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Home My WebLink About08-07-1996 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission• u MINUTES PLANNING & ZONING COMMISSION MEETING AUGUST 7, 1996 Members Present: Chairman Betty Waters, Commission Members Chuck Engelken, Eugene Edmonds, Dottie Kaminski, Melton Wolters Members Absent: Howard Ebow, Michael Meredith Cif Staff Present: Director of Planning Guy Rankin, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting was called to order by Chairman Waters at 6:02 PM. II. APPROVE MINUTES OF THE MAY 16, 1996, MEETING Prior to a motion to approve the minutes, Planning Secretary Peggy Lee noted that a correction should be made to Paragraph 2 of Item V and should read; Staff mailed meeting notices to twenty adjacent property owners. One reply was returned in favor of the request and four were returned opposed to the request. No notices were returned undeliverable. A motion was made by Eugene Edmonds to approve the minutes of the May 16, 1996, meeting with the noted corrections. The motion was seconded by Melton Wolters. All were in favor and the motion passed. Chairman Waters abstained from the vote. III. APPROVE MINUTES OF THE JULY 18, 1996, MEETING A motion was made by Melton Wolters to approve the minutes of the July 18, 1996, meeting. The motion was seconded by Dottie Kaminski. All were in favor and the motion passed. IV. OPEN PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS REGARDING SEXUALLY ORIENTED BUSINESSES Chairman Waters opened the Public Hearing at 6:05 PM. Mr. Rankin read from several sections of the proposed ordinance. Mr. Armstrong added that for purposes of the ordinance, "Residential District" will be defined as Low Density Residential (R-1), Mid-Density Residential (R-2), High Density Residential (R-3) and Manufactured Housing (MH). • . Page 2 of 3 Planning & Zoning Commission Minutes of August 7, 1996 A. PROPONENTS There were none. B. OPPONENTS Bruce Coplen, who resides at 14814 Larana Drive, Houston, Texas, and whose professional address is 5847 San Felipe, Ste. 2440, Houston, Texas, spoke as a representative from the law firm of Leger &Coplen. Mr. Coplen was asked by several of his clients in the La Porte area to address concerns they have regarding the ordinance. The areas of concern are: 1. Page 4, Definition of Adult Cabaret, Subsection (B) Definition is too broad and generalizing. The concern is from an enforcement perspective. Performances such as lingerie shows, bikini contests, etc. could be subject to abuse by enforcement personnel. Definition targets a specific group, while excluding similar activities that occur at the neighborhood pools and/or public beaches. 2. Page 5, Definition of Nudity or a State of Nudity, Subsection (B) Definition is vague and subjects enforcement personnel to determine what "opaquely cover" means. 3. Page 6, Definition of Semi-Nude Definition is vague and should be more specific. 4. Page 7, Section 5, Location of Adult Oriented Businesses 1. Fails to provide grandfathering for existing businesses. 2. Fails to provide grandfathering for existing adult oriented businesses in the event that a new business would move in and take priority over the existing business. 3. Definitions too broad. Possible abuse of situation from an enforcement perspective. V. CLOSE PUBLIC HEARING. Chairman Waters closed the Public Hearing at 6:28 PM. • . Page 3 of 3 Planning & Zoning Commission Minutes of August 7, 1996 VI. CONSIDER RECONIbIENDATION TO CITY COUNCIL REGARDING SEXUALLY ORIENTED BUSINESSES. A motion was made by Melton Wolters to recommend to Council, approval of Ordinance 1501-U; addressing Adult Oriented Businesses and that the findings of fact were made on the basis of the report assembled by staff. The motion was seconded by Chuck Engelken. All were in favor and the motion passed. VII. STAFF REPORTS The Commission and staff, with the exception of Mr. Armstrong, left together to drive around the City looking at existing non-conforming uses. VIII. ADJOURN Chairman Waters declared the meeting duly adjourned. Respectfully submitted, Peggy Planning Department Secretary Approved on this the 17th day of October, 1996. Be T. aters Planning and Zoning Commission Chairman • • Wood on the Bay Townhomes Section 2, Replat • Staff Report Replat Request October 17, 1996 Woods on the Bay Townhomes, Section 2, Replat Requested For: 3.679 Acres, W.P. Harris Survey, A-30, Harris Co., Texas Requested By: F & I, Inc., Developer Location: 2601 Old Hwy. 146, La Porte, Texas Zoning: High Density Residential, (R-3) Background Blocks 10 and 14 are the only two (2) blocks that will not be affected by the proposed replat. The lots in these blocks currently have dwellings located on them. As you can see by Exhibit A, the proposed replat adds or enlarges some lots by reducing the size of others. The applicants desire to build both patio and townhomes on the remaining lots. In Block 11, the replat would change the original three (3) lots to five (5) lots. In Block 12, the replat would change the original four (4) lots to five (5) lots. In Block 13, the replat would reduce the widths of Lot 1 and Lot 3, increasing the depth and width of Lot 2. In Block 15, the replat would change the original five (5) lots to only four (4) lots. In Block 16, the replat would change the original six (6) lots to only four (4) lots. The proposed changes will not include any change to existing utility easements or deed restrictions for the subdivision. The developer has obtained approval from all of the fourteen existing property owners. • , Analysis: Under the terms of Section 4.07 of Development Ordinance 1444, a replat of all or a portion of a subdivision may be released for recordation and deemed valid and controlling when the following conditions have been satisfied: A. The plat has been signed and acknowledged by only the owners of the particulaz property which is being replatted or resubdivided. • The replat document has been properly prepazed for signature by the owners of the property in question. B. The replat does not attempt to alter, amend, or remove any subdivision covenants or restrictions. • The replat will in no way impact or violate the deed restrictions currently adopted for Woods On The Bay, Section 2, nor will the replat abrogate any restrictions noted on the original Woods On The Bay, Section 2 plat document. C. There is compliance with Sections 212.014 and 212.015 of the V.T.C.A. Local Government Codes. • These aze the sections of State Law dealing with platting and replatting. The provisions relevant to this request require that for the previous five yeazs, zoning designation and deed restrictions limiting development to no more than two dwellings per lot have been in place. The City's R-1, Low Density Residential designations, which have been in place for well over five years, satisfies this requirement. As noted in the preceding section of this report, deed restrictions satisfy this requirement and are not at issue. D. The replat has been approved by the Commission after being prepazed and filed as though it were an original plat as specified in Section 4.04 of the Development Ordinance. • There aze some items in need of addition or correction, however, the form or content of the plat document could be approved by the Commission, subject to the items shown on the Development Ordinance Checklist (Exhibit B). E. All expenses incurred by the City or the subdivider in the replat process shall be borne by the subdivider, including the costs for • notice of the public hearing. • The costs of public hearing have been tabulated and will be paid by the applicants prior to the replat being released for recordation. The cost of notice for this hearing totals $43.38. A payment by the applicant, of money in lieu of park land dedication, will not be applicable since the total number of lots in the subdivision remains unchanged. Conclusion: Staff finds the requested replat of Woods On The Bay Townhomes, Section 2, Subdivision, with the changes referenced in Exhibit C, satisfies applicable provisions of State Law and City Ordinance. 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N, i ~ I k ~ ~.,~ I i "~ °~ I I ~ I i~I ~ - ~ I~I "~ I I ~ In• w• I ~ i ~ ~~L_ I .oars- ~ I I i ~ II I~~ ~ ~ \\~ I ' ' Ij ~ ~` ~ ~ i It t ~- / / / `~ ,,' ~ i ~ ~' %,r~i li , i~i ~ ' II ~ M 1.' ~~ v Il ~ :- ~~ ~ ~ z i~ , . ~~' ~ -~ III~• I~~~ •1~~ 1Ci ill f~• ~I ~ ~I fi ~~• ~il~ ~~ ~ KIM I~~ p~ 1~1~ ~I,~~ ;yi ;i r ~~ I ~1 ~ ~ ~I ~i1 i~ `~ ~~~~ ~~ • CITY OF LA PORTS DEVELOPMENT ORDINANCE CHECKLIST FINAL PLATS (APPEiVDiX D) Development Name: woods on the Bay Townhomes, S. 2 Type of Development: Residential Subdivision Location: 2601 Oid Hwy. 146 Date of Commission Review: October L7, 1996 EXHIBIT B • • CITY OF LA PORTE DEVELOPMENT ORDINANCE CHECKLIST FINAL PLATS (APPENDIX D) FINAL PLATS MUST CONTAIN ALL ELEMENTS OF THE APPROVED PRELIMINARY PLAT PLUS THE FOLLOWING: GRAPHIC CONTENTS: SHOWN ~L ~ 1J(A 1. Name of owner (if a company or ( %) ( ) ( ) corporation, list name and tide of authorized representative). 