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Home My WebLink About2005-04-11 Regular Meeting and Workshop Meeting of the La Porte City Council A MINUTES 01< REGULAR MEETING AND WORKSHUP MEETING OF THE LA PORTE CITY COUNCIL April 11, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 7:30 p.m. Members of City Council Present: Mayor Alton Porter, Councilmembers Chuck Engelken, Tommy Moser, Barry Beasley, Mike Clausen, Mike Mosteit, Louis Rigby, Howard Ebow Members of Council Absent: Peter Griffiths Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Fire Chief Mike Boaze, Police Chief Richard Reff, City Secretary Martha Gillett, Public Works Director Steve Gillett, Municipal Court Clerk Aimee Bird, Director of Planning Wayne Sabo, Parks and Recreation Director Stephen Barr, EMS Chief Ray Nolen, Building Official Debbie Wilmore, Main Street Coordinator Debra Dye, Police Lieutenant Steve Deardorff, Police Officer Kelly Green, Lieutenant Carl Crisp, Acting Fire Marshal Phil Creamer. Others Present: Reverend Danny Wayman, Wayne Hammond, Dottie Kaminski, Colleen Hicks, Kim Lindquist, Mr. Lindquist, Garrett Lindquist, Sue Gale Mock Kooken, Zarahi Venegas, Janet Communings, Jim Cummings, Vicki Campise, Mr. And Mrs. Scott, April Crone, Don Wilmore, Colleen Hicks, Carol Christian of the Houston Chronicle and other citizens and students. 2. Reverend Danny Wayman of United Methodist Church of La Porte delivered the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENT A nONS / PROCLAMA nONS A. Mayor Porter recognized Building Official Debbie Wilmore as "Manager of the Year for 2004". Debbie was accompanied by Planning Director Wayne Sabo and her husband Don Wilmore. B. Mayor Porter presented a proclamation in honor of "National Autism Awareness Month" to Mrs. Lindquist, President of ASA- Texas Gulf Coast Chapter. Mrs. Lindquist was accompanied by her husband Mr. Lindquist and son Garrett Lindquist. C. Mayor Porter presented a proclamation in honor of "National Public Safety-Telecommunications Week". Joined by Mayor in recognizing the staff were EMS Chief Ray Nolen, Police Chief Richard Reff and Fire Chief Mike Boaze. Staff recognitions included Rusty Shepherd, Charlene Fox, Tammy Adams, David Guyer, Deanna Helenburg, Debra Kilpatrick, Stephanie Lewis, Wanda Richards, Ethel Ridgeway, Shawntell Robertson and April Trevino. D. Mayor Porter presented a proclamation in honor of "Main Street Committee Day". Members ofthe Main Street Advisory Board present included Lawrence McNeil, Michaelyn Dunaway, Clare Zaborowski, Vicki Campise, April Crone, and Gerald Metcalf. E. Mayor Porter presented a proclamation in honor of "National Youth Service Day". Crystal Scott joined Mayor in recognizing Youth Advisory Council members. F. Mayor, Council and Staff received a report from the Youth Advisory Council on the sth Annual Y AC Summit. City Council Regular and Workshop l\'J.t:ding - April 11, 2005 Page 2 Youth Advisory Council President Laura Low made the presentation. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting, Public Hearing and Workshop Meeting held on March 28, 2005 and Special Called Meetings held on April 4, 2005. B. Council to direct Staff to approach the Planning and Zoning Commission for a SCUP for off-site parking if Council is interested in leasing city owned land to Dr. Patel for such use. C. Council to consider approval of the FT A Program contract with the Department of Public Safety (OMNIBASE) to assist the Municipal Court with collections of outstanding fees, fines, and warrants. D. Council to consider approval or other action regarding a resolution supporting the 2005-1006 CDBG Grant for Neighborhood Center Inc. Motion was made by Councilmember Engelken to approve the agenda as presented. Second by Tommy Moser. Motion carried Ayes: Mosteit, Engelken, Ebow, Clausen, Rigby, Moser, Beasley and Mayor Porter. Nays: None Abstain: Councilmember Ebow abstained on Item A. Councilmember Beasley abstained on Item D. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Bill Scott was not present to speak. There were no other citizens wishing to address City Council. 7. Council to consider approval of a Resolution opposing HB 1882 or any legislation that increases the maximum transport hauled over Texas highways and urging other Texas cities to oppose this legislation. Mayor Porter presented summary and recommendation and answered Council's questions. City Manager Debra Feazelle noted we will be working with Exel and others on this Issue prior to the next legislative session. Assistant City Attorney Clark Askins read: RESOLUTION 2005-07 - A RESOLUTION OPPOSING HB 1882 OR ANY LEGISLATION THAT INCREASES THE MAXIMUM TRANSPORT HAULED OVER TEXAS HIGHWAYS AND URGING OTHER TEXAS CITIES TO OPPOSE THIS LEGIS LA TION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Mosteit to approve Resolution 2005-07 as presented by Mayor Porter. Second by Councilmember Ebow. Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow and Rigby Nays: None Abstain: None 8. Council to consider approval of proposed ordinances establishing the Fire Code Review Board that will establish Article V the Fire Code Review Board in Chapter 38 of the City of La Porte's Code of Ordinances. Interim Fire Marshal Philip Creamer presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2005-2821 - AN ORDINANCE REPEALING SECTION 105 - SECTION 105.3.3 OF THE STANDARD FIRE PREVENTION CODE - 1994 EDITION City Council Regular and Workshop l\'lt:eting - April 11, 2005 Page 3 ENACTED BY ORDINANCE 98-2221 AND AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "FIRE PREVENTION AND PROTECTION; BY ADDING "ARTICLE V. FIRE CODE REVIEW BOARD", SECTIONS 38-200 TO 38-212; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE THEREOF Motion was made by Counci1member Rigby to approye Ordinance 2005-2821 as presented by Mr. Creamer. Second by Counci1member Mosteit. Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Ebow, Rigby and Porter Nays: None Abstain: None 9. Council to consider approval of an ordinance authorizing the City Manager to execute an agreement with Huitt- Zollars to perform Program Management services for the Policy Facility Project at a cost not to exceed $161,000.00. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2005-2822 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HUITT-ZOLLARS, INC. TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR THE NEW POLICE FACILITY, APPROPRIATING THE SUM NOT TO EXCEED $161, 000.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counci1member Engelken to approve Ordinance 2005-2822 as presented by Mr. Creamer. Second by Counci1member Clausen. Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Ebow, Rigby and Porter Nays: None Abstain: None 10. Council considered an ordinance approving and adopting the budget for the City of La Porte, Texas for the period of October 1,2004 through September 30,2005. City Manager provided summary and recommendation and answered Council's questions. ASSIST ANT CITY ATTORNEY CLARK ASKINS READ: ORDINANCE 2004-2762-E - AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2004 THROUGH SEPTEMBER 30,2005; FINDING THAT ALL THINGS REQUISITE AND NECESSARA Y HAVE BEEN DONE IN PREP ARA TION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Barry Beasley to approve the ordinance as presented. Second by Counci1member Chuck Engelken. Motion carried. Ayes: Mayor Porter, Beasley, Mosteit, Engelken, Ebow, Moser, Rigby and Clausen. 11. City Manager Debra Feazelle provided Mayor, Council and Staff with a report of the Legislative Update. City Council Regular and Workshop l\'l~eting - April 11, 2005 Page 4 The following legislative bills were discussed: Federal bills: CDBG Funding Save Ellington Field State bills: HB 1882 Weight hauling limits General Land Office related Bills HB2345/SB 1501 - Indigent Health Care SB3 - Water Surcharge HB 150 - Civil Service Commissioners Reappointment Battleship Texas funding Revenue Caps - HB 1006 Appraisal Caps - HJR35 Council directed staff to issue letters of support on all bills except HJR3 5. No position at this time.. 12. Close Regular Meeting and Open Workshop at 9:12 p.m. A. Director of Public Works Steve Gillett discussed renewal ofBFI contract. Council directed staff to start the bid process. Mr. Gillett informed Council he would be bringing forward a future item to Council for them to approve or deny BFI's request to have the option to extend their existing contract for an additional three years. B. Director of Public Works Steve Gillett discussed plastic garbage bag options. Staff was directed to find the funds to cover expenses for the next bag handout in August. Future bids will be assessed and a decision will be made at that time on how many bags will be provided in the future. Council noted if we reduce the number of bags citizens receive, they wanted to start the notification process as soon as possible. 13. Closed Workshop and reconvened Regular Meeting at 9:54p.m. 14. Administrative Reports City Manager Debra Feazelle reminded Council of the Partners in Education Breakfast on April 12, 2005, the "Neighborhood" 2005 Gala on April 14, 2005, the Fire Department Appreciation Banquet on April 14, 2005, the San Jacinto Day Re-enactment on April 23, 2005, the Sylvan Beach Day and Parade April 30, 2005, Early Voting being held at City Hall in the Council Chambers beginning April 20, 2005 and ending on May 3, 2005 from 8:00 a.m. - 5:00 p.m. and Saturday April 23, 2005 at City Hall Council Chambers from 8:00 a.m. - 5:00 p.m., Election Day, Saturday May 7, 2005, City of La Porte Employee Picnic May 14,2005 at the Wave Pool, and the Memorial Day Holiday May 30, 2005. 15. Council Comments Mosteit, Clausen, Rigby, Moser, Beasley, Ebow, Engelken, and Porter had comments. 16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING City Council Regular and Workshop l\-1<:eting - April 11, 2005 Page 5 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 NEGOTIA TIONS) 551.087 - (POTENTIAL LITIGATION) - MEET WITH CITY MANAGER AND CITY ATTORNEY ON POTENTIAL LITIGATION 551.074 - (PERSONNEL MATTER) - CITY MANAGER'S EVALUATION AND JUDGE MITRANO'S EVALUATION Council retired to Executive Session at 1 0:06 p.rn. and the Regular Meeting reconvened at 10:40 p.m. 17. There was no action taken during Executive Session. 