HomeMy WebLinkAbout2002-09-23 Regular Meeting and Public Hearing
MINUTES OF THE REGULAR MEETING AND
PUBLIC HEARING
OF THE LA PORTE CITY COUNCIL
SEPTEMBER 23, 2002
1. Call to Order
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Barry Beasley,
James Warren, Bruce Meismer, Mike Mosteit, Peter Griffiths, Charlie Young, Howard
Ebow, and Mayor Norman Malone
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Attorney Knox
Askins, Acting City Manager John Joerns, Director of Finance Cynthia Alexander,
Assistant Director of Finance Michael Dolby, Director of Emergency Services Joe Sease,
City Secretary Martha Gillett, Assistant City Secretary Sharon Harris, Police Chief
Richard Reff, Director of Administrative Services Carol Buttler, Director of Planning
Doug Kneupper, Assistant Director of Public Works Buddy Jacobs, Director of Parks and
Recreation Stephen Barr, Administrative Assistant to the City Manager Crystal Scott,
Purchasing Manager Susan Kelley, City Planner Gwen Goodwin, City Manager Robert T.
Herrera, Municipal Court Coordinator Aimee Bird and Officer Tim Bird
Others Present: Barbara Norwine, Phil Craige, Dave Turnquist, Bill Scott, Rob Roy,
Robert Crowe of the Houston Chronicle, Penny Garcia, Rudy Garcia, Sue Gale Mock
Kooken, Charles Underwood, , Spero Pomonis, Steve Helm, Colleen Hicks, Bill Helm,
Alexine Strum, George Ginley, Jon Holverson, Craig Wooten, Keith Gray, Jessica Banks,
Laurisa Westbrook, Eric Westbrook, Ryan Anderson, Jana McLaughlin, Adam Brown,
Jaime Cannon, Mayme Reiss, Nicholas Cornor, Krystle Clement, Yadira Martinez,
Priscilla Longoria, Kacie Newton, Kellie Cornelius, Ryan Osborn, Meghan Lair, Jenna
Hargraves, Brandon Brewer, Chris Rodriguez, Laquisha Jackson, Lindsay Belgau, Steven
Washburn, Amanda Kempf, Amy Brown, Johathan Gonzalez, Alfredo David, Ashley
Thurman, Cristen Lauck and a number of other citizens.
2. Reverend David Morgan of First Baptist Church delivered the invocation.
3. Mayor Norman Malone led the Pledge of Allegiance.
4. Council considered approving the Minutes of the Regular Meeting and Public Hearing of
the La Porte City Council held on September 9,2002.
Motion was made bv Councilmember Warren to approve the Minutes of the Regular
Meeting and the Public Hearing of the La Porte City Council held on September 9,2002.
Second by Councilmember Engelken. The motion carried.
Ayes: Engelken, Warren, Beasley, Griffiths, Meismer, Mosteit, Ebow, Young and Malone
Nays: None
Abstain: None
City Council Minutes 9-23-02 - Page 2
5. PRESENTATIONS
Mayor Norman Malone presented Al Newman with a proclamation recognizing "Boy
Scout Troop 737".
Mayor Malone presented Aimee Bird, City of La Porte Court Coordinator, Secretary of 4-
H, Courtney Gore, and Treasurer of 4-H Allison Sharp, with a proclamation recognizing
"NationaI4-H Week".
Mayor Pro Tern Ebow recognized employees, Richard Spicer and Brian Sterling, as the
"Employees of the Quarter" for the 2nd Quarter of2002.
Mayor Pro Tern Ebow presented employees, James Evans and Mike Turner, with
"Employee Recognition" for their aide to a fellow citizen.
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP AYERS WISHING TO ADDRESS CITY COUNCIL
Penny Garcia of 311 0 Oaken, La Porte, Texas, voiced her concerns regarding drainage
problems and proposed drainage plans at Fairmont Park Baptist Church. Mrs. Garcia is
concerned about property values.
Jon Holverson of the First National Bank of Bella ire, encouraged Council to support the
proposed apartment project at Luella and Fairmont Parkway.
Craig Wooten of 10711 Casdeden, Katy, Texas, of First National Bank of Bellaire,
encouraged Council to support the proposed apartment project at Luella and Fairmont
Parkway.
Steve Helm, a proposed developer, encouraged Council to support proposed apartment
complex at Luella and Fairmont Parkway.
Bill Scott of 1802 Lomax School Road, La Porte, Texas, distributed handouts with
questions for the auditor. Mr. Scott voiced his concerns with the feedlot next to his
property .
George Finley of 303 Spencer Landing, La Porte, Texas, voiced his concerns about a
permit required to build a utility shed.
Laurisa and Eric Westbrook 0002 Bayshore Drive, La Porte, Texas, voiced their concern
regarding standing water in the neighborhood. In addition, they addressed concerns
regarding duplicate street names in the city.
Rob Roy of 609 Canyon Springs, La Porte, Texas, voiced his concerns with the money
spent on the audit, and encouraged Council to support the City Manager.
7. Council to consider approval or other action regarding a resolution designating
Chuck Engelken as the Representative and Peter Griffiths as the Alternate Representative
for the Houston-Galveston Area Council 2003 General Assembly and Board of Directors
as presented by Mayor Norman Malone.
City Council Minutes 9-23-02 - Page 3
Motion was made by Councilmember Warren to approve Resolution 2002-34 as presented
by Mayor Malone. Second by Councilmember Young. The motion carried.
Ayes: Engelken, Griffiths, Warren, Beasley, Ebow, Meismer, Mosteit, Young and Malone
Nays: None
Abstain: None
8. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:47 p.m.
Review by Staff - City Planner Gwen Goodwin presented summary and recommendation
of the Planning and Zoning Commission and answered questions regarding adopting the
mid to high-density regulations by ordinance.
Mrs. Goodwin explained the many changes in multi-family units; one is the total units are
limited to 180; the units per acre are limited to 14; with height restrictions, increased
landscaping and amenities required. The additional requirements with the 25 feet
distance; the complexes with 50 or more units must be 2,500 feet from other complexes
with 20 or more units. Complexes with 49 or less units could locate within 2,500-feet
radius. It is possible to build multi-family, but you have to be under the 50-unit threshold.
Spero Pomonis of2l8 Bay Colony, La Porte, Texas, is opposed to apartments in the City
of La Porte.
Steve Helm, a proposed developer, spoke in favor of this project, but is opposed to the
2,500-feet distance.
Craig Wooten First National Bank of Bellaire spoke in favor of the complex, but is
opposed to the 2,500-feet distance.
Bernard Perlmut, broker-handling sale of property, spoke in favor of the complex, but is
opposed to the 2,500-feet distance.
Recommendation of Staff - Acting City Manager John Joerns informed Mayor that the
recommendations are made by the Planning and Zoning Commission.
Mayor Malone closed the Public Hearing at 7:38 p.m.
9. The Council considered adopting an ordinance as presented by City Planner Gwen
Goodwin.
City Attorney read: ORDINANCE l50l-XX - AN ORDINANCE AMENDING
CHAPTER 106, BY AMENDING SECTION 106-1, "DEFINITIONS", ARTICLE 1. "IN
GENERAL"; BY AMENDING SECTION 106-331, "TABLE A, RESIDENTIAL USES"
AND AMENDING SECTION 106-333 "TABLE B, RESIDENTIAL AREA
REQUIREMENTS", AND AMENDING SECTION 106-334, "SPECIAL USE
PERFORMANCE STANDARDS; RESIDENTIAL" AND AMENDING SECTION 106-
394, "SPECIAL REGULATIONS AND PROCEDURES", ARTICLE III. "DISTRICTS",
DIVISION 2. "RESIDENTIAL DISTRICT REGULA nONS"; AND BY AMENDING
SECTION 106-441. "TABLE A, COMMERCIAL USES" AND SECTION 106-443
City Council Minutes 9-23-02 - Page 4
"TABLE B, COMMERCIAL AREA REQUIREMENTS", ARTICLE III. DISTRICTS,
DIVISION 3. "COMMERCIAL DISTRICT REGULATIONS"; AND BY AMENDING
SECTION 106-771. "YARD REQUIREMENTS", ARTICLE V. "SUPPLEMENTARY
DISTRICT REQUIREMENTS", DIVISION 3. "AREA REQUIREMENTS"; AND BY
AMENDING SECTION 106-835. "DESIGN STANDARDS", ARTICLE VI. "OFF.
STREET PARTKING", OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE; 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 TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Mosteit to table this item under the guidelines of the
October 23,2002 moratorium and revisit the 2500 feet restriction at the October 14,2002
City Council Meeting as presented by Mrs Goodwin. Second by Councilmember
Meismer. The motion carried.
Ayes: Engelken, Warren, Beasley, Ebow, Meismer, Mosteit, Young and Malone
Nays: Griffiths
Abstain: None
10. Council considered a policy confirmation/decision for utility services for property in
Shoreacres.
Acting City Manager John Joerns presented summary and recommendation and answered
Council's questions.
Consensus of City Council is if the City of Shoreacres wants revenue, they need to provide
the services.
11. Council received a report and discussed applicants for the appraisal review board service.
Mayor Norman Malone provided an overview and answered Council's questions.
If there are recommendations, City Council is to notify the City Secretary by November
27, 2002.
12. Mayor Malone discussed the annual Christmas Tree Lighting Ceremony and provided
staff with direction. It was the consensus of City Council to hold this year's ceremony at
the La Porte Community Library on Tuesday, December 10, 2002.
13. Consent Agenda
Council considered a consent agenda as follows:
a. Consider awarding copier contract to Digitex Corporation.
Purchasing Manager Susan Kelley presented summary and recommendation and
answered Council's questions.
City Council Minutes 9-23-02 - Page 5
b. Consider awarding bid for vehicles to Lawrence Marshall Ford, McRee Ford,
Lawrence Marshall Chevrolet and Philpot Ford.
Assistant Director of Public Works Buddy Jacob presented summary and
recommendation and answered Council's questions.
Motion was made by Councilmember Warren to approve the bids as presented.
Second by Councilmember Griffiths.
Ayes: Engelken, Griffiths Warren, Beasley, Ebow, Meismer, Mosteit, Young and
Malone
Nays: None
Abstain: None
14. Administrative Reports
Acting City Manager John Joerns recommended canceling the Council Retreat due to the
pending storm. Council agreed with canceling the retreat for a future date.
Mr. Joerns reminded Council of the TML Conference scheduled for October 16-19, 2002
in Fort Worth, Texas.
15. Council Comments
Councilmembers Griffiths, Beasley, Warren, Young, Meismer, Mosteit, Ebow, Engelken
and Mayor brought items to Council's attention.
16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS
GOVERNMENT CODE - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION, DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS)
Council retired into Executive Session at 8:33 p.m.
551.071 - (Legal Matter) - Meeting with Acting City Manager and City Attorney to
discuss potential litigation.
551.070 - (Legal Matter) - Meeting with City Attorney on contemplated litigation.
551.074 - (Personnel Matter) - Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee: Robert T.
Herrera, City Manager.
Council reconvened the Council Meeting at 9:26 p.m.
City Council Minutes 9-23-02 - Page 6
16. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTWE SESSION
There was no action taken.
17. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting and
Public Hearing were duly adjourned at 9:27 p.m.
Respectfully submitted,
Sf!l~~/1daJ
City Secretary
Passed and approved on this the 14th day of October 2002.
)(/lIlf~~
Norman Malone, Mayor
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Houston-Galveston Area Council
Office of the Executive Director
PO Box 227n. 3555limmons' Houston, Texas n2Zl-2777' 713/627-3200
September 6, 2002
RECEIVED
SEP 0 ~ 2002
CITY SECREt
OFFICE ARY'S
The Honorable Norman Malone
Mayor, City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
.,.
Dear Mayor MaloQ.e:
I am writing regarding the appointment of La Porte's representative to H-GAC's 2003
General Assembly and Board of Directors.
H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not
in excess of 99,999 according to the last preceding Federal Census (2000) to select one member
of its governing body as its representative and one member of its governing body as an alternate
to the H-GAC General Assembly.
H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the
General Assembly delegate. Therefore, the official chosen to serve as the General Assembly
representative will also be designated to serve on H-GAC's Board of Directors.
I have enclosed the appropriate form for your convenience.
The 2003 designated representatives begin their terms of office at the first of January.
If more information concerning General Assembly and Board of Directors membership
would be useful, please contact me or Mary Spain of the staff. Thanks for your help in selecting
H-GAC's 2003 General Assembly and Board of Directors.
Sincerely,
~
Jack Steele
IS/ms
Enclosure
cc: City Secretary
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Recyded
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~u cRlXJ9. .34
DESIGNATION OF REP~SENTATIVES
HOUSTON-GALVESTON AREA COUNCIL
2003 GENERAL ASSEMBLY
AND
BOARD OF DIRECTORS
*********************************
BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby
designat~d as the representative and alternate of the General Assembly of the Houston-Galveston
Area Council for the year 2003:
ALTERNATE
REPRESENTATIVE
FURTHER THAT, they are hereby, designated as the representative and alternate to the Board
of Directors of the Houston-Galveston Area Council for the year 2003.
THAT, th.e Executive Director of the Houston-Galveston Area Council be notified of the
designation of the hereinabove named delegate and alternate.
PASSED AND ADOPTED, this thed3fO day of 5.e..p-+e m fl.e r
, 2002.
APPROVED:
JtIM4~ ;J ~(
M;yor v .
ATTEST:
~Cv )4.)JjiJ/
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I : I
RlEQulT FOR CITY COUNCIL AGIDA ITEM
Appropriation
Source of Funds:
N/A
N/A
N/A
Department: Plannine
Account Number:
Report:
Resolution:
Ol'dinance: X
Amount Budgeted:
Exhibits:
Ordinance
Exhibits A - L
Amount Requested:
N/A
NO
Budgeted Item: YES
SUMMARY & RECOMMENDATION
On February 11, 2002, City Council passed Resolution #2002-20 placing a I80-day moratorium on new
construction of mid to high density residential development for the purpose of reviewing current regulations and
possibly adopting new regulations. City Council directed the Planning and Zoning Commission to assess and
make recommendations to amend the Zoning Ordinance regarding mid to high density residential development.
The Commission's recommendations were to be forwarded to Council for consideration and adoption prior to
July 11,2002. (This is the date the moratorium expires unless an extension is granted.)
At the May 30, 2002 special meeting, the Commission voted to forward their recommendations to City Council.
At the Council's June 10 and 24, 2002 meetings, the proposed regulations were presented during the workshop.
During the June 24th meeting, Council incorporated the following items in the proposed ordinance:
. Landscaping and open space requirements for townhomes, quadraplexes, and multi-family/apartment
developments will increase from 6% to 25%.
. Maneuvering isle width for 45 degree angled parking will increase from 11' to 18'.
. Bonding insurance and/or irrevocable letter of credit amounts will be the following: a) $500,000 for
complexes with 100 or fewer units, and b) $1,000,000 for complexes with more than 100 units.
. Minor language changes were made to the following sections: a) controlled access gates, b) complex
access points, and c) school bus pickup and drop off sites within complexes.
Action Reauired bv Council:
1. Hold public hearing.
2. Consider adopting the mid to high density regulations by ordinance.
i'!o~
D e f
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ORDINANCE NO. 1501- 'i Y.
C1 ~/O~
iRB/ fcl lA rJ\ J O~-;f:
r~C~ C rfJeej
-
AN ORDINANCE AMENDING CHAPTER 106, BY AMENDING SECTION 106-1,
"DEFINITIONS", ARTICLE I. "IN GENERAL"; BY AMENDING SECTION 106-331,
"TABLE A, RESIDENTIAL USES" AND AMENDING SECTION 1 06-333 "TABLE B,
RESIDENTIAL AREA REQUIREMENTS", AND AMENDING SECTION 106-334,
"SPECIAL USE PERFORMANCE STANDARDS; RESIDENTIAL" AND AMENDING
SECTION 106-394, "SPECIAL REGULATIONS AND PROCEDURES", ARTICLE III.
"DISTRICTS", DIVISION 2. "RESIDENTIAL DISTRICT REGULATIONS"; AND BY
AMENDING SECTION 106-441. "TABLE A, COMMERCIAL USES" AND SECTION
106-443 "TABLE B, COMMERCIAL AREA REQUIREMENTS", ARTICLE III.
DISTRICTS, DIVISION 3. "COMMERCIAL DISTRICT REGULATIONS"; AND BY
AMENDING SECTION 1 06-771. "YARD REQUIREMENTS", ARTICLE V.
"SUPPLEMENTARY DISTRICT REQUIREMENTS", DIVISION 3. "AREA
REQUIREMENTS"; AND BY AMENDING SECTION 106-835. "DESIGN STANDARDS",
ARTICLE VI. "OFF-STREET PARKING", OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE; 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 TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND 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, to-wit, on the 30th day of May, 2002, at 6:00 p.m., a special called
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 incorporated by reference herein and made a part hereof for all purposes,
the publisher's affidavit of publication of notice of said hearing.
Section 2. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning & Zoning Commission, by letter dated
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ORDINANCE NO. 1501-_
Page 2
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Section 2. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning & Zoning Commission, by letter dated
June 27, 2002, a true copy of which letter is attached hereto as Exhibit "B," and
incorporated by 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 23rd day of September, 2002, a public hearing was held before the
City Council of the City of La Porte, Texas, pursuant to due notice, to consider the
recommendation 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
hearing.
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 Chapter 106, Articles 1, 3, 5, and 6 of the Code of
Ordinances of the City of La Porte, are desirable and in furtherance of the goals and
objectives stated in the City of La Porte's comprehensive plan.
Section 5.
Article I, Definitions of the Code of Ordinances of the City of La
Porte, Texas are hereby amended with the language contained in Exhibit "0", which is fully
incorporated by reference herein, and which shall hereafter be incorporated into the
Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter
read as indicated on said attached Exhibit "0".
Section 6.
Article II, Administration, Division 4. Permits, of the Code of
Ordinances of the City of La Porte, Texas is hereby amended by adding new Section 106-
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ORDINANCE NO. 1501-_
Page 3
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150, Bond and Insurance Requirements, containing the language contained in Exhibit "E",
which is fully incorporated by reference herein, and which shall hereafter be incorporated
into the Chapter 1 06 of the Code of Ordinances of the City of la Porte, and which shall
hereafter read as indicated on said attached Exhibit "E".
Section 7.
Article III, Districts, Division 2, Residential District Regulations,
Section 106-331 Table A, Residential Uses, Section 106-333, Table B, Residential Area
Requirements, and Section 106-334, Special use Performance Standards; Residential,
Section 106-394 Special Regulations and Procedures of the Code of Ordinances of the
City of la Porte, Texas are hereby amended with the language contained in Exhibits "F",
"G", "H" and "I", respectively, which are fully incorporated by reference herein, and which
shall hereafter be incorporated into the Chapter 1 06 of the Code of Ordinances of the City
of la Porte, and which shall hereafter read as indicated on said attached Exhibits "F", "G",
"H" and "I"" respectively.
Section 8. Article III, Districts, Division 3, Commercial District Regulations, Section
1 06-441 Table A, Commercial Uses, and Section 1 06-443, Table B, Commercial Area
Requirements, of the Code of Ordinances of the City of la Porte, Texas are hereby
amended with the language contained in Exhibits "J" and "K", which are fully incorporated
by reference herein, and which shall hereafter be incorporated into the Chapter 106 of the
Code of Ordinances of the City of la Porte, and which shall hereafter read as indicated on
said attached Exhibits "J" and "K".
Section 9. Article V, Supplementary District Requirements, Division 3, Area
Requirements, Section 106-771 Yard Requirements of the Code of Ordinances of the City
of la Porte, Texas is hereby amended with the language contained in Exhibit "l", which is
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ORDINANCE NO. 1501-_
Page 4
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fully incorporated by reference herein, and which shall hereafter be incorporated into the
Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter
read as indicated on said attached Exhibit "L".
Section 10. Article VI, Off-Street Parking, Section 106-835, Design Standards of the
Code of Ordinances of the City of La Porte, Texas is hereby amended with the language
contained in Exhibit "Mil, which is fully incorporated by reference herein, and which shall
hereafter be incorporated into the Chapter 106 of the Code of Ordinances of the City of La
Porte, and which shall hereafter read as indicated on said attached Exhibit "M".
Section 11. 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 Two Thousand Dollars
($2,000.00).' Each day a violation of this ordinance shall continue shall constitute a
separate violation.
Section 12. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said
City of La Porte, that have accrued at the time of the effective date of this Ordinance; and
as to such accrued violation, the court shall have all the powers that existed prior to the
effective date of this Ordinance; and as to such accrued violation, the court shall have all
the powers that existed prior to the effective date of this Ordinance; and that all existing
violations of previous zoning ordinances which would otherwise become non-conforming
uses under this Ordinance but shall be considered as violations of this Ordinance in the
same manner that they were violations of prior zoning ordinances of said City of La Porte.
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ORDINANCE NO. 1501-_
Page 5
Section 13. 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 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 14. 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,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 15. 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 (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE
DAY OF
,2002.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
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ORDINANCE NO. 1501-_
Page 6
ATTEST:
By:
MARTHA GILLETT,
City Secretary
APPROVED: ;,(
BY:~td.~
KNOX W. ASKINS,
City Attorney
. public hearing at 6:00 P.M.
: on the~ of Me,
: 2002, in the . Coun
. Chambers of the City Ha ,
604 West Falnnont Park-
820 51 way, La Porte, TexaS. The
. purpose of this hearing is
La Por to consider amending Or-
dinance. No. .1501 of the
City of La Porte, pertaining
to mid to high density resi-
dentIal development. Th~
City of La Porte is seeking
this amendment based on .
TI the Resolution No. 02-20.
a~opted by the Ci~ Coun-.' a....
crl. . .' ..N t,
'. I.: tt.
. I . A special called ..ft:
meeting of the Planning ,
and Zoning Commission
. will follow the public. hear-
Ing for the purpose of act. . '1 B' S . ,
jng upon- e pub hear: mg Tile ays lore Area Inee 1947
Ing ite and t con~t .
other m It 5 e 'nin to . ".
C't f L p the Com ssi . '. ~ .'
r y 0 a . ",' '.
County of l-! ;: ~. .'. Citi~' s \2g
State of Tex to address Itle C~fS-
slon pro or con during the
Public Hearing will be re-
Before me : quired to sign in before the Ithority on this date
I meeting Is convened.' .' .
came and a.. .... . ; . .:.. . ,.:: .::.'. '311099, a duly authorized
representati .' ~ITY OF i.A PO~TE . . l Sun, a semi-weekly
newspaper r ..,.'.:. Martha Gillett ..; ~. !rally distributed in the
. . '. . '. City Secretary' .
CIty of La P!:........ .j': ::':>;:.;':i:.:'::~;~~:': Texas and who
after being C::~~/S '~~~/L~n,'~A~::'~/~~.the attached flotice was
published in""ABILIn:' 'ACCOMMODA- dated CJS /IS' /::;')..00;)-'.
TIONS .AVAILABLE. RE- ' I
I QUESTS FOR :ACCOM-
. ... ""~~. .~ MODATJONS FOR IN..