2. Name of registered engineer or surveyor ( %) ( ) ( ) who prepared Final Piat. 3. Legal boundary description of subdivision, ( %) ( ) ( ) consisting of a metes and bounds description of each line between each boundary point. This description may be in written or tabular form. 4. Legal and special statements, where ( ) ( ) ( ) appropriate: a. Owners' Acknowledgement ( ) See ( ) ( ) (Enclosure 1) Note 1 b. Lienhoiders' Subordination ( %) ( ) ( ) Agreement (Enclosure 2) c. Plat Accuracy Certificate ( % j ( ) ( ) (See Appendix F) d. Final Survey Certificate ( %) ( ) ( ) (See Append'a F) e. Approving Authority Certificate ( %) ( ) ( ) (Enclosure 3) f. Amending Plat Certificate ( ) ( ) (%) (Enclosure 4) g. Vacation of Subdivision Plat ( ) ( ) (%) (Enclosure 5) h. Harris County Clerk Filing ( ) (%) ( ) Statement (Enclosure 6) i. Return A1ap Agreement ( %) ( ) ( ) (Enclosure ~ j. Speaai Statements ( ) (%) ( ) (Enclosure 8) EXHIBIT B . ~ • • Development Ordinance Checklist Final Plats (Appendix D) SHOWN Y N N/A DOC UMENTATION: 1. Proposed Streets: Submti complete public (g) ( ) ( ) street construction drawings for approval by the Director of Community Development (See PICM for criteria for street construction documents.) 2. Proposed Util'rt3es: Submti complete public (g .) ( ) ( ) utility construction drawings for approval by the Director (See PICM for criteria for utility construction documents.) 3. Coordinate listing: A complete I'~st of ( ) ( ) (g) coordinates for each point to be marked in the final field survey. Each point on the list is to be assigned a unique number code. A copy of the Fnal Plat, marked with the locations of each number code, is to be submitted as well. 4. Util'fi- Company Letters: Letters from ( ) ( ) (g ~ servicing utility companies approving the easements shown on the plat for their use. 5. Private Easements: A copy of the ( ) ( ) (g . ) instrument(s) establishing private easement(s) within the subdivision. 6. Private Easement Holders Consent: A ( ) ( ) (g ) letter, statement or instrument from the holder of any privatey owned easement or fee strip within the subdivision boundaries approving any crossings of said e~dsting easement or fee strip by proposed streets, utilities, or easements shown on the plat. If adjustment of e~asting util"dies is required, said letter shall specify the nature of the adjustments and the approval of the owner for such adjustment. EXHIBIT B YDevelopment Ordinance Chet Final Plats (Appendix DI 7. Residential Parkland: Receipt for payment in lieu of required dedication of parkland, pursuant to Section 12.05 of the Ordinance or instrument of dedication pursuant to Section 12.10 of the Ordinance. 8. Conditional Aooroval Document: Any documents specified by the City Planning Commission in conditionally approving the Preliminary Plat. • Si-iObVN Y N N/A ( ) ( 1 (g) ( 1 ( ) (g) Comments• Note 1: The majority of enclosure 1 is shown. Any portion missing is stated in F.shibit C of this report. O ~~ Signature: ~ e YY»L Date: 9-30-9Gh EX~~IBIT B • • Woods on the Bay Townhomes, Section 2, Replat Outstanding Items A. Correct north-south distance from 110' to 111' . B. Reference the existing 18' utility easement located south of Block 16. C. Correct owner's name from F & I, Inc. to I & F, Inc. D. Correct any individual owner's names as needed. E. Correct any lienholder information as needed. F. As part of Enclosure 1, add replatting reference to covenants/restrictions [Appendix D, Subdivision Plats (Page 8), City of La Porte Development Ordinance.] G. Add Harris County Clerk Filing Statement (Enclosure 6), [Appendix D, Subdivision Plats (Page 15), City of La Porte Development Ordinance.] H. Add Special Plat statement referring to Flood Hazard Areas, (Enclosure 8), [Appendix D, Subdivision Plats (Page 1~, City of La Porte Development Ordinance.] I. Shade any Flood Hazard Areas as required by Item H above. J. Delete reference that Zone X will be shaded in Notes (#1) since Flood Hazard Areas must be shaded. ~CHIBf~` ~ • • Zone Change Request #R96-004 Staff Report Zone Change Request #R96-004 October 17, 1996 Requested for: A 6.3192 acre tract of land out of a portion of Blocks 1203 and 1204; Town of La Porte, now known as Tract 1K, Johnson Hunter, Abst. 35, and a portion of Tract 37A & 37B, George B. McKinstry, Abst. 47, which is further described as being located in the 1700 Block of South 16th Street, La Porte, Texas. Requested by: Robert C. Boncosky, owner's agent Current Zoning: Planned Unit Development (P.U.D.) Requested Zoning: Heavy Industrial (HI) Background: The P.U.D. zoning designation assigned to the tract in question was assigned in September, 1989, when the City adopted the current City Zoning Map, in conjunction with the new Zoning Ordinance. Ori the west side of South 16th Street, between the street and the railroad tracks, there is currently three (3) zoning designations. (See Exhibit A) Closest to Fairmont Pazkway is a General Commercial (GC) zone and moving south the zoning becomes Light Industrial (LI). The third zoning designation, which includes the tract in question, is PUD. On the east side of South 16th Street, between the street and Hwy. 146 (See Exhibit A) there aze two (2) zoning designations. The property closest to Fairmont Pazkway is zoned GC and the remainder of the property to the south is PUD. A lazge portion of the properties immediately east of Hwy. 146 aze also zoned PUD. Analysis: Zoning Ordinance Section 8-100 states that the purpose of the [PUD zoning] district is to provide for... "development as an integrated coordinated unit as opposed to traditional parcel by pazcel, piecemeal, sporadic and unplanned approach to development. " The PUD zoning assigned to the tract in question was to great extent based on the lazge amount of undeveloped, unsubdivided acreage located in this azea. The PUD development requirements were an effective means to ensure that development of the tract in question would be in accordance with sound planning guidelines. The applicant, Mr. Boncosky, is seeking this rezoning to provide for development of a trucking operation with tank truck cleaning to occur on the property. The tank truck cleaning requires an HI zoning whereas a • trucking operation without tank truck cleaning may be developed in an LI zone. Staff, in reviewing the applicant's request, has found it to be compatible with the City's underlying Land Use Plan, however, we need to be concerned about traditional rezoning to HI as many HI uses would impact heavily on residential land uses. If the Planning and Zoning Commission wishes to consider this request favorably, Staff suggests an Intra-district PUD may be more appropriate. A Special Conditional Use Permit could be granted in the Intra-district PUD, which would allow the trucking operation, as well as the tank truck cleaning operation. Currently, there is a truck operation in the LI zone adjoining the northern boundary of this 6.3192 acre tract. The planning issues to be addressed are as follows: • Drainage: on-site detention would be needed to avoid impact on other areas. • Water and sewer availability. • Platting of the 6.3192 acre tract. • Landscaping. Conclusion: Staff suggests the Planning and Zoning Commission consider approval of an Intra-district PUD with a Special Conditional Use Permit, subject to the following conditions: 1. The property be formally platted as a 6.3192 acre tract. 2. Any development beyond that currently presented will require a separate Special Conditional Use Permit. 3. No changes or amendments shall be made to the recorded General Plan (site plan) and covenants without first obtaining authorization from the City of La Porte. 4. Drainage plans shall be approved by Harris County and the City of La Porte. 5. It should be noted in the Special Conditional Use Permit and in the deed covenants that the use of this property is limited to a trucking operation, which includes tank truck cleaning. C~ • 6. Applicant's submittal of a Special Conditional Use Permit Application. 7. Applicant's submittal and filing of a General Plan (site plan) in accordance with the City's Zoning Ordinance 1501, Sections 8-400 and 10-100. 8. Proposed deed restrictions, assessments, and covenants shall be approved by the City of La Porte and included on the General Plan (site plan) prior to the formal recording of said document. 9. Landscaping shall be located across the front of the property to provide compatibility with proposed neighboring residential land uses. Required landscaping shall be properly maintained in the future. 10. All owners of said property should provide their signatures authorizing the platting of the 6.3192 acre tract and the Intra-district P.U.D. 11. Ask the developer to place any buildings near the front or South 16th Street frontage along with the landscaping referenced in Item #9. The tank cleaning and truck operations would be located in the rear or west side of the property. 