after the applicant is in compliance with Section ~, Section ~, and Section! of this ordinance. An applicant for a Wet Industry Classification Permit, or any renewal thereof, shall pay a fee of Twenty-five Dollars ($25.00) for each application for said permits thereof. A Wet Industry Classification Permit shall be renewed on an annual basis. The permit is valid for (1) one year from the date of issue so long as the Permittee is in compliance with conditional requirements as stipulated within the permit. The Permittee must submit his renewal application to City Hall (Code Enforcement Department) (10) ten days prior to expiration of his current permit. The application will not be accepted unless the fee is paid and submission of information is complete. (B) PRETREATMENT - Where required, in the op~n~on of the Approving Authority, to modify or eliminate wastes that are harmful to the structures, process, or operation of the sewage disposal works, or to comply with pretreatment standards and discharge limitations as specified in Section ~ of this ordinance, the person shall provide, at his expense, such preliminary treatment or processing facilities as may be determined necessary to render his wastes acceptable for admission to the public sewer. (C) PRE-APPLICATION CONFERENCE - Prior to filing an Industrial Sewer Connection Application, the Applicant shall consult with the Approving Authority, or his duly authorized representative, concerning the types, concentration, and volumes of industrial wastes proposed for discharge and shall complete the Industrial Waste Questionnaire. Conditional approval as to the general requirements must be obtained from the Approving Authority prior to preparation of the Industrial Sewer Connection Application. ( 7 ) e e (D) APPLICATION REQUIREMENTS - The Industrial Sewer Connection Application shall contain, as a minimum, the following information: 1. A map of the property showing accurately all sewers and drains. 2. A complete schedule of all process waters and raw industrial waste produced or expected to be produced before pretreatment (if any) at said property, including a description of the character of each waste, the daily volume and maximum rate of discharge and representative analysis of the raw waste. 3. Plans and specifications covering all pretreatment facilities for waste treatment proposed to be performed on the waste under this permit with a full description _ including laboratory analysis - of the character of the waste to be discharged to the public sewer, daily volume and maximum rate of discharges to the public sewer. 4. Plans and specifications of the grease, oil, and sand interceptors and control location. 5. Applicant agrees to the following conditions: a. To operate and maintain any waste pretreatment facilities as may be required as a condition of the acceptance into the public sewer of the industrial wastes involved, in an efficient manner at all times, and at no expense to the City. b. To cooperate with the Approving Authority and his representatives in their inspecting, sampling, and study of the industrial wastes and any facilities providing pretreatment. c. To notify the Approving Authority immediately in the event of any accident, upset, or other occurrence that occasions discharge to the public sewerage system of any wastes or process waters not covered by this permit. d. To accept and abide by all provisions of this ordinance and of all pertinent ordinances or regulations that may be adopted in the future. e. To accept and pay, when billed, the sewer service charge and industrial wastes surcharge which is over and above the water and sewer rate of a normal discharger. ( 8 ) e It (E) SUBMISSION OF INFORMATION - Design calculations, plans, specifications, and other pertinent information relating to proposed industrial waste pretreatment or processing facilities shall be submitted by a Professional Engineer registered to practice in the state of Texas to the Approving Authority prior to start of their construction, if the effluent is to be discharged into the public sewers. An Industrial Sewer Connection Application shall be fully completed and submitted to the Approving Authority. The Applicant shall not connect to the public sewer without prior approval by the Approving Authority of the Applicant's Industrial Sewer Connection Application. It shall be the responsibility of the Permittee to file an Amendment for Approval to the Permit thirty (30) days prior to the change of any item of information on the permit. Failure to maintain the permit as an accurate representation of the Permittee's waste discharges to public sewers shall be cause for penalty. (F) The Approving Authority shall issue a permit to an existing industry or commercial business provided that: 1. The Applicant's discharge is in compliance with Section 3 of this ordinance. 