. THE STATE OF TEXAS' TERPRETIVE SERVICES
.' ". '. ...., ""'.'. .._.. : AT MEETING SHOULD
: :~bUNrt OF HARRis .:. \~; BE . MADE 48 HOURS
.' . ," .' . PRIOR TO THE MEET-
:. . ~. ': .... "NG: PLEASE CONTACT
CI.TY OF ~ P'?F.'J.~', :THE CITY SECRETARY'S
. . NOTICE OF PUBLIC : OFFICE AT 281-471-5020
. . ~EARI~.~. OR TDD LINE 281-471-
'. . 5030 FOR FURTHER IN-
" ~ith ~~'P:~~i~i~~~o;~~~~ FORMATION..," Karolyn Kellogg
tion 106-171 of the Code Authorized Representative
'of Ordinance of the City of
~~~~~ i
'. sions of the Texas Local b 'b d b f thO /~~ ~rl/ day of ~1e:r1 P;.,..y,l..-!....___
Government Code, notice J scn e e ore me IS (;, ~ ~
is'hereby given that the La. t . v'
Porte Planning and Zoning Ii 1 /
Commission will conduct a - , ......, .~:t:.-!....-... ~. /~h'''''''H c:..(.".A~"""'--~'
CJ
Sandra E. Bumgarner
Notary Public
Harris County, Texas
e
281-471-1234
Fax: 281-471-5763
re Sun
<f(~1(/n!,~
I 2001.
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City of La Porte
Established 1892
r-
] une 27, 2002
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
During a special meeting on May 30, 2002, the La Porte Planning and Zoning
Commission, held a public hearing to consider additional regulations for mid to high
density residential development.
The Planning and Zoning Commission, by unanimous vote, forwarded our
recommendations for your review. This item has appeared on the Council's June 10th
and 24th agendas as a workshop item, and it will appear on the July 8, 2002 agenda for
your consideration.
Respectfully submitted,
~~:r.cD~
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
Doug Kneupper, Director of Planning
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
DtHmsrr B
PUBLIC NOTICES
.
THE STArE OF TEXAS
COUNTY OF HARRIS
. : .' "
CITY OF LA PORT,E
. ". "_" ~." ..i...... ._
. . .
NOTICE OF PUBLIC
HEARING'
,Yn .' accordance
with the provisions of Sec-
tion 106-171 of the Code
of Ordinances of the' City ,
of La Porte, and the provi-
sions of the Texas. Local'
Government Code, notice
is hereby given that the La
Porte City Council will con-
duct a public hearing at
6:00 P.M. on the 23rd day
of September, 2002, in
the Council ,Chambers' of
the City- Hall, 604, West.
Fairmon!' Parkway, ' La
Porte, Texas. The purpose:
, of this ing i to consid~
er a n g Ordinance
No. 150 0 9' of La
Porte, : pe I' 6 mid
to high dens' re ential
development. ' Th ity of : '
La Porte is seeking this
amendment based" on'
Resolution' #2002-20 '
adopted bY"qity Council. ,
. . . . .
. . .A' regular, meet-
ing of the City Council will
, follow the' public, ,hearing'
for the purposj!' of acting
upon the' public . hearing
items and' to conduct other'
I matter pertaining to City " .
Council. ',' ,"
,Citizens wishing'
to address the City Council ,
pro or con during the Pub.
Iic Hearing will be required'
to sign in before the meet-
ing is convened. . '
CITY OF. lA, POI1TE
Martha Gillett
City Secretary ,
e
e
Street
>> 77571
281-471-1234
Fax: 281-471-5763
~
~
f re Sun
'}'
'Serving The Bayshore Area Since 1947'
rsigned authority, on this date
Karolyn Kellogg, a duly authorized
~ Bayshore Sun, a semi-weekly
'j and generally distributed in the
ris Coul}ty, Texas and who
'n, swears the attached notice was
'shore Sun dated ..? '9 / Co? ~oo.)-"
,
J(~ l{,~tIjt
Karolyn Kellogg
Authorized Representative
j before me this /,~ "'0:1 day of J,.Ji.,.tv~""-
. v
kL<<--)i. ~- ~~
Sandra E. Bumgarner I
Notary Public
Harris County, Texas
.....
, 200 1.
THIS FACILlT'( HAS OIS.
ABLED ACCOMMODA.
TlONS AVAILABLE. RE.
QUESTS FOR ACCOM.
MODA TlONS 'FOR IN;
TERPRETIVE SERVICES
A T MEETINGS SHOULC
BE MADE 48 HOURS
PRIOR TO THE MEET. -er................................................./-1
. ING. PLEASE CONTACT' .,
THE CITY SECRETARY'S BUMGARNER ~
OFFICE AT 281-471; ;C STATE OF TEXAS ~
5020 OR TOO LINE 281~ '\SS\ON EXPIRES ~
471.5030 FOR FURTHEIi L. 30, 2006 ~
INFORMATION. .~............../~
:..--............../..............//.............
IV//..................................................r.
\
BHuerr C
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EXHIBIT "0"
ARTICLE I. IN GENERAL
Sec. 106-1. Definitions.
The following words, terms and phrases, when used in this chapter shall have the meanings
ascribed to them in this section, except where the context indicates a different meaning:
Abutting means having property or district lines in common, or two objects in immediate contact.
Access means of approaching or entering a property, includes a right of passage to a,nd from an
adjacent street.
Accessory structure means a detached, subordinate structure, the use of 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.
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 limited to garages, carports, bathhouses, greenhouses, tool sheds, or swimming pools.
Alley means a public way which, when at least 20 feet in width, may be used for vehicular service
access to the back or side of properties otherwise abutting on a street or highway.
Apartment. See dwelling, multi-family.
Bed and breakfast means a building, the primary use of which is a single-family residence, in
which sleeping rooms are available for overnight rental, subject to the restrictions in section 106-744.
Boardinghouse means a building, built andlor used for residential purposes, where meals for five
or more persons are served for compensation.
Buildable area means the area of the building site left to be built upon after the required yard area
has been provided.
Building means 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 means all building regulations referred to as the Southern Building Code
Congress International (S.B.C.C.!) as amended from time to time and adopted under the city Code of
Ordinances.
Building inspector means the designated chief building official of the city or his designated
representatives. Also see enforcing officer.
Building line. See setback line.
Building permit means 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 means the linear measurement of the side of the building which contains the
primary entrance of the building.
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Carport means a roofed structure, freestanding or attached to another structure designed to
provide covered parking for vehicles. A carport shall have no enclosing walls. A structure shall not be
considered to be a carport unless it is located directly over a driveway.
Clinic means an institution, public or private, or a station for the examination and treatment of
patients by an individual or group of doctors, dentists, or other licensed members of a human health care
profession.
Controlled access highway means any thoroughfare which is a high volume freeway (without
signalization on principal lanes) designed for four to eight main lanes and four service lanes with a right-
of-way capacity that allows two to four additional lanes.
Controlled access highway corridor means a corridor extending 500 feet to either side of the right-
of-way of a controlled access highway as designated on the city's land use map.
Notes:
The definition of Controlled Access Highway (with some minor rephrasing) was taken from
Volume One, Section 1.3 of the city's comprehensive plan.
Controlled access highway corridors are established on the city's land use map and
designated by a cross hatched highlight. State Highway 225 and New State Highway 146
are the only thoroughfares within the city presently designated as controlled access
highways.
Interim sign regulations. Signs located within a controlled access highway corridors shall be
limited to a maximum height of 65 feet.
Commercial amusement or recreation means 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, ferris wheels,
children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and
similar enterprises.
Commercial motor vehicle means any motor vehicle designed or used for the transportation of
persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle
used for delivery purposes.
Common property means 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 means two or more dwelling units on a lot with individual ownership of a unit rather
than a specific parcel of real property; together with common elements. See V.T.C.A., Property Code
81.001 et seq., and the building code adopted in section 82-31.
Conservation area means 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 20 feet from the edge of the stream or bayou bank, right-of-way line,
or other natural features.
Convalescent home means any structure used or occupied by three or more persons recovering
from illness or receiving geriatric care for compensation.
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Corner lot means a lot abutting upon two or more existing or proposed street rights-of-way at their
intersections.
Curb means 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 chapter, the term "curb" includes a generic precast
concrete curb stop.
Density means the measure of a degree to which land is filled with units designed to
accommodate a particular use as such use is set forth in this chapter. Measurements allow inclusion of
internal streets and public ways required to be dedicated in calculating density per acre. Streets
dedicated, improved and accepted prior to platting or the property shall not be counted.
Developed site area means that area which is being developed as per definition by the
development ordinance.
Development ordinance means the city development ordinance, being Ordinance No. 1444,
together with any amendments thereto.
Director means that person holding the position of director of the planning department for the city
or his designated representative.
District means a zoning district which is a part of the city wherein regulations of this chapter are
uniform.
Dormitory means a space in a unit where group sleeping accommodations are provided with or
without 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.
Duplex means a building built for, occupied by, or intended for the occupancy of two families, and
containing two dwelling units.
Dwelling means 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 dwellings, and .multi:"family dwellings, but not including hotels, motels or lodging houses.
Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by
party wall or walls.
Dwelling, detached means a dwelling which is entirely surrounded by open space on the same
building lot.
Dwelling, single-family means a residential building, other than manufactured housing or
recreational vehicles designed for occupancy for one family only.
Dwelling, multi-family means a residential building designed for occupancy of three or morc
families more thardolJr faniilres, with the number of families not to exceed the number of dwelling units.
Dwelling, two-family. Refer to duplex.
Dwelling unit means a single unit providing complete, independent living facilities for one or more
person including permanent provisions for living, sleeping, eating, cooking and sanitation.
Efficiency apartment means an apartment without a bedroom separate from other living quarters.
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Enforcing officer means the chief building official of the city or his designated representative.
Family means any number of related persons or, not more than four unrelated persons living as a
single housekeeping unit.
Fence means a manmade structural barrier erected on or around a piece of property or any
portion thereof.
Floor area means the sum total area of all floors as calculated from measurements to the outside
walls.
Foundation system means an assembly of materials constructed 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 exterior natural forces, as defined by the 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 means an outdoor sign supported by uprights or braces placed in or upon the
ground, or mounted on a vehicle, trailer, or mobile structure principally used for the purpose of advertising
or display of information. For the purpose of this chapter, a portable sign shall be considered to be a
freestanding sign.
Garage, private means an accessory building designed or used for the storage of motor vehicles
owned and used by the occupants of the building to which it is an accessory.
Garage, public means 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 means emitted light which exceeds 60 footcandles.
Grade means a referenced plane representing the average of finished ground level adjoining the
building and all exterior walls.
Grand opening means the formal offering by a new business of its goods, wares, merchandise,
service, entertainment, or activity.
Greenway corridor means a publicly owned system of trails and walkways, patterned in the open
space and pedestrian system plan, and is designated on the land ,-!se map, park zone map, and zoning
map of the city, 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. Greenway
corridors are a special use site, as said special use site is defined in the city's development ordinance,
section 12.07.
Group care facilities means 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.
Hardship means a determination made by the zoning board of adjustment in hearing a variance
request in accordance with section 106-192.
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Height of building means 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.
Home occupation means an occupation limited to custom production, repairing, and servicing,
conducted at a dwelling unit, provided it conforms to the requirements in section 106-749, and provided
that said occupation does not involve general retail sales.
Home owners association means an incorporated, nonprofit organization operating under
recorded land agreements through which (a) each lot and/or homeowner in a planned unit 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.
Hospital, sanitarium, nursing or convalescent homes mean a building 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 means 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.
Industrial housing and buildings means a residential or commercial structure that is constructed in
one or more modules or constructed using one or more modular components, built to the specifications of
the Texas Department of Licensing and Regulation (T.D.L.R.) Rules and Regulations and designed to be
placed on a permanent foundation system consistent with the above requirements. Such industrialized
house or building must bear a T.D.L.R. approved decal or insignia permanently affixed to each
transportable section or component of each industrialized house or building to indicate compliance with
the state standards. An industrialized house or building is not a mobile or manufactured home as defined
herein.
Landscaped means adorned or improved by contouring land and placing thereon live flowers,
shrubs, trees, grass, wood, stone, and ponds or streams.
Light truck means any truck, as defined in this chapter, with a limited manufacturers rated
carrying capacity. This definition is intended to include those trucks with such rated carrying capacity
being not in excess of one ton, panel delivery trucks and carryall trucks.
Loading berth means a parking area provided for commercial motor vehicles, designed for the
receipt or distribution by such vehicles of materials or merchandise to or from the use to which such
parking area is accessory.
lot.
Lot area per dwelling unit means the lot area required for each dwelling unit located on a building
Lot, corner means a building lot situated at the intersection of two existing or proposed street
rights-of-way, the interior angle of such intersection not exceeding 135 degrees.
Lot coverage means the area under roof on any given lot.
Lot, depth means the mean horizontal distance between the front lot line and the rear lot line of
the building lot measured within the lot boundary.
Lot, interior means a building lot other than a corner lot.
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Lot line means a boundary of a building lot.
Lot line, front means 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 front and rear
yard are provided adjacent and opposite, respectively to the front lot line.
Lot line, rear means that boundary of a building lot which is most distant from and is, or is most
nearly parallel to the front lot line.
Lot line, side means any boundary of a building lot which is not a front lot line or a rear lot line.
Lot of record means an area of land designated as a lot on a plat of a subdivision recorded
pursuant to statutes of the state with the county clerk 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, residential large means a homesite for a single-family home that is comprised of at least one
acre (43,560 square feet). Minimum lot width shall be 100 feet.
Lot, single-family dwelling, special means any residential lot for single-family dwelling purposes
with an area of less than 6,000 square feet, but greater than 4,500 square feet.
Lot, through means 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 means 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 means a structure, transportable in one or more sections, which in the
traveling mode is eight body feet or more in width or 40 feet in length, or, when erected on-site, is 320 or
more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling
with or without 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 means a development under single ownership intended for the
rental or leasing only of manufactured housing units.
Manufactured housing subdivision means a subdivision designed andlor 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.
Mobile home means a structure that was constructed before June 15, 1976, transportable in one
or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more
in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis
and designed to be used as a dwelling with or 'without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
M.ulti-family residentia/i development' rrl'eans<t~e ~'se .6(. a lot for: more than four dw~lIing units,
within one or more structures.' iT'h is incl8,des an apartment Gompl~x.
National Manufactured Housing Construction and Safety Act of 1974 means the federal act which
governs the standards for construction, design, and performance of manufactured homes or mobile
homes built in the United States since June 15,1976 defined as homes meeting H.U.D. specifications.
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New business means a project or undertaking which involves the use of any property, building, or
structure, permanent or temporary, for the primary purpose of conducting in such building or structure or
on such property a legitimate commercial enterprise or other nonresidential use, in compliance with all
ordinances and regulations of the city and when such project or undertaking is new to the premises.
Provided however, a change in ownership of at least 50 percent 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 50 percent.
Occupancy means any utilization of property.
Office trailer means a structure, transportable in one 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 without utility connections.
Off-premises sign means any sign which directs attention to any business, commodity, service or
entertainment offered elsewhere than on the premises where such sign appears.
On-premises sign means any sign which directs attention to a business, commodity, service or
entertainment offered on the same premises where such sign appears.
Open space means the area, excluding parking, street, alley, service walk or 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. Developed open space shall
be defined as recreational space developed with facilities for either active or passive recreation not within
any required yard.
Parking space means a surfaced area, designed to control dust and moisture, enclosed or
unenclosed, sufficient in size to store one automobile together with a surfaced driveway connecting the
parking space with the street or alley permitting ingress and egress of an automobile. A parking space or
any requisite maneuvering area incidental thereto shall not occupy any public right-of-way.
Party wall means a fire wall on an interior lot line, used or adapted for joint service between two
buildings.
Planned unit development means 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 sites or other common property. The ownership of the common property may be either public 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 means 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 structuraJ.
members capable, generally, of sustaining themselves as beams between the supporting connections.
Political sign means a temporary sign announcing, supporting or opposing political candidates,
dates or issues in connection with any national, state or local election.
Portable sign means a sign which is not permanently and rigidly affixed or attached to the ground
and is designed or constructed to be easily moved from one location to another, including signs mounted
upon or designed to be mounted on a trailer, wheeled carrier, or other nonmotorized mobile structure.
This definition shall also include any vehicle or trailer parked so as to be visible from a public right-of-way
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for the primary purpose of advertisement of products or directing people to a business or activity located
on the same or nearby property or any other premises.
Public improvements criteria manual (P.I.C.M.) means the set of standards set forth by the
director of planning and approved by the city council to determine the specific technical requirements for
construction to public improvements. The manual may be acquired from the community development
department, and is on file in the city secretary's office.
Public parks means any publicly o~ned park, playground, beach, parkway, or railroad within the
jurisdiction and control of the city.
Public service sign means the following types of signs and no others shall be considered to be
public service signs.
(1) Signs identifying and naming the location of churches, schools and other nonprofit
organizations;
(2) Signs identifying and naming the location of public facilities; and
(3) Community information signs which provide information regarding community functions
and activities.
Signs which display commercial advertising in conjunction with public service information shall not be
considered to be public service signs except that a person, firm, or organization who donates or otherwise
provides a public service sign may be identified on such sign in a means which is clearly incidental to the
primary message.
Quadraplex means four single-family dwelling units joined by common sidewalls, and/or common
f1oorslceilings.
Ranch trailer means a vehicle with or without motive power other than a pole trailer designed for
carrying livestock, ranch implements, or other moveable personal property attendant to the business or
recreational use of the raising of livestock or crops.
Reader panel means any and all portions of any sign on which text, graphics or pictures are
displayed. In the case of double faced reader panels, only one side shall be considered in the calculation
of sign size.
Recreational vehicle means a camp car, motorhome, trailer, or tent trailer with or without motive
power, designed for human habitation or recreational occupation, having less than 320 square feet.
Rest home or nursing home means 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 facilities for surgical care or the
treatment of disease or injury.
Rooffine means the height above finished grade of the upper beam, rafter, ridge or purlin of any.
building.
Semi-trailer means 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 means the closest point to any property line or utility easement which may be
occupied by a structure.
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Setback, sign measurement means the closest point to any property line which may be occupied
by any sign, as defined by this chapter. This point shall be determined by measuring perpendicularly from
adjacent property lines.
Shall is always mandatory; may is always permissive.
Shipping containers means sealable shipping containers, designed for intermodal transportation,
either with or without a permanent affixed chassis, used in intrastate, interstate and international
commerce for the shipment of goods and merchandise.
Shopping center or integrated development means a development consisting of two or more
interrelated business establishments using common driveways and on-site parking facilities.
Sight triangle means the triangular shaped area of clear visibility located at all intersections
including private driveways. The area of the triangle shall be determined by engineering standards.
Sign means any word, number, figure, device, 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.1. for additional definitions. For the purpose of this chapter, a sign
is a structure.
Single-family residential,cJ.~velopment me~ns'ia grouping' of singlE:i-family.dwell!ng),mits (attached
or detached). :rhj~ includes ~,i1gl.e 'family residentjal's.ubdivisi()ns;
Single-family residential, large lot means any single tract or lot comprised of at least 43,560
square feet of property, located in R-1 zone, whose primary use is for a single-family dwelling unit.
Site area per unit means 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.
Site plan, certified means, 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 facilities, and other structures to
be constructed in relationship to surveyed boundaries. Such site plan shall be certified by a registered
engineer or surveyor, licensed as such in the state. Under the terms of the development ordinance
number 1444 on file in the city secretary's office, when a development site plan is required, such
development site plan shall be prepared in accordance with the terms of such ordinance and shall be
accepted as a certified site plan as required herein.
Special exception means only those exceptions provided for under section 106-191.
Standard Industrial Classification Code (SIC) means the numerical code established by the U.S.
Department of Commerce and used in the Standard Industrial Classification Manual, 1987 as amended
and supplemented.
Street, private means 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, public means a public right-of-way, however designated, dedicated, or acquired, which
provides vehicular access to adjacent properties.
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Street, thoroughfare means a public street designed for heavy traffic and intended to serve as a
traffic artery of considerable length and continuity throughout the community and so designated on the
city's thoroughfare plan.
Structure means that which is built or constructed.
Structure, principal means the principal structure which fulfills the purpose for which the building
plot is intended.
Substantial improvements means any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent 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 alteration of any structural part of the building commences.
Temporary sign means a sign not to exceed 18 inches by 24 inches in size which is intended for
a limited period of display.
Townhouse means one of a group of no less than three nor more than 12 attached dwelling units
constructed in a series or group of attached units with property lines separating such units.
Trailer means 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 means any motor vehicle designed, used or maintained primarily for transportation of more
than nine persons or property.
Truck tractor means 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.
Used or occupied, as applied to any land or buildings, shall be construed to include the words
"intended, arranged or designed to be used or occupied."
Yard means 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 means a yard extending 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 means a yard extending across the rear of a lot between the side lot lines and being
the minimum horizontal distance between the rear lot line and the rear of the principal building or any
projections thereof other than steps, unenclosed balconies or unenclosed porches.
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Yard, side means a yard extending along the side lot line from the front yard to the rear yard,
being the minimum horizontal distance between any building or projections thereof except steps and the
side lot line.
Zoning district map means the map or maps incorporated into this chapter as a part hereof by
reference thereto.
Zoning permit means a written instrument signed by the enforcing officer authorizing a use
described in this chapter. in conformance with section 106-142.
Words or phrases not defined in this section shall have their ordinarily accepted meaning as the
context may imply.
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EXHIBIT "E"
ARTICLE II. ADMINISTRATION
DIVISION 4. PERMITS
Sec. 106-141. BuDlding permit application.
Every application for a building permit shall be accompanied by a certified site plan in
accordance with the terms of the development ordinance of the city, together with such
other copies as the enforcing officer may require for city review, showing the lot lines,
subdivision name and the lot and block numbers, the location of the building on the lot,
accurate dimensions of building and lot, and such other information as may be
necessary to provide for the enforcement of zoning regulations. This plan shall be
prepared after the lot has been staked by a licensed surveyor. A record of the original
copy of such application and plans shall be kept in the office of the enforcing officer and
a duplicate copy of the approved plan shall be at the building at all times during
construction.
Sec. 106-142. Zoning permits.
In order to ensure that all new construction and the use of all existing and new
structures and the use of land sh~1I comply with the terms of these regulations, a zoning
permit shall be required in accordance with the rules in section 106-143.
Sec. 106-143. Application for zoning permit.
An application for a zoning permit shall be filed in the office of the enforcing officer on
forms provided by the enforcing officer. Upon approval, a zoning permit shall be issued
stating that the building or proposed use of a building or premises complies with the
provisions of this chapter. A permanent record of all such permits shall be kept on file in
the office of the enforcing officer, and copies shall be furnished, on request, to any
person having proprietary or tenancy interest in the building affected.
Sec. 106-144. Zoning permit to establish new use or change of use of property.
No vacant land shall be occupied or used, except for agricultural purposes, and no
building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or
used nor shall any building have a change in its use or occupancy until a zoning permit
shall have been issued by the enforcing officer stating that the building or proposed use
of the building or premises complies with the provisions of this chapter.
Sec. 106-145. Zoning permit and building permit.
A zoning permit shall be applied for coincident with the application for building permit; it
shall be issued within ten days after the erection, addition, or alteration of such building
or use has been completed in conformity with the provisions hereof, as determined by a
final inspection. The enforcement officer shall not issue a zoning permit for any use or
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structure not in conformance with this chapter or any other ordinance of the city in
accordance with state law.