18. There being no further business to come before Council, the Regular Meeting, and Workshop was duly adjourned at 10:41 p.m. Respectfully submitted, l:ftl~~~. Martha Gillett, TRMC City Secretary Passed and approved on this 25th day of April 2005 ~t~~ Mayor Alton E.Porter A REQ~~ST FOR CITY COUNCIL AL~NDA ITEM Agenda Date Requested: April 25, 2005 l4.. ,0 . Appropriation Requested By' A lfrprl Ourpm: Source of Funds: DepartmeqY. InformatioB T@clmology Report: Ii Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Approximately three years ago BEACON was formed to provide the City of La Porte, LPISD, and surrounding municipalities with internet access. Within the last year due to decreased funding, the board decided to dissolve BEACON. As a result of this action, Mr. Jack Christiana ofERF Wireless has offered to enter into an agreement with the City, School District, and surrounding municipalities to provide continuous internet services at no cost through 2009;however, we will have to maintain the cost of the equipment. ~ ~ji()AW)wi/( ~j ~&~~~ Approved for City Council Agenda if~d-tJ ~ 05 Date B MEETING HANDOUTS ARTICLE III. DISTRICTS* Page 19 of20 (d) Storage and fencing restrictions. (1) No open storage of materials shall be allowed in the BI district except vehicles and road maintenance equipment. No open sales lots or salvage yards shall be allowed. (2) No fences other than those designed to serve as screening or decorative fences are permitted in the BI district. Sees. 106-545--106-560. Reserved. Subdivision III. LI Light Industrial District Sec. 106-561. Purpose. The purpose of the LI light industrial district is to provide for the establishment of warehousing and light industrial development. Sec. 106-562. Permitted, accessory, and special conditional uses. Refer to Table A, industrial, section 106-521. Sec. 106-563. Density/intensity regulations. Refer to Table B, industrial, section 106-522. Sec. 106-564. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Sees. 106-565--106-580. Reserved. Subdivision IV. HI Heavy Industrial District *~~~ Sec. 106-581. Purpose. The purpose of the HI heavy industrial district is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or commercial use. Sec. 106-582. Permitted, accessory and special conditional uses. Refer to Table A, industrial, section 106-521. http://library5.municode.com/gateway.dll/tx/texas/9158/9327/9330?f=templates$fn=document - frame.htm... 4/23/2005 Chapter 4 0) ...............................................................................................Land llse Individual land development proposals should be considered for approval at the scale of neighborhood, sub-area, and development project planning, which are to be considered in subsequent zoning and rezoning actions by the City. These decisions should be based upon consideration of the established policies and conformance with the La Porte 2020 Land Use Plan. The Future Land Use Plan is not a zoning map, nor should it be used as such. The detailed pattern and location of land uses on a parcel-specific basis cannot be accurately predicted for 25 years into the future. Small area land use decisions should appropriately be made at the scale of neighborhood, sub-area, and development project planning, which are to be considered in subsequent zoning and rezoning actions by the City. These decisions should be based upon consideration of the La Porte 2020 Land Use Plan and should be consistent with the generalized land uses shown in the plan. The La Porte 2020 Land Use Plan was developed based upon the following policy considerations: General Land Use Guidelines ?? There should be a balance of residential, commercial, and industrial land uses to support a desirable quality of life and adequate employment opportunities. ?? Potential land use impacts should be considered (noise, odor, pollution, excessive light, traffic, etc.). ?? Environmentally sensitive areas should be protected, including wildlife habitat areas and topographically constrained areas within the floodplain. ?? Neighboring land uses should not detract from the enjoyment or value of properties. ?? Transportation access and circulation should be provided for uses that generate large numbers of trips. ?? Floodplain areas should not be encroached upon by future development unless there is compliance with stringent floodplain management practices. ?? Compatibility with existing uses should be maintained. ?? Airport land use compatibility requires that noise sensitive uses and height obstructions be avoided in the airport environs. Residential Land Uses ?? Should be close to schools, parks, and other community facilities. ?? Should have good access to local, collector, and arterial streets. j-?? Residential areas should not be adjacent to industrial areas without adequate provisions for impact mitigation. ?? Houses should have direct access to residential streets, but not to collector or arterial streets. ?? Residential and commercial areas may be adjacent to one another if they are separated by a buffer. ?? Neighborhoods should be buffered from primary streets. ?? Houses should not be adjacent to state highways or other major transportation corridors. Commercial Land Use - Office, retail and service activities. ?? Should be clustered throughout the City and convenient to residentill areas. Page 4-12 [a Porte Comprehensive Plan Update - l<lnd ll....................................................................................~;;~I;:r.;...