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Home My WebLink About05-15-02 La Porte Redevelopment Authority Meeting minutes La Porte Redevelopment Authority City of La Porte, Texas Minutes of the Board Meeting Held May 15,2002 1. CALL TO ORDER. The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, held a meeting, open to the public, on the 15th day of May, 2002, at 6:30 PM in Council Chambers at the City Hall, 604 West Fairmont Parkway, La Porte, Texas 77572-1115 and the roll was called of the duly appointed members of the Board, to-wit: Peggy Antone Paul Larson Alton Porter Horace Leopard Norman S. Cook Lindsey Pfeiffer David Webb Chester Pool John Black Position 1 Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 Chairman and all of the above were present except Directors Pfeiffer, Webb and Black, thus constituting a quorum. Also present at the meeting were John Joems, Cynthia Alexander, Kim H. Young, Melvin Spinks, Doug Kneupper, Melisa Lanclos and David Hawes. Chairman Porter called the meeting to order at 6:35PM. 2. APPROVE MINUTES OF THE AUGUST 1, 2001 MEETING. On a motion duly made by Director Cook and being seconded by Director Leopard the board unanimously approved the minutes of the August 1,2001 meeting. 3. RECEIVE CITY OF LAPORTE TAX INCREMENT REINVESTMENT ZONE #1 REPORT FOR 2001 TAX YEAR. . ACTIVITY REPORT . RECEIVE REPORT ON TAX INCREMENT REVENUES FOR 2001 TAX YEAR Mr. Joems AND Ms Alexander reviewed and responded to questions regarding the revenues collected by the City and the projections for the other taxing units. Director Antone questioned the large delinquency tax rate. Staff indicated that the City was aggressive about its collections and that collections would improve when second notices are sent at the end of May. The report reflected collections as of the end of March. Director Leopard asked Mr. Hawes if the TIRZ receives the benefit of the penalty. Mr. Hawes responded that the City retains the 15% and the TIRZ receives the increment. Mr. Joems then gave a report on the activity within the TIRZ over the past year. 4. REVIEW ANNUAL AUDIT FOR TIRZ FUND FY ENDING SEPTEMBER 31, 2001. Ms. Alexander reviewed the City's financial audit as it pertained to the TIRZ. 5. REVIEW 2001-2002 BUDGET FOR TIRZ FUND Mr. Joems reviewed the TlRZ the status of the TlRZ Fund budget. 6. REVIEW AND CONSIDER AGREEMENT BETWEEN THE CITY OF LAPORTE, REINVESTMENT ZONE NUMBER ONE AND REDEVELOPMENT AUTHORITY FOR REDEVELOPMENT AUTHORITY DUTIES DESCRIBED IN THE TRI-P ARTY AGREEMENT. Mr. Joems the terms of the administrative agreement. Director Antone questioned the need for the 5% over-ride. Mr. Joems explained it was an administrative overhead fee allowed in the Tri-Party Agreement. Upon a motion duly made by Director Pool, and being seconded by Director Larson, the Board unanimously approved the Agreement as presented. 7. REVIEW AND CONSIDER AGREEMENT WITH CIVIL TECH ENGINEERING, INC. TO DEVELOP A TAYLOR BAYOU WATERSHED DRAINAGE PLAN Ai~D CONSIDER RECOMMENDA TION TO LAPORTE CITY COUNCIL. At the last meeting, Mr. Joems distributed to the Board a document entitled "Master Watershed plan for TlRZ #1, Taylor Bayou Watershed. He discussed the contents of this document and a staff report contained in the Board's meeting materials, noting that a plan for drainage and sewer is essential for this area if residential development is to occur. The City requested that the Authority consider assisting with funding needed to do a watershed study that would accommodate development. Mr. Joems responded to Board questions regarding costs of the proposed study and stated that the draft contract would be sent to City Council for consideration at their next meeting. The Board received a report from representatives of Civil Tech Engineering with regard to the approach, process and scope of work with regard to the 1,100 acres. The engineers and staff responded to board questions. Upon a motion duly made by Director Leopard, and being seconded by Director Pool, the Board unanimously approved the Agreement with the word "conceptual" removed. 8. OTHER MATTERS WHICH MAY PROPERLY COME BEFORE THE BOARD. Mr. Joems informed the board of development matters within the TIRZ and Director Antone requested that an item be placed on the next meeting agenda with regard to zoning. No other matters were brought before the Board. 11. ADJOURNMENT. tha..ifrnl.L() AmsT~~cJ1/7CJ&- Name: rfl~ (!Sa. L.fl n( /1)$ , Title:Sl-a.-f.r ~5(Ll1poY+ t!.-LP Sp {l /e'..ft.2/lj BY: Name: Title: 2 AGENDA ITEM 3: REVIEW CONSIDER APPROVAL OF FY 02-03 BUDGET Section H, Item 3 of the Tax Increment Reinvestment Zone Guidelines (Ordinance 99-2328) states the Zone budget must be submitted annually to the City Finance Department for approval. A copy of the Zone's Annual Audit must be forwarded to the City Secretary after Board approval. The attached budget is the same budget that has been presented to City Council within their draft annual budget. The effective date of the budget is October 1,2002. DRAFT City of La Porte Tax Increment Reinvestment Zone One (039) Fund Summary Working Capital 9/30/01 115,593 Plus Estimated 01-02 Revenues 32,847 Less 01-02 Expenditures and Commitments Watershed Study. wJfwt. Miscellaneous ~U~tl u~ Fees Miscellaneous Supplies, Materials Educational Fund 49,670 25,000 10,000 5,000 9,670 Equals Estimated Working Capital 9/30/01 98,770 Plus 02-03 Revenues: Property Taxes Interest Income 20,000 ~ 3,490 23,490 Equals Total Resources 122,260 Less 02-03 Expenditures and Commitments Miscellaneous Consulting Fees Operations Miscellaneous Supplies, Materials Educational Fund Total Expenditures 10,000 5,000 5,000 10500 30500 Equals Estimated Working Capital 9/30/03 91,760 AGENDA ITEM 4: ELECTION OF OFFICERS Since last year's meeting (August 1,2001) when officers were elected, the City Council changed their calendar for appointments to Boards and Commissions. Previously, City Council considered their appointments in May/June. This year Council decided to amend their process and consider their appointments in August. This delay certainly affects the position of Chairman, which is appointed by the Mayor. The TIRZ Board and the La Porte Redevelopment Authority elects the other positions. The Board may wish to delay the election of officers until Council makes their appointments. The following is a list of board members and officers for the Redevelopment Authority and the TIRZ: Peggy Antone Paul Larson Alton Porter Horace Leopard Norman S. Cook Lindsey Pfeiffer David Webb If';(.S'A Chester Pool John Black Position 1 Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 Treasurer/Secretary Chairperson/President Vice Chairperson/Vice President AGENDA ITEM 5: AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TIRZ #1 AND THE LA PORTE REDEVELOPMENT AUTHORITY Section D-5 of the Zone Guidelines provides that the City Council by ordinance may authorize the Board to provide for the