Sec. 106-146. Zoning permit for nonconforming uses, lots and structures.
A zoning permit shall not be required but may be applied for and shall be issued for
nonconforming uses, lots, or structures. However, in the event of any subsequent
application or building permit or of any change in occupancy the enforcing officer may
require other evidence that the nonconforming use, lot, or structure legally existed prior
to the effective date such property became subject to the terms of these regulations.
Sec. 106-147. 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.
Sec. 106-148. 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's direction and control shall be connected to such building or structure
until the zoning permit approval required by this chapter has been granted.
Sec. 106-149. Application 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
amount established by the city council and listed in appendix A.
,Sec~ 196-1:50. J~.9,nd ~~~"Insura'n~~ R;eqLiJrements.
(a) Eac~, eptity "se'eking, ;!e> construct a multi-family' development is required to
execute and fil~ with the city, a performance and/orpayment. bond, or alternatively',' an
'!rrevocable letter of credit. in the foilowing amounts:
,,':, (1) 'for developmenf~ of les~ th,~:n'1 00 units, $500,000:
~ ::' '(7) Jor de"eI6pmerit~: of 1 oq u~i~s ormor~, $1,OO:O,OQO
(b) The exeGutio{l oiai oor)(t.orleUer or credit payable to the City of La Porte shall
s~,rve as a guar,antee of proper 66mp'liance with applicable' maintenance < and regulatory
standards established under this Code or. ,other applicable la~; the security affor~ed to
t/';1e City by the filing 'of ~f ~ond orletterbf credit shall' include, but not. be limit~d to,
necessary e,xpenses 'irl:c,wreda.s part :'6f "aemolition; of buildings that h'ave fallen into
,disrepair, and ot6er ~~:Dl~~.i~J:: me.asu:,~e.:r ~~:Jn.~Y,b.e'~~~9,e~~~?lfY ~oJri~,in.tain a_pplicapl~
building standards.
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(c) Each b~nd or irre~ocabl~' ietter of credit .shali ~e ren~wabl~. 'e.very fiy.e years.. with
e~idenc~ o(.r~newal to be furnished,to:the city.
, (d) Failure 'of the owner of a&lulti~f~'nilliY development to obtaih, and keep current the
bond or letter-of credit shall be cause ,; for~ revocation" of.' the . ':owner's 'certificate of
- ".'. . _. . I ,t' ~ . . .:. . "'~.". . . , :. :.. h ,
occupancy a8d/or. zo(1iDg, permit.
(e) Each entify seeking tp:,con'str!..lCf a:multi-famH.y:deveIQpment:is also required to
purchase and file with the' ,City ;prc;)Qf o()nsuraric~ lor cbmp'fe,hensive general liability
policy naming the City 'of La' Porte as ;;,an . additi.'onal named,l'nsured in the amount, of
$,1.,000,000.00' for theNe of 'the. ~tr~ctures o.f. th~ :~:~:~'rt'me~t, .complex and/or the
,apartment compl,ex itself.
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EXHIBIT "F"
ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULA TIONS*
Subdivision I. Generally
Sec. 106-331. Table A, residential uses.
P (ABC) -- Permitted uses (subject to designated criteria established in section 106-334).
P - Permitted uses.
A - Accessory uses (subject to requirements of section 106-741)
C - Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-334 as determined by the planning and
zoning commission).
* - Not allowed.
Uses (SIC Code #) Zones
R-1 R-2 R-3 MH
Agricultural production, (011-019 crops) P P P P
Agricultural production, (027 animal spe- C * * *
cialties - breeding or sale)
Bed and breakfast as defined by section 106-1 C C C *
Breeding kennels, private stock, limited to A A C C
dogs and cats, large lot residential
Domestic livestock--Large lot A A A A
Industrialized housing on a permanent P P P P*
foundation
Single-family dwelling, detached P P P P
Single-family dwelling, spedallot * P P P
Single-family dwellings, zero lot line (patio P P
homes, etc.)
Duplexes, doubl'e, bungalQ~s * P P *
(two-family dwelling units)
Townhouses * pm P{ll *
Conversion of single-family d,!"elli~gs to P P
duplexes (or no .more than two-family
dwellings)
Tri-plexes and quadraplexe~ * P(I) P(I) *
(three and four-family dwelling ~nits)
Multi-family(m9j~ t_han four!'l~ellj[lg * * pm *
uni~)
Modular housing on a permanent founda- P P P P
tion system as defined in section 106-1
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Manufactured housing subdivisions re- * C C P
stricted to H.U.D. certified mobile homes;
min. width 20 feet, min. shingled roof pitch
3:12, permanent foundation system; siding
similar to surrounding residential
Manufactured housing subdivisions (re- * C * P
stricted to H.U.D. certified mobile homes
on permanent foundation systems)
Manufactured housing parks * * * P(F, D)
Manufactured housing * * * P
Group care facilities no closer than 1 ,000 * * C *
feet to a similar use (836)
Childcare home in private home (services P P P P
no more than 6)
Daycare centers (services more than 6) * P P P
(835)
Freestanding on-premises identification See article VII of this chapter
sign; townhouses, multi-family develop-
ments, group care facilities, subdivisions,
education and religious facilities
Residential PUD (refer to section 106-636) * C C C
Public parks and playgrounds P P P P
Recreational buildings and community cen- C P P P
ters (832)
Religious institutions (866) C P(AB) P(AB) P(AB)
Public or private educational institutions C P P P
limited to elementary, junior and senior
high (8211)
Junior colleges and technical institutes C P
(8222)
Boarding homes (7021) * P P *
Civic, social and fraternal organizations * C *
(8641 )
Convalescent homes, sanitarium, nursing * * P *
or convalescent homes (805)
Private garages, carports and off-street A A A A
parking (associated with residential uses)
Storage of recreational vehicles or boats A A A A
Storage of equipment in an accessory A A A A
building or behind a screening device
Home occupations A A A A
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Noncommercial greenhouses A A A A
Noncommercial recreation facilities associ- A A A A
ated with residence
Toolhouses, sheds. storage building (non- A A A A
commercial associated with residence)
Boarding or renting of rooms (1 person A A A A
max.)
Off-street loading (refer to section 106-840) . . A .
Off-street parking (refer to See article VI A A A A
of this chapter)
Petroleum pipelines (restricted to existing P p P P
pipeline corridors)
Residential density bonus. as provided in C C C C
section 106-334(g)
Secondary dwelling units C p p .
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EXHIBIT "G"
ARTICLE III. DISTRICTS
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DIVISION 20 RESIDENTIAL DISTRICT REGULATIONS
Subdivision I. Generally
Sec. 106-333. Table S, residential area requirements.
(a) Table 8, residential area requirements.
Maximum
Lot
Minimum Minimum Minimum Minimum Minimum Coverage /
Lot Lot Yard Site Development Minimum
Area / D.U. Width Setbacks Maximum Area / Unit Open Space / Landscaping
Uses S.F. L.F. L.F. FR.S. Height S.F. Unit SoF. Required
8 2, 3. 4, 5, B, 10 ;IS 17 18
11.12.,13;14.15
Single-family detached 6000 50 25-15-5 35 Ft. 9100 40%/N/A
4.8
Single-family large lot 43560 100 25-15-5 45 Ft. DU/A 30%/N/A 0
4356
1.0
Single-family special lot 4500 40 20-10-0 35 Ft. DU/A Footnote 60%/N/A
line,Olotline 7300 #1
6.0
Duplexes 6000 60 ~~~?0~20 45 Ft. DUlA Footnote 60%/N/A
800 #1
Single-family converted 6000 50 20-10-5 35 Ft. DU/A N/A 50%/N/A
to multi-family N/A
Townhouses, 2000 20 25-20-20 45 Ft. 4400 Footnote 75%/25%
quadraplexes (10,000 sJ DU/A #1
of site area 100 ft. wide) 1000
Multi-family 20000 100 25-20-20 45 Ft. 1600 ~ 60%/25%
14 Footnote
DU/A #1
Manufactured housing 4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6%
6.0 #1
DUlA
Manufactured housing 100 of front N/A N/A N/A N/A N/A/N/A
subdivision or parks (5 road frontage
acre min.)
Group care facilities (less 25-20-10 25 Ft. N/A N/A N/A/6%
than 6) and day care
homes
Public or private educa- 30-20-10 45 Ft. N/A N/A N/A/6%
tional and religious insti-
tutions, large group care
facilities, daycare cen-
ters, recreational build-
ings, boarding, and nur-
sing homes
Freestanding on-prem-
ises signs See article VII of this chapter
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Table B footnotes.
1.
Lot Size
5000 - 6000 Sq. Ft.
4000 - 4999 Sq. Ft.
3000 - 3999 Sq. Ft.
2000 - 2999 Sq. Ft.
Required Developed
Open Space / Lot
200 Sq. Ft.
300 Sq. Ft.
400 Sq. Ft.
500 Sq. Ft.
a. Minimum size of developed open space:
(i) For ,multi~family. re~i~ential, geYEl!opinen!S~" rviJi1ih1~m 'of 2$%6.f thoe total development regardless of size ..of
de~eloprT.\ent.
(ii) For townhouse/quadraplex developments: One-half acre for every 80 units or fraction thereof.
b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the
conditions established in sections 106-676 through 106-679. with all documentation required to be submitted for filing in
conjunction with the final plat. (See also the city development ordinance number 1444, section 4.04 which is on file in the city
secretary's office.)
2. A minimum landscape setback of 20 feet 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
groundcover, with a planting plan required to be submitted and approved by the enforcement officer.
3. The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building
including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary.
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 adjacent structure, the front yard
minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall
the minimum front yard setback exceed 30 feet.
5. All side yards adjacent to public R.O.w:s must be ten feet.
6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet.
7. D.UA 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
constructed 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 industrialized housing, 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 article V, division 4 of this chapter 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 and six feet as
measured above adjacent road grade.
11. In the case of multi-family resideotial..qeyelopments with ,50 Or more ,ubi.ts, ,said, con1plexe$ must be located at least 2.500 feet
from other multi-family r;esidentiiOll developmel1ts of 20 or.more units.
12. Within the buildil1g setback, there.mu$t ..b,~ :a,t~n~foot9.p;;tq\.!.e scre~n. c;!tnsj!)tin!;lof $hrubs an.d Jenc,ilJg. (See ,SE1C. 1Q6.3~4 (i)
for screening and fencing ~equir~nients.)
13. .Residential developments that are tQwnhb,uses. qu:adruplexes, or multi~family dwelling units must have a 'minimum of .25%
landscaping,
14. ~Multi-family i.tesidential. developments adj~cent'~o :sirigle-family: reSidential developments' must establish .a 2'5-foot buffer
be.tween the tWo developments, .-Chis buffer is in addition to ~he,setbac~as esl9blished by this table.
15. In ~he case of multi-family residential developments, no off-street parking .shall! be placed within the required 25 feet setback,
or within the required additionlill\ 2S~foot. buffer :when ,the dev~lopment is situated adjacent to a single-family residential
development. Ttie space,ne~de.d to meet' the ~ecjuited parking, spa~es .shall be exclu,sive of the ~equired setback aM the
additional buffer.
16. In the case of multi-family res idE!I1tia I de,valop'ments being adjacent tQ single~family residential developments, the buildings
within the multi-family residentii;ll <;!evelopinents th'at.are directly adjacent to ,the.single-family residential development shall be
limited to 2-stories in height., 'E3LHldings within the 'interior of the multi-family, residenti;al' developments may be 3-stories in
height.
17. Multi~family residential developme~ts cannot exceed 180 dwelling unit$.
18. See Section 106-334(1)(3} for,6pe'o,sp~C;:~:l!~i1ization cri~eri.a.
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EXHIBIT "H"
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ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS*
Subdivision I. Generally
Sec. 106-334. Special use performance standards; residential.
(a) Landscape buffers.
(1) A landscape buffer planted with grass or evergreen ground cover and also planted with
trees shall be provided. No buildings or refuse containers shall be placed in such
areas.
(2) Standards:
a. Minimum width of planting strip: Four feet.
b. A planting plan specifying the location and species of trees to be planted as well
as the type of grass or ground cover to be utilized shall be submitted for approval
by the director or his duly authorized representative.
(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.
(5) Required landscaping must be maintained by the property owner and/or occupant.
(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. 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) Compatibility 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 proposed use and existing and intended future use of the
surrounding area.
(d) Required license obtained. All necessary governmental permits and licenses are
secured with evidence of such placed on record with the city.
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(e) Compatible alterations and adequate parking. Adequate parking as required by Article
VI of this chapter must be provided on the lot and not within any required front yard. Any exterior
alterations must be compatible with the existing structure, and the surrounding neighborhood.
(f) Manufactured housing criteria (manufactured housing parks only). A preliminary
certified site plan must be submitted simultaneously with the submissions required in the mobile
home park ordinance of the city and the city development ordinance, that illustrates compliance
with the following:
(1) Legal description and size in acres of the proposed manufactured housing park. Such
park shall not be less than five acres.
(2) Locations and size of. all manufactured housing sites, dead storage area, recreation
areas, laundry drying areas, roadways, parking sites, and all setback dimensions
(parking areas, exact manufactured housing sites, etc.).
(3) Preliminary landscaping plans and specifications.
(4) Location and width of sidewalks.
(5) Plans of sanitary sewer disposal, surface drainage, water systems, electrical service,
and gas service.
(6) Location and size of all streets abutting the manufactured housing park and all
driveways from such streets to the manufactured housing park.
(7) Preliminary road construction plan.
(8) Preliminary plans for any and all structures.
(9) Such other information as required or implied by these standards or requested by
public officials.
(10) Name and address of developer or developers.
(11) Description of the method of disposing of garbage and refuse and location of approved
solid waste receptacles.
(12) Detailed description of maintenance procedures and ground supervision.
(13) Details as to whether all of area will be developed or a portion at a time.
(14) Density intensity regulations in compliance with Table B, residential.
(15) Compliance with the required number of off-street parking spaces.
(16) All private streets shall be a minimum of 28 feet wide and constructed in accordance
with the public improvements criteria manual. The layout of such private streets shall"
be subject to approval by the fire chief, to ensure adequate emergency access.
(17) All manufactured housing shall have a minimum frontage of 20 feet on public or private
streets.
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(g) Density bonus. W.i~hin single-family residentiai developments, a maximum of ten
percent reduction in square feet of site area per unit for residential developments of 20 units or
more shall be permitted as a conditional use based upon the following bonus features and
square foot reduction:
Bonus Feature
Square Foot Reduction
Per Unit
(1) Major outdoor recreational facilities such as swimming
pools, tennis courts or similar facilities requiring a
substantial investment.
250 square feet
(2) Designation of developed open space for semipublic use
adjacent to designated public greenway corridors equal to
an additional 100 square feet per unit.
100 square feet
(3) All required developed open space must be operated and maintained by a
homeowners association, subject to the conditions established in sections 106-676
through 106-679, with all documentation required to be submitted for filing in
conjunction with the final plat.
(4) The density bonus shall only be permitted per designated open space or major outdoor
recreational facilities in excess of the requirements established in section 12.00 et
seq., of the development ordinance number 1444, on file in the city secretary's office,
including the credit given in section 12.02 for land dedicated by a developer within a
development or subdivision for compensating open space on an acre per acre basis.
(h) Bed and breakfast (as defined in sections 106-1 and 106-744):
(1 )
Bed and breakfast shall be operated in accordance with the bed and breakfast and
home occupation requirements of section 106-749.
Additional required parking shall not be provided in any required front or side yard.
Bed and breakfasts shall comply with the boardinghouse requirements of the currently
adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101).
Addftional m,'uJti~f~ipily: reg"LiJatio.1Js
.. I I IF.' "'" I ~ ~ "f" . ~"I... ,.. . - : .'"'.
Screenlng, A ter:lif9,ot opaque .sc;;r~er:l con~isting of a combination of shrubs, fencing,
and/or ,;masonry ~aH I1lU,~tl be cr$ated between multi-family residential' developmer;:tts
adjacent to single-family .residential developments.
(a), Location ,- l'he' requirea ~;creen' 'shall"belocated within' the first'tem feet of the
b~ilding setback adj~cer)t to;the single'-family residEilntial d!strlct. .'
(b) Planting - A.(the Vrf1~ of planting, ~he shrubs l'J1ust be petw~enJo,l!r ~o six feet tall
8.nd create ~D opaqU:$. screen within' one grq~ing season':
i:: , Allshr'up~, mus(beapPfoved .by Planning. Department,officials.
(2) ',. Fencing. Every rri'ulfi-famllYi;h~vel~pmen~ within. ~tie qty shall haye a pe~imeter fence
loca~ed along all':sides ~9~ttin~ 9f fadng tl:1e right:pJ-wi3y." .as well as alpng all sJdes
abutting or facing.$Jn.g!e-fc!.irni1y re$idential developments;
(2)
(3)
CD
(V
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(a) . Construction; maintenanGe of fence'or watL iEvery fence or .'H:all her~in shall. be
constructed and maintained as follows:'
E., All fe'nces shall: be constructed of wood; masonry, or wrought iron,.
ii: All f~nces' or wan~ shall' extend downward to ~ithin three Inches of the
ground and sh~1I test plum arid squa~e at all times.
iii. All fences or ,walls. shall b~ 'c9n~tru(:ted In, compliance with, all 'applicable
provisions of t~e buiiding' code of th~ :.city.
(b) : Gates at openings in endosure..!Openings.. in the prescribed enclosure which are
necessary to permit reasonable access to said multi-family development shall be
eql:J'ipped :with a gate ejr gates, constructed and maintained in accordance with,
th'e j'equirements feir' a felOc~'or Wail set forth iri this'section!
(3) Recreational aregs, faci!iti~s, and, open spaqe.
(a) The open space requireml:mts for townhouses, quadlipl~xes and, multi-family
developments shall include: a, ,combination of the following:
i. Trails,
iL' Playgrounds (excepUn the case of:"Senior Only" development~),
iii~ 'ClubhoLlses, and/or
iv;. ,: On-site: d,etention pond ar~as (Playgrou~ds,~re': not to: be: located iri.. th~
deten~ion,pond ar.e~s.).
(4) Controlled access gates, if utilized:
(a.) :Shall be .constructe.c~:' set 'back frorjl the' street far, enough to prevent traffic
congestion, from any ~vehicle :tra.v~Hng, on ttl~ Iig~~-of-~~y adJac;:~nt to ,such
,controlled acces~, gate, and
(b) Must. provide 24.,.hour access to emergency vehiCl,es,.,:includrng Fire Departmen't,
EMS, Police DepartlTlent. and utility'company v~hicles,.
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EXHIBIT "I"
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ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS
Subdivision IV. R-3 High Density Residential District
Sec. 106-394. Special regulations and procedures.
(a) Refer to articles IV, V, VI, and VII of this chapter, and refer to Section 106-334 (i).
(b) All 6.1ulti-family developments with residential units more than 200 feet from a public
street must meet the following private street design criteria:
(1) Purpose. The purpose for the regulation of private streets and the standards
established in this section are:
a. To provide adequate vehicular access to all buildings and facilities by city police,
fire, and solid waste department vehicles; and
b. To provide for the safe movement of all vehicles from a private street to the
public street system of the city.
(2) Location. All portions of residential buildings must be within a 300-foot length,
measured horizontally as a fire hose would lay, from a public or private street.
(3) Width. The width of a private street shall be measured from edge to edge across
the surface of the pavement. The right-of-way width and the pavement width of a
private street are considered coterminous and the terms are used interchangeably.
The minimum acceptable unobstructed width of any private street is 28 feet. If
parallel parking is proposed along the private street, additional width may be
required to accommodate such parking.
(4) Dead ends, cul-de-sacs, and T or L-type turnarounds. Dead end private streets
must be terminated by a circular cul-de-sac having a paving radius of not less than
40 feet or a T or L-type turnaround designed in conformance with the standards
approved by the director.
(5) Length of cul-de-sacs or dead end private streets. Dead end private streets must
not extend further than 300 feet from the nearest right-of-way line of the
intersecting public or private street measured along the centerline of said private
street to the center of the cul-de-sac or the outer limit of the paving in the T or L-
type configuration.
(6) Construction. All private streets shall be constructed in conformance with the public'
improvements criteria manual.
(c), : Points of entryiexit: All mu,lti-family, developments shall contain a minimum of two
" ',- . ," on ,'.' >.. l"" .' ". . . . '..
points of entry for ingress' and egress, of vehicle traffic frorn",adjacent public rights-:of-waY
a.nd thoroughfares.
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EXHIBIT "J"
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ARTICLE III. DISTRICTS
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Sec. 106-441. Table A, Commercial uses.
P (ABC) -- Permitted uses (subject to designated criteria established in section 106-444).
P - Permitted uses.
A - Accessory uses (subject to requirements of section 106-741).
C - Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-444).
* -- Not allowed.
Uses (SIC Code #) Zones
CR NC GC
All uses permitted' or/accessory in J~-3
zone, except single-family,. detached and
special lot, dupl,~xe~, quadr.~plexes, toWn;.
houses, and multi-family P P
All conditional uses in R-3 zone * C C
Agricultural service (076--078) * * P
Amusements (791--799) C * P
Amusement (7993)1 C * P
Antique and used merchandise stores (5932) * P P
Arrangements for passenger transport (472) * * P
Arrangement for shipping and transport (473) * * P (I)
Apparel and accessory stores (561-569) C * P
Automotive dealers and service stations
(551,552,553,555-559) * * P
Automotive repair, services (751--754) * * p
Banking (601--605) * * P
Building construction--general contractors (152--161) * * P
Building construction--special trade
contractors (171--179) * * P
Building materials, garden supply (521--523, 526--527) * * P
Business services (731, 732, 736--738) * * P
Business services (7359) * * P (A, B, C, D)
Civil, social and fraternal organizations, (8641) C C C
Communications (481--489) * * P
Convenience stores (5411 ) * P P
Credit agencies (611--616) * * P
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Dog grooming * * P (H)
Drugstores (591) * P P
Eating and drinking places (5813) C * P
Eating places (5812) C P P
Electric, gas and sanitary services (491, 4923, 493,
494, 4952) * P P
Engineering, architectural, accounting services
(871--872) * P P
Food stores, general (541, 542, 544, 545, 549) * * P
Freestanding on-premises signs See article VII of this chapter
Governmental and public utility buildings
(911--922,9631,4311) C * P
Grocery, fruit and vegetable stores (542, 543) * P P
Hardware stores (525) * P P
Home furnishing stores (571--573) * * P
Hotels and motels (701, 7032, 704) C * P
Hospitals, laboratories (806--809) * * P
Insurance, real estate, legal, stock and commodity
brokers, agents (641--679) * P P
Laundry (plants) (7216--7219) * * P
Membership organizations (861--869) * * P
Miniwarehousing (4225) * * C
Misc. retail (592, 593, 5948, 596--599, 5399) C * P
Misc. repair services (762--764) * P P
Misc. shopping (5941--5947, 59,49, 5992--5994) C P p
Misc. shopping (5995, 5999) C * *
Motion picture theaters (7832) * * P
Museums, art galleries (841--842) C * P
Offices for doctors, dentists, etc. (801--805) * P P
Passenger transportation (411--415) * * P
Personal services (7211--7215, 722--729) * P P
Recreational buildings and community centers C P P
Reproduction, photography, and cleaning
services (733-734) * P P
Repair services (7699) (except tank truck cleaning) * * P
Retail bakeries (546) * P P
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Securities and insurance (621--639) * * p
Service stations (554) * P
Service stations, excluding truck stops (554) C * P
Underground pipelines (461) * P P
Veterinary services (0742) * P P
Video rental and sales shop * p P
Parking ramps and structures C P P
Commercial PUD (Refer to section 106-636) * C C
Outdoor sales as a primary or accessory use * * P (C, G)
Outdoor storage as a primary or accessory use C * P (B)
Off-site parking C C C
Off-street loading C C C
Joint parking C C C
Drive-in or drive through facilities as an
accessory or principle use C C C
Kennels, boarding (0752) * * C
Kennels, breeding (0279) * * C
Unlisted uses, similar to uses listed above C C C
1. Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.)