2. The Applicant has submitted a self-monitoring report program addressing wastewater characteristics, reporting frequency, and sampling and analytical methods that are adequate, in the opinion of the Approving Authority, for the nature of pollutants discharged and size of the Industrial User. All self-monitoring samples shall be analyzed using procedures approved by the USEPA or procedures set forth in the latest edition of "Standard Methods." 3. Applicant is in compliance with applicable federal, state, and local laws. (G) The Approving Authority shall issue a permit to an existing industry or commercial business not in compliance with discharge limitations set forth in Section 3 of this ordinance provided the following provisions-are met: 1. The Applicant has submitted an expected compliance date, agreed upon by the Approving Authority, after which time said Applicant's effluent quality will meet or exceed Section ~ of this ordinance. 2. The Applicant has submitted an installation schedule of pretreatment devices, agreed upon by the Approving Authority. 3. Same as F-2 above. 4. Same as F-3 above. (9) e e (H) The Approving Authority shall issue a permit to a new industry or business provided that: 1. The Applicant's expected discharge appears to be in compliance with Section ~ of this ordinance, or pretreatment facilities appear adequate for efficient treatment of discharged waste and are capable of achieving pretreatment standards and discharge limitations as specified in Section ~ of this ordinance. 2. Same as F-2 above. 3. Same as F-3 above. (I) Any permit granted under this section shall be valid from the date issued until one (1) year thereafter. A new permit must be obtained every year. (3) Any permit granted under this section shall be valid only for the original Applicant and shall not be transferable. (K) PERMIT REQUIREMENTS - The Approving Authority shall include the following information on all permits: 1. Interim and final installation dates of pretreatment systems and sample well. 2. Self-monitoring frequency and method of sample collection. 3. A list of pollutants for which the Permittee must analyze. 4. Other pretreatment requirements deemed necessary by the Approving Authority having direct bearing on the Permittee's compliance with this ordinance. 5. The appropriate surcharge as stipulated in SECTION 5 of this ordinance. (L) Permittees must comply with the following requirements as a condition to maintain a valid permit: 1. Immediately notify the Approving Authority in the of an accident, spill, upset or other occurrence result in the discharge to the Sanitary Sewer of wastes in excess of limits set forth in this permit. event that may any 2. Pay the appropriate surcharge as stipulated in the permit. 3. Permit the Approving Authority, immediate entry to the premises, including operational areas, pretreatment facilities, etc., for inspection, sampling, etc e e 4. Provide the Approving Authority, upon request, information and data on nature of operations, operational shifts, products produced, or services performed, chemicals used in process, and off-site disposal of wastes. 5. Submit to the Approving Authority self-monitoring reports of wastewater characteristics being discharged at the above-mentioned permittee's site which includes laboratory analysis of each sample representing normal operations composited during a full business day. (M) FAILURE TO COMPLY WITH ANY PERMIT REQUIREMENTS IN THIS SECTION SHALL BE AN OFFENSE AND SHALL CONSTITUTE REASON FOR SUSPENSION. SECTION 3 PROHIBITIVE DISCHARGES (A) No person shall discharge or cause to be discharged any storm water, ground water, roof runoff, sub-surface drainage, down spouts, yard drains, and ponds or lawn sprays into any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Approving Authority. Unpolluted water may be discharged upon prior written approval of the Approving Authority to a storm sewer or natural outlet, or into the sanitary sewer system by an indirect connection whereby such discharge is cooled, if required, and flows into the sanitary sewer, provided the waste does not contain materials or substances in suspension or solution in violation of the limits prescribed by this article. No person shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with pollutant-specific limitations contained in this ordinance or any Federal Categorical Pretreatment Standards. In cases where, and in the opinion of the Approving Authority, the character of the sewage from any manufacturer, or industrial plant building, or other premises is such that it will damage the system or cannot be treated satisfactorily in the system, the Approving Authority shall have the right to require such user to dispose of such waste otherwise and prevent it from entering the system. ( 11 ) e e No person engaged in commercial hauling of waste shall drain, flush, or clean out any tanks containing chemical liquid waste for the purpose of transporting such waste to a site of disposal unless such person possesses a permit from the City or State of Texas to perform such acts or services. Any facility that cleans out any tanks that contains chemical liquid waste shall keep a log of operation that is acceptable to the Approving Authority and made available for inspection by the City at any reasonable time. No waste whatsoever from the outside the city shall be hauled into the city for disposal within the city unless written approval is obtained from the Approving Authority. (B) No person shall discharge into the public sewer or cause to be discharged either directly or indirectly any of the following described substances, materials, waters or waste: 1. Any liquid having a temperature higher than 150 degrees Fahrenheit (65 degrees centigrade) or liquid which raises the temperature of the sewage treatment plant's influent to 104 degrees Fahrenheit or above. 2. Any water or wastes which contain wax, grease, or oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between 32 degrees and 150 degrees Fahrenheit. 3. Any solids, liquids or gases which by themselves, or by interaction with other substances, may cause fire or explosion hazards, or in any other way be injurious to persons, property, or the operator of the sewage works. 4. Industrial waste which creates an atmosphere in the sewer measuring greater than 10% of the lower explosive limit. Instruments used for the measurement of explosivity shall use units of percent of LEL, shall be calibrated before and after use with standard mixtures, shall be accurate to plus or minus 20%, shall be serviced at intervals recommended by their manufacturer, and shall be approved by the Approving Authority. 5. Any solids, slurries or viscous substances of such character as to be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids. 6. Any garbage that has not been properly comminuted or shredded. ( 12) e e 7. Any noxious or malodorous substance, which either singly or by interaction with other substances is capable of. causing objectionable odors, or hazard to life; or forms solids or creates any other condition deleterious to structures or treatment processes; or requires unusual provisions, alteration, or expense to handle such materials, such as aliphatic hydrocarbons, esters, and plasticizers. 8. Any waters or wastes having a pH lower than 5.5 or higher than 9.5 or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the sewage works and collection system. 9. Any wastes or waters containing a toxic or poisonous substance such as plating or heat-treating wastes in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, or to create any hazard in receiving waters or the sewage treatment plant. 10. Any waters or wastes containing suspended or dissolved solids of such character and quantity to be capable of causing interference or pass-through in the sewage treatment plant. 11. No person shall discharge into public sewer any of the following materials unless limits have been set by the Approving Authority and included on the Industrial Users permit. Antimony Beryllium Bismuth Boron Cobalt Fuel Oil Fungicides Gasoline Herbicides Molybdenum Naptha Insecticides Rhenium Strontium Tellurium Tin Uranyl Ion Radioactive Elements or Compounds 12. Pretreatment Standards a. No discharge may contain pollutants at concentrations greater than the maximum allowable concentrations listed below, in terms of milligrams per liter (mg/l). Concentration parameters shall be adjusted as deemed necessary by the Approving Authority. (13) ( 1 ) ( 2 ) ( 3 ) ( 4 ) ( 5 ) ( 6 ) ( 7 ) ( 8 ) ( 9 ) ( 10) ( 11 ) ( 12 ) (13 ) ( 14) ( 15 ) e e Metal Daily Composite Grab Sample Average 0.2 2.0 0.1 1.0 1.0 1.0 2.0 0.005 2.0 0.1 0.1 2.0 0.3 4.0 0.2 5.0 2.0 1.5 3.0 0.01 3.0 0.2 0.2 6.0 Arsenic 0.1 Barium 