management and administration of a Public Improvement District created within the Zone, as provided in such district's service plan required by law. The Tri- Party Agreement also provides for the management of a PID by the Redevelopment Authority. Board Member Peggy Antone requested a discussion on Public Improvement Districts (PID's) to insure the understanding of how a PID operates and what application/benefit a PID may have within the Zone. The Tri-Party Agreement defines a PID as a Public Improvement District(s) established by the City within the Zone and for which the City and Zone contract with the Authority to provide the assistance described in this Agreement. Essentially, the TIRZ/Redevelopment Authority could recommend the creation of a PID within boundaries of the TIRZ. The Authority would collect a special levy (in addition to taxes) from property owners within the PID. These funds are used to fund special projects within the PID. A PID could be used in a situation where the Board did not feel a project did not meet guidelines or where a special feature benefited a specific area or group of owners. For example, developers of the proposed Rail-Served Warehouses could request creation of a PID to fund or assist in funding the rail yard which would serve a specific group of owners that would pay a PID assessment to offset development costs. - AGENDA ITEM 6: REVIEW OF LAND USE COMPONENT OF THE ZONE PROJECT PLAN CONSIDER RECOMMENDATIONS TO LA PORTE PLANNING AND ZONING COMMISSION The TIRZ Guidelines adopted by City of La Porte (Ordinance99-2328) states in Section D-l, the City's current Land Use Regulations and Zoning Ordinance shall apply to all development within the Zone. Currently, the City's Planning and Zoning Commission is reviewing the City's Land Use and Zoning Maps. On June 20, 2002, I appeared before the Planning and Zoning Commission on behalf of Chairman Alton Porter and requested that while reviewing the City's Zoning and Land Use Maps, Planning and Zoning Commission consider resolving potential conflicts that may exist between the goals and objectives of the TIRZ and the City's Land Use/Zoning Map. The Zone's Project Plan and its Revenue Projections were based largely on assumptions that property on the east side of State Highway 146 would be developed primarily for residential purposes and the property west of State Highway 146 would be developed primarily for light industrial and mixed commercial uses. The Zone's Land Use Plan is attached. I believe the Zone Project Plan could be enhanced by making recommendations to the Planning and Zoning Commission regarding potential land uses. Attached for your review and information are: . Map 3 - Current Land Use . Portion of Zoning Map as of August 9, 2002 . Portion of Land Use Map as of August 9, 2002 At the meeting we will discuss recommendations the Board may wish to forward to the Planning and Zoning Commission. ,.: _ oc ~ III =00000 D - . R8 ~D I I 00000000 DDD-=ODD== I~ ~~ _ UlDDDD ~ -=EErH:EB B3 BD ~llrr\~.,9aQ , _ --, ~~ _ _rnrnrnD rn illD ~~ .~\)\) N,T,S, D II II nDD DD DDD ODD ~0 ~ \\\)0\\ II II II v E iT M \Ir T. ">,\\)Q~~u v~~ II IbDD D ~DDDDJDODD~\~CQ ~~~ D~88DD:DDDODD'OD~ = ~ a ~ 7 tTIrn DDuiB~83EHJ~ Q~~5) ~ FiF[IJffitF ornrnoo:: ~Q~~ ~ , I '=DD[JJ[I] Drn[]][]]~~ ~ DDDDDU DDDDJDOD o 0 1DDDODDOD ~ - 1 U A R ON . ~ TI " -l. o ::i ro 15 ~ <( ~ o w (J) o a.. ~ a.. I I {1 - . I J. II II ~ ~ 1'\. ~ .~ . Boy rarest Golf CoIl '-'" -. ~ I 0 SINGlE FAMILY RESIDENTIAl Ia MULTI-FAMILY RESIDENTIAl . COMMERCIAL RETAIL & OffiCE . INDUSTRIAl r<<Wt Golf ~ . PUBLIC AND INSTITUTIONAl III PARKS AND OPEN SPACE . VACANT OR UNDEVELOPED o RIGHTS-OF-WAY AND EASEMENTS ... _ RIGHTS-OF-WAY AND OR TlRZ BOUNDARY #1 c R~. ~:r.:r~ MAP 3 U r I ~~ ~ ~fT . ~ ~~, CURRENT LAND USE - AUGUST 9, 1999 ;.;;, /" ~/l ~ - I.TS. II PUBLIC USES [--1 LOW DENSITY RESIDENTIAL USES II MID TO HIGH DENSITY RESIDENTIAL USES II COMMERCIAL USES II COMMERCIAL INDUSTRIAL USES II INDUSTRIAL USES PORTION OF LAND USE MAP as of 08/09/02 N.T.S, ~ R-i- R-2 - _ R-3. lVll~!!~ M \-I . _GC- _ NC. _ PUD- 81 - _Ll - _1-11- _ LOW DENSl"f'{ RESIDENilAL _MEDIUM DENS1T'< RESIDENilAL .I-IIGI-I DENS1T'< RESIDENilAL . MANUFACTURED I-IOUSING .GENERAL COMMERCIAl _NEIG\-I80RI-IOOD COMMERCIAl _ PLANNED UNIT DEVELOPMEN" .8USINESS INDUSTRIA . LIGHT ltolDUSTRlJ _ \-lEA\/'( 1I'lDUsTRlJ 5 S-A POR~~ ~ot UO/ v9/02 GALVESTON BA'Y AGENDA ITEM 7: REVIEW TAX INCREMENT REINVESTMENT ZONE GUIDELINES Board Member Peggy Antone requested information and discussion on the City's Zoning Regulations and (Section D; I & 2) Powers of the Zone allowing additional land use controls. Section D: 1. The City's current Land Use Regulations and Zoning Ordinance shall apply to all development within the zone. 2. However, the City may authorize by ordinance the enforcement of additional land use controls authorized by statute subject to the following: a. Subject to the approval of the City Council, the board of the Zone may adopt additional powers granted by the provisions of state law found in Chapter 211, Local Government Code necessary to implement the Zone Project Plan and Reinvestment Zone Financing Plan. Attachments: . Excerpts from Code of Ordinances/Zoning Regulations o Residential Requirements - pages CD 106: 47-52 o Commercial Requirements - pages CD 1 06: 59-63 o Industrial Requirements - pages CD 106: 67-72 o Planned Unit Developments - pages CD 1 06: 73-81 To assist in understanding Planned Unit Developments, you may wish to read two short paragraphs 106-636 and 106-656. . Excerpts from TIRZ Guidelines, Section D; 1 and 2. ZONING ~ 106-333 0.0 !:: -- !::.::i ~ ~ ~ ~ ~ ~ ~ ~ ~ :::l ~:::l ~ ~ !:: .... l::l E: I:::l .... ~ ~ ~ ~ (.0 (.0 (.0 ~ ~ -- .....s l.;.... 1;] ;:s 0\ t'< ~ ~ t'< t'< ~ ~ ~ .::i ~ g- o 0 0 0 0 10 0 0 ~ 8~~~ "" 0") (.0 (.0 10 t- (.0 (.0 ~ .... -- !:: ~ ~ 1:1:; .s .s .s .s ;:s !:: I:::l . 0 0 ~ 0 0 0 .~ ~~~ d~ .s~ d~ d~ ~* ~* 0 ~* ~ ~ ....:a 0* Z C'l .... ~ ~ s:: 0 0 0 0 ~ ~ ~:::l rx.. rx.. rx.. rx.. 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P. .~ ..., 0 00 "t:l C 00 e Q) Q) ~ ..., Q ,.c:: ro .~ ~ ~ 1l ~ 15 ~ Q) ~ 1 gs ..co~s ~ ..c a.) 0 ...c: ro c.I...c: oo"Cr:lQ) Q) Q):;:: & 3 t.g 'fi1 ~ 't S o Q) J,j.... Z S fIl 0 ~ 15 J,j .~ Q~ Q .s C1l ro ..., Q) ~ ~ .~ C1l "t:l C ro ...., Q) ~ ~ .El ...., C Q) Q) ~ ...., Q) ..0 - ro c:: o ..... ..., :e "0 ro I-; ..s I-; Q) .... p. CIl {3 00 :s ..... o ~ c:: o 'fi1 ..... ;> :e ;>^ Q) c:l .~ ..., I-; ro Q) Q) rn a5 ci .-i ~ 106-334 LA PORTE CODE 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 ofthe development. The proposed development is to be compatible with the existing and planned use ofthe 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. (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. CD106:50 ZONING ~ 106-334 (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. (g) Density bonus. 