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EXHIBIT ilK"
ARTICLE III. DISTRICTS
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DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, commercial area requirements.
Uses
Minimum
Landscaping
Required
5
Minimum
Yard
Setbacks
F.R.S.
1, 3, 4, 6, 7
Maximum
Lot
Coverage
R-3, use~.,(permitted) except
single-family, detached and
spatial lot, duplexes, quad~
ruplexes, townhouses, and
multi-family
Adjacent to
Residential
Minimum Yard
Setback
F.R.S.
2,6
Maximum
Height
(feet)
6% Density Intensity Regulations Specified in Table B, Residential
area requirements, section 106-333
Same as
principle
use
Same as
Principal
Use
See article VII of this chapter
CR Comm. Recreation Dist.;
all permitted or conditional
NC Neighborhood Comm.;
all permitted or conditional
GC General Comm.; all
permitted or conditional
Outside sales or services
6%
50%
20-10-0
6%
40%
20-10-0
5-5-5
N/A
N/A
Outside storage
N/A
N/A
20-1 0-5
Freestanding on-premises
signs
Freestanding on-premises
signs located in controlled
access highway corridors
20-10-10
45
20-20-10
45
N/A
See section
1 06-444(b)
See article VII of this chapter
(b) Footnotes to Table B.
1. A minimum landscape setback of 20 feet will be required adjacent to all designated cO,nservatiol'},
areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be
allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and
groundcover, with a planting plan required to be submitted and approved by the enforcing officer.
Required landscaping must be maintained by the property owner and/or occupant.
2. Screening is required in conformance with section 106-444(a).
3. All yards adjacent to public right-of-way must be a minimum of ten feet.
4. The minimum setback adjacent to any utility easement shall be three feet.
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5. See article V. division 4 of this chapter 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 and six feet as measured above adjacent road grade.
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EXHIBIT ilL"
ARTICLE V. SUPPLEMENTARY DISTRICT REQUIREMENTS
DIVISION 3. AREA REQUIREMENTS
Sec. 106-771. Yard requirements.
The following shall not be considered as encroachments on yard setback
requirements: ,
(1) Chimneys, flues, belt courses, etc. 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 into any front or
rear yard, and two feet into any side yard.
(2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features,
provided they do not extend more than one foot above the height of the exterior
finish grade elevation, or to a distance less than two feet 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 such pools are located
in a front yard adjacent to Galveston Bay, and provided further that such pool
does not extend more than one foot above the exterior finish grade elevation, or
to a distance less than two feet from any lot line or encroach upon any utility
easement.
(3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy,
provided that no portion of such patio covers, awnings, or canopies shall
encroach into any utility easements, or any vertical projection thereof, and
provided further that no portion of such patio covers, awnings, or canopies shall
be located at a distance less than five feet from the side property line or three
feet from the rear property line, or any vertical projection thereof.
(4) Front and side yard carports. Front and side yard carports shall be permitted for,
single-family detached homes subject to the following requirements:
a. Carports in a required front or side yard shall not be located closer than
five feet from any front or side property line.
b. Carports located on corner lots shall not be located closer than 25 feet
from an intersection. This distance shall be measured from the.
intersection of property lines common with street right-of-way lines.
c. The maximum width of a carport located in a required front or side yard
shall be 25 feet.
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(5) 'Recreati6nal ,areas; facilities and open.space..,. Trails., playgrounds, and
detention ~re.as, Jo'cat~d ..\Nithin ' , multi~family residential developments are
permitted provid~d theY:iJiq'not_~Dcro;:lc~~il1to, aflY l!miW,~a~~m.e!1t.
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EXHIBIT 11M"
ARTICLE VI. OFF-STREET PARKING
Sec. 106-835. Design standards (also see Figures 10-1, 10-2 and 10-3).
(a) Parking space size. Each standard parking space shall not be less than ten feet
wide and 18 feet in length, and each .handioap ADA accessible parking space
shall riot I:;te less. than"14,"feet '~wide and ,20 feet ':in 'Iel")gth;' exclusive of access
aisles, and each space shall be served adequately by access aisles cxolusivc of
access aisleG, ::md each space shall be served adequately
(b)' Within structures. The off-street parking requirements may be furnished by
providing a space so designed within the principal building of one structure
attached thereto; however, unless provisions are made, no building permit shall
be issued to convert such 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 chapter.
(c) Circulation.
(1) Except in the case of single-family, two-family and townhouse dwellings,
parking areas shall be designed so that circulation 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-family, two-family and
townhouse dwellings, parking area design which requires backing into the
public street is prohibited.
(2) "Ail:: multi-family,., dev,elopments must, ,in:clude '. :an 'area designated .for
acCommodation, of, .,' school: , buses; and, i,the loading and unloading' of
passengers:. ;. Wherever possible said pick up/drop :off" sites should be
,Ideated such ~hat the :'passengers can be;protett~d from th~' elements. Such
areas" must' comply :with :minimum stan:dards necessary for .the efficient
in'gre~s, eg:i:'essia~d: :,maneuvering, of s,chool busel? for ~he loading and
unloading:pf p~sse:ng~rsa~:set by the,L~~P9rte Independent School District.
A copy o.f these standl:u:ds.:c~n be obtained from .the School pistrict.
(~) 'In :th~ c~se of 6ff~street parking ,faCilities ,: located .within : multi4aniily
developinents all non-adjacent garage structures divided by parking b_8.YS or
access aiSles shan be separated by no less than ,28'feet:
(4) . Maneuvering aisle - j\'minimui:n:of a ,28-foot maneuvering aisle is required
. for gO-degree. parking:. A minimum. 'of a 18-foot maneuvering aisle is
requiredifor 60- and 45'-degree' parking.
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(d)
Parallel parking spaces. In all cases, parallel parking spaces shall be 22 feet 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 Figures 10-1 and 10-3.
"Head-in" parking spaceS'~ In th~::case': of off-st:ri3et. parklng 'facilities located' within
. . "1"' ..' : '. I' , ,"." . , ." .'
multi-family developments exclusively servi/:1g "l:jel1ipr" ~ge iQdividuaJ$, all 900 or
"head~ir(parking is 'p:rohi~'ited::
(e)
FIGURE 10-1
(See drawings)
FIGURE 10-2
CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS
, (R-1, R-2, R-3, MH)
Driveway
Requirements
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
12' to 25'
2' to 5'
25' min.*
10' min.
3' min.
90
5% max.
b. Expansion joint
c. Curb (if applicable)
Min. 4" thickness
w/6 X 6-6/6 W.W.M.
At property line
Curb disappearing at
property line
Min. 3' from poles,
hydrants, etc.
Obstruction clearance
* This distance shall be measured from the intersection of property lines common with
street right-of-way lines.
106-835
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LA PORTE CODE
FIGURE 10-1
SCALE: l' = 40
r ~ Z1J.tI -./' 90.
14.0' ~
J.-
-r-- r
IIl.ll' to'
..ol,......;
'- lLl1' -+-- art --.lr- lLl1' ~
L - L
1 1
.. NOTE1
.. NOTE1
~1'
4.Z
4.Z
.. NOTE1: 60. or 450 PARKING CONFIGURATIONS ARE MANDATORY
FOR SENIOR HOUSING DE'JELOPMENlS.
ORDINANCE NO. 1501- "X
{1 ~/O~
1M1 tJ lA ~ I Of-:/-.
I~(~ t rYIe1
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AN ORDINANCE AMENDING CHAPTER 106, BY AMENDING SECTION 106-1,
"DEFINITIONS", ARTICLE I. "IN GENERAL"; BY AMENDING SECTION 106-331,
"TABLE A, RESIDENTIAL USES" AND AMENDING SECTION 106-333 "TABLE B,
RESIDENTIAL AREA REQUIREMENTS", AND AMENDING SECTION 106-334,
"SPECIAL USE PERFORMANCE STANDARDS; RESIDENTIAL" AND AMENDING
SECTION 106-394, "SPECIAL REGULATIONS AND PROCEDURES", ARTICLE III.
"DISTRICTS", DIVISION 2. "RESIDENTIAL DISTRICT REGULATIONS"; AND BY
AMENDING SECT!ON 106-441. "TABLE A, COMMERCIAL USES" AND SECTION
106-443 "TABLE B, COMMERCIAL AREA REQUIREMENTS", ARTICLE III.
DISTRICTS, DIVISION 3. "COMMERCIAL DISTRICT REGULATIONS"; AND BY
AMENDING SECTION 106-771. "YARD REQUIREMENTS", ARTICLE V.
"SUPPLEMENTARY DISTRICT REQUIREMENTS", DIVISION 3. "AREA
REQUIREMENTS"; AND BY AMENDING SECTION 106-835. "DESIGN STANDARDS",
ARTICLE VI. "OFF-STREET PARKING", OF THE CODE OF ORDINANCES OF THE
CITY OF lA PORTE; 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 TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND 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, to-wit, on the 30th day of May, 2002, at 6:00 p.m., a special called
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 incorporated by reference herein and made a part hereof for all purposes,
the publisher's affidavit of publication of notice of said hearing.
Section 2. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning & Zoning Commission, by letter dated
ORDINANCE NO. 1501-_ e
Page 2
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Section 2. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning & Zoning Commission, by letter dated
June 27, 2002, a true copy of which letter is attached hereto as Exhibit "B," and
incorporated by 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 23rd day of September, 2002, a public hearing was held before the
City Council of the City of La Porte, Texas, pursuant to due notice, to consider the
recommendation 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
hearing.
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 Chapter 106, Articles 1, 3, 5, and 6 of the Code of
Ordinances of the City of La Porte, are desirable and in furtherance of the goals and
objectives stated in the City of La Porte's comprehensive plan.
Section 5.
Article I, Definitions of the Code of Ordinances of the City of La
Porte, Texas are hereby amended with the language contained in Exhibit "0", which is fully
incorporated by reference herein, and which shall hereafter be incorporated into the
Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter
read as indicated on said attached Exhibit "D".
Section 6.
Article II, Administration, Division 4. Permits, of the Code of
Ordinances of the City of La Porte, Texas is hereby amended by adding new Section 106-
ORDINANCE NO. 1501-_ e
Page 3
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150, Bond and Insurance Requirements, containing the language contained in Exhibit "E",
which is fully incorporated by reference herein, and which shall hereafter be incorporated
into the Chapter 1 06 of the Code of Ordinances of the City of La Porte, and which shall
hereafter read as indicated on said attached Exhibit "E".
Section 7.
Article III, Districts, Division 2, Residential District Regulations,
Section 106-331 Table A, Residential Uses, Section 106-333, Table S, Residential Area
Requirements, and Section 106-334, Special use Performance Standards; Residential,
Section 106-394 Special Regulations and Procedures of the Code of Ordinances of the
City of La Porte, Texas are hereby amended with the language contained in Exhibits "F",
"G", "H" and "I", respectively, which are fully incorporated by reference herein, and which
shall hereafter be incorporated into the Chapter 1 06 of the Code of Ordinances of the City
of La Porte, and which shall hereafter read as indicated on said attached Exhibits "F", "G",
"H" and "I"" respectively.
Section 8. Article III, Districts, Division 3, Commercial District Regulations, Section
106-441 Table A, Commercial Uses, and Section 106-443, Table B, Commercial Area
Requirements, of the Code of Ordinances of the City of La Porte, Texas are hereby
amended with the language contained in Exhibits "J" and "K", which are fully incorporated
by reference herein, and which shall hereafter be incorporated into the Chapter 1 06 of the
Code of Ordinances of the City of La Porte, and which shall hereafter read as indicated on
said attached Exhibits "J" and "K".
Section 9. Article V, Supplementary District Requirements, Division 3, Area
Requirements, Section 106-771 Yard Requirements of the Code of Ordinances of the City
of La Porte, Texas is hereby amended with the language contained in Exhibit "L", which is
ORDINANCE NO. 1501-_ e
Page 4
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fully incorporated by reference herein, and which shall hereafter be incorporated into the
Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter
read as indicated on said attached Exhibit "L".
Section 10. Article VI, Off-Street Parking, Section 106-835, Design Standards of the
Code of Ordinances of the City of La Porte, Texas is hereby amended with the language
contained in Exhibit "M", which is fully incorporated by reference herein, and which shall
hereafter be incorporated into the Chapter 1 06 of the Code of Ordinances of the City of La
Porte, and which shall hereafter read as indicated on said attached Exhibit "M".
Section 11. 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 Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
Section 12. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said
City of La Porte, that have accrued at the time of the effective date of this Ordinance; and
as to such accrued violation, the court shall have all the powers that existed prior to the
effective date of this Ordinance; and as to such accrued violation, the court shall have all
the powers that existed prior to the effective date of this Ordinance; and that all existing
violations of previous zoning ordinances which would otherwise become non-conforming
uses under this Ordinance but shall be considered as violations of this Ordinance in the
same manner that they were violations of prior zoning ordinances of said City of La Porte.
ORDINANCE NO. 1501-_ e
Page 5
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Section 13. 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 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 14. 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,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 15. 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 (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE
DAY OF
,2002.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ORDINANCE NO. 1501-
Page 6 -
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ATTEST:
By:
MARTHA GILLETT,
City Secretary
APPROVED: ~
By: ~tAJ. ~
KNOX W. ASKINS,
City Attorney
: public hearing at 6:00 P.M.
on the~ of May,
2002, in the CouA
Chambers of the City HW'
604 West Falrmont Park.
820 Sl way, La Porte, Texas. The
purpose of this hearing Is
La Por 10 consider amending Or.
dlnance No. 1501 of the
City of La Porte. pertaining
to mid to high density resi-
dential development. The
Ci.ty of La Porte is seeking :F"
Ihls amendment based on P\t'.;,!
Tithe Resolution No. 02-20. \' /,yr:
:.""'" by ... City c'"""; ~
I A special called M,w;
meeting of the Planning "1
and Zoning Commission
will follow the public hear.
Ing for the purpose 01 act- . 7'1 B 1 AS. 94 '
Ing upon e pub hear~ mg .J. Ize ays zore rea znce 1 7
lng ite and con~
other m tt s e inln to ' _
City of La P ~he c~m ssi ~ -
County or H : Cillz . s ;;:g
State of Tex to address t e Co Is-
slon pro or con during the
Public Hearing will be re-
Before me ' quired to sign in before thelthority on this date
I meeling Is convened. ' I
came and a , 311099, a duly authorized
representati CITY OF LA PORTE 1 Sun, a semi-weekly
newspaper I Martha Gillett !rally distributed in the
City Secretary
City of La PI Texas and who
after being C THIS FACILITY HAS DIS- the attached !'lotice was
published in ABILITY ACCOMMODA. dated ()S II ~ l,?1..oo> '.
TlONS 'AVAILABLE. RE- .,
'QUESTS FOR ACCOM-
MODA TIONS FOR IN-
THE STATE OF TEXAS TERPRETIVE SERVICES
A T MEETING SHOULD
BE MADE 48 HOURS
PRIOR TO THE MEET-
ING. PLEASE CONTACT
THE CITY SECRETARY'S
OFFICE AT 281-471-5020
OR TOO LINE 281-471-
5030 FOR FURTHER IN-
FORMATION,
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
In ,accordance
with the prOVisions of Sec-
tion 106-171 of the Code
of Ordinance of the City of
La Porte, and the provi-
sions 01 the Texas Local b 'b d b f thO II '-1/
Government Code, notice j scn e e ore me IS (;;> l
is hereby given that the La, ,J"
Porte Planning and Zoning I i' 1t.
Commission will conduct a #-f--, '...t:-v-,. /?
COUNTY OF HARRIS
.:0
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281.471.1234
Fax: 281.471.5763
re Sun
fj8.'^uY..4rrv rfcu n fJ<
Karolyn Kellogg
Authorized Representative
f -;j- /'
day of ,4J.~,.y../<.it!.........
. ,./
t -...~." l "./v":,"~""'('______'
, ()
Sandra E, Bumgarner
Notary Public
Harris County, Texas
I 200 2.
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City of ]La. PCOJJrftce:
Established 1892
] une 27, 2002
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
During a special meeting on :May 30, 2002, the La Porte Planning and Zoning
Commission, held a public hearing to consider additional regulations for mid to high
density residential development.
The Planning and Zoning Commission, by unanimous vote, forwarded our
recommendations for your review. This item has appeared on the Council's June 10th
and 24th agendas as a workshop item, and it will appear on the July 8, 2002 agenda for
your consideration.
Respectfully submitted,
~~~~
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
Doug Kneupper, Director of Planning
604 W. Fairmont Pkwy. 0 La Porte, Texas 77571 0 (281) 471-5020
~n~mr 1E
THIS FACILITY HAS DIS-
ABLED ACCOMMODA.
TIONS AVAILABLE. RE.
QUESTS FOR ACCOM.
MODA TlONS FOR IN.
TERPRETlVE SERVICES
A T MEETINGS SHOULC.
BE MADE 48 HOURS
PRIOR TO THE MEET. '-"'"........................................-1
. ING. PLEASE CONTACl ~
THE CITY SECRETARY'S BUMGA.RNER ~
OFFICE AT 281.471. ;C STATEOFTEXAS S
5020 OR TOO LINE 281. "55101'1 EXPIRES ~
471-5030 FOR FURTHEFi L 30, 2006 ~
INFORMATION, ~~..r.....""''''''~
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PUBLIC NOTICES
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
In accordance
with the provisions 01 Sec.
tion 106-171 01 the Code
01 Ordinances 01 the City
01 La Porte. and the provi-
sions of the Texas Local
Government Code. notice
is hereby given that the La
Porte City Council will con-
duct a public hearing at
6:00 P.M. on the 23rd day
of September, 2002, in
the Council Chambers of
the City Hall, 604 West
Fairmont Parkway, La
Porte. Texas. The purpose
of this ing i to consid-
er a n g Ordinance
No. 150 0 g~ of La
Porte, ,pe I 0 mid
to high dens' r entiat
development. The ity of
La Porte is seeking this
amendment based on
Resolution #2002-20
adopted by City Council.
A regular meet-
ing 01 the City Council will
follow the public hearing
for the purpose 01 acting
upon the public hearing
items and to conduct other
mailer pertaining to City
Council.
Citizens wishing
to address the City Council
pro or con during the Pub-
lic Hearing will be required'
10 sign in before Ihe meet-
ing is convened,
CITY OF LA PORTE
Martha Gillell
City Secretary
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e
Street
; 77571
281-471-1234
Fax: 281-471-5763
~
~
re Sun
'Serving The Bayshore Area Since 1947'
rsigned authority, on this date
Karolyn Kellogg, a duly authorized
~ Bayshore Sun, a semi-weekly
:I and generally distributed in the
ris Cou,:!ty, Texas and who
'n, swears the attached notice was
'shore Sun dated :.J 9/ tl;? /dJOO;)-'.
,
~~ ~tj!t
Karolyn Kellogg
Authorized Representative
j before me this / b "[l! day of _Jr."J~~
k~,,-- A. fi-... ~
Sandra E. Bumgarner '
Notary Public
Harris County, Texas
.:0
, 200 2.
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EXHIBIT "0"
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ARTICLE I. IN GENERAL
Sec. 106-1. Definitions.
The following words, terms and phrases, when used in this chapter shall have the meanings
ascribed to them in this section, except where the context indicates a different meaning:
Abutting means having property or district lines in common, or two objects in immediate contact.
Access means of approaching or entering a property, includes a right of passage to and from an
adjacent street.
Accessory structure means a detached, subordinate structure, the use of 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.
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 limited to garages, carports, bathhouses, greenhouses, tool sheds, or swimming pools.
Alley means a public way which, when at least 20 feet in width, may be used for vehicular service
access to the back or side of properties otherwise abutting on a street or highway.
Apartment. See dwelling, multi-family.
Bed and breakfast means a building, the primary use of which is a single-family residence, in
which sleeping rooms are available for overnight rental, subject to the restrictions in section 106-744.
Boardinghouse means a building, built and/or used for residential purposes, where meals for five
or more persons are served for compensation.
Buildable area means the area of the building site left to be built upon after the required yard area
has been provided.
Building means 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 means 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 city Code of
Ordinances.
Building inspector means the designated chief building official of the city or his designated
representatives. Also see enforcing officer.
Building line. See setback line.
Building permit means 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 means the linear measurement of the side of the building which contains the
primary entrance of the building.
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Carport means a roofed structure, freestanding or attached to another structure designed to
provide covered parking for vehicles. A carport shall have no enclosing walls. A structure shall not be
considered to be a carport unless it is located directly over a driveway.
Clinic means an institution, public or private, or a station for the examination and treatment of
patients by an individual or group of doctors, dentists, or other licensed members of a human health care
profession.
Controlled access highway means any thoroughfare which is a high volume freeway (without
signalization on principal lanes) designed for four to eight main lanes and four service lanes with a right-
of-way capacity that allows two to four additional lanes.
Controlled access highway corridor means a corridor extending 500 feet to either side of the right-
of-way of a controlled access highway as designated on the city's land use map.
Notes:
The definition of Controlled Access Highway (with some minor rephrasing) was taken from
Volume One, Section 1.3 of the city's comprehensive plan.
Controlled access highway corridors are established on the city's land use map and
designated by a cross hatched highlight. State Highway 225 and New State Highway 146
are the only thoroughfares within the city presently designated as controlled access
highways.
Interim sign regulations. Signs located within a controlled access highway corridors shall be
limited to a maximum height of 65 feet.
Commercial amusement or recreation means 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, ferris wheels,
children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and
similar enterprises.
Commercial motor vehicle means any motor vehicle designed or used for the transportation of
persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle
used for delivery purposes.
Common property means 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 means two or more dwelling units on a lot with individual ownership of a unit rather
than a specific parcel of real property; together with common elements. See V.T.e.A., Property Code
81.001 et seq., and the building code adopted in section 82-31.
Conservation area means 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 20 feet from the edge of the stream or bayou bank, right-of-way line,
or other natural features.
Convalescent home means any structure used or occupied by three or more persons recovering
from illness or receiving geriatric care for compensation.
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Corner lot means a lot abutting upon two or more existing or proposed street rights-of-way at their
intersections.
Curb means 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 chapter, the term "curb" includes a generic precast
concrete curb stop.
Density means the measure of a degree to which land is filled with units designed to
accommodate a particular use as such use is set forth in this chapter. Measurements allow inclusion of
internal streets and public ways required to be dedicated in calculating density per acre. Streets
dedicated, improved and accepted prior to platting or the property shall not be counted.
Developed site area means that area which is being developed as per definition by the
development ordinance.
Development ordinance means the city development ordinance, being Ordinance No. 1444,
together with any amendments thereto.