~ ?? Rural Residential - This classification includes single family residences are large lots ranging in size from one acre to five acres or more. ?? Low-Dens ity Residential- This classification includes single family residential use with minimum lot area ranging from 4,500 to 43,560 square feet. Other permitted uses are those in conformance with the Low Density Residential District (R-l). ?? Moderate to High De nsity Residential - The Moderate to High Density Residential classification includes single family attached or detached dwellings, multiple family dwellings, garden apartments, condominiums, and townhouses. The minimum lot area for these uses ranges from 2,000 to 20,000 square feet with maximum lot coverage ranging from 50 to 60 percent. Moderate and High Density Residential uses generally include those specified in the MID-Density Residential District (R-2) and High-Density Residential District (R-3). ?? Commercial - The Commercial classification includes uses that are in conformance with the uses permitted in the Commercial Recreation District (CR), Neighborhood Commercial District (NC), and General Commercial (GC) District. ?? Commercial Industrial - The Commercial Industrial Classification provides for the establishment of industrial development that is compatible with surrounding or abutting residential districts. Uses are limited to administrative, wholesaling, manufacturing, and related compatible uses as defined by the Business Industrial Park (HI) Districts. ?? Industrial - The Industrial Classification provides for the establishment of light and heavy industrial development. Uses are in conformance with the Light Industrial District (LI) and Heavy Industrial District (HI). ?? Public and Institutional - The Public and Institutional classification includes such uses as schools, library, utilities, and government buildings. ?? Parks and Open Space - The Parks and Open Space classification includes existing public parks and recreation areas, open space, natural habitat areas and areas within the flood plain. The land use plan is intended to generally guide future land use decisions, which are typically made simultaneous to other decisions regarding the provision of adequate public facilities and services and infrastructure improvements. Consideration should be given to the following issues prior to making land use decisions: ~ - .t~ ?? -t* ?? ?? ~ ?? ?? ?? ?? .s=haracter of the surrounding and adjacent neighborhoods2-. Existing use of nearby properties, and the extent to which a land use classification would be in .harmony with such existing uses or the anticipated use of the properties; Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; Extent to which the designated use of t~ propet1Y would harm the value of adjacent land uses~ Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; Extent to which the proposed use designation would permit excessive air, water or noise pollution, or other environmental harm on adjacent land use designations; and, The gain, if any, to the public heath, safety, and welfare due to the existence of the land use designation. Page 4-11 La Porte COlllprehensive Plan Update..................................................................... ARTICLE III. DISTRICTS* Page 1 of 1 .~* ';'f- Sec. 106-496. Purpose. The purpose of the GC general commercial district is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the foods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. http://library5.municode.com/gateway.dll/tx/texas/9158/9327/9330?f=templates$fn=document- frame.htm... 4/24/2005 - - DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES* *Note: See the editor's note to div. 8. Sec 106-261. Generallv. The general public, the planning and zoning commission and the board of adjustment are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city council in achieving this goal by advising the city council of their recommendations thereon. As necessary, the city council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the citv. (1) COI?forming use does not change to nOl1co/?forming use {l(l((jacent property suhsequent~v changes zoning class{ficatioll. A use that conforms to the zoning regulations on the effective date of this zoning ordinance at the time of initial development of the site shall not subsequently be deemed a nonconforming use solely because the use changes on an adjoining property. (2) Accessory use qlstructure. No structure that is accessory to a principal nonconforming use or a nonconforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. (Ord. No. 150 I-Z-I, 9 5(exh. D), 2-9-98) Sec. 106-262. Nonconforming structures (a) fjmitation on regulatioll. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this chapter. (b) Continuance (~lnOnCOlrrorming structures. Subject to all limitations herein set forth, any nonconfom1ing structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262 (g) of thi s chapter. (c) Accidental damage to structure. If a building occupied by nonconforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this chapter. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its value, as determined by a licensed appraiser, the enforcing officer of the city may issue a permit for reconstruction. If greater than 50 percent and less than total, the board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the bui lding. (d) Obsole.'icence (~lstructure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under the codes and ordinances of the city, and the cost of placing such structure in lawful compliance with the applicable ordinances exceeds 50 percent of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the enforcing officer detem1ines that such structure is obsolete or substandard. The enforcement officer of the city shall notify the owner of such nonconfonning structure, as shown on the certified tax rolls of the city, as to the date of termination of the right