1.0 Cadmium 0.005 Chromium 0.5 Copper 0.5 Lead 0.5 Manganese 1.0 Mercury 0.005 Nickel 1.0 Selenium 0.05 Silver 0.05 Zinc 1.0 Any Cyanide greater than 1.00 mg/l. Any Phenols greater than 2.00 mg/l. Any Chlorides greater than 250.00 mg/l. b. No person may discharge organic chemicals to the public sewer (other than as stated in No. 11 above) except under the following conditions: (1) The Approving Authority shall assess the permittee's discharge as to the types and quantities of organic chemicals present. (2) The effects of each organic chemical shall be assessed as to interference and pollutant pass-through. (3) The Approving Authority shall determine that the permittee's discharge does not endanger the health and safety of sewage works employees and La Porte citizens. The discharge shall not contain types and quantities of organic chemicals which singly, or in combination, create an atmosphere in the sewer which constitutes a violation of employee exposure levels as stated in Occupational Safety and Health Regulations (29 CFR 1910.1000). (4) Using data and information obtained through 1-3 above, the Approving Authority shall establish discharge limitations for each organic chemical the permittee discharges or may discharge. these discharge limitations shall become a condition of the permittee's permit. c. If more stringent National Pretreatment Standards (NPS) exist for certain categories of industries or if more stringent NPS are promulgated for certain categories of industries by the U.S. EPA, the more stringent national standards will apply to the affected Permittee. ( 14 l e e 13. Except in quantities, or concentrations, or with provisions as stipulated herein, it shall be unlawful for any person, corporation, or individual to discharge waters or wastes to the public sewer containing the following: a. Free or emulsified oil and grease exceeding, on analysis, 200 mg/l (1,668 pounds per million gallons) of either, or both, or combinations of, free or emulsified oil and grease, if, in the opinion of the Approving Authority, it appears probable that such wastes: (1) Can deposit grease or oil in the sewer lines in such manner to restrict flow, (2) Can overload skimming and grease-handling equipment, (3) Are not amenable to bacterial action and will, therefore, pass to the receiving waters without being affected by normal sewage treatment processes, or (4) Can have deleterious effects on the treatment process due to the excessive quantities. b. Any radioactive wastes greater than the allowable stipulated above. c. Dissolved solids greater than 500 mg/l including but not limited to: (1) sodium chloride; and (2) sodium sulfate; d. Materials which exert or cause the following: (1) Color or discoloration not amenable to treatment; (2) BOD exceeding 5,000 mg/l with a flow volume which produces interference; (3) Hydrogen sulfide greater than 10 mg/l; (4) Unusual flow and concentration shall be pretreated to a concentration acceptable to the City, if such wastes can: (a) cause damage to collection facilities, (b) impair the process, (c) incur treatment cost exceeding those of normal sewage, (d) render the water unfit for stream disposal; or ( 15) e e (5) COD in concentrations which are not amenable to treatment. Where discharge of such wastes to the sanitary properly pretreated or otherwise corrected, Authority shall reject the wastes or terminate sanitary sewer service to permittee's facility. sewer are not the Approving the water and 14. Unless exception is granted by the Approving Authority, the public sanitary sewer system shall be used by all persons discharging: a. (1) wastewater; (2) industrial waste; (3) polluted liquids; Unless authorized by the Texas Water Commission, no person may deposit or discharge any waste included in subsection 14.a, above on public or private property or into or adjacent to any: b. (1) natural outlet; (2) watercourse; (3) storm sewer; (4) other area within the jurisdiction of the city. The Approving Authority shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state and local governments. SECTION 4 CONTROL OF ADMISSIBLE WASTES (A) Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwellings. All interceptors shall be of a type and capacity approved by the Approving Authority and shall be located as to be readily and easily accessible for easy cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be substantially constructed, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. Grease, oil, and sand interceptors shall be maintained by the person or Permittee, at his expense, in continuously efficient operation at all times. ( 16) e e (1) Grease Interceptor Sizing Formula for new business establishments. RESTAURANTS: HR (D) x (GL) x (ST) x (2 x LF = GALLON CAPACITY D = Number of seats in dining area GL = Gallons of waste water per meal (2.5 gal) ST = Storage Capacity Factor (1.7) HR = Number of hours open LF = Loading Factor 1.8 Freeways & Recreation areas 0.8 Main highways 0.5 Other highways NURSING HOMES, SCHOOLS, DAY CARES, ETC. (M) x (GL) x (ST) x (LF) = GALLON CAPACITY M = Meals per day GL = Gallons of wastewater per meal ( 2 . 