Director means that person holding the position of director of the planning department for the city
or his designated representative.
District means a zoning district which is a part of the city wherein regulations of this chapter are
uniform.
Dormitory means a space in a unit where group sleeping accommodations are provided with or
without 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.
Duplex means a building built for, occupied by, or intended for the occupancy of two families, and
containing two dwelling units.
Dwelling means 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 dwellings, and multi-family dwellings, but not including hotels, motels or lodginghouses.
Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by
party wall or walls.
Dwelling, detached means a dwelling which is entirely surrounded by open space on the same
building lot.
Dwelling, single-family means a residential building, other than manufactured housing or
recreational vehicles designed for occupancy for one family only.
Dwelling, multi-family means a residential building designed for occupancy of throo er FRere
families more than four families, with the number of families not to exceed the number of dwelling units.
Dwelling, two-family. Refer to duplex.
Dwelling unit means a single unit providing complete, independent living facilities for one or more
person including permanent provisions for living, sleeping, eating, cooking and sanitation.
Efficiency apartment means an apartment without a bedroom separate from other living quarters.
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Enforcing officer means the chief building official of the city or his designated representative.
Family means any number of related persons or, not more than four unrelated persons living as a
single housekeeping unit.
Fence means a man made structural barrier erected on or around a piece of property or any
portion thereof.
Floor area means the sum total area of all floors as calculated from measurements to the outside
walls.
Foundation system means an assembly of materials constructed 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 exterior natural forces, as defined by the 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 means an outdoor sign supported by uprights or braces placed in or upon the
ground, or mounted on a vehicle, trailer, or mobile structure principally used for the purpose of advertising
or display of information. For the purpose of this chapter, a portable sign shall be considered to be a
freestanding sign.
Garage, private means an accessory building designed or used for the storage of motor vehicles
owned and used by the occupants of the building to which it is an accessory.
Garage, public means 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 means emitted light which exceeds 60 footcandles.
Grade means a referenced plane representing the average of finished ground level adjoining the
building and all exterior walls.
Grand opening means the formal offering by a new business of its goods, wares, merchandise,
service, entertainment, or activity.
Greenway corridor means a publicly owned system of trails and walkways, patterned in the open
space and pedestrian system plan, and is designated on the land use map, park zone map, and zoning
map of the city, 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. Greenway
corridors are a special use site, as said special use site is defined in the city's development ordinance,
section 12.07.
Group care facilities means 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.
Hardship means a determination made by the zoning board of adjustment in hearing a variance
request in accordance with section 106-192.
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Height of building means 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.
Home occupation means an occupation limited to custom production, repairing, and servicing,
conducted at a dwelling unit, provided it conforms to the requirements in section 106-749, and provided
that said occupation does not involve general retail sales.
Home owners association means an incorporated, nonprofit organization operating under
recorded land agreements through which (a) each lot and/or homeowner in a planned unit 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.
Hospital, sanitarium, nursing or convalescent homes mean a building 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 means 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.
Industrial housing and buildings means a residential or commercial structure that is constructed in
one or more modules or constructed using one or more modular components, built to the specifications of
the Texas Department of Licensing and Regulation (T.D.L.R.) Rules and Regulations and designed to be
placed on a permanent foundation system consistent with the above requirements. Such industrialized
house or building must bear a T.D.L.R. approved decal or insignia permanently affixed to each
transportable section or component of each industrialized house or building to indicate compliance with
the state standards. An industrialized house or building is not a mobile or manufactured home as defined
herein.
Landscaped means adorned or improved by contouring land and placing thereon live flowers,
shrubs, trees, grass, wood, stone, and ponds or streams.
Light truck means any truck, as defined in this chapter, with a limited manufacturers rated
carrying capacity. This definition is intended to include those trucks with such rated carrying capacity
being not in excess of one ton, panel delivery trucks and carryall trucks.
Loading berth means a parking area provided for commercial motor vehicles, designed for the
receipt or distribution by such vehicles of materials or merchandise to or from the use to which such
parking area is accessory.
Lot area per dwelling unit means the lot area required for each dwelling unit located on a building
lot.
Lot, corner means a building lot situated at the intersection of two existing or proposed street
rights-of-way, the interior angle of such intersection not exceeding 135 degrees.
Lot coverage means the area under roof on any given lot.
Lot, depth means the mean horizontal distance between the front lot line and the rear lot line of
the building lot measured within the lot boundary.
Lot, interior means a building lot other than a corner lot.
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Lot line means a boundary of a building lot.
Lot line, front means 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 front and rear
yard are provided adjacent and opposite, respectively to the front lot line.
Lot line, rear means that boundary of a building lot which is most distant from and is, or is most
nearly parallel to the front lot line.
Lot line, side means any boundary of a building lot which is not a front lot line or a rear lot line.
Lot of record means an area of land designated as a lot on a plat of a subdivision recorded
pursuant to statutes of the state with the county clerk 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, residential large means a homesite for a single-family home that is comprised of at least one
acre (43,560 square feet). Minimum lot width shall be 100 feet.
Lot, single-family dwelling, special means any residential lot for single-family dwelling purposes
with an area of less than 6,000 square feet, but greater than 4,500 square feet.
Lot, through means 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 means 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 means a structure, transportable in one or more sections, which in the
traveling mode is eight body feet or more in width or 40 feet in length, or, when erected on-site, is 320 or
more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling
with or without 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 means a development under single ownership intended for the
rental or leasing only of manufactured housing units.
Manufactured housing subdivision means 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.
Mobile home means a structure that was constructed before June 15, 1976, transportable in one
or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more
in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
Multi-family residential development means the use of a lot for more than four dwelling units,
within one or more structures. This includes an apartment complex.
National Manufactured Housing Construction and Safety Act of 1974 means the federal act which
governs the standards for construction, design, and performance of manufactured homes or mobile
homes built in the United States since June 15, 1976 defined as homes meeting H.U.D. specifications.
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New business means a project or undertaking which involves the use of any property, building, or
structure, permanent or temporary, for the primary purpose of conducting in such building or structure or
on such property a legitimate commercial enterprise or other nonresidential use, in compliance with all
ordinances and regulations of the city and when such project or undertaking is new to the premises.
Provided however, a change in ownership of at least 50 percent 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 50 percent.
Occupancy means any utilization of property.
Office trailer means a structure, transportable in one 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 without utility connections.
Off-premises sign means any sign which directs attention to any business, commodity, service or
entertainment offered elsewhere than on the premises where such sign appears.
On-premises sign means any sign which directs attention to a business, commodity, service or
entertainment offered on the same premises where such sign appears.
Open space means the area, excluding parking, street, alley, service walk or 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. Developed open space shall
be defined as recreational space developed with facilities for either active or passive recreation not within
any required yard.
Parking space means a surfaced area, designed to control dust and moisture, enclosed or
unenclosed, sufficient in size to store one automobile together with a surfaced driveway connecting the
parking space with the street or alley permitting ingress and egress of an automobile. A parking space or
any requisite maneuvering area incidental thereto shall not occupy any public right-of-way.
Party wall means a fire wall on an interior lot line, used or adapted for joint service between two
buildings.
Planned unit development means 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 sites or other common property. The ownership of the common property may be either public 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 means 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.
Political sign means a temporary sign announcing, supporting or opposing political candidates,
dates or issues in connection with any national, state or local election.
Portable sign means a sign which is not permanently and rigidly affixed or attached to the ground
and is designed or constructed to be easily moved from one location to another, including signs mounted
upon or designed to be mounted on a trailer, wheeled carrier, or other non motorized mobile structure.
This definition shall also include any vehicle or trailer parked so as to be visible from a public right-of-way
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for the primary purpose of advertisement of products or directing people to a business or activity located
on the same or nearby property or any other premises.
Public improvements criteria manual (P.I.C.M.) means the set of standards set forth by the
director of planning and approved by the city council to determine the specific technical requirements for
construction to public improvements. The manual may be acquired from the community development
department, and is on file in the city secretary's office.
Public parks means any publicly owned park, playground, beach, parkway, or railroad within the
jurisdiction and control of the city.
Public service sign means the following types of signs and no others shall be considered to be
public service signs.
(1) Signs identifying and naming the location of churches, schools and other nonprofit
organizations;
(2) Signs identifying and naming the location of public facilities; and
(3) Community information signs which provide information regarding community functions
and activities.
Signs which display commercial advertising in conjunction with public service information shall not be
considered to be public service signs except that a person, firm, or organization who donates or otherwise
provides a public service sign may be identified on such sign in a means which is clearly incidental to the
primary message.
Quadraplex means four single-family dwelling units joined by common sidewalls, and/or common
floors/ceilings.
Ranch trailer means a vehicle with or without motive power other than a pole trailer designed for
carrying livestock, ranch implements, or other moveable personal property attendant to the business or
recreational use of the raising of livestock or crops.
Reader panel means any and all portions of any sign on which text, graphics or pictures are
displayed. In the case of double faced reader panels, only one side shall be considered in the calculation
of sign size.
Recreational vehicle means a camp car, motorhome, trailer, or tent trailer with or without motive
power, designed for human habitation or recreational occupation, having less than 320 square feet.
Rest home or nursing home means 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 facilities for surgical care or the
treatment of disease or injury.
Roof/ine means the height above finished grade of the upper beam, rafter, ridge or purlin of any
building.
Semi-trailer means 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 means the closest point to any property line or utility easement which may be
occupied by a structure.
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Setback, sign measurement means the closest point to any property line which may be occupied
by any sign, as defined by this chapter. This point shall be determined by measuring perpendicularly from
adjacent property lines.
Shall is always mandatory; may is always permissive.
Shipping containers means sealable shipping containers, designed for intermodal transportation,
either with or without a permanent affixed chassis, used in intrastate, interstate and international
commerce for the shipment of goods and merchandise.
Shopping center or integrated development means a development consisting of two or more
interrelated business establishments using common driveways and on-site parking facilities.
Sight triangle means the triangular shaped area of clear visibility located at all intersections
including private driveways. The area of the triangle shall be determined by engineering standards.
Sign means any word, number, figure, device, 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.1. for additional definitions. For the purpose of this chapter, a sign
is a structure.
Single-family residential development means a grouping of single-family dwelling units (attached
or detached). This includes single family residential subdivisions.
Single-family residential, large lot means any single tract or lot comprised of at least 43,560
square feet of property, located in R-1 zone, whose primary use is for a single-family dwelling unit.
Site area per unit means 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.
Site plan, certified means, 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 facilities, and other structures to
be constructed in relationship to surveyed boundaries. Such site plan shall be certified by a registered
engineer or surveyor, licensed as such in the state. Under the terms of the development ordinance
number 1444 on file in the city secretary's office, when a development site plan is required, such
development site plan shall be prepared in accordance with the terms of such ordinance and shall be
accepted as a certified site plan as required herein.
Special exception means only those exceptions provided for under section 106-191.
Standard Industrial Classification Code (SIC) means the numerical code established by the U.S.
Department of Commerce and used in the Standard Industrial Classification Manual, 1987 as amended
and supplemented.
Street, private means 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, public means a public right-of-way, however designated, dedicated, or acquired, which
provides vehicular access to adjacent properties.
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street, thoroughfare means a public street designed for heavy traffic and intended to serve as a
traffic artery of considerable length and continuity throughout the community and so designated on the
city's thoroughfare plan.
Structure means that which is built or constructed.
Structure, principal means the principal structure which fulfills the purpose for which the building
plot is intended.
Substantial improvements means any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent 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 alteration of any structural part of the building commences.
Temporary sign means a sign not to exceed 18 inches by 24 inches in size which is intended for
a limited period of display.
Townhouse means one of a group of no less than three nor more than 12 attached dwelling units
constructed in a series or group of attached units with property lines separating such units.
Trailer means 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 means any motor vehicle designed, used or maintained primarily for transportation of more
than nine persons or property.
Truck tractor means 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.
Used or occupied, as applied to any land or buildings, shall be construed to include the words
"intended, arranged or designed to be used or occupied."
Yard means 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 Jot is located.
Yard, front means a yard extending 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 Jot line and the front of the principal building or any projections thereof, other
than steps, unenclosed balconies, or unenclosed porches.
Yard, rear means a yard extending across the rear of a lot between the side lot lines and being
the minimum horizontal distance between the rear lot line and the rear of the principal building or any
projections thereof other than steps, unenclosed balconies or unenclosed porches.
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Yard, side means a yard extending along the side lot line from the front yard to the rear yard.
being the minimum horizontal distance between any building or projections thereof except steps and the
side lot line.
Zoning district map means the map or maps incorporated into this chapter as a part hereof by
reference thereto.
Zoning permit means a written instrument signed by the enforcing officer authorizing a use
described in this chapter. in conformance with section 106-142.
Words or phrases not defined in this section shall have their ordinarily accepted meaning as the
context may imply.
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EXHIBIT "E"
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ARTICLE II. ADMINISTRATION
DIVISION 4. PERMITS
Sec. 106-141. BuHding permit application.
Every application for a building permit shall be accompanied by a certified site plan in
accordance with the terms of the development ordinance of the city, together with such
other copies as the enforcing officer may require for city review, showing the lot lines,
subdivision name and the lot and block numbers, the location of the building on the lot,
accurate dimensions of building and lot, and such other information as may be
necessary to provide for the enforcement of zoning regulations. This plan shall be
prepared after the lot has been staked by a licensed surveyor. A record of the original
copy of such application and plans shall be kept in the office of the enforcing officer and
a duplicate copy of the approved plan shall be at the building at all times during
construction.
Sec. 106-142. Zoning permits.
In order to ensure that all new construction and the use of all existing and new
structures and the use of land shall comply with the terms of these regulations, a zoning
permit shall be required in accordance with the rules in section 106-143.
Sec. 106-143. Application for zoning permit.
An application for a zoning permit shall be filed in the office of the enforcing officer on
forms provided by the enforcing officer. Upon approval, a zoning permit shall be issued
stating that the building or proposed use of a building or premises complies with the
provisions of this chapter. A permanent record of all such permits shall be kept on file in
the office of the enforcing officer, and copies shall be furnished, on request, to any
person having proprietary or tenancy interest in the building affected.
Sec. 106-144. Zoning permit to establish new use or change of use of property.
No vacant land shall be occupied or used, except for agricultural purposes, and no
building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or
used nor shall any building have a change in its use or occupancy until a zoning permit
shall have been issued by the enforcing officer stating that the building or proposed use
of the building or premises complies with the provisions of this chapter.
Sec. 106-145. Zoning permit and building permit.
A zoning permit shall be applied for coincident with the application for building permit; it
shall be issued within ten days after the erection, addition, or alteration of such building
or use has been completed in conformity with the provisions hereof, as determined by a
final inspection. The enforcement officer shall not issue a zoning permit for any use or
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structure not in conformance with this chapter or any other ordinance of the city in
accordance with state law.
Sec. 106-146. Zorning permit for nonconforming uses, lots and structures.
A zoning permit shall not be required but may be applied for and shall be issued for
nonconforming uses, lots, or structures. However, in the event of any subsequent
application or building permit or of any change in occupancy the enforcing officer may
require other evidence that the nonconforming use, lot, or structure legally existed prior
to the effective date such property became subject to the terms of these regulations.
Sec. 106-147. 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.
Sec. 106-148. Utmty 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's direction and control shall be connected to such building or structure
until the zoning permit approval required by this chapter has been granted.
Sec. 106-149. Application 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
amount established by the city council and listed in appendix A.
Sec. 106-150. Bornd and Insurance Requirements.
(a) Each entity seeking to construct a multi-family development is required to
execute and file with the city a performance and/or payment bond, or alternatively, an
irrevocable letter of credit, in the following amounts:
(1) for developments of less than 100 units, $500,000.
(2) for developments of 100 units or more, $1,000,000
(b) The execution of a bond or letter or credit payable to the City of La Porte shall
serve as a guarantee of proper compliance with applicable maintenance and regulatory
standards established under this Code or other applicable law; the security afforded to
the City by the filing of a bond or letter of credit shall include, but not be limited to,
necessary expenses incurred as part of demolition of buildings that have fallen into
disrepair, and other remedial measures as may be necessary to maintain applicable
building standards.
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(c) Each bond or irrevocable letter of credit shall be renewable every five years, with
evidence of renewal to be furnished to the city.
(d) Failure of the owner of a multi-family development to obtain and keep current the
bond or letter of credit shall be cause for revocation of the owner's certificate of
occupancy and/or zoning permit.
(e) Each entity seeking to construct a multi-family development is also required to
purchase and file with the city proof of insurance for comprehensive general liability
policy naming the City of La Porte as an additional named insured in the amount of
$1,000,000.00 for the life of the structures of the apartment complex and/or the
apartment complex itself.
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EXHIBIT "F"
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ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS*
Subdivision I. Generally
Sec. 106-331. Table A, residential uses.
P (ABC) - Permitted uses (subject to designated criteria established in section 106-334).
P - Permitted uses.
A - Accessory uses (subject to requirements of section 106-741)
C - Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-334 as determined by the planning and
zoning commission).
* - Not allowed.
Uses (SIC Code #) Zones
R-1 R-2 R-3 MH
Agricultural production, (011-019 crops) P P P P
Agricultural production, (027 animal spe- C * * *
cialties - breeding or sale)
Bed and breakfast as defined by section 106-1 C C C *
Breeding kennels, private stock, limited to A A C C
dogs and cats, large lot residential
Domestic livestock--Large lot A A A A
Industrialized housing on a permanent P P P P*
foundation
Single-family dwelling, detached P P P P
Single-family dwelling, special lot * P P P
Single-family dwellings, zero lot line (patio * P P *
homes, etc.)
Duplexes, double bungalows * P P *
(two-family dwelling units)
Townhouses P(I) P(I) *
Conversion of single-family dwellings to * P P *
duplexes (or no more than two-family
dwellings)
Tri-plexes and quadraplexes * P(I) P(I) *
(three and four-family dwelling units)
Multi-family (more than four dwelling * * P(I) *
units)
Modular housing on a permanent founda- P P P P
tion system as defined in section 106-1
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Manufactured housing subdivisions re- * C C P
stricted to H.U.D. certified mobile homes;
min. width 20 feet, min. shingled roof pitch
3:12, permanent foundation system; siding
similar to surrounding residential
Manufactured housing subdivisions (re- * C * P
stricted to H.U.D. certified mobile homes
on permanent foundation systems)
Manufactured housing parks * * * P(F, D)
Manufactured housing * * * P
Group care facilities no closer than 1,000 * * C *
feet to a similar use (836)
Childcare home in private home (services P P P P
no more than 6)
Daycare centers (services more than 6) * P P P
(835)
Freestanding on-premises identification See article VII of this chapter
sign; townhouses, multi-family develop-
ments, group care facilities, subdivisions,
education and religious facilities
Residential PUD (refer to section 106-636) * C C C
Public parks and playgrounds P P P P
Recreational buildings and community cen- C P P P
ters (832)
Religious institutions (866) C peAS) peAS) peAS)
Public or private educational institutions C P P P
limited to elementary, junior and senior
high (8211)
Junior colleges and technical institutes C P
(8222)
Soardinghomes (7021) * P P *
Civic, social and fraternal organizations * * C *
(8641 )
Convalescent homes, sanitarium, nursing * * P *
or convalescent homes (805)
Private garages, carports and off-street A A A A
parking (associated with residential uses)
Storage of recreational vehicles or boats A A A A
Storage of equipment in an accessory A A A A
building or behind a screening device
Home occupations A A A A
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Noncommercial greenhouses A A A A
Noncommercial recreation facilities associ- A A A A
ated with residence
Toolhouses. sheds. storage building (non- A A A A
commercial associated with residence)
Boarding or renting of rooms (1 person A A A A
max.)
Off-street loading (refer to section 106-840) * * A *
Off-street parking (refer to See article VI A A A A
of this chapter)
Petroleum pipelines (restricted to existing P P P P
pipeline corridors)
Residential density bonus. as provided in C C C C
section 106-334(g)
Secondary dwelling units C P P *
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ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS
Subdivision I. Generally
Sec. 106-333. Table S, residential area requirements.
(a) Table B, residential area requirements.
Maximum
Lot
Minimum Minimum Minimum Minimum Minimum Coverage /
Lot Lot Yard Site Development Minimum
Area/D.U. Width Setbacks Maximum Area / Unit Open Space / Landscaping
Uses S.F. L.F. L.F. F.R.S. Height S.F. Unit S.F. Required
8 2.3.4.5.6.10 16 17 18
11, 12. 13.14, 15
Single-family detached 6000 50 25-15-5 35 Ft. 9100 40%/N/A
4.8
Single-family large lot 43560 100 25-15-5 45 Ft. DUlA 30%/N/A 0
4356
1.0
Single-family special lot 4500 40 20-10-0 35 Ft. DUlA Footnote 60%/N/A
line, 0 lot line 7300 #1
6.0
Duplexes 6000 60 25-20-20 45 Ft. DUlA Footnote 60%/N/A
8.0 #1
Single-family converted 6000 50 20-10-5 35 Ft. DU/A N/A 50%/N/A
to multi-family N/A
Townhouses. 2000 20 25-20-20 45 Ft. 4400 Footnote 75%/25%
quadraplexes (10,000 s.f DU/A #1
of site area 100 ft. wide) 10.0
Multi-family 20000 100 25-20-20 45 Ft. 1600 ~ 60%/25%
14 Footnote
DU/A #1
Manufactured housing 4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6%
6.0 #1
DUlA
Manufactured housing 100 of front N/A N/A N/A N/A N/AlN/A
subdivision or parks (5 road frontage
acre min.)
Group care facilities (less 25-20-10 25 Ft. N/A N/A N/Al6%
than 6) and day care
homes
Public or private educa- 30-20-10 45 Ft. N/A N/A N/Al6%
tional and religious insti-
tutions, large group care
facilities, daycare cen-
ters, recreational build-
ings, boarding, and nur-
sing homes
Freestanding on-prem-
ises signs See article VII of this chapter
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Table B footnotes.
1.
Lot Size
5000 - 6000 Sq. Ft.
4000 - 4999 Sq. Ft.
3000 - 3999 Sq. Ft.
2000 - 2999 Sq. Ft.
Required Developed
Open Space / Lot
200 Sq. Ft.
300 Sq. Ft.
400 Sq. Ft.
500 Sq. Ft.
a. Minimum size of developed open space:
(i) For multi-family residential developments: Minimum of 25% of the total development regardless of size of
development.
(ii) For townhouselquadraplex developments: One-half acre for every 80 units or fraction thereof.
b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the
conditions established in sections 106-676 through 106-679, with all documentation required to be submitted for filing in
conjunction with the final plat. (See also the city development ordinance number 1444, section 4.04 which is on file in the city
secretary's office.)
2. A minimum landscape setback of 20 feet 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
groundcover, with a planting plan required to be submitted and approved by the enforcement officer.
3. The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building
including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary.
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 adjacent structure, the front yard
minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall
the minimum front yard setback exceed 30 feet.
5. All side yards adjacent to public R.OW.'s must be ten feet.
6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet.
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
constructed 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 industrialized housing, 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 article V, division 4 of this chapter 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 and six feet as
measured above adjacent road grade.
11. In the case of multi-family residential developments with 50 or more units, said complexes must be located at least 2,500 feet
from other multi-family residential developments of 20 or more units.
12. Within the building setback, there must be a ten-foot opaque screen consisting of shrubs and fencing. (See Sec. 106-334 (i)
for screening and fencing requirements.)