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: CD106:51 ~ 106-334 LA PORTE CODE Bonus Feature (1) Major outdoor recreational facilities such as swimming pools, tennis courts or similar facilities requiring a substantial investment. Square Foot Reduction Per Unit 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). (Ord. No. 1501-X, ~ 5, 12-16-96) Cross reference-Construction or expansion plans for mobile home parks requirements, ~ 98-91. Sees. 106-335-106-350. Reserved. Subdivision II. R-l Low Density Residential District Sec. 106-351. Purpose. (a) The R-llow density residential district is the most restrictive district. (b) The principal use of land in this district is for low density, single-family detached dwellings and related recreational, religious and educational facilities normally required to provide the elements of a balanced, orderly, convenient and attractive residential area. The following regulations shall apply to all R-l districts. CDI06:52 ! ZONING ~ 106-443 Uses (SIC Code #) Zones CR NC GC 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.) See. 106-442. Interpretation and enforcement. Property uses, except as provided for by section 106-441, Table A, are prohibited and constitute a violation of this chapter. See. 106-443. Table B, commercial area requirements. (a) Table B, commercial area requirements. Uses R-3 uses (permitted) 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 ser- vices Outside storage Freestanding on-prem- ises signs Freestanding on-prem- ises signs located in con- trolled access highway corridors Minimum Landscaping Required 5 Minimum Yard Setbacks F.R.S. 1, 3, 4, 6, 7 Adjacent to Residential Minimum Yard Setback F.R.S. 2,6 Maximum Height (feet) Maximum Lot Coverage 6% Density Intensity Regulations Specified in Table B, residential area requirements, section 106-333 6% 50% 20-10-0 20-10-10 45 6% 40% 20-10-0 20-20-10 45 N/A N/A 5-5-5 Same as N/A principle use N/A N/A 20-10-5 Same as See section principal 106-444(b) use See article VII of this chapter See article VII of this chapter CDI06:59 ~ 106-443 LA PORTE CODE (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. 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. COrd. No. 150l-X, ~ 5, 12-16-96) Sec. 106-444. Special use performance standards. (a) Required screening. (1) Planting strip. A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet of the required screen. (2) Standards. a. Width of planting strip: Four feet. b. Type of planting: Evergreen. c. Size of plants: Minimal height offour feet at time of planting. Must reach a height of six feet within two years. d. Planting density: Such that within two years of normal growth, a solid screen will be formed to a height of at least six feet above adjacent grade. e. Required landscaping: Required landscaping must be maintained by the property owner and/or occupant. (3) Screening. 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) Screening as landscaping. Required screening will count toward the required percent- age of landscaping. CD106:60 ZONING ~ 106-444 (b) Outdoor storage. Open and outdoor storage as an accessory or principal use provided that: (1) The area is screened from view of neighboring residential uses or an abutting residential district in compliance with section 106-444(a). (2) Storage is screened from view from the public right-of-way in compliance with section 106-444(a). (3) Storage area is grassed or surfaced to control dust. (4) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with section 106-52l(c), footnote A. (c) Outdoor sales/service. Open or outdoor service, sale and rental as a principal or an accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: (1) Accessory outside service, sales and equipment rental connected with a principal use is limited to 30 percent of the gross floor area of the principal use. (2) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with section 106-444(a). (3) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with section 106-521(c), footnote A. (4) A landscape buffer shall be maintained between all outdoor sales and service areas and adjacent public rights-of-way. Landscape buffers shall be designed in accordance with the requirements of section 106-444(g). (d) 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 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 director of community development. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public right-of-ways. Ingress lanes shall be from the least heavily travelled street wherever possible. (e) Off-site parking. (1) Any off-site parking which is used to meet the requirements of this chapter shall be required to meet the following conditions: a. Such off-site parking shall comply with all parking standards stated in this chapter. b. Reasonable access from off-site parking facilities to the use served shall be provided. CD106:61 ~ 106-444 LA PORTE CODE c. Such off-site parking shall be within 300 feet of the use served. (2) Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain the minimum number of required parking spaces or cease operation and use until such time as there is full compliance with the requirements of this chapter. (3) Whenever required parking facilities are on a lot or parcel of land other than the principal building which is to be served, a properly drawn legal instrument, executed by the parties concerned, duly approved as to form and manner of execution by the city attorney, shall be filed with the city secretary. (4) Any use which depends upon off-site parking to meet the requirements of this chapter shall require a certificate of occupancy, renewable annually, as regulated by section 106-142. (f) Joint parking. The city council after receiving a report and recommendation from the planning and zoning commission, may approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the planning and zoning commission shall not recommend that such permit be granted nor the council approve such a permit except when the following conditions are found to exist: (1) Up to 50 percent of the parking facilities required for a theater, bowling alley, dance hall, bar, restaurant or similar use as determined by the planning and zoning commission may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection d of this section. (2) Up to 50 percent of the off-street parking facilities required for any use specified under subsection d of this section as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to all public or parochial schools, churches, bowling alleys, dance halls, theaters, bars, restaurants or similar uses as determined by the planning and zoning commission. (3) Up to 80 percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under subsection d of this section as primary daytime uses as determined by the city planning and zoning commission. (4) For the purpose of this section, the following uses are considered as primary daytime uses: Banks, business offices, retail stores, personal service shops, household equip- ment or furniture shops, clothing, shoe repair or service shops, manufacturing, wholesale and similar uses as determined by the planning and zoning commission. (5) Conditions required for joint use: a. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities. CD106:62 y ZONING ~ 106-478 b. The applicant shall show that there is no substantial conflict in the principle operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed. c. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly authorized as to form and manner of execution by the city attorney, shall be filed and recorded in the county deed records. (g) Landscape buffers. Landscape buffers shall be a mInImUm of four feet in width. Plantings shall consist of trees and low evergreen shrubs. Required landscaping must be maintained by the property owner and/or occupant. Planting plans shall be approved by the planning director or his duly appointed representative. (h) Dog grooming. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. (i) Shipping and transport. These facilities shall be limited to office activities only. No warehousing or handling of freight shall take place at these facilities. No trucks, other than light trucks, as defmed by this chapter, shall be allowed on premises occupied by these facilities. (Ord. No. 150l-X, ~ 5, 12-16-96) Sees. 106-445-106-460. Reserved. Subdivision II. CR Commercial Recreation District Sees. 106-461-106-475. Reserved. Subdivision III. NC Neighborhood Commercial District Sec. 106-476. Purpose. The purpose of the NC neighborhood commercial district is to provide for the establishment of local centers for convenient, limited office retail or service outlines which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. Sec. 106-477. Permitted, accessory, and special conditional uses. Refer to Table A, commercial uses, section 106-441. Sec. 106-478. Density/intensity regulations. Refer to Table B, commercial area requirements, section 106-443. Supp. No.2 CD106:63 Uses (SIC Code #) On-premises freestanding signs Paper and allied products (265-267) Printing and publishing (271-279) Rubber and miscellaneous plastics (301, 302,304,306,307) Stone, clay, glass and concrete (321-325, 3261, 327-329) Tank truck cleaning Textile mill, and finished products Light (224, 225, 231-239) Medium (222, 223, 226, 229) Tobacco manufacturers (211-214) Loading berths at the front or sides of buildings adjacent to R.O.W. Industrial PUD (refer to section 106-636) Facilities in excess of height restrictions imposed in section 106-522 Unlisted uses, similar to uses listed above ZONING ~ 106-521 Zones BI LI HI See article VII of this chapter * * P P(ACDE) P(ACDE) P * C P * C P * * P P(ACDE) P(ACDE) * P(ACDE) * P(ACDE) C C C C * * C C p p p C C C C (b) Interpretation and enforcement. Property uses, except as provided for by section 106-521(a), Table A, are prohibited and constitute a violation of this chapter. (c) Footnotes. All permitted uses in industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source oflights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination oflights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination oflights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. Supp. No.4 CD106:67 S 106-521 LA PORTE CODE B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. Dust or other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F. Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band Frequency Maximum Sound Levels - Decibels H Residential District Boundary Cycles per Second Lot Line 20 to 75 75 to 150 150 to 300 300 to 600 600 to 1,200 1,200 to 2,400 2,400 to 4,800 Above 4,800 Impact noise 78 74 68 61 55 49 43 41 80 63 59 55 51 45 38 31 25 55 Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels beyond residential district boundaries (both Column II and Impact) shall be six decibels less than shown above. In distances where it is determined that a proposed land use may generate a level of noise that will impact on surrounding land uses, the planning and zoning commission Supp. No.4 CD106:68 ZONING ~ 106-522 and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping and site planning techniques. (Ord. No. 1501U, ~ A(art. B), 9-23-96; Ord. No. 1501-AA, ~ 6, 3-23-98; Ord. No. 1501-BB, ~ 5, 9-15-98; Ord. No. 1501-11, ~ 5, 3-27-00) Cross reference-Sexually oriented businesses, ~ 90-31 et seq. Sec. 106-522. Table B, industrial area requirements. (a) Table B, industrial area requirements. Minimum Yard 4Minimum Maximum Setbacks Landscaping Lot FR.S. Requirements Coverage 1,3,5 Uses (percent) (percent) (feet) BI business-industrial park; 6 50 50-40-30 all permitted or conditional LI light industrial district; 6 70 20-10-10 all permitted or conditional HI heavy industrial district; 6 30 50-50-30 all permitted or conditional Loading docks N/A N/A 130-130-130 Outside storage N/A N/A 20-10-5 Shipping containers On- and off-premises free- standing signs N/A 6 50.50.30 See article VII of this chapter Adjacent to Residential Minimum Yard Setback FR.S. 2,5 Maximum Height (feet) (feet) 50-40-30 45 30-50-50 45 100-150-150 456 Same as principal use plus 130 ft. N/A Same as principal use Section 106- 444(b) 100-150-150 367,8 Freestanding on-premises signs located in controlled ac- cess highway corridors (b) Footnotes. 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. Required landscaping must be maintained by the property owner and/or occupant. 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. See article VII of this chapter Supp. No.4 CDI06:69 S 106-522 LA PORTE CODE 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of-way, or rail service spurs. 4. See article V, division 4 of this chapter for additional requirements. 5. No sign shall be located in a required sight triangle in such a manner as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 6. Height restrictions may be modified as a conditional use, provided that no modification of height restrictions may occur adjacent to property zoned residential or commercial. Provided further that no modification shall be permitted if said modification would pose a danger to life or property. 7. Shipping containers are permitted to be stacked up to four containers in height. 8. Shipping containers will be stacked in a 'pyramid' appearance along the front of the site. The initial row shall not exceed two containers in height, with each successive interior row gaining one container in height to a maximum of four containers in height. For the sides beyond the front area, the 'pyramid' appearance shall not be required. COrd. No. 1501-X, S 5, 12-16-96; Ord. No. 1501-BB, S 6, 9-15-98; Ord. No. 1501-II, S 6, 3-27-00) Sec. 106-523. Special use performance standards. (a) 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 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 traffic movements, and shall be subject to the approval of the director of community development. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public rights-of-way. Ingress lanes shall be from the least heavily travelled street wherever possible. (b) Drainage. On request, a drainage plan for the proposed development shall be submitted to the director of community development for review and approval. (c) Compatibility with surrounding area. The appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The proposed development shall be compatible with existing and planned use of the area and conflicts shall not be created between the proposed use and existing and intended future uses of the surrounding area. (d) Required licenses obtained. All necessary governmental permits and licenses shall be secured with evidence of such placed on record with the city. (e) Availability and adequacy of public services. Public services including but not limited to sewer, water, gas, police and fire protection are available at an adequate level and capable to service the proposed land use. The planning and zoning commission and the city council may Supp. No.4 CDI06:70 ZONING ~ 106-523 impose any necessary conditions or restrictions upon the proposed land use to insure that an overloading of city system does not occur and that inordinate demand on public services does not jeopardize or limit existing and protected public services demands. (D Loading berths. Loading berths located on the front or at the side of buildings on a corner lot shall be required to meet the following conditions: (1) Loading berths shall not conflict with pedestrian movement. (2) Loading berths shall not obstruct the view of the public right-of-way from off-street parking access. (3) Loading berths shall comply with all other requirements of this chapter. (g) Location of adult oriented businesses. (1) A person commits an offense if he operates or causes to operate an adult oriented business within 1,000 feet of any of the following, whether located within or outside the corporate limits of the city: a. A boundary of a residential district; b. The property line of a lot devoted to a residential use; c. A church; Supp. No.4 CD106:70.1 ZONING ~ 106-544 d. A school; e. A day care or kindergarten; or f. A public park or playground. (2) For the purposes of subsection (g)(1) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure used as part of the premises where an adult oriented business is conducted, to the nearest property line of the premises of a church, school, day care or kindergarten, or to the nearest boundary of an affected public park or playground, residential district, or lot devoted to a residential use. (3) A person commits an offense if he or she operates or establishes, or causes or permits another to operate or establish an adult oriented business which is located within 1,000 feet of another adult oriented business. The distance between two adult oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located. (4) A person commits an offense if he causes or permits the operation, establishment, or maintenance or more then one adult oriented business in the same building, structure, or portion thereof. (Ord. No. 1501-U, ~ A (art. B), 9-23-96) Cross reference-Sexually oriented businesses, ~ 90-31 et seq. Sees. 106-524-106-540. Reserved. Subdivision II. BI Business Industrial Park District Sec. 106-541. Purpose. The purpose of the business/industrial park district is to provide for the establishment of industrial development that is compatible with surrounding or abutting residential districts and to encourage high level performance standards. Development in the business/industrial park district is limited to administrative, wholesaling, manufacturing and related compatible uses, with suitable open spaces, landscaping and parking areas. Sec. 106-542. Permitted, accessory and special conditional uses. Refer to Table A, industrial, section 106-521. Sec. 106-543. Density/intensity regulations. Refer to Table B, industrial, section 106-522. Sec. 106-544. Special regulations and procedures. (a) Refer to articles IV, V, VI and VII of this chapter. CD106:71 S 106-544 LA PORTE CODE (b) Building permit requirements. (1) No development of a'ny lot or combination of lots in the BI district shall be commenced and no building permits will be issued therefor until all of the requirements have been met. (2) A complete certified site plan prepared by a state registered engineer or surveyor and building plans and specifications shall be submitted. The registered engineer or surveyor shall certify that the plans were prepared specifically for the subject site. The certified site plan shall include location of buildings, driveways, driveway intersections with streets, parking areas, loading areas, sidewalks, curbs, and screening as required by this chapter. (3) Site grading plans shall be submitted indicating existing and proposed grades and provisions for surface drainage. (4) Proposed design, location, size and lighting of all signs, if any, shall be submitted. (5) Detailed landscaping plans shall be prepared and submitted. (6) The applicant shall submit any additional plans and specifications requested by the city to ascertain compliance with this chapter. (c) Off-street parking and loading areas. (1) No parking spaces or aisles serving parking spaces shall be less than 40 feet from any residential district boundary line nor less than ten feet from the building or lot line. (2) No loading zone shall be constructed at the front of any building or side if adjacent to public R.O.w. (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 lndustriat 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. CDI06:72 ZONING ~ 106-636 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 N. 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. Sec. 106-583. Density/intensity regulations. Refer to Table B, industrial, section 106-522. Sec. 106-584. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Sees. 106-585-106-620. Reserved. ARTICLE IV: PLANNED UNIT DEVELOPMENTS DIVISION 1. GENERALLY Sees. 106-621-106-635. Reserved. DIVISION 2. ADMINISTRATION Sec. 106-636. Planned unit development procedures. The planned unit development procedures are intended to be used in two ways. First, for any development in a district that meets all the use requirements (for example, multifamily residential in a R-3 zone) that may not be able to meet the minimum lot area or setback criteria because of the type of neighborhood the developer envisions; or second, to regulate the second phase of submission in the planned unit development zone. (Refer to section 106-656 et seq.) CD106:73 ~ 106-637 LA PORTE CODE Sec. 106-637. Procedures for establishing a planned unit development and subse- quent review. (a) An application for a conditional use permit shall be filed and processed based upon procedures established by sections 106-216 through 106-218. (b) A.. application for a major development site plan, minor development site plan, or