5 gal) ST = Storage Capacity Factor (1. 7) LF = Loading Factor 1. 25 garbage disposal & dishwashing 1.0 without garbage disposal 0.75 without dishwashing 0.5 without dishwashing & garbage disposal (B) Within sixty (60) days from the date of passage of this ordinance, any person discharging or desiring to discharge an industrial waste mixture into the public sewers of La Porte, or any sewer connected therewith, shall provide and maintain in a suitable, accessible position on the Permittee,s premises, or such premises occupied by him, a sample well or manhole near the outlet of each sewer, drain, pipe, channel, or connection which communicates with the sewer or sewage works of the City, or any sewer connected therewith. Each such manhole or sample well shall be of such construction and design which will prevent infiltration by ground and surface waters, and shall be so maintained by the person discharging wastes so that any authorized representative, or employee, of the City may readily and safely measure the volume and obtain samples of the flow at all times. Plans for construction of the sample wells shall be included with the Industrial Sewer Connection Application. (C) Sampling of effluent or waste discharged may be accomplished manually, or by the use of mechanical equipment, to obtain a composite sample which would be representative of the total (17) e e effluent. Samples shall be taken at such intervals as to establish the BOD, and Suspended Solids of the industrial waste for billing purposes, as determined by the Approving Authority as necessary to maintain a control over the discharges from the Permittee. Additionally, such grab and composite samples as are deemed necessary by the Approving Authority shall be taken at such intervals as to establish the concentrations of prohibited discharges and pretreatment standards as specified in this ordinance. The method used in the examination of all industrial wastes to determine BOD and Suspended Solids shall be as set forth in "Standard Methods" or as defined in 40 CFR, Part 136. SECTION 5 INDUSTRIAL COST RECOVERY SURCHARGE A Permittee discharging industrial wastes with a BOD exceeding 250 mg/l, or a suspended solids content of greater than 300 mg/l, or both, and meet all conditions of SECTIONS 1, ~, and !, may be accepted for wastewater disposal provided that; (a) The wastes will not cause damage to the collection system; (b) The wastes will not impair the treatment process; (c) The discharger of the wastes enters into a contractual agreement with the City of La Porte providing for a surcharge over and above the normal sewer rate. The surcharge for industrial discharge is to be calculated as follows: ISS = (BOD + SS ) x (0 & M cost) x (Vol); where 250 300 (1) ISS represents Industrial Waste Surcharge in Dollars; (2) BOD represents the Biochemical Oxygen Demand (mg/l) of the Industrial Waste. Note: for concentrations less than or equal to 250 mg/l the value of BOD shall be considered zero; (3) SS represents Suspended Solids of the Industrial Waste (mg/l). Note: For concentrations less than or equal to 300 mg/l the value of SS shall be considered zero; (18 ) e It (4) 0 & M Cost represents Operations and Maintenance Cost of La Porte's Wastewater Treatment Facility. Note: The operations and maintenance cost as determined by the City shall be periodically updated. (5) Vol represents Volume Discharged in Thousand Gallons. The volume of wastes shall be determined by the same methods used to calculate the normal sewer service charge or by a Sewage Flow Meter that has been approved by the Approving Authority and purchased, installed, and maintained by the Permittee. All flow rates and BOD and suspended solid values used in determination of the surcharge contemplated herein shall be reevaluated at least on an annual basis. The basis for determining the surcharge contemplated herein shall be reviewed at least annually and shall be adjusted to reflect any