13. Residential developments that are townhouses, quadruplexes, or multi-family dwelling units must have a minimum of 25%
landscaping.
14. Multi-family residential developments adjacent to single-family residential developments must establish a 25-foot buffer
between the two developments. This buffer is in addition to the setback as established by this table.
15. In the case of multi-family residential developments, no off-street parking shall be placed within the required 25 feet setback,
or within the required additional 25-foot buffer when the development is situated adjacent to a single-family residential
development. The space needed to meet the required parking spaces shall be exclusive of the required setback and the
additional buffer.
16. In the case of multi-family residential developments being adjacent to single-family residential developments, the buildings
within the multi-family residential developments that are directly adjacent to the single-family residential development shall be
limited to 2-stories in height. Buildings within the interior of the multi-family residential developments may be 3-stories in
height.
17. Multi-family residential developments cannot exceed 180 dwelling units.
18. See Section 106-334(1)(3) for open space utilization criteria.
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EXHIBIT "H"
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ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS*
Subdivision I. Generally
Sec. 106-334. Special use performance standards; residential.
(a) Landscape buffers.
(1) A landscape buffer planted with grass or evergreen ground cover and also planted with
trees shall be provided. No buildings or refuse containers shall be placed in such
areas.
(2) Standards:
a. Minimum width of planting strip: Four feet.
b. A planting plan specifying the location and species of trees to be planted as well
as the type of grass or ground cover to be utilized shall be submitted for approval
by the director or his duly authorized representative.
(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.
(5) Required landscaping must be maintained by the property owner and/or occupant.
(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. 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) Compatibifity 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 proposed use and existing and intended future use of the
surrounding area.
(d) Required license obtained. All necessary governmental permits and licenses are
secured with evidence of such placed on record with the city.
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(e) Compatible alterations and adequate parking. Adequate parking as required by Article
VI of this chapter must be provided on the lot and not within any required front yard. Any exterior
alterations must be compatible with the existing structure, and the surrounding neighborhood.
(f) Manufactured housing criteria (manufactured housing parks only). A preliminary
certified site plan must be submitted simultaneously with the submissions required in the mobile
home park ordinance of the city and the city development ordinance, that illustrates compliance
with the following:
(1) Legal description and size in acres of the proposed manufactured housing park. Such
park shall not be less than five acres.
(2) Locations and size of all manufactured housing sites, dead storage area, recreation
areas, laundry drying areas, roadways, parking sites, and all setback dimensions
(parking areas, exact manufactured housing sites, etc.).
(3) Preliminary landscaping plans and specifications.
(4) Location and width of sidewalks.
(5) Plans of sanitary sewer disposal, surface drainage, water systems, electrical service,
and gas service.
(6) Location and size of all streets abutting the manufactured housing park and all
driveways from such streets to the manufactured housing park.
(7) Preliminary road construction plan.
(8) Preliminary plans for any and all structures.
(9) Such other information as required or implied by these standards or requested by
public officials.
(10) Name and address of developer or developers.
(11) Description of the method of disposing of garbage and refuse and location of approved
solid waste receptacles.
(12) Detailed description of maintenance procedures and ground supervision.
(13) Details as to whether all of area will be developed or a portion at a time.
(14) Density intensity regulations in compliance with Table S, residential.
(15) Compliance with the required number of off-street parking spaces.
(16) All private streets shall be a minimum of 28 feet wide and constructed in accordance
with the public improvements criteria manual. The layout of such private streets shall
be subject to approval by the fire chief, to ensure adequate emergency access.
(17) All manufactured housing shall have a minimum frontage of 20 feet on public or private
streets.
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(g) Density bonus. Within single-family residential developments, a maximum of ten
percent reduction in square feet of site area per unit for residential developments of 20 units or
more shall be permitted as a conditional use based upon the following bonus features and
square foot reduction:
Bonus Feature
Square Foot Reduction
Per Unit
(1) Major outdoor recreational facilities such as swimming
pools, tennis courts or similar facilities requiring a
substantial investment.
250 square feet
(2) Designation of developed open space for semipublic use
adjacent to designated public greenway corridors equal to
an additional 100 square feet per unit.
100 square feet
(3) All required developed open space must be operated and maintained by a
homeowners association, subject to the conditions established in sections 106-676
through 106-679, with all documentation required to be submitted for filing in
conjunction with the final plat.
(4) The density bonus shall only be permitted per designated open space or major outdoor
recreational facilities in excess of the requirements established in section 12.00 et
seq., of the development ordinance number 1444, on file in the city secretary's office,
including the credit given in section 12.02 for land dedicated by a developer within a
development or subdivision for compensating open space on an acre per acre basis.
(h) Bed and breakfast (as defined in sections 106-1 and 106-744):
(1) Bed and breakfast shall be operated in accordance with the bed and breakfast and
home occupation requirements of section 106-749.
(2) Additional required parking shall not be provided in any required front or side yard.
(3) Bed and breakfasts shall comply with the boardinghouse requirements of the currently
adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101).
(i) Additional multi-family regulations
(1) Screening. A ten-foot opaque screen consisting of a combination of shrubs, fencing,
and/or masonry wall must be created between multi-family residential developments
adjacent to single-family residential developments.
(a) Location - The required screen shall be located within the first ten feet of the
building setback adjacent to the single-family residential district.
(b) Planting - At the time of planting, the shrubs must be between four to six feet tall
and create an opaque screen within one growing season.
i. All shrubs must be approved by Planning Department officials.
(2) Fencing. Every multi-family development within the City shall have a perimeter fence
located along all sides abutting or facing the right-of-way, as well as along all sides
abutting or facing single-family residential developments.
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(a) Construction, maintenance of fence or wall. Every fence or wall herein shall be
constructed and maintained as follows:
i. All fences shall be constructed of wood, masonry, or wrought iron.
ii. All fences or walls shall extend downward to within three inches of the
ground and shall test plum and square at all times.
iii. All fences or walls shall be constructed in compliance with all applicable
provisions of the building code of the city.
(b) Gates at openings in enclosure. Openings in the prescribed enclosure which are
necessary to permit reasonable access to said multi-family development shall be
equipped with a gate or gates, constructed and maintained in accordance with
the requirements for a fence or wall set forth in this section.
(3) Recreational areas, facilities, and open space.
(a) The open space requirements for townhouses, quaduplexes and multi-family
developments shall include a combination of the following:
i. Trails,
ii. Playgrounds (except in the case of "Senior Only" developments),
iii. Clubhouses, and/or
iv. On-site detention pond areas (Playgrounds are not to be located in the
detention pond areas.).
(4) Controlled access gates, if utilized:
(a) Shall be constructed set back from the street far enough to prevent traffic
congestion from any vehicle traveling on the right-of-way adjacent to such
controlled access gate, and
(b) Must provide 24-hour access to emergency vehicles, including Fire Department,
EMS, Police Department and utility company vehicles.
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EXHIBIT "I"
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ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS
Subdivision IV. R-3 High Density Residential District
Sec. 106-394. Special regulations and procedures.
(a) Refer to articles IV, V, VI, and VII of this chapter, and refer to Section 106-334 (i).
(b) All multi-family developments with residential units more than 200 feet from a public
street must meet the following private street design criteria:
(1) Purpose. The purpose for the regulation of private streets and the standards
established in this section are:
a. To provide adequate vehicular access to all buildings and facilities by city police,
fire, and solid waste department vehicles; and
b. To provide for the safe movement of all vehicles from a private street to the
public street system of the city.
(2) Location. All portions of residential buildings must be within a 300-foot length,
measured horizontally as a fire hose would lay, from a public or private street.
(3) Width. The width of a private street shall be measured from edge to edge across
the surface of the pavement. The right-of-way width and the pavement width of a
private street are considered coterminous and the terms are used interchangeably.
The minimum acceptable unobstructed width of any private street is 28 feet. If
parallel parking is proposed along the private street, additional width may be
required to accommodate such parking.
(4) Dead ends, cul-de-sacs, and Tor L-type turnarounds. Dead end private streets
must be terminated by a circular cul-de-sac having a paving radius of not less than
40 feet or a T or L-type turnaround designed in conformance with the standards
approved by the director.
(5) Length of cul-de-sacs or dead end private streets. Dead end private streets must
not e),tend further than 300 feet from the nearest right-of-way line of the
intersecting public or private street measured along the centerline of said private
street to the center of the cul-de-sac or the outer limit of the paving in the T or L-
type configuration.
(6) Construction. All private streets shall be constructed in conformance with the public
improvements criteria manual.
(c) Points of entry/exit: All multi-family developments shall contain a minimum of two
points of entry for ingress and egress of vehicle traffic from adjacent public rights-of-way
and thoroughfares.
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EXHIBIT "J"
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ARTICLE III. DISTRICTS
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Sec. 106-441. Table A, Commercial uses.
P (ABC) -- Permitted uses (subject to designated criteria established in section 106-444).
P - Permitted uses.
A - Accessory uses (subject to requirements of section 106-741).
C - Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-444).
* -- Not allowed.
Uses (SIC Code #) Zones
CR NC GC
All uses permitted or/accessory in R-3
zone, except single-family, detached and
special lot, duplexes, quadruplexes, town-
houses, and multi-family P P
All conditional uses in R-3 zone * C C
Agricultural service (076--078) * * P
Amusements (791--799) C * P
Amusement (7993)1 C * P
Antique and used merchandise stores (5932) * P P
Arrangements for passenger transport (472) * * P
Arrangement for shipping and transport (473) * * P (I)
Apparel and accessory stores (561-569) C * P
Automotive dealers and service stations
(551, 552, 553, 555--559) * * P
Automotive repair, services (751--754) * * P
Banking (601--605) * * p
Building construction--general contractors (152--161) * * P
Building construction--special trade
contractors (171--179) * * P
Building materials, garden supply (521--523,526--527) * * P
Business services (731,732,736--738) * * P
Business services (7359) * * P (A, B, C, D)
Civil, social and fraternal organizations, (8641) C C C
Communications (461--489) * * P
Convenience stores (5411) * P P
Credit agencies (611--616) * * P
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Dog grooming * * P (H)
Drugstores (591) * P P
Eating and drinking places (5813) C * P
Eating places (5812) C P P
Electric, gas and sanitary services (491, 4923, 493,
494,4952) * P P
Engineering, architectural, accounting services
(871--872) * P P
Food stores, general (541, 542, 544, 545, 549) * * P
Freestanding on-premises signs See article VII of this chapter
Governmental and public utility buildings
(911--922,9631,4311 ) C * P
Grocery, fruit and vegetable stores (542, 543) * P P
Hardware stores (525) * P P
Home furnishing stores (571--573) * * P
Hotels and motels (701,7032,704) C * P
Hospitals, laboratories (806--809) * * P
Insurance, real estate, legal, stock and commodity
brokers, agents (641--679) * P P
Laundry (plants) (7216--7219) * * P
Membership organizations (861--869) * * P
Miniwarehousing (4225) * * C
Misc. retail (592, 593, 5948, 596--599, 5399) C * P
Misc. repair services (762--764) * P P
Misc. shopping (5941--5947, 5949, 5992--5994) C P P
Misc. shopping (5995, 5999) C * *
Motion picture theaters (7832) * * P
Museums, art galleries (841--842) C * P
Offices for doctors, dentists, etc. (801--805) * P P
Passenger transportation (411--415) * * P
Personal services (7211--7215, 722--729) * P P
Recreational buildings and community centers C P P
Reproduction, photography, and cleaning
services (733--734) * P P
Repair services (7699) (except tank truck cleaning) * * P
Retail bakeries (546) * P P
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Securities and insurance (621--639) * * P
Service stations (554) * P
Service stations, excluding truck stops (554) C * P
Underground pipelines (461) * P P
Veterinary services (0742) * P P
Video rental and sales shop * P P
Parking ramps and structures C P P
Commercial PUD (Refer to section 106-636) * C C
Outdoor sales as a primary or accessory use * * P(C,G)
Outdoor storage as a primary or accessory use C * P (B)
Off-site parking C C C
Off-street loading C C C
Joint parking C C C
Drive-in or drive through facilities as an
accessory or principle use C C C
Kennels, boarding (0752) * * C
Kennels, breeding (0279) * * C
Unlisted uses, similar to uses listed above C C C
1. Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.)
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EXHIBIT ilK"
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ARTICLE III. DISTRICTS
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, commercial area requirements.
Uses
Minimum
Landscaping
Required
5
Minimum
Yard
Setbacks
F.R.S.
1,3,4,6,7
Maximum
Lot
Coverage
R-3 uses (permitted) except
single-family, detached and
special lot, duplexes, quad-
ruplexes, townhouses, and
multi-family
Adjacent to
Residential
Minimum Yard
Setback
F.R.S.
2,6
Maximum
Height
(feet)
6% Density Intensity Regulations Specified in Table B, Residential
area requirements, section 106-333
CR Comm. Recreation Dist.;
aU permitted or conditional
NC Neighborhood Comm.;
aU permitted or conditional
GC General Comm.; all
permitted or conditional
Outside sales or services
6%
50%
20-1 0-0
6%
40%
N/A
20-10-0
5-5-5
N/A
Outside storage
N/A
N/A
20-10-5
Freestanding on-premises
signs
Freestanding on-premises
signs located in controlled
access highway corridors
20-10-10
45
20-20-1 0
45
Same as
principle
use
Same as
Principal
Use
N/A
See section
1 06-444(b)
See article VII of this chapter
See article VII of this chapter
(b) Footnotes to Table B.
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 landscaped with trees, shrubs, and
groundcover, with a planting plan required to be submitted and approved by the enforcing officer.
Required landscaping must be maintained by the property owner and/or occupant.
2. Screening is required in conformance with section 106-444(a).
3. All yards adjacent to public right-of-way must be a minimum of ten feet.
4. The minimum setback adjacent to any utility easement shall be three feet.
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5. See article V, division 4 of this chapter 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 and six feet as measured above adjacent road grade.
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ARTICLE V. SUPPLEMENTARY DISTRICT REQUIREMENTS
DIVISION 3. AREA REQUIREMENTS
Sec. 106-771. Yard requirements.
The following shall not be considered as encroachments on yard setback
requirements: .
(1) Chimneys, flues, belt courses, etc. 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 into any front or
rear yard, and two feet into any side yard.
(2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features,
provided they do not extend more than one foot above the height of the exterior
finish grade elevation, or to a distance less than two feet 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 such pools are located
in a front yard adjacent to Galveston Bay, and provided further that such pool
does not extend more than one foot above the exterior finish grade elevation, or
to a distance less than two feet from any lot line or encroach upon any utility
easement.
(3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy,
provided that no portion of such patio covers, awnings, or canopies shall
encroach into any utility easements, or any vertical projection thereof, and
provided further that no portion of such patio covers, awnings, or canopies shall
be located at a distance less than five feet from the side property line or three
feet from the rear property line, or any vertical projection thereof.
(4) Front and side yard carports. Front and side yard carports shall be permitted for
single-family detached homes subject to the following requirements:
a. Carports in a required front or side yard shall not be located closer than
five feet from any front or side property line.
b. Carports located on corner lots shall not be located closer than 25 feet
from an intersection. This distance shall be measured from the
intersection of property lines common with street right-of-way lines.
c. The maximum width of a carport located in a required front or side yard
shall be 25 feet.
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(5) Recreational areas, facilities and open space. Trails, playgrounds, and
detention areas located within multi-family residential developments are
permitted provided they do not encroach into any utility easement.
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EXHIBIT "M"
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ARTICLE VI. OFF-STREET PARKING
Sec. 106-835. Design standards (also see Figures 10-1, 10-2 and 10-3).
(a) Parking space size. Each standard parking space shall not be less than ten feet
wide and 18 feet in length, and each handioap ADA accessible parking space
shall not be less than 14 feet wide and 20 feet in length, exclusive of access
aisles, and each space shall be served adequately by access aisles oxollJSivo of
aoooss aisles, and oaoh spaoe shall be servod adequately
(b) Within structures. The off-street parking requirements may be furnished by
providing a space so designed within the principal building of one structure
attached thereto; however, unless provisions are made, no building permit shall
be issued to convert such 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 chapter.
(c) Circulation,
(1) Except in the case of single-family, two-family and townhouse dwellings,
parking areas shall be designed so that circulation 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-family, two-family and
townhouse dwellings, parking area design which requires backing into the
public street is prohibited.
(2) All multi-family developments must include an area designated for
accommodation of school buses and the loading and unloading of
passengers. Wherever possible said pick up/drop off sites should be
located such that the passengers can be protected from the elements, Such
areas must comply with minimum standards necessary for the efficient
ingress, egress, and maneuvering of school buses for the loading and
unloading of passengers as set by the La Porte Independent School District.
A copy of these standards can be obtained from the School District.
(3) In the case of off-street parking facilities located within multi-family
developments all non-adjacent garage structures divided by parking bays or
access aisles shall be separated by no less than 28 feet.
(4) Maneuvering aisle - A minimum of a 28-foot maneuvering aisle is required
for 90-degree parking. A minimum of a 18-foot maneuvering aisle is
required for 60- and 45-degree parking.
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(d) Parallel parking spaces. In all cases, parallel parking spaces shall be 22 feet 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 Figures 10-1 and 10-3.
(e) "Head-in" parking spaces. In the case of off-street parking facilities located within
multi-family developments exclusively serving "senior" age individuals, all 900 or
"head-in" parking is prohibited.
FIGURE 10-1
(See drawings)
FIGURE 10-2
CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS
(R-1, R-2, R-3, MH)
Driveway
Requirements
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
12' to 25'
2' to 5'
25' min. *
10' min.
3' min.
90
5% max.
b. Expansion joint
c. Curb (if applicable)
Min. 4" thickness
w/6 X 6-6/6 W.W.M.
At property line
Curb disappearing at
property line
Min. 3' from poles,
hydrants, etc.
Obstruction clearance
* This distance shall be measured from the intersection of property lines common with
street right-of-way lines.
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106-835
LA PORTE CODE
FIGURE 10-1
SCALE: l' = 40
r I:- IIJ# ----.t 90.
1411' ~
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llUl' Io-W
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r- '1# -+-- '&II -+- '1# .....,
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3.7
3.7
· NOTE1
· NOTE1
42
..2
· NOTE1: 60' or 45. PARKING CONAGURATlONS ARE MANDATORY
FOR SENIOR HOUSING DEVElOPMENTS.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Se
Appropriation
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Aerial Map
Amount Requested:
Exhibits: Special Warranty Deed
Budgeted Item: YES
NO
Exhibits: Currpnt PnJi('f rpgarding IJtility Servi{'p
SUMMARY & RECOMMENDATION
.:. In addition to tll1e earlier information provided to City Council, staff has added:
o Report on questions asked by City Council at August 26, 2002 meeting.
o Talking points on options and suggested requirements if Council approves service.
o Letter l1'rom Mr. Martinez.
In the past, the City had purchased Lot 5, Blk 3, Section 2 in Shady River Subdivision to secure access to Lift
Station #40. Later, the City agreed to sell a portion of this lot to the adjacent owner of Lot 6. This portion of Lot 6
along with approximately 1.8 acres of property in Shoreacres is for sale. A prospective buyer (Mr. Martinez) has
visited the City inquiring about utility service from La Porte to his proposed building site in Shoreacres. He also
asked about using the City's maintenance road for access. I explained Council's policy regarding utility service for
property in other jurisdictions as well as problems with sharing the access road including the side yard restriction.
We also discussed other service related issues that this property would face such as police, fire, EMS, and solid
waste service.
Later, I received a call from Mayor Edmondson regarding utility service for this same tract in Shoreacres. We
discussed Council's current policy as well as the same issues discussed with Mr. Martinez. Mayor Edmondson
pointed out that Shoreacres still provides water service to two (2) lots in La Porte and that for this reason La Porte
may want to reciprocate. I recall the City taking steps to resolve these utility service issues after the Bay Mud
annexation. However, Mayor Edmondson is correct that 1 (or 2) still remain. It is estimated that La Porte could
extend lines to serve these properties for approximately $3,600, excluding easements, if needed. Mayor Edmondson
would like to address Council regarding utility service. The prospective buyer may also wish to address Council.
Please keep in mind other services that must be provided to a homeowner.
Action Required by Council:
Policy ContirmationlDecision for Utility Services for property in Shoreacres.
oems, Acting City Manager
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SPECIAL WARRANTY DEED I ~I
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CITY OF LA PORTE, a municipal! corporation
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P.o. Box IllS. 10 Porte. TX 1'5'2 li :
:::~::;'Address' :::r:::"~:;~ ~n:O:~:~'T~;r:'v, CAP"] I ~-t-/
Con.ideration, Ten and "0/100 Oo".r. ($10:00) c'.h and othe;lood
and valuable considerations'.1 ~i
Property (including a~y improvements): ~,
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That portion of Lot FivB (5), Blocx' Three (J),. Shady'i
River, Section T'Jo (2), IS sUbdivision' in Har~is county,j, '"f-...
TeXAS, according to mAp thereot: or plat therept: recorded,ll ~'
in the oft ice of the County Clerk of HArris County, 'I
Texas, reference to which 1s here made tor Al~ purposes,~!
said tract of land being more particularly described bY: I
metes and bounds on Exhibit "A" ~attached hereto,;1
incorporated by reference herefn, and made a ~art hereot~ I
for all purposes, and as shown on a plat attached herato;,
as Exhibit "B", incorporated by reference Herein, and; i
made a part hereof for all purposes. 1;1 gJ
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' RESTRICTION::; The here in conveyed prop;erty is! restricted: I
to use as a 'side yard to Lot 6, Block J, Shady River,;
Section 2. :;No improvements may be constructed on the'l
property without the prior written consent of Grantor. .
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'Reservations from ~nd Exception to Conveyance and Warranty: ~axes
for the current year have been prorated and are assumed by Gran~ee.
This conveyance is made subj ect to all and singular 'Ii the
restrictions, conditions, oil, gas, and other miner~l reservat.i;ons,
easements, and covenants, it any, applicable to ~nd entorc~able
against the above described property as reflected by the records ot
the county clerk ~f the aforesaid countY'l II
ANY PRO\';S!ONS HER2[N' WI-IICH RESTRICT THE SALE, RENTAL, I ~!
OR USE OF THE DE::"C.RIDED REAL P.ROPERTY I:ECAL'SE OF I., :~,: I.
COLOR, OR RACE. 15 lNVALID AND UI'lENF0RCEABLE UNDER il
THE FEDERAL L\ W. I :,
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Date:
September 11, 1995
us. 00
Grantor:
Mailing Address:
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A CERTIFIED COpy
A TrEST: _SE.P 2 S 1995
'l3EV:GRLY E. KAUFMAN, County Ch~.rk
Harrb COl:J\ty, Te:'<<l.s
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Grantor for the consideration and subject to the res~rvations from
and exceptions to conveyance and ....arranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any vise belonging, to have and
hold it to Grantee, Grantee I s heirs, executors, adminis trators,
successors, or assigns torever. Grantor binds I Grantor and
Grantor's heirs, executors, administrators, and SUccessors to
....arrant and 1'orever defend all and singular the propetty to Grant~e
and Grantee's heirs, executors, administrators, successors, and
assigns against every person vhomsouver la....1'ully ciaiming or to
claim the same or any part thereot, except as to thei reservations
trom and exceptions to conveyance and ....arranty, bY1 through, ~r
under Grantor, but not otheI"oiise. :. ~!