preliminary plat shall be filed and processed simultaneously with the conditional use permit and shall be subject to the requirements of the city development ordinance number 1444 on file in the city secretary's office. (c) Submittal and filing of the major or minor development site plan or preliminary plat shall be in accordance with the requirements of the development ordinance number 1444 on file in the city secretary's office and shall contain (in addition to the requirements of the development ordinance number 1444 on file in the city secretary's office) the following information: (1) The entire outline, overall dimensions and area of the tract described in the applica- tion. (2) The use, zoning and ownership of all adjacent properties within 100 feet of the tract boundaries including the location of all structures thereon and the right-of-way widths of all adjacent public roadways. (3) The existing and proposed topography of the tract with contour intervals not greater than one foot. (4) The location, general exterior dimensions and approximate gross floor areas of all proposed buildings, or where appropriate, examples of housing units to be built on lots. (5) The type of each use proposed to occupy each building and the approximate amount of building floor area devoted to each separate use, if appropriate. (6) The proposed location, arrangement and number of automobile parking stalls, or appropriate examples for each housing type. (7) The proposed location, arrangement and general dimensions of all truck loading facilities, if appropriate. (8) The location and dimensions of all vehicular entrances, exits and driveways and their relationship to all existing or proposed district or development examples for each housing type. (9) The location and dimensions of all walls, fences, and plantings designed to screen the proposed district or development from adjacent uses. (10) The general drainage system. (11) Standards for exterior signs, architectural style, landscape concepts, and other variables which will be controlled in the design of buildings in the development area. (12) Proposed exterior architectural elevations illustrating the basic design elements and material appearances. CD106:74 ZONING ~ 106-637 (d) The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. In addition, the developer or subdivider must submit a general plan in accordance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. The general plan shall be submitted prior to the submission of a development site plan or preliminary plat, as the case may be. The development schedule shall indicate the approximate starting date and the approximate completion date of the complete development plan. (e) A draft of all proposed deed restrictions, assessments, and covenants shall be filed clearly delineating responsibility for maintenance and control of public and private property, and common areas. (D Review and evaluation criteria. The city planning and zoning commission shall review and recommend to the city council who shall evaluate and decide based on the following criteria: (1) Adequate property control is provided to protect the individual owners' rights and property values and the public responsibility for maintenance and upkeep. (2) The interior circulation plan plus access from and onto public right-of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public. (3) A sufficient amount of usable open space is provided, in general conformance with the open space requirements outlined for each particular use classification in this chapter. (4) That the arrangement of buildings, structures and accessory uses does not unreason- ably disturb the privacy or property values of the surrounding residential uses. (5) Acoustical controls for interior areas and facilities are at minimum in compliance with the current standards of the Building Code of the city. (6) The architectural design of the project is compatible with the surrounding area. (7) The drainage and utility system plans are submitted to the director and the final drainage and utility plans shall be subject to his approval. (8) The development schedule ensures a logical development of the site which will protect the public interest and conserve the land. (9) The development is in compliance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. (0) Dwelling unit and accessory use requirements are in general compliance with the district provisions in which the development is planned. (11) The provisions of sections 106-216 through 106-218 are considered and satisfactorily met. (g) Final planned unit development plan. The approved general plan, major development site plan, minor development site plan, or preliminary plat, together with all conditions, covenants, deed restrictions, dedications, controls, and conditional use permits that are part thereof, shall be known as the final planned unit development plan and shall become a part of the official file of the city. CD106:75 ~ 106-637 LA PORTE CODE (h) Notwithstanding anything else in this chapter to the contrary, no building permit, nor a development authorization (as said terms are defined in the development ordinance number 1444 on file in the city secretary's office) shall be issued until all required general plans, development site plans, preliminary plats, or conditional use permits have been approved by the appropriate approving authorities, as said authorities are defined in the development ordinance number 1444 on file in the city secretary's office and this chapter. Sees. 106-638-106-655. Reserved. DIVISION 3. DISTRICT REGULATIONS Sec. 106-656. Purpose and intent. The purpose of this district is to provide for the grouping ofland parcels for development as an integrated coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities through conditional use provisions. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses. Sec. 106-657. Permitted, accessory and special conditional uses. All uses permitted in the residential, commercial, and industrial districts. Sec. 106-658. Density/intensity regulations. Based on conditions established under this section and those established under section 106-636, planned unit development procedures. Sec. 106-659. Special regulations and procedures. (a) Procedure for establishing or developing a planned unit development district develop- ment. (1) An application for a conditional use permit shall be filed and processed based upon procedures established by sections 106-216 through 106-218. (2) An application for a general plan shall be filed and processed simultaneously with the conditional use permit and shall be subject to the requirements of this chapter and the city development ordinance number 1444 on file in the city secretary's office. - CD106:76 ZONING ~ 106-659 (3) Submittal and filing of the general plan shall be according to the development ordinance number 1444 on file in the city secretary's office and