change in the Operations and Maintenance costs of La Porte's Wastewater Treatment Facilities. (d) Billinq Practice Industrial Waste surcharges provided for in this ordinance shall be included as a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices. Surcharges shall be paid at the same time that the sewer charges of the person become due and payment for sewer services shall not be accepted without payment also of sewer service surcharges. SECTION 6 PROTECTION FROM DAMAGE OR INTERFERENCE (A) No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works or which is part of the City's industrial sampling system. (B) No person shall prohibit, hinder, physically prevent, or interfere with the lawful inspection and sampling of the Permittee's premises. Violation of this section shall be an offense and may result in disconnection of water and sanitary sewer services. ( 19) e e SECTION 7 POWERS AND AUTHORITY OF ENFORCING AGENTS (A) The Approving Authority, and other duly authorized employees of the City, acting as its duly authorized agent and bearing credentials and identification, shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing, in accordance with provisions of this ordinance. This access shall be permitted during business hours including all times when industrial waste is being discharged and at any time during emergencies as determined by the Approving Authority. The permit may specify routine access times. The Approving Authority, or his representative, shall limit his inquiry and inspection to processes and actions which could result in discharge of pollutants to the sanitary sewer. (20) # e e (B) While performing the necessary work on private properties of Paragraph (A) above, the Approving Authority, or duly authorized employees of the City, shall observe all safety and security rules applicable to the premises established by the company. (C) Any person found to be violating any provision of this ordinance shall be guilty of an offense. The Approving Authority shall issue a Notice of Violation stating the nature of the violation, any necessary corrective measures, and a compliance date. Any person found to be in violation after the compliance date shall receive a citation for a Class C Misdemeanor, and a second Notice of Violation. Any person found to be in violation after the second compliance date shall receive a citation for a Class C Misdemeanor, a Notice of Impending Suspension of Industrial Sewer Connection Permit, and a suspension date. Any person who is found in violation after the Suspension of Idustrial Sewer Connection Permit date shall have his permit suspended, his water turned off, and his sewer service disconnected. The requirement for issuance of a notice of violation shall be waived, where in the opinion of the Approving Authority a flagrant, willful violation is committed, when a violation occurs which causes immediate harm to any person or the sewage works, or when a person discharges wastes to a public sewer without possessing a valid Industrial Sewer Connection Permit. (D) Where chemical substances are released to the public sewer, causing rapid deterioration of, or interfering with, the proper treatment of sewage, or creating conditions potentially hazardous to City employees or the general public, the Approving Authority is authorized to immediately terminate water and sewer services. (E) Denial or Suspension of Permit 1. The Approving Authority may deny a permit if he determines that an Applicant has not complied with Section ~ and may suspend a permit in accordance with paragraph (C) above if he determines that a Permittee: a. Is not complying with Section ~; b. Has violated a provision of this article; c. Has failed to pay a fee required by this ordinance; d. Has failed to comply with pretreatment standards; e. Has failed to comply with the compliance schedule required under Section ~ (E). ( 21) , e e 2. After suspension of permit a Permittee may file a request for reinstatment of the permit. When the Approving Authority determines that the Permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, he shall reinstate the permit. 3. A Permittee whose permit is suspended shall not discharge industrial waste into the sanitary sewer. 