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When the context requires, singular nouns and pronouns include th~
plural. "/ ~i
CITY or LA' PORTS 'I II ~
By: G{o-b-v.."\: \. ~~ fit/v
Robert T. Herrera:, City Managel.r
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~ FILEa FOR RECORDlil"
: :!a.OO AM ;
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4! . A~'~ .i~
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Countv Clerk, HHli~ County, T !Ira~
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n ~T~ls instrument ....as aCkn~vledged before me on th ~ day ~~
~.~ ,1995, by Robert T. Herrera, City.Manage, of the City
of La Porte, a municipal corporation.. i: ijl
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STATE
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TEXAS
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COUNTY OF HARRIS.
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Ann ~:gCORDING RZTt7RN TO:
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PREPARED IN rBB LAW
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ASKINS & ARMSTRO~G, P.C.
P.O. Box 1218 I
La Porte,' TX 77572-1218
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ASKINS & ARMSTRONG, P.C.
A'TTORNEYS AT LAW
702 W. FA/AMONT PAR't<;/'IAY
P.O. BOl( 1218
LA PORTE. TEXAS nS72-1218
ANY PRO'l1SiON5 HEREI:N WHICH RESTRiCT mE SALE, .RENT AL,
OR USE OF THE DESCRr'llED RE.AL FROPERn BECAL'SE OF
COLOR, OR FACE. 1.5 INVAUD ANl."llrl'n!NFORCEABL.g UNDER
THE FE DE IV\ L l.A W.
A CERTIFIED COpy
L\l~r-"r-. SC 0 '2. 9 \995
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EE\'ERLY B. K...c\UFl\.1P.N, CCI\.mty C1erk
HLl.~'i:; Count)', Texa:;
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0.2470 Acn: Tract 0 ut of Lot 5, Block Jj Shady Rlver Subdlvislor, SedlOI1 2 ii!
A 0.2470 acrD pOI" I ~U I of UJ' 5, BIDDk 3; Shady Ri"~, SDctio 1. asubdivisJ! of
27.47 8creJ in the W;P. Harris Survey A-3D, Harris CounC)', Texas, 8ccdrding to lbe plat
recorded in Volume 114, Page 62 oC the Map Rc:ords of Harris Count;!, Texas, the p:J~el
being more particularly described as tallows: ../ ~:
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Point or BegiJullng being 00 a curve and the Northwest corner qC Lot.S, Block 3;
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Thence aloog a curve to the left h:lving a chord be:uicg oC N 67'"i29' 28' E, a radiw
of 212.33 Ceet, an ar~; distance oC 29.62 (eet to a point for c~rnet jl
Thence S 450 16' 12' E, a dislaDce oC 16212 feet to a point Cor a corner; jl
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Thence S 00" 15' 00" E, a distance of 43.10 feel to a poinl for a ~orner, j!
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Thence S 890 45' 00' :w, a distance of 75.56 feet \0 a p:oiot for ~: corner beicg t' ~
Southwe.st corner of Lot 5, Block .~; ;: I II
Thence N 240 38' 06" W, 8 distance of 157.87 feet \0' the Poind of Begirull.nl: ahd
Dons~dog of 0.2470 .DtDL ':I II
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A..'l'Y 1'RO\'"JSIONS HERE!N 'm-lICE F.ESTFJCi rnE SALE. RENTAL.
OR USE OF TriE Df.SCRillm RE..AL PROrERTY BECAUSE OF
COLOR. OR R.<\CE.. IS iNVAUD .t>o..ND UNENFORCEABI.E UNDER.
TliE FEDE.RAL LAW.
A CERTIFIED COP"'l
SEP Z ~ ~iSS5
A ITEST:
BE....ERL y B. Y...ATJFM.!......l~. COI.U~t}' Cl.€.rk
Ha.rri:; Cm.ill1;v, Te;t.:!.'S J ..
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ANY PFmr.iS10NS HER.EIN WHICH RESTRiCT TIlE SAL.F.. .RENT AI_
OR USE C.'F TIlE i:"'.ESCR.mE:J R::'AL PROPEHrT BEC/\U5E OF
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niE FEDERAl. LAW.
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COMMUNITY DEVELOPMENT
PROCEDURE/POLICY MANUAL
SUBJECT: Amendment to policy regarding requests for water and
sewer servi e outside the City of La Porte's corporate
limits.
F)
Y Manager
Date Revised: August 30, 1990
APPROVED:
TITLE:
RESPONSIBLE AGENCY:
Director 0 Community Development Department
AUTHORIZATION:
As directed by the City Council during Council
meeting held on. March 12, 1990.
SUMMARY: This policy amends the City's current policies regarding
requests for utility service by an applicant located
outside the City's corporate limits.
1-.s directed by City Council at their N:arch 12, 1990
meeting, the C,ity will not consider applications for
utility service to customers located within the corporate
limits of another city. Applicants located outside La
Porte's corporate limits should pursue obtaining utility
service from the City in which they reside.
~.pplicants requesting utility service, for locations
outside the City I S corporate limits but wi thin the City's
ETJ, were (sic) subject to the January 5, 1983 policies.
However, per discussions at May 25, 1990 Executive Staff
Meeting, these policies are under review. Therefore, all
requests for water and sewer service outs~de city limits
and within the ETJ will receive the standard letter
attached as Exhibit C.
INDEX: None
EXHIBITS: A.
B.
1J/f>\
C.
Excerpt from minutes of City Council meeting held
March 12, 1990.
Incorporated by Reference: City Policy RE:
Requests for Potable water and Sanitary Sewer
Service Outside the City of La Porte (Policies
adopted by La Porte City Council on January 5,
1983.)
Standard letter for response to requests for water
and sewer within La Porte's extraterritorial
n ~. jurisdiction (ETJ) (to be in effect while January
V tl 5, 1983 policies are under review).
COMMENTS: Supersedes policy dated April 23, 1990.
9/19/2002
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Ouestions Raised at Aue:ust 26. 2002 City Council Meetine:
Use of Water Well and Seotic Tank
.:. City of La Porte Staff believes the Galveston County Subsidence District (GCSD) would not
authorize a well for one single residence. Their (GCSD) first question is usually "Is there a public
water system available?"
.:. Shoreacres Response:
o They have options for providing water/sewer to this area of Shoreacres. If La Porte does
not furnish water/sewer they would. They have estimates for laying water/sewer lines
under the Bayou ($7,000).
o Shoreacres believes the key issue is access to the lot(s) either by allowing:
1) Joint use of the Lift Station drive, or by
2) Removing the side yard restriction contained in the deed and allowing construction of
access by owner.
Will other developable property be land locked (unless other provisions are made)?
.:. Shoreacres Response:
Yes: According to the tax rolls there are two more tracts ofland that can be developed (a third
tract is too small).
.:. Access, utilities and other municipal services would need to be considered and resolved if these
properties were developed.
o Shoreacres current code limits 1 house per tract ofland as presently divided.
o The owners could seek a variance and/or future changes could be made to the Shoreacres
Codes allowing more development.
Is Shoreacres willing to die-annex the property?
.:. Shoreacres Response:
No: Shoreacres feels they can provide services if La Porte chooses not to. The key to building on
this site is access to the lot(s) either by allowing:
1) Joint use of the Lift Station drive, or by
2) Removing the side yard restriction contained in the deed and allowing construction of
access by owner.
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9/19/2002
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Other issues/concerns offered bv La Porte Staff
Access, Utilities, Solid Waste Service
I) A.) Proposed development wants to use existing Lift Station #40 service road for
temporary and permanent access to the proposed development. There are several concerns
to this arrangement. Development will certainly include delivery oflarge quantities offill
dirt to the site. The damage to the road may require total reconstruction. Access to the Lift
Station may be limited during construction (this lift station is checked daily). The owner
does not want to construct another driveway for aesthetic reasons. The construction of
side-by-side driveways is common in the Shady River subdivision. The frontage on his
portion of the lot is more than adequate to construct a driveway. If this development is
allowed, the preference would be for the owner to construct his own access through the
portion of the lot he is buying.
B.) If the City Council approves joint use of the existing Lift Station driveway to
access the property in question, the construction will most likely require the reconstruction
of the existing asphalt road when complete. The owner should be required to reconstruct
the road at his expense, using a stabilized sub grade, new base and I Y:z inch asphalt
overlay at a minimum. The Lift Station is inspected daily, so the owner must agree to not
block access at any time. These requirements can be incorporated into an agreement.
Council may want to consider requiring a cash bond to insure this gets done. (As a
practical matter as time goes on I believe the City would end up maintaining the road).
2) Solid Waste Service, if supplied by Shoreacres, will require the use of City streets by their
contractor. There are some concerns about the ability of Shoreacres' contractor to handle
the anticipated brush and other debris that may be generated by the development of this
area. We currently collect large amounts of brush from this vicinity (some of which may
come from the Shoreacres portion of this lot). Our Solid Waste Ordinance may have
difficulty coordinating collection days for garbage and trash (the owner could be is
compliance with Shoreacres and in violation with La Porte).
Solid Waste Service, if supplied by the City of La Porte, will be no different from that
provided to residents. I assume that language could be added to the Water and Sewer
Service Agreement to provide for this. If Shoreacres picked up garbage and trash, it would
have to be coordinated with our schedule to avoid complaints. It would be easier if we
provided the service.
3) Utilities provided outside the City require a Water and Sewer Service Agreement and are
traditionally billed at 1 Y:z times the resident rate.
2
9/19/2002
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Because La Porte currently provides Fire Protection for Shore acres and may continue to do so:
1) Driveway - design requirements for width, weight capacity, and height issues. We
would want a waiver on damage should we have to send a heavy piece of equipment down
a drive. We would also need to be assured the drive would not be blocked with parked
vehicles. Also trees would need to be trimmed to prevent damage to our units. Even an
ambulance is heavy and has height requirements above the normal residential vehicle.
2) Address Issue - Would this location have a Shoreacres address or an address on Oak
Leaf? An Oak Leaf address is suggested. We could be faced with the issue of Emergency
Units from another jurisdiction blocking our streets, etc.
3) Looking at the fire hydrants in Shady River, we would want to add a hydrant in close
proximity to this drive. Shoreacres or the owner should pay for this installation.
3
9/1912002
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IF La Porte Wishes to Approve Access
Access to Proposed BoUdinl! Site
1) If joint use of Lift Station #40 road is allowed.
o Owner agrees to conditions/covenants to be filed for record.
o Owner agrees to either repair (or reconstruct road if more than 50% damaged)
when construction is complete.
.:. If joint use of access road is chosen and future development of other properties in
Shoreacres is considered then City of La Porte should have the option of either:
a) Right to require 2nd access (in the restricted side yard) paid for by others or,
b) Right to have Lift Station road reconstructed to public street standards and paid
for and maintained by Shoreacres with egress and ingress easement granted to
the City of La Porte to reach Lift Station #40.
2) If the City allows access by removing side yard restriction for Lot 5, Blk 3.
.:. Ownerlbuyer get confirmation for Shady River Homeowners' Association that is not in
violation of covenants and restrictions.
.:. Driveway meets standards of City of La Porte and Shady River Subdivision covenants (if
applicable)
4
9/19/2002
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Water/Sewer and Solid Waste
If access issue is resolved! by either method:
.:. Water/Sewer could be provided by either Shoreacres or La Porte.
o Ifby Shoreacres this is between Shoreacres and owner.
o Ifby City of La Porte, recommend an Interlocal Agreement with Shoreacres and a service
agreement with property owner.
.
1 Y2 times all La Porte regular fees.
Ordinance policies, etc. of La Porte related to furnishing of water/sewer shall apply.
.
.:. Solid Waste: It is recommended that the City of La Porte provide solid waste service to prevent
conflicting schedules, service, etc. between Shoreacres and La Porte (Shady River).
.:. Fire Protection
o Is currently provided by La Porte and potential exists to continue. Therefore;
o Add to Utility Agreement
· Fire Hydrant - paid for by others (between Shoreacres and others)
· Covenant with owner - road width, no blocking, etc. for either access chosen.
.:. Additional issues:
o Land locked properties
o City of Shoreacres
· Interlocal Agreement recognizes that two other potential building sites exist west of
this site that do not have public access.
· Ifbuildingldevelopment of these sites occurs, Shoreacres agrees to:
1) Resolve the access issues among these owners
2) Agrees to fund an access road to serve the multiple
residences/developments. Access road to be the minimum standards
for a public street.
3) City will agree to dedicate across its property a 50 ft. right-of-way
and turn around to accommodate this public road. Retaining right-
of-way egress and ingress to City's Lift Station site.
4) Alternatively, the City of Shoreacres and all owners agree to
common use of the access through the (currently restricted) side
yard.
.:. All of the above matters covered by Interlocal Agreement with Shoreacres and Service
Agreement by property owner containing covenants and filed for record.
5
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September 19,2002
Mr. Joern.s,
In preparation for the council m.eeting on September 23, r would like to give you my
ideas on the approach you might take in presenting to the council members so they can
fully understand tbe situation and we can have closure, The following options are listed
in order from best to worst.
Option one- LaPorte will provide utility service (water, sewer. and garbage
service) and aUow use of the 11ft station road,
Option twop Shoreacres will provide 'Utilities and,LaPorte wi.1l allow tbe use of the
lift station toad
Option. three- LaPorte will lift the restriction that states" no improvements can be
made on the property of the City of LaPorte without Council permission." This is
necessary if options one and two are voted down~ because 1 will need to construct
a driveway to provide access to my house.
As 1 h.ave stated many times, we are prepared to sign a contract agreeing to pay for road
tepain, agreeing to not blocking the roadway, and basically agreeing to whatever is
needed so we are al.Jowed access to this property.
We would .Like to be able to have closure at this meeting so that I can finalize the
purchase of the property'and sell my current home, Your help in this matter is greatly
appreciated. Please let me know if you need more information, Do you think I need to
prepare an information packet with. maps~ options. agreements. etc... fOT the council? I
can be reached at 281-471-3461, 281~932-S628, 28J-420-S116.
Thank you,
'.:4v7 /T~~4~
L lU__ . c::::J
any .1Y.LiUhn.ez
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News Release
cr. \f(){{r\S
C,c. A leY-d'~~(
co€:
I.. - VED
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TO: ~ _,.J U:-1 2002
c:' I ~ .' :~BTARY'S
.- .. : CE
2800 North Loop Westt Houston, Texas 77092 r;:-~' - iii U(,o r~ - n \'.: I~
II L~ II') ll, II II,
For Additional Information Contact: Jim Robinson, Chief Appraiser, 713-957-5291 i n,. ~_:~..-. .
I I ;, !
1'J .1 SEP 3 ZUUZ
TuesdaYt September 3, 20021'~>t Ie~
For IMMEDIATE Release A ~
---
Applicants Sought for Appraisal Review Board Ser .
By ~_L-
HOUSTON-The Harris County Appraisal District (HCAD) is accepting apphcatton~mll =-
residents interested in service on the district's appraisal review board (ARB).
The review board, which hears property owner protest~ about appraised value, exemption denials,
and other appraisal district related matters, is comprised of 65 citizens. Members sit in panels of three to
conduct protest hearings, most of which are during the summer months.
ARB members are appointed by the appraisal district's board of directors and serve two-year
terms. Service on the review board doesn't constitute a full time job but, while conducting hearings,
members are paid up to $165 per day for each full day of actual service.
Review board service is generally a full-time commitment during the summer months and
requires members to be available for service all day every weekday from May through September. ARB
members are not always scheduled every day, but must be available to serve ifneeded.
Jim Robinson, HeAD's chief appraiser, noted that the most important qualification for any ARB
member is an attitude of fairness and willingness to devote sufficient time to the responsibilities. In
addition, Texas law contains specific provisions on eligibility.
Candidates for the ARB must be current residents of the Harris County Appraisal District, and
must have resided in the district for at least two years. Persons who fall into any of these categories,
however, are ineligible:
--Individuals who are currently employed by the State Comptroller of Public Accounts;
or who are a member of the governing body, an officer, or a full or part-time employee of a county, city,
school district, community college district, MUD, or any other entity supported by local property taxes.
Former governing body members, or officers of a taxing unit served by HCAD are ineligible for four full
years from the date they ceased to serve in that capacity.
MORE
.
"_
More ARB Applications Sought
Page 2
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--Persons who own an interest in property on which delinquent taxes are due, regardless
of where in Texas that property may be located, unless the tax. is deferred or being paid under an
installment agreement.
-Anyone who personally, or whose spouse personally, has a contract with a local
government or an appraisal district. The same restriction applies if the person, or his or her
spouse, owns a 10% or greater interest in a business that contracts with a local government or
taxing unit.
-Persons who at any time have appeared before the ARB for compensation as a tax
consultant, accountant, appraiser, or representative of a property owner.
-Anyone who has served on the appraisal review board for all or part of three previous
two-year terms, and any individual who has ever been employed by HeAD or has ever served as a
member of the district's board of directors.
Robinson also noted that applicants aren't considered if they are presently under indictment or
have previously been convicted of a felony or a misdemeanor involving moral turpitude.
Application forms are available by contacting Gerry Muzny at 713-957-5291, and will be
accepted until November 27,2002. Applicants selected by the board of directors as finalists will be
scheduled for interviews in early January 2003.
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NO BACKUP PROVIDED FOR TmS ITEM
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A
REQlsT FOR CITY COUNCIL AGLA ITEM
Agenda Date Requested:
Appropriation
Requested By:
Source of Funds:
General Fund
Department:
Ad m in istrative Services/Pu rchasing
Account Numher' Various
Report:
Resolution:
Ordinance:
Amount Budgeted: $34.972
Exhibits:
Bid Tabulation
Amount Requested: $30.659.04
Exhibits:
Bidder's List
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Sealed RFP #0098 for Copier Rental and Maintenance Service were received on August 5, 2002. Requests for Proposals
were mailed to twelve (12) area service providers. Global Services requested a packet after advertisement. Ten (10) vendors
returned proposals.
The RFP requested proposals for eight (8) copiers of various sizes and a variety of features to replace existing copiers with
several City departments. Each department was contacted by Purchasing staff to identify features unique to their operations
and estimated monthly usage. After the opening, Purchasing staff spent extensive time evaluating all submitted proposals to
obtain the best offer for the City, and finally selected four (4) vendors.
Purchasing arranged meetings with each of the four (4) vendors to negotiate the proposals and gave a deadline for the
vendors to submit their best and final offer. Each vendor was required to provide a demo of their large capacity copiers to
allow the primary users to operate the machines. The users then submitted their comments and recommendations to
Purchasing staff who then consolidated all the information, selected two (2) final vendors, and made site visits to both.
Purchasing staff was equally confident that either vendor could meet and exceed all the copier requirements of the City and
provide excellent service.
Staff Recommendation:
Purchasing provided the consolidated information to the users for their review. The employee user group unanimously
recommends Digitex Corp., our current provider, for award of the copier contract in the amount of $30,659.04 per year:
The current cost for the copiers being replaced is $34,825.80 per year. Supplies were purchased separately for an annual cost
of approximately $1,500. The new contract includes supplies for the term of the contract and represents a fifteen percent
(15%) decrease, annually. Sufficient funds have been budgeted by the user departments.
We anticipate renting these copiers for the full 36 months of the contract, however, a "Municipal Funding Out" clause will be
included with the contract in case funds are not available in the future,
Action Required bv Council:
Award copier contract to Digitex Corp. in the amount of $30,659.04 per year.
109 City Manager
'1' /()~
(
Date
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BID TABULATION - RFP #0098
COPIER RENTAL & MAINTENANCE SERVICE
BEST & FINAL OFFER W/SUPPLlES
MARIMON IKON DIGITEX STARGEL
DESCRIPTION CPM QTY BUSINESS OFFICE CORP OFFICE
CITY HALL 60 36 $399.00 $409.94 $443.00 $447.65
PUBLIC WORKS 60 36 $427.00 $424.53 $485.50 $478.47
PARKS ADMIN 60 36 $399.00 $409.94 $443.00 $447.65
PO ADMIN 60 36 $441 .50 $434.82 $485.50 $487.65
PO PATROL 35 36 $259.00 $364.93 $244.00 $229..60
FIRE DEPT 35 36 $232.00 $245.35 $194.40 $178.96
PDCID 22 36 $174.00 $166.44 $129.76 $127.06
SPECIAL SER 22 36 $174.00 $166.44 $129.76 $127.06
FREIGHT 36
-. TOTAL $205.20
GRAND TOTAL $2.505.50 $2,622.39 $2,554.92 $2,729.30
OVERAGES
65 CPM 0.0074 .0079-.0083 0.0065 0.005
35 CPM .0093-.01 .0083-.0113 0.0075 0.006
Information reflects pricing only and other factors may
be considered during the evaluation process.
nformation reflects pricing only and other factors may be considered during the evaluation
--
-
MARIMON ST ARGEL IKON DIGITEX PREMIER GLOBAL GLOBAL
DESCRIPTION QTY BUSINESS OFFICE OFFICE CORP BSI SEAMLESS OFFICE CANON LANIER OPTION 1 OPTION 2
CITY HALL 36 $391.00 $417.65 $436.55 $443.00 $462.12 $476.25 $511.50 $516.00 $539.00 $566.18 $478.97
i PUBLIC WORKS 36 $416.00 $433.47 $458.92 $485.50 $502.84 $526.25 $551.50 $533.00 $539.00 $626.18 $538.97
PARKS ADMIN 36 $391.00 $417.65 $436.55 $443.00 $462.12 $476.25 $511.50 $516.00 $539.00 $566.18 $478.97
PD ADMIN 36 $430.00 $442.65 $469.21 $485.50 $510.62 $526.25 $551.50 $551.00 $539.00 $626.18 $538.97
PD PATROL 36 $254.00 $214.60 $297.90 $244.00 $212.34 $280.85 $296.14 $354.00 $308.00 $375.86 $314.13
FIRE DEPT 36 $229.00 $169.96 $238.52 $194.40 $185.85 $215.25 $217.29 $274.00 $296.00 $275.56 $228.74
PD CID (3-HP) 36 $161.00 $124.06 $223.48 $129.76 $175.48 $137.40 $114.35 $272.80 $214.00 $224.20 $183.20
SPECIAL SER 36 $161.00 $124.06 $172.54 $129.76 $117.51 $137.40 $114.35 $208.80 $214.00 $197.48 $161.70
OPTION
COST PER COpy 60,400.00 NOBID 0.0388 0.0438 0.0423 0.0435245 0.046 NOBID 0.0543 NO BID 0.0572 0.048
TOTAL $2,343.52 $2,645.52 $2,554.92 $2,628.88 $2,778.40 $3,279.72 $3,454.88 $2,899.20
BID TABULATION
RFP #0098
COPIER RENTAL AND MAINTENANCE SERVICE
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BIDDER'S LIST
RFP #0098
COPIER RENTAL AND SERVICE MAINTENANCE
AMERICAN BUSINESS MACHINES
2872 ANTOINE
HOUSTON, TX 77092
BUSINESS SOLUTIONS INTERNATIONAL
5711 HILLCROFT
HOUSTON, TX 77036
CANON BUSINESS SOLUTION
4333 W. SAM HOUSTON N, STE 100
HOUSTON, TX 77043
DIGITEX
322 E. MAIN STREET
LEAGUE CITY, TX 77573
HECKMAN BUSINESS SOLUTIONS INC.