to operate and maintain such nonconforming structure, and as to the procedure to be followed to bring such structure into compliance with this chapter, or other codes and lttp://library5.municode.com/gateway .dll/tx/texas/9160/9329/9331 '7f=templates$fn=document-frame.htm... 4/11/200:" ARTICLE II. ADMINISTRATION* Page 2 of 6 ordinances of the city. The burden of proof in showing that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure rests upon the owner of such structure. (e) Determination of replacement cost. In determining the replacement cost of any nonconforming structure, the cost of land or any factors other than the nonconforming structure itself, shall not be included. (f) Repairs and alterations. Repairs and alterations may be made to a nonconforming building or structure; provided, that no external alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. (g) Enlargement to nonconforming structure. A structure that is nonconforming may be altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustment determines (pursuant to section 106-191) that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located. (1) Submission of schedule to eliminate nonconformity. The applicant shall present to the board of adjustment a schedule for elimination or substantial reduction of the nonconformity over a reasonable period of time not to exceed 20 years, or setting forth the reasons why such action is not reasonably possible. (2) Approval of schedule by board of adjustment. The board of adjustment shall review and make any revisions found necessary to ensure that priority is given to elimination or reduction of those nonconformities that have significant adverse impacts on surrounding properties, and which can reasonably be ameliorated taking into account the effect of the configuration of the lot and the location of existing structures and the cost of eliminating or substantially reducing such nonconformities. (h) Abandonment of nonconforming use or nonconforming structure. (1) A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume. (2) A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonconforming structure, when abandoned, shall not resume. (3) When it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by certified mail to the owner (as shown on the certified tax rolls) of the abandoned nonconforming use or structure. The owner or his representative seeking to maintain such nonconforming use or structure may appeal the enforcement officer's decision to the board of adjustment. The property owner or his representative seeking to maintain the existing nonconforming structure shall have the burden of proving to the board of adjustment in such appeal that the structure or use has not been abandoned for a period of 180 consecutive calendar days, and that the owner or his representative did not intend to abandon the nonconforming structure or use during said 180-day period. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) Sec. 106-263. Nonconforming uses. (a) Continuance of nonconforming uses subject to this chapter. Subject to the provisions of this chapter relating to extended useful life of nonconforming uses, any nonconforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the nonconforming use on the effective date of this ordinance, provided that such land area or floor area shall not be increased, except that such limitation shall not apply for farming uses. (b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the planning director, subject to appeal as provided in this division. A nonconforming use or http://library5.municode.com/gateway.dll/tx/texas/9160/9329/9331?f=templates$fn=document-frame.htm. .. 4/11/2005 ARTICLE II. ADMINISTRA TION* Page 3 of 6 -- structure so changed shall not thereafter be returned to a nonconforming use or structure. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) Sec. 106-264. Notification of nonconforming status. Owners and occupants of property subject to extended useful life and/or termination of nonconforming status pursuant to this division shall be notified of such status by the planning director of the city. The planning director shall mail written notice, prior to or concurrently with the notice of public hearing pursuant to section 106-266, to all persons having an interest in property (as shown by the tax rolls of the city) where the property is located and to the occupant of each nonconforming use in the city by regular and by certified mail, return receipt requested. The notice shall state that the use is subject to a determination of its extended useful life and termination requirements and shall specify the procedures for obtaining an exemption from the extended useful life and termination requirements of sections 106-265 and 106-266. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) Sec. 106-265. Application for exemption from extended useful life requirement. (a) Application requirements. An owner or qualified occupant of a nonconforming use or structure may seek an exemption from the extended useful life and termination requirements of section 106-266. The grounds upon which such an exemption may be sought shall be either: (i) that the nonconforming use or structure has no adverse impact upon allowed land uses in the district in which it is located; or (ii) that the nonconforming use or structure can be made compatible with such surrounding uses upon compliance with specified conditions. Such owner or qualified occupant shall submit an application to the planning director, on a form provided by the planning director, no less than ten working days prior to the date scheduled for the public hearing being conducted pursuant to section 106-266. (b) Board review and decision. The board of adjustment shall hold the public hearing pursuant to section 106-266, following the procedures for hearings before the zoning board of adjustment established in the zoning ordinance; and shall consider the application for an exemption from the extended useful life and termination requirements of section 106-266. The owner or qualified occupant shall have the burden of proving the grounds for the exemption sought. Upon conclusion of the hearing, if the board of adjustment finds that the use of the property has no material adverse impact upon the land uses permitted in the district in which it is located or can be made reasonably compatible with such uses through the imposition of specified conditions, it shall exempt the nonconforming use from the extended useful life and termination requirements of section 106-266, and impose such conditions as it finds necessary to ensure reasonable compatibility with surrounding properties and uses, including, but not limited to: (i) required improvement of (or modifications to) existing improvements on the property; or (ii) limitations on hours or nature of operations; and (iii) a specified term of years for which the exemption shall be granted. If the board of adjustment does not authorize an exemption from the extended useful life and termination requirements of section 106-266, it shall after considering applicable law, information presented at the hearing and other factors deemed relevant by it, establish an extended useful life period for the nonconforming use in accordance with section 106-266. (c) Appeal. Any person aggrieved by the decision of the board of adjustment or a taxpayer or an officer, department, board or bureau of the city, may appeal the decision in accordance with Y.T.c.A., Local Government Code ~ 211.011. Unless properly appealed within ten days of the date the decision is filed in the board of adjustment's office, the decision of the board of adjustment is final and incontestable. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) Sec. 106-266. Extended useful life and termination. (a) Extended useful life of specific nonconforming uses. Nonconforming uses shall be terminated at the end of an extended useful life period established by the board of adjustment in accordance with this section. The extended useful life period to be established shall not be less than five years, nor more than 20 years from the effective date of the order of the board of adjustment, unless the Board determines on the basis of expert appraisal testimony that a greater extended useful life period is necessary to enable the property owner to http://library5.municode.com/gateway.dll/txItexas/9160/9329/9331?f=templates$fn=document-frame.htm.. . 4/11/2005 ARTICLE II. ADMINlSTRA TION* Page 4 of6 - recoup the current remaining useful investment in the property made prior to the date of the order of the board of adjustment establishing the extended useful life period. The board of adjustment shall hold a public hearing, as required by subsection (b) below, to establish an extended useful life period or to consider an application by the nonconforming user for exemption from the extended useful life and termination requirements set forth in this section 106-266. If the board of adjustment grants an exemption, the use shall be known as an "exempted nonconforming use." If the board of adjustment does not grant an exemption, it shall establish an extended useful life period subsequent to the hearing procedure established in subsection (b). If an application for exemption from extended useful life is not submitted, the board of adjustment shall establish an extended useful life period pursuant to subsection (c). (b) Public hearing. (1) The board of adjustment shall hold a public hearing to establish an extended useful life for each nonconforming use subject to notification pursuant to section 106-264, or to consider an application for an exemption from the extended useful life and termination requirements of this section as allowed in section 106- 265 and this section, but subject to the following notification requirements: fa. Written notice of the time and place of a public hearing, by certified mail, return receipt requested and .. postage prepaid, to the owner and occupant of the nonconforming use at least 30 days prior to the date of such ! public hearing; b. Publication at least 30 days prior to the date of public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c. Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to section 106-89, of the lot line of the land subject to the ~ application, inclusive of streets, alleys and rights-of-way, and to civic associations registered with the planning 1\ director, whose boundaries are wholly or partly within said 200 foot area. (2) Upon notification of the time and place of the public hearing, the owner or occupant of the nonconforming use to be subject to the extended useful life requirements of this ordinance may apply to the planning director for an exemption from extended useful life and termination pursuant to section 106-265 and include written information and documentation supporting a claim for an exemption from any extended useful life period. In the event the board of adjustment does not grant the exemption applied for, it shall establish an extended useful life period based on (i) applicable law, (ii) evidence submitted with the application, (iii) evidence presented at the hearing and (iv) other factors consistent with the purpose of this zoning ordinance to allow the owner to recoup the current remaining useful investment in the use made prior to the effective date of the order of the board of adjustment establishing the extended useful life period, specifically including but not limited to the testimony of experts in the field of property appraisal. The owner's or applicant's failure to submit evidence to support an extended useful life period shall be considered a waiver by the owner or applicant of any right to contest at the board of adjustment the length of any extended useful life period that the board of adjustment establishes. (c) Extended useful life period. In the event the owner or qualified occupant does not apply for exemption from an extended useful life period, the board of adjustment, at the public hearing, shall establish an extended useful life period based on (i) applicable law, (ii) evidence presented at the public hearing and (iii) other factors deemed relevant by the board of adjustment, to allow the owner or qualified applicant to recoup the current remaining useful investment in the use made prior to the effective date of this zoning ordinance, specifically including but not limited to testimony of experts in the field of property appraisal. The extended useful life shall not be for less than five ears nor more than 20 years from the effective date of theusefullife eriod~nless the boar etermmes upon the basis 0 testimony from experts in the field 0 property appraisal presented at the public heanng, that an extenSIOn ot the usetul hte penod IS necessary to enable the property owner to recou e curren remammg use ul investment in the roperty ma e pnor to the date of the order of the oard of adjustment es a IS mg t e exten e use lIfe peno. - --'~--- (d) ~nd oJ extended usefulliJe period. At the end of the extended useful life period established by the board of adjustment for a particular use, the use'shall terminate. .~ (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) "" http://library5.municode.com/gateway.dll/txItexas/9160/9329/9331?f=templates$fn=document-frame.htm ... 4/11/2005 ARTICLE II. ADMINlSTRATION* Page 5 of6 - Sec. 106-267. Revocation of nonconforming use status. Upon the recommendation of the planning director or a motion of the board of adjustment, the board of adjustment shall undertake a review of (i) any nonconforming uses; or (ii) any exempted nonconforming uses established pursuant to section 106-265 or 106-266 and, after a public hearing and investigation as to the particular use in question, may require the revocation of the use status and the extended useful life period or may order the termination of such use. For purposes of this section 106-267, a use described in (i) or (ii) above, shall be herein sometimes referred to as a "revocable use." (1) Initiation of revocation procedure. The board of adjustment shall undertake a review of any revocable use only upon: (i) its own motion, upon a determination that a reasonable probability of one or more grounds for termination under section 106-267(3) exist; or (ii) a report from the planning director recommending revocation of such revocable use, which shall be based upon a determination that a reasonable probability of one or more grounds for termination under 106-267(3) exist for such recommendation. (2) Board notice, review and decision. Upon its own motion, or upon receipt of the planning director's report recommending the revocation of the status of the revocable use, the board of adjustment shall hold a public hearing to consider revocation of a revocable use. Prior to holding such hearing, the board of adjustment shall provide public notice as follows: a. Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to all persons having an interest in the property as shown by the certified tax rolls of the city and to the occupant or occupants of the property containing said revocable use at least 30 days prior to the date of such public hearing; b. Publication at least 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c. Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet as determined pursuant to section 106-89, of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations registered with the planning director, whose boundaries are wholly or party within the 200 foot area. Upon the conclusion of the public hearing, the board of adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the revocable use should be revoked and the use amortized or terminated. In making its determination whether or not to revoke, the board of adjustment shall consider the standards set forth in section 106-267(3), and ifit determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this zoning ordinance, establish an extended useful life period for the owner to recoup the current remaining useful investment in the use made by the owner prior to the time the use became nonconforming, in accordance with the procedures set forth above. The revocable use shall terminate at the end of the extended useful life period or the termination date, as the case