4. The Approving Authority may amend any permit issued' hereunder to ensure compliance with applicable laws and regulations ten (10) days after mailing proposed amendment to Permittee at address shown on application. (F) The Approving Authority may publish a list of the names and addresses of all persons committing significant violations of any provision of this chapter during the preceding year. Said list shall be published annually in the newspaper of largest daily circulation. SECTION 8 PENALTIES (A) Any person, firm, or corporation who shall violate any provision of this Ordinance, or who shall fail to comply with any provision hereof,shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed two hundred dollars ($200.00), and each day of the violation shall constitute a separate offense and shall be punished accordingly. (B) This Ordinance applies only to offenses committed on or after its effective date, and any offense committed before this Ordinance's effective date is governed by law in existence at the time the offense was committed. (C) Any person violating any of the provisions of this Ordinance shall become liable to the City for any expense, loss, or damage occasioned by the City by reason of such violation. (D) Other Remedies - The City shall be entitled to pursue other criminal and civil remedies to which it is entitled under authority of statutes or other state ordinances against a person continuing prohibited discharges. (22 ) e e . . SECTION 9 If any provlslon of this ordinance or the application of any provision to any person or circumstance is held invalid, the invilidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable SECTION 10 All ordinances and parts of ordinances inconsistent, or in conflict, with this ordinance are hereby repealed. SECTION 11 The City Council shall review this Ordinance at least once every three (3) years. (23) e e SECTION 11 This ordinance shall take effect immediately from and after it~ passage and publication in accordance with the provisions of the City of La Porte, Texas and it is accordingly so ordained. PASSED AND ADOPTED this day of 1988. Mayor ATTEST: City Secretary (24) (e <e CLIFF HYDE FLYING SERVICE AIRCRAFT SALES - SERVICE - FLIGHT TRAINING Eastern Airlines Pilot Entry Program LA P~IRPORT :(tt~NE 471-0265. 11015 WEST MAIN. LA PORTE. TEXAS 77571 1 ~ 'i1o~\ l e; ~~f~~ i.OI}1-'~ ~ I' I, January 25, 1988 RECEf\/ED JA~.j ) ,l l-.J 1988 Mr. Robert Herrera Ci ty Manager Ci ty of LaPorte laPorte, Texas 77571 Dear Bo bl I totally support the decision of the city to reinact the Airport Advisory Board. The board is much needed to institute a long term development plan and. the people should have some input in the management and. planning of the airport. I submit the following people to be considered for a board positionl Cliff Hyde Tom He11enberg George Sheffield Debbie Rihn Guy Sutherland. Claude Graves Gus Faris Mike Jackson Charles Boyle Fred Sherron Harrison McDonald John Ladd Larry D. Tucker - Chairman, SJC Aviation Program and. LaPorte citizen (Fairmont Park) Dr. Clay Kelley - Director, Vocational Training (SJC) and. LaPorte citizen Paul Johnson - Eastern Airlines representative at SJC Curtis Jenkins - Manager, Hobby Tower (very interested in our airport) Any of the individuals listed would have a serious interest in the development of the airport. Sincerely, ~~ Cliff Hyde President CH/drk .....L_ ~ . CITY OF L! PORTE PHONE (713) 471-5020 . P. O. Box 1115 . LA PORTE, TEXAS 77571 March 10, 1988 Cinda Calderon, Manager Harris County Community Development Agency 3100 Timmons Lane, Suite 330 Houston, TX 77027 Dear Ms. Calderon: In February, Harris County Community Development Agency submitted the preliminary design for the Jennie Riley Community Center. After staff and community leaders reviewed the design, several concerns were pointed out to your agency on the size of the building and expansion of the building in the future. Since additional funding for expansion is not possible at this time by Harris County Community Development Agency or the city of La Porte, the City is requesting the following to be incorporated into the design and construction of the building. 1. All funding be used to get the maximum square footage in the building. This would mean eliminating the patio area, as well as the two walls around the patio area, all sidewalks and relocation of playground equipment. 2. The building be designed to incorporate an expansion plan for a future date. Also, our Engineering Department indicated that a water and sewer line will have to be relocated with the expansion of Jennie Riley. Please have your architect get in contact with the Engineering Department as soon as possible on this matter. If you have any further questions, please advise. Sincerely, ~\.