8876 GULF FREEWAY, SUITE 125
HOUSTON, TX 77017
IKON OFFICE SOLUTIONS
810 GEARS ROAD
HOUSTON, TX 77067
LANIER WORLDWIDE, INC.
13135 DAIRY ASHFORD, STE 300
SUGARLAND, TX 77478
MARIMON BUSINESS SYSTEMS
7300 N. GESSNER ROAD
HOUSTON, TX 77040
OCE'-USA, INC.
5851-SAN FELIPE, STE 100
HOUSTON, TX 77057
PREMIER OFFICE MACHINE
514 N. FRIENDSWOOD DR
FRIENDSWOOD, TX 77546
SEAMLESS SOLUTIONS
5821 WESTVIEW
HOUSTON, TX 77055
STARGEL OFFICE SYSTEMS
1220 BLALOCK, SUITE 100
HOUSTON, TX 77055
GLOBAL SERVICES (Picked up packet)
2902 W. 12TH STREET
HOUSTON, TX 77008
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
JULY 21, 2002
JULY 28, 2002
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 23. 2002
Requested By: Buddv Jacobs ,~.
Department: Public Works ~
Appropriation
Source of Funds: Various
Account Number: Various
Report: XX Resolution: _Ordinance: _
Amount Budgeted: $498.813.00
Exhibits: Bid Recap Sealed Bids #0865
Amount Requested: $418.297.11
Exhibits: Purchasine Memorandum
Budgeted Item: X YES
NO
Exhibits: Vendors Lisa
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0865 - Vehicles were opened and read on September 3, 2002. Bid requests were mailed to
eight (8) vendors with five (5) returning bids.
Low bid meeting most specifications on Item 1 - Police Vehicles was submitted by Lawrence Marshall Ford in the
amount of $127,444.00 Foods in the amount of$158,256.00 were budgeted in the 02/03 Motor Pool Replacement
budget for this purchase.
Low bid meeting specifications on Item 2 - Full Size 4 dr Sedan (2 ea), Item 8 -:y.. Ton Pickup wlUtility Body (1
ea), and Item 9 -:y.. Ton 4wd 4 dr Diesel Pickup (1 ea) was submitted by McRee Ford in the amount 0[$86,473.11
Funds for these purchases were budgeted as follows: $74,752.00 in the 02/03 Motor Pool Replacement budget and
$28,000.00 in the 02/03 Fire Suppression Operating Budget for this purchase.
Low bid meeting specifications on Item 3 - Extended Cab Pickup (1 ea) , Item 4 - Sport Utility Vehicle (1 ea), Item
5 - Y2 Ton Pickup Crew (3 ea) and Item 6 - Y2 Ton Pickup Supervisors (5 ea) was submitted by Lawrence Marshall
Chevrolet in the amount of $149,287.00 Funds were budgeted as follows: $154,829.00 in the 02/03 Motor Pool
Replacement budget and $15,214 in 02103 Water Production Operating budget for these purchases.
Low bid meeting most specifications on Item 7 - Y2 Ton Pickup 4WD (1 ea), Item 10 - 1 TOil Crew Cab Pickup (1
ea), and Item 11 - I Ton Pickup Cab & Chassis were submitted by Philpott Ford in the amount of $55,093.00 Funds
were budgeted as follows: $40,762.00 in the 02/03 Motor Pool Replacement Budget ~md $27,000.00 in the 02/03
Parks Maintenance Operating budget for these purchases.
H-GAC was contacted for their bid prices on these items. However, they have not bid the 2003 models at this time.
Staff recommends award of bids as outlined above.
Action Reauired bv Council:
A ward bid as recommended by Staff.
Approved for City Council Aeenda
ert ~ft:mager
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Date
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
SEPTEMBER 4, 2002
From:
Steve Gillett, Director of Public Works
Lee Allen, Equipment Services Superintendent
Susan Kelley, Purchasing M~nager ~
Bid #0865 - Vehicles
To:
Subject:
Advertised, Sealed Bids #0865 - Vehicles were opelJed and read on September 3, 2002.
Bid. requests were mailed to eight (8) vendors with five (5) returning bids.
Copies of the bids are attached for your review. Purchasing will be happy to assist in the
evaluation process, if requested.
This bid may be placed on the agenda for the City Council meeting on September 23rd.
Please remember to submit your recommendation with an agenda request form to the
City Secretary and Purchasing Manager by the prescribed time. The following items
should be included:
~ Bid tabulation and bidder's list as backup
~ Date of requested council meeting
~ Explanation of recommendation, other than low bid meeting specs
Attachment: Bid Copies
Bid Tabulation
Bidder's List
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BID TABULA TION
BID # 0865 - VEHICLES
PHILPOTT McREE LAWRENCE LAWRENCE LES MARKS
FORD FORD INC MARSHALL MARSHALL CHEVROLET
DESCRIPTION Qn FORD CHEVROLET
1A) Police Vehicle - Black lA White 5 $21,287.00 $21,310.22 $21,332.00 NeBID NeBID
18) Police Vehicle - White 1 $20,939.00 $20,923.22 $20,784.00 NeBID NeBID
Item #1 - Total $127,374.00 $127,474.32 $127,444.00 NeBID NeBID
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2) Full Size 4 Door Sedan 2 $20,853.00 $19,613.02 $20,223.00 NeBID NeBID
Item #2 - Total $41,706.00 $39,226.04 $40,446.00 NeBID NO BID
3) Mid Size Pickup - Extended cab 1 $14,636.00 $14,979.44 NO BID $14,244.00 $16,150.00
Item # 3 - Total $14,636.00 $14,979.44 NO BID $14,244.00 $16,150.00
4) Sport Utility Vehicle 1 $24,439.00 $21,595.92 NO BID $19,999.00 $21,150.00
Item # 4 - Total $24,439.00 $21,595.92 NOBID $19,999.00 $21,150.00
5) 1/2 Ton Pickup - Crew 3 $15,219.00 $14,448.15 $14,143.00 $13,933.00 $16,700.00
Item $ 5 - Total $45,657.00 $43,344.45 $42,429.00 $41,799.00 $50,100.00
6) 1/2 Ton Pickup - Supervisor 5 $15,219.00 $14,448.15 $14,799.00 $14,649.00 $17,430.00
Item #6 - Total $76,095.00 $72,240.75 $73,995.00 $73,245.00 $87,150.00
7) 1/2 Ton PIckup - 4 Wheel Drive 1 $16,714.00 $18,440.74 $18,462.00 $18,142.00 $20,650.00
Item #7 - Total $16,714.00 $18,440.74 $18,462.00 $18,142.00 $20,650.00
8) 3/4 Ton Pickup wJUtility Body 1 $20,805.00 $19,314.47 $20,692.00 $21,362.00 $23,100.00
Item #8 - Total $20,805.00 $19,314.47 $20,692.00 $21,362.00 $23,100.00
9) 3/4 Ton Pickup - Crew, 4 Door, Diesel 1 $28,878.00 $27,932.60 $28,440.00 $30,772.00 $32,450.00
Item #9 - Total $28,878.00 $27,932.60 $28,440.00 $30,772.00 $32,450.00
10) 1 Ton Pickup - Crew, 4 Door 1 $21,074.00 $21,458.83 $21,729.00 $22,962.00 $25,450.00
Item #10 - Total $21,074.00 $21,458.83 $21,729.00 $22,962.00 $25,450.00
11) 1 Ton Pickup - Cab & Chassis 1 $17,305.00 $17,871.21 $18,362.00 $18,287.00 $20,400.00
Item #11 - Total $17,305.00 $17,871.21 $18,362.00 $18,287.00 $20,400.00
Infonnation reflects pricing only and other factors may be considered during the evaluation.
.
ALVIN DODGE
1509 S. GORDON
ALVIN, TX 77511
BLUEBONNET CHRYSLER/DODGE
547 S, SEGUIN AVE
NEW BRAUNFELS, TX 78130
LAWRENCE MARSHALL CHEVROLET (3)
PO BOX 983
HEMPSTEAD, TX 77445
MCREE FORD
P.O. BOX 577
DICKINSON, TX 77539
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996 .
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BIDDER'S LIST
SEALED BID #0865
VEHICLES
BA YSHORE DODGE
2209 MARKET STREET
BAYTOWN, TX 77520
LA PORTE FORD
621 HWY 146 SOUTH
LA PORTE, TX 77571
LES MARKS CHEVROLET
PO BOX 1119
LA PORTE. TX 77572-0119
PHILPOTT FORD
PO BOX 876
PORT NECHES TX 77651
BAYSHORE SUN PUBLISH DATES:
AUGUST 18,2002
AUGUST 25,2002
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MEETING HANDOUTS
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TO: La Porte Mayor Norman Malone, Interim City Manager Jobn Joernes, City2LOUD persons
FROM: Rudy & Pe..y Gard.. 31100..... Lane, La Porte TX 775714224 RJ;
SUBJECT: HEALm ENDANGERMENT and ongoing COMMON LAW NUlSAN ES L
by Fairmont Park Baptist Cburcb [FPBC] ineffective cboiceslleadersbip:
I. New plan for drainage & abandonment of bicycle race park
2. Bicycle race park's despicable condition
3. Lack of drainage & bealtb dangers
DATE: September 23, 2002
We hope you have read the letter we sent to Fairmont Park Baptist Church September 13,2002, which
includes a summary of the July 25m nonproductive meeting we had with Dan Chappell and Tom Handy and
all of our ongoing issues that prevent us from enjoyment to our home. We sent a copy of the letter to Doug
Kneupper.
Tonight we are addressing our concerns about FPBC's new plan to address their drainage problem and our
health endangerment (now 37 months after their neighbors asked them in August 1999) submitted by FPBC
to Joemes and Kneupper at the last minute on September 6, 2002, before their year's permit to finish the
bicycle race park expired. Before YOU accept their Dlans. please require the church to comply with specific
conditions and deadlines addressed below that adversely affect their neighbors:
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1. How deep Us the new ditch behind our fence?
2. How close Us the new ditch to our fence?
3. What kind of maintenance will be implemented to prevent an overgrown and dense
ditch like tbe one they presently have on the north side of their property?
4. What kind of maintenance will be implemented so that their new ditch behind our
fence does not hold standing water at any time?
5. What kind of drainage guarantees that their new ditch behind our fence will drain
into their north side ditch?
6. How will their north ditch be prepared to drain the water?
7. What type of new drainage process have they planned to drain the entire system?
8. Does the new plan include the planting of trees between their new ditch behind the
Shall'S' and our fences?
NOTE: We strongly recommend that FPBC and City Council study what First Baptist
Church on Red Bluff at Beltway 8 has done to separate themselvt'-s from their
neighbors: a road, many pine trees, and sewer drainage (not a ditch). Their steps are
true acts of being considerate of their neighbors.
9. What win protect our property value so that we do not lose more than the $23,500
value we lost in 2001? We want to sell our home for more than the original 2001
value after we retire.
10. Does the new plan require the church to exterminate for mosquitoes the standing
water area on their property, which continues to be ideal breeding conditions for
mosquitoes, a worse threat this summer due to the West Nile virus. Therefore, we
have not and cannot spend any time in our back yard other than what is necessary
to maintahn it.
,
Other issues that reflect the church ons ibili that need to be addressed and
solved bv La Porte City Council and P annm2 an omn2 include the following:
l. Not insulating the east side of their S'x 24' ramp, which echoes in our home.
2. Leaving a ramp and lumber on the property, which is accessible for children & used by
them during unsupervised hours.
(we~)
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3. Leaving lumberlboards/plywood and small ramps accessible outside their gymnasium to
young people to use during unsupervised hours.
4. Allowing children to ride bicycles and skateboards on the 8'x 24' ramp dudng
unsuoervised hours. despite the church van parked in front of it. The church van is not a
deterrent. A locked metal gate in front of the giant ramp is necessary immediately.
5. Allowing children to make ramps from the accessible lumberlboards/plywood and
skateboard under their church awning against the concrete support wall during
unsupervised hours.
6. Not posting signs for the supervised hours of activities.
7. Not posting signs to instruct young people not to use their facilities without supervision.
8. Not posting signs for skateboarders and bicyclers to stay off the ramps and Fun Box
during unsupervised hours.
9. Not maintaining church property (not mowed regularly); weeds as high as 6+ ft. on dirt
mounds behind our fence (an eyesore deluxe).
10. Choosing to complete their 8'x 24' ramp before mowing their property. They have left
the dirt mounds unmowed for months.
II. Their lack of initiative or communication to reSolve their "unneighborly" actions & non-
actions.
12. Never apologizing to their neighbors for the inconveniences their activities have inflicted
upon their neighbors.
13. Our having to continuously make calls to the La Porte Police Department regarding their
oermit and noise violations (except for their standing water, which we repeatedly report
to the La Porte City Council and Planning & Zoning).
Whoever the church hired to dig this ditch and spread all the dirt from the mounds will probably ~
need supervision and guidelines from the City of La Porte to ensure its effectiveness. We are
asking that all of these issues are addressed in writing with deadlines to the church by La Porte
City Council before allowing Fairmont Park Baptist Church to proceed with a plan that will be
haphazard and incomplete, as have all of their plans regarding their drainage and outside
activities and scheduled concerts.
9-23-02 Council note.udit e
In the last council meeting I detected disappointment from some Council members in
the audit format and results. I share your disappointment. I expected an aggressive, :
investigative audit aimed at uncovering violations of policy, of law, and of reasonable
use. Based on the auditors presentation; I think we ended up with a bean count and a
thinly veiled attempt to find what was right rather than what was wrong with credit card
use by certain individuals. I've spent about 10 hrs. reviewing expense statements and
credit card charges and cell phone charges of the 3 individuals I thought mo,st likely to
be, big spenders. And my conclusions were just the opposite of the auditor's
conclusions.
For example;
My notes of the auditors presentation show that he said that inconsistencies in food and
drink documentation were across the board. However, my study of the expense
statements found 2 of the 3 individuals consistently stayed within the purchasing and
travel policies, consistently documented their food and drink expenses, and were what I
would describe as reasonable in their expenses. In stark contrast, the 3rd individual
apparently violated the purchasing and travel policies on numerous occasions, his
documentation was poor to non existent and many of his expense items were what I
would describe as excessive; such as repeated -$10 movie rentals, $7 tips to the hotel
maids, and $40 ? car detailings that were on top of a $400 a month car allowance.
I have many more examples, but before I do a full scale response to this so called audit,
I would like to have answers to the 18 questions I have.asked the auditor and I already
have additional questions for the auditor. My questiQD.~::for the auditor are attached.
My 1435 questions to this council are; ., ~,
1. How do I get my additional auditor questions answered?
2. Why were citizens given only two days to ask questions of the auditor?
Bill Scott
The following are que.ns for Mr. Tiller
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1. What corroborating evidence did you use to verify Mr. Herrera's memos
supporting his expenses?
2. Exactly what documents did you study to come to the conclusion that there is
no pattern of excessive credit card questionable use?
I
3. Re: your statement that document support varied greatly among credit card
users; Who was the worst offender of document requirement policy and
exactly how did it vary from user to user?
4. Re: your statement that the level and nature of transactions seemed
reasonable for Mr. Herrera's credit card charges; what data did you compare
his charges with, in order to come to that conclusion?
5. Did you audit expense statement items in addition to credit card charges?
6. Did you audit for reimbursements for receipts on specific items such as tips
and tolls that were also included in per diem? (Commonly called double
dipping).
7. Which staff members consistently broke the IRS regulation that either per
diem or receipts-be used; but not a mix of both?
8. What were the total number of credit card charges and reimbursements to Mr.
Herrera for food and beverage for the period covered by your the audit? Also
for Mr. Joerns?
9. You stated that the per diem policy needs to be more clear. Exactly what part
of the per diem policy needs to be more clear?
10, Why did you give weight to a purchasing dept. memo that was in direct
contradiction to the written city purchasing policy?
11. You stated that it is difficult to compare various city's budgets. Exactly what
parts of various city's budgets are difficult to compare and why?
12. You stated that there were documentation general inconsistencies across the
board. Specifically what were these general inconsistencies? When you say
general; does that mean across all credit card users?
13. What codes or policies outside the City domain did you use as benchmarks?
For example; the IRS code.?
14. You stated that if credit card expense documentation had who attended and
what the event was about; you considered the documentation appropriate.
Exactly how many events were properly documented, how many were not
properly documented, and how many were documented after the fact by a
memo?
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15. You stated that you did not see a trend that was bothersome as compared to
other entities. Exactly what trend(s) were you auditing for and exactly what
data from other entities did you use as a comparative scale?
16. What is your relationship with Randy Strong? IN DETAIL!
17. What is your relationship with La Porte Police Chief Richard Reff? IN DETAIL!
18. What is your relationship with Bob Herrera? IN DETAIL!
Additional questions.
1. Who authorized you to accept after the fact memos as documentation for
expenses?
2. Did you apply the TML travel policy to TML paid expenses and if so; what was
the result?
3. Have you had contact with Bob Herrera, Randy Strong, or Richard Reff during
or before your audit and if so, what are the details of those contacts?
4. Did you use Mr. Herrera's calendar to verify his expenses and if so; what
were the detailed results?
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Industry
Graup .. Industry
No. No.
029 GENERAL FARMS, PRIMARILY LIVESTOCK AND ANIMAL
SPECIALTIES
0291 General Farms, Primarily Livestock and Animal Specialties
..........
;.EstabliShments' 'deriving 50 percent or more of their total value of sales of
'culturaJ1"rOduas~Ji.~d anima1:speoiiitieS:and their roduCts
agn p ..__..,.....~... - ." . . ..... .... . ~/,.. _.', , . P ,
but less than 50 percent from products of any single three-digit industry
group.
Animal speciaJty and liveotoc:k I'anDB,
pneral
Livestock and animal opeciaIty Wmo,
pneral
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eINT~R-on .E MEMORANDUM
'. 2', 1990
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,'- .'.' .. '-OCTOE
...::':~~:. ~:-f. ~a.:~~>'~.. -.: :~~~7~~=~ ;.~..~:=::::~::~~~~:~~... .
TO::
.. . _. "-.-"'-0-' ._. ."...... _., .t.
-" ,u-::~cIo~i:::H~;.. ~kibr'.e'cht.,._ Di
:ctor of Community' Development
FROM:
John D. Armstrong, ~ .istant City Attorney
, .
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SUBJECT: ; Blackwell Property Response
Memorandum dated Oct .;er 2, 19~0
to Joel Albrecht's
.-:--...- --t:.a.IDi-:i::es'Eo:~afnif to' your'memo"c :ed': Oct'ober 2, 1990.
-:'=Y9u'~.ema..~i&"'.attache<i-:.fo,I::. your: '~efer;ence..
A' cc;>py of
- '---I-:-a:-sclrrtai"TI"( -bc!'S-ed-on-the- fac :;-conta-i:n ed- in- you roo memo i .th a t- two-
......,,' (2 )~. i~sy..es~ ar.e,,- z;.~i.,~.e9.: _ ,r,~g~r.di. ~ the; Blackwell property. 'l;he.
. ._..~':- f.irst.-i1iisue.. concerris~,a._ comp1:. .:..nt by Mr. Bill Scott regardrrig~a-'
r. building close to Mr. Scott's ., .:-operty line. You have indicated
.=-.:,)~O me .that the bt;.ilding" was r~~ .:ently built withou't Mr. Blackwell
~--i".,:..,..,-ttaJd-ng~ou..t:;.:a;;,.p-er~t:k,fr:.om,;_,the'~",-- ..ty::...:.,: of. ~a POI:te. You. fut'ther-
':' indicate too. me-that. since.the complaint was made,. Mr. Blackwell
.... has-,. taken out a permit and, his :uilding has been inspected by .the-
City. Based., on the City's. inr-1ections, Mr. Blackwell has. agreed
~o':' corr.ect..: the: only.. deficiency: ound in the building by. cutting.
bade a roof over-hang' to est;: ,lish the buil'ding at the requ'ired
set-back distance' from Mr. cott's property. If all my
assumptions are correct, it ~ ~uld seem that the building, ~hen
conformed to the-Ordinance, wou~d then be eligible for a building
permit~ .
The second issue raised by yOU! memo regards the concentration of
domesticated livestock on the Blackwell property. You have
indicated to me that the concer.:.:ration is in excess of City of. La
Porte Zoning Ordinance concentrations, as established in Section
10-300 of the Zoning Ordinance. However, you have also
established in your memo that these domestic livestock have
existed on the property prior to the passage of the zoning
Ordinance.
.
J
You have indicated that the primary use of the property falls
under SIC Code Number 0291 (General Farm - Primary Livestock
Specialties). If that in fact is the case, and if that property
has been so utilized since before the passage of the Zoning
Ordinance, then it is clear that Mr. Blackwell has a legitimate
pre-existing, non-conforming use, not subject to current Zoning
Qrdinance rest~ictions.
H.owever, I would caution you to be sure that the SIC Code
ass.igned to __Mt..., Black~elr_.'s p'roE.~rty, is aQp,l:oQr iate. My review
of SIC' Code: Number 029'1-.-indi:-cates.'---that Mr. - B-lackweI1' s prope-t."ty,
_. needs" to der j. ve- fifty: percen t 50 % or more of the tota 1 value
sales from livestock or other agricultural products or other
'inc1d€i1taL-'re~en-;:;e--- 'sources.:} In a ~t~onr Mr. B ackwell must
--aerive less than fifty percent (50%) of the total value of his
sales from agricultural products of any single three-digit
industry group. Before you can be sure tha~ the property
qualifies as pre-existing, non-conforming, you must satisfy
yourself that these two tests as established in the SIC Code have
-:-b.een::- met:.::-._.
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10-2-90
Memo to: I,'lr. Joel Albright
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From: Kevin L. Blackwell
Subject: Use of property en outlet 420
~tr. Albright as per our conversation on 10-2-90, I would like to make you
aware that one hundred per cent (100%) of my income is derived from this
property. I am self-employed and the following is a list of the many \.'ays
which I make a living.
p~
Commercial hay baleing., ---- --_.~
Commercial tractor work tlandscaping, backhoe, co~struction). /
Commercial \"elding both on the job and shop .fabr'i~i:ion _ =--
Raising of toc~ Ie ur ose of sales In the past year and a
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a, ave had.as many as~thirty-five 35 roping calves and t\"enty (20)
roping steers on' outlot 419.:..knd 420 for the purpose of use in rodeos in the area.
5. The use of the outlot 419 has been used for the ~aising of liVestock and
hay since 1950 through 1990 by my Father and I. Ou~lqt 420 has been used n$
a horse operation for the same period of time. He have been using it since purchasi:
it in 19.80 from ~. Lee, who was in the race horse and livestock business. ~rr.
Jesse Neuman and Hr. Red Cheshire owned this property si.nce 1950. Both mmed
this property since 1950. Both of these gentlemen have passed on but their
past and the use of this property lives on.
1.'
2.
3.
4.
I am very concerned about being a good neighbor and have tried to talk to
Hr. Scott in the past few weeks. It appears that he is impossible to
deal with. I am sorry for the inconvience this has caused the City. t.1y
interest is not in causing the City or yourself any problems but feel this
peice of property should be considered under the Grandfather Clause at this
time and also in the future.
If I can be of further assistance please don't hesitate to contact me at
471-6525. Thanks for your cooperation in this matter.
Sincerely,
,". !'.
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