shall contain, in addition to the requirements ofthe development ordinance number 1444 on file in the city secretary's office, the following information: General area wide development plan (general outline of the site and surrounding area). a. Uses. b. Zoning. c. Streets. d. Grade or topography. e. Density. f. Utilities and drainage. (4) The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the approximate starting date and the completion date of the complete development plan. (5) A written description shall be submitted documenting the type of property control that will be utilized to administer, control and maintain any common open space or areas. (b) Review and evaluation criteria. The city planning and zoning commission shall review and recommend to the city council who shall evaluate and decide based on the following criteria: (1) Adequate property control is proposed to protect the individual owners; rights and property values, and the public responsibility for maintenance and upkeep. (2) The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public. (3) A sufficient amount of useable open space is provided. (4) The arrangement of uses does not unreasonably disturb the privacy or property val ues of the surrounding residential uses. (5) The preliminary drainage and utility system plans are adequate based on a report from the director and the final drainage and utility plans shall be subject to his approval. (6) The development schedule ensures a logical development of the site which will protect the public interest and conserve the land. (7) The development is in compliance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. CD106:77 ~ 106-659 LA PORTE CODE (8) Dwelling unit requirements are in general compliance with the applicable district provisions. (9) The provisions of sections 106-216 through 106-218, conditional use procedures, are considered satisfactorily met. (10) The development is in conformance with the comprehensive plan. (c) Termination. In the event submission or detailed major or minor development site plans, or preliminary plats has not occurred within 12 months of the last approval, then the conditional use permit will become null and void. The applicant may, within the first 12 months, however, request an extension for one additional year, and the city planning and zoning commission may grant such extension. (d) Subsequent procedures. (1) Once the general plan and conditional use permit have been approved, the applicant may proceed to apply for specific major or minor development site plans, and preliminary plat approval (as the case may be), subject to the requirements of section 106-636, planned unit development procedures. (2) Each subsequent request for specific major or minor development site plan approval and preliminary plat approval shall be based on the approved general plan. A change in the developer's or subdivider's plans shall require submission and filing of new general plan together with the approval thereof, as required in the city development ordinance number 1444, section 4.01, general plans, which is on file in the city secretary's office. Sees. 106-660-106-675. Reserved. DIVISION 4. REQUIREMENTS Subdivision 1. Generally Sec. 106-676. Property controls. (a) In order that the purpose ofthis section may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter. (b) Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the city. Such filing with the city shall be made prior to the filing of said declaration or documents or plans with the recording officers of the county. CD106:78 ZONING ~ 106-696 (c) Prior to recording in the county deed records, approval of the city shall be secured as to the documents described in subsection 106-676(b). (d) The declaration of covenants, conditions or restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of such declaration. (e) The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. The declaration shall be subject to the review and approval of the city attorney. The intent ofthis requirement is to protect the property values ofthe individual owner through establishing effective private control. Sec. 106-677. Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection. Proposed utility connections shall be subject to approval by the planning director. Sec. 106-678. Building height. Height limitations shall be the same as imposed in the respective districts. Sec. 106-679. Roadways. Private roadways within the project shall have an improved surface to 24 feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building. No portion of this required 24-foot road system may be used in calculating required off-street parking space or be used for parking. Sees. 106-680-106-695. Reserved. Subdivision II. Specific Development Requirements Sec. 106-696. General residential. (a) Purpose. It is the intent of this subdivision to establish provisions for the granting of a conditional use permit for planned unit development - general residential projects which are in compliance with the permitted and conditional uses allowed in a specific district including dwellings, and institutional uses of one or more buildings in relation to an overall design, and integrated physical plan in accordance with the provisions and procedures as prescribed in this chapter. CD106:79 ~ 106-696 LA PORTE CODE (b) Minimum project size. The tract of land for which a planned unit development-general residential project is proposed and permit requested shall contain not less than five acres of land. (c) Required frontage. The tract ofland for which a project is proposed and permit requested shall not have less than 200 feet of frontage on a public right-of-way. (d) Yards. (1) The front, rear and side yard restrictions at the periphery of the planned unit development site, at a minimum, shall be the same as imposed in the respective districts. (2) No building shall be nearer than its building height to the rear or side property line when such line abuts an R-l or R-2 use district. (3) No building shall be located less than 15 feet from the back of the curbline along those roadways which are part of the internal street pattern. (4) No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings. Sec. 106-697. Townhouses, cooperative, condominiums, multiple-family structures requirements. (a) No single townhouse structure shall contain more than 12 dwelling units. (b) Minimum unit lot frontage for townhouses shall be not less than 20 feet. (c) Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned. (d) Townhouses, cooperatives and condominiums may be subdivided on an individual unit basis according to the provisions of the city developmEmt ordinance number 1444 which is on file in the city secretary's office, or under the laws of the state. Sec. 106-698. Density bonus. Ai; a consequence of a planned unit development's planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased up to ten percent. The