~ Robert T. Herrera Cl ty Manager RTH/ms 1.,1} .. It e COMMUNITY DEVELOPMENT MEETING FEBRUARY 8, 1988 7:00 P.M. CITY HALL PRESENT: Robert Kesl, Cinda Calderon, Mike Swain, Deotis Gay, Robert Swanagan, Charles Perry, Stan Sherwood The preliminary design by Harris County Community Development was reviewed and the following items discussed. f ~ ~ ITEM #1. The overall size was not adequate for adult functions that would be held at the facility. ITEM #2. Restrooms were not adequate and should be relocated. ITEM #3. There was no need for coffee bars or storage rooms. ITEM #4. There was no need for a court yard or open area located to the south of the bUilding. ITEM #5. CDA's funding of sidewalks should go into the expansion of the Jennie Riley Center. A consensus of the group agreed. The following is a list of options that Councilman Gay, Charles Perry, and Robert Swanagan proposed for the building in order of priority. OPTION #1. Enlarge building to 3,360 sq.ft. This would entail adding approximately $140,800.00 to the project. OPTION #2. Enlarging the building to 3,360 sq.ft. in two phases. First phase building approximately 1,680 sq.ft. followed by a second phase of equivalent size at a later date. This would be an additional cost of $6,400.00 for the first phase. OPTION #3. Enlarge the building to 2,286 sq.ft. by adding 16 feet to the south and 40 feet to 1he west. This would allow for a meeting room of around 1,692 sq.ft, and add a projected cost of $54,880.00 to the project. Meeting was adjourned. SS/ms xc: Deotis Gay Robert Swanagan Charles Perry Cinda Calderon Robert Kesl Mike Swain . CITY OF L! PORTE PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE, TEXAS 77571 Ma r c h 1 0 , 19 8 8 Cinda Calderon, Manager Harris County Community Development Agency 3100 Timmons Lane, Suite 330 Houston, TX 77027 Dear Ms. Calderon: In February, Harris County Community Development Agency submitted . the preliminary design for the Jennie Riley Community Center. After staff and community leaders reviewed the design, several concerns were pointed out to your agency on the size of the building and expansion of the building in the future. Since additional funding for expansion is not possible at this time by Harris County Community Development Agency or the City of La Porte, the City is requesting the following to be incorporated into the design and construction of the building. 1. All funding be used to get the maximum square footage in the building. This would mean eliminating the patio area, as well as the two walls around the patio area, all sidewalks and relocation of playground equipment. 2. The building be designed to incorporate an expansion plan for a future date. AJso, our Engineering Department indicated. that a water and sewer line will have to be -relocated with the expansion of Jennie Riley. Please have your architect get in contact with the Engineering Department as soon as possible on this matter. If you have any further questions, please advise. Sincerely, ~\.~ Robert T. Herrera City Manager RTH/ms I.O~ ~ e e COMMUNITY DEVELOPMENT MEETING FEBRUARY 8, 1988 7:00 P.M. CITY HALL PRESENT: Robert Kesl, Cinda Calderon, Mike Swain, Deotis""Gay, Robert Swanagan, Charles Perry, Stan Sherwood I~ .," . "' j ~ ~ f The preliminary design by Harris County Community Development was reviewed and the following items discussed. ITEM #1. The overall size was not adequate for adult functions that would be held at the facility. ITEM #2. Restrooms were not adequate and should be relocated. ITEM #3. There was no need for coffee bars or storage rooms. ITEM #4. There was no need for a court yard or open area located to the south of the building. ITEM #5. CDA's funding of sidewalks should go into the expansion of the Jennie Riley Center. A consensus of the group agreed. The following is a list of options that Councilman Gay, Charles Perry, and Robert Swanagan proposed for the building in order of priority. OPTION #1. Enlarge building to 3,360 sq.ft. This would entail adding approximately $140,800.00 to the project. OPTION #2. Enlarging the building to 3,360 sq.ft. in two phases. First phase building approximately 1,680 sq.ft. followed by a second phase of equivalent size at a later date. This would be an additional cost of $6,400.00 for the first phase. OPTION #3. Enlarge the building to 2,286 sq.ft. by adding 16 feet to the south and 40 feet to ~he west. This would allow for a meeting room of around 1,692 sq.ft, and add a proJected"cost of $54,880.00 to the project. Meeting was adjourned. SS/ms xc: Deotis Gay Robert Swanagan Charles Perry Cinda Calderon Robert Kesl Mike Swain