may be, as established by the board of adjustment. (3) Requiredfindings and standards in board-determination of revocation. To support a finding and conclusion that revokes the status of a revocable use based on written findings of fact and conclusions, the board of adjustment must find any of the following (i) a violation of any condition imposed by the board of adjustment pursuant to section 1 06-265(b); (ii) that the continuation of the revocable use materially and continuously interferes in an adverse manner with the implementation of the legislative purposes of the zoning district in which the use is located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the revocable use: a. Noise above the maximum permissible limits, as set forth in the zoning ordinance, or in any other city ordinance; b. Traffic generation of more than twice that of the same use or use of a similar nature, based on rates set forth in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual; c. Noxious or annoying emissions of odor, smoke, wastewater, light or other matters; d. Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and as such exacerbate general noise or traffic; e. Lack of substantial compliance with applicable city codes and ordinances; f. Police reports on alleged criminal activity associated with the nonconforming use; or http://library5.municode.com/gateway.dll/tx/texas/9160/9329/9331?f=templates$fn=document-frame.htm. .. 4/11/2005 ARTICLE II. ADMINISTRATION* Page 6 of6 g. Similar factors. (4) Nonconforming uses not subject to revocation of status. Notwithstanding any provisions of this section 106-267 that could be construed to the contrary, a residential use that is nonconforming in the particular district in which such use is located shall not be subject to revocation under this section 106-267. (5) Conditions for continuation. In making a decision not to revoke the status of a revocable use pursuant to section 106-267(3) the board of adjustment may impose conditions on the use that are necessary to accomplish the purposes of this section, including, but not limited to required improvement of, or modifications to, existing improvements on the property or limitations on hours or nature of operations. (6) Appeal. Any person aggrieved by the decision of the board of adjustment, or a taxpayer, or an officer, department, board or bureau of the city may appeal the decision in accordance with Y.T.C.A., Local Government Code ~ 211.011. The decision of the board of adjustment is final and incontestable unless appealed to the district court within ten days after the date the decision is filed in the board of adjustment's office. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) Sec. 106-268. Nonconforming lots of record. (a) Continuance of nonconforming lots of record Subject to all limitations herein set forth, any nonconforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized as provided herein. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. No new use or change in occupancy may be undertaken on nonconforming lots of record, unless said change in use or occupancy is first submitted to the planning director for review. The planning director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this division, taking into account the particular restraints imposed by the degree of nonconformity of said nonconforming lot of record. The directors review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by this division. Decisions of the planning director made pursuant to provisions contained in this section are subject to appeal to the board of adjustment as provided in section 106-89 of this chapter. (b) Discontinuance of nonconforming lots of record Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a nonconforming lot of record that is made conforming shall not thereafter be changed back to a nonconforming lot. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) http://library5.municode.com/gateway.dll/tx/texas/9160/9329/9331?f=templates$fn=document-frame.htm ... 4/11/2005 Company Profile: Chern Coast Inc for Marine Surveyor and Analytical Testing Laboratories Page 1. of 1 'Co ...... ..... '., .... IW~ 9hem............,.......'.. ...........9......r~... .,.1 DC._ ~ '~ ........ . .'.>--'c."'. .' ,_ INC. I- j i I I ,:~ l~ \jj ~ .~ i ~ t :! ~ 'C! . Our Mission . Services . Key Benefits Company Profile Chern Coast, Inc. was founded in 1981. We are currently in our 23rd year of operation. The business began in Galena Park, Texas. By 1987 the company had grown to a size requiring a move to a new facility. The current facility designed and built by Chern Coast is located in laPorte, Texas off of Sens Road. Future plans call for an expansion of our LaPorte offices and laboratory. Main Office: 281-470-8710 or 1-800-683-8703 11820 North "H" Street La Porte, Texas 77571 http://chemcoast.com/html/profile.html 4/2312005 Page I of 1 --- http://chemcoast.comlimage/ office 1.jpg 4/23/2005 Page 1 of 1 - http://chemcoast.comlimage/ office.jpg 4/23/2005 -....---------....----------------- Page 1 of 1 .,t', l.\=t f t i\~g j;)11 ~1;.1 in.:hisO"j,'1f nistrttt ";........'..1(:'(..... ~<A....'-"":""<-. it ."> .\j('~ :"Jt\... _ ."]I,X r.~;<;-"~ "".~X~ ~x.r-~. ~.;._.~ i'."~ .S~ ..;':>\,; - ",,,-, ~"'~~~'k .\j'< .r >:.(.... ~ .-".....~ ~.... ::' x.. . --.... ...... )('l ~f:!C~~O( X 2~V~"'~ <lo\;A'_~ 'X -<:- . x "~S~:>: ~.~.:. 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