building, parking and similar requirements for these bonus units shall be observed in compliance with this chapter. Sec. 106-699. Commercial and industrial. (a) Purpose. The intent of this section is to establish provisions for the granting of a conditional use permit to erect planned unit development - commercial and industrial projects which are in compliance with the permitted and conditional uses allowed in a specific district in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures in this chapter. CDI06:80 ZONING ~ 106-740 (b) Minimum project size. The tract of land for which a planned unit development - commercial or industrial project is proposed and permit is requested, shall contain not less than five acres for commercial and industrial projects. (c) Frontage. The tract ofland for which a project is proposed and a permit requested shall not have less than 200 feet of frontage on a public right-of-way. (d) Yard. No building shall be nearer than 50 feet to the side or rear property line when such line abuts an R-1, R-2, R-3 or MH use district. (e) Landscaping, screening and surfacing. (1) The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage. (2) A drainage system subject to the approval of the planning director shall be installed. (3) Developments abutting an R-1, R-2, R-3 or MH district shall be screened and landscaped in compliance with required screening and landscaping for the specific use involved as required in Table B, section 106-443, and Table B, section 106-552. (4) Required landscaping must be maintained by the property owner and/or occupant. (Ord. No. 1501-X, ~ 5, 12-16-96) See. 106-700. General implementation provisions. (a) Compliance with the final development plan and changes. (1) The development of the planned unit development shall be in compliance with the final development plan. (2) Differences between the actual development and proposed development shown in the final development plan not permitted under the foregoing provisions of this section, will be permitted only if the final development plan is changed with the approval of the city council. Proposed changes shall be reviewed by the planning and zoning commis- sion and recommendations forwarded to the council. (b) Building permits. Applications for building permits shall be reviewed and approved by the building inspector after considering action and conditions imposed by the city council. Such applications shall be examined to determine if they are in compliance with this chapter and the final development plan. (c) Zoning permit. A zoning permit shall be secured in compliance with section 106-142. Sees. 106-701-106-720. Reserved. ARTICLE \T. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sees. 106-721-106-740. Reserved. CD106:81 3. provide adequate infrastructure improvements to serve the Zone, including but not limited to streets, water and waste water facilities, and drainage structures, designed and constructed according to City standards; and 4. provide relocation assistance for low/moderate persons resident in the Zone who may be displaced by the implementation of the project plan (as defined by 311.002(2) of the Tax Code), and as such persons are defined . by. the U.S. Departmentof,Housing and .Urban Development--~.'3"-c."....,'C-"....,...,,-,. C. Procedures for Creating a Reinvestment Zone 1. Before adopting an ordinance providing for a Reinvestment Zone, these actions must occur, in the following sequence: a. City Council must schedule a public hearing to allow public comment on the proposed Zone. Notice of this hearing must be published in a newspaper having general circulation in the City at least seven (7) days prior to the hearing. b. At least sixty (60) days before the scheduled public hearing, City Council must notify in writing the other taxing jurisdictions that levy real property taxes in the Zone that it intends on establishing a Zone. This notice must contain: 1. a description of the proposed boundaries of the Zone; 2. tentative plans for development or redevelopment of the zone; 3. an estimate of the general impact of the proposed Zone on property values and tax revenues. c. A Preliminary Financing Plan must be prepared and sent to the other affected taxing jurisdictions. 0, Powers of the Zone 1. The City's current land Use Regulations and Zoning Ordinance shall apply to all development within the Zone. 2, However, the City may authorize by ordinance the enforcement of additional land use controls authorized by statute subject to the following: a. Subject to the approval of the City Council, the board of the Zone may adopt additional powers granted by the provisions of state law found in Chapter 211, local Government Code necessary to implement the Zone Project Plan and Reinvestment Zone Financing Plan. 4 Revised 5/12/99 b. Any additional land use component shall include a description of the proposed land use regulations, a description of the economic and financial need for each land use regulation and a description of the effect of the comprehensive plan on the economic integrity of the Zone Project Plan and Reinvestment Zone Financing Plan. The land use component shall be reviewed annually by the Zone's board to ensure that both the public and private investment in the .Zooe.areprotected,.cand. ifadditional.restrictions ..are required, may approve amendments and changes for City Council review and approval. c. The Land Use Plan may impose maximum height, minimum square footage on new construction, maximum lot coverage and other restrictions to provide for sufficient private investment in the Zone's development or redevelopment to support Zone bonds, notes or obligations. d. Any additional land use controls shall be operative for at least the life of the Zone, and the Board may, with City Council approval, provide that a restriction adopted by the Board continues in effect after the termination of the Zone. If the land use controls continue after the termination of the Zone, such restrictions shall be treated as if adopted by the City in the first instance. /~ e. The Board shall contract with the City for the purpose of enforcement of any additional land use controls authorized for use in the Zone. f. Essentially, the City's Zoning Ordinance establishes the process for identifying and terminating nonconforming uses. Lawful nonconforming uses in Zones may be terminated as follows: 1. when the use ceases or is abandoned; or 2. when the primary structure has been demolished or when rehabilitation in excess of 50% of the assessed value of the improvement at the time of Zone creation is completed; or 3. when a sufficient period of time has elapsed to allow the recovery of the owner or owners investment in the nonconforming use or uses g. Nonconforming business uses may not be altered or expanded in any residential area in the Zone (e.g. no additional new employees, outside storage or parking may be created). 5 Revised 5/12/99