12. Ordinance #1352 amended Chapter 25, Article V, S. 25- 84, of the City's Code of Ordinances, to read: Truck terminals shall be located in areas directly adjacent to the right-of--way of a designated truck route. Section 25-81 identifies 16th Street, from Barbours Cut Blvd. south to Fairmont Parkway, as a designated truck route. However, the property described in this report is located south of Fairmont Parkway and is not currently on a designated truck route. Approval of the proposed truck terminal (SIC #4231) should be subject to this portion of 16th Street being approved as a truck route by La Porte City Council. The rezoning would be conditional upon said approval. FAIRMONT PARKWAY 1096 1097 1098 1092 1093 1094 1095 WE 1140 1139 1137 1136 1135 1134 1138 WEST "L" ST. 1141 1142 1143 1144 1145 1146 1147 1176 1175 WEST N" ST. 1177 1178 vi 1700 BLOCK S. 16TH (POWELL RD.) 6.3192 Ac. TRACT OF P.U.D. APPLICANT: ROBERT C. BONCOSKY 0 J W O a. N EXHIBIT A • • Zone Change Request #R96-005 • • Staff Report Zone Change Request #R96-005 October 17, 1996 Requested for: Trs. 17B; 17D; & 17E; Crescent View, which is further described as being located at 2803 Old Hwy. 146 (S. Broadway), La Porte, Texas. Requested by: James H. Robertson, Owner's Agent Current Zoning: High Density Residential (R-3) Requested Zoning: General Commercial (GC) Background: The tract in question has an existing building, which in the past has served as drinking establishments. In September, 1989, the zoning of the property became R-3, which resulted in the building and use becoming considered "pre-existing, non-conforming". The building and the use continued to operate until 1995. In mid-1995, the electricity and water service was discontinued and the building became vacant. In May, 1996, ~ the City received a request for a zoning permit to open a new drinking establishment. Based on the discontinued utilities and the vacancy of the building, the "pre-existing, non-conforming use" expired and the zoning permit was denied. At this time, only a permitted R-3 use would be allowed to operate at this location. Analysis: The applicant, Mr. Robertson, is seeking a rezoning (GC) of the property to re-open anon-conforming use. (See Exhibit A) Staff, in reviewing the applicant's request, has found some merit to the request. The current Land Use Plan does not show the area to be intended for commercial use, however, the City has been consistent with providing a portion of Neighborhood Commercial (NC) or (GC) along major roads within our city limits. Also, the property or individual tract(s) may be too small to allow development of some R-3 uses. The tract in question does not comply with current commercial regulations concerning landscaping, building setbacks and parking, however, some changes to the property could bring the property closer to compliance. Close proximity to the surrounding residential areas should play a role in the final decision concerning zoning. Staff feels a (GC) designation would provide too broad a range of commercial activity and traffic. A (NC) designation would create an opportunity for the current vacant • • commercial property. Neighborhood oriented businesses would aid the existing azea. This zoning change would allow for the current commercial buildings to be rehabilitated and used for a vaziety of services. (SEE EXHIBIT B) Conclusion: Staff suggests that the Planning and Zoning Commission consider approval of Zone Change Request R96-005 to a NC zone based on the following conditions: 1. Landscaping (6%) should be provided at the site and maintained in the future. 2. Existing pazking be changed to a dust free material. 3. New pazking azea be striped to comply with current pazking requirements. 4. Any dumpster shall be located at the reaz of the property and be screened from view. A comprehensive look at existing conditions along Old Hwy. 146 (S. Broadway) should be strongly considered. LEGEND ^ SINGLE-FAMILY DETACHED RESIDENTIAL ® MULTI-FAMILY DETACHED RESIDENTIAL ® COMMERCIAL/OFFICE . ^ INDUSTRIAL ® PUBLIC/INSTITUTIONAL ® PARKS & OPEN SPACE ® UNDEVELOPED ® OPEN WATER ^ OTHERS/PUBLIC R.O.W. -••-••- ••- SECTOR BOUNDARY -~~-~~-~~-~•-~~- ~~-~~- CITY LIMIT ~ ZONING BOUNDARY A PROPOSED NEIGHBORHOOD COMMERCIAL .~ _ ~.~ ?~ ~~ ._.._.~x_.._.._.._..~.._.._.._.._.._... o ~~ ~~ s r ~. ~: ~ • .~, i a ~ ~ .„.,; ;ray .. ~ SOUTH BROADWAY 1. 2803 OLD HWY. 146 (S. BROADWAY) TRS. 178, t 7D. & 17E; CRESCENT VIEW ~ A~ APPLICANT: JAMES H. ROBERTSON f!ITV AC 1 A 1 a m 4 4 J WJ Z a Vf EXHIBIT A • • Section 6 - 400 Table A - Commercial P (ABC) -~ Permitted Uses tsubject to designated criteria established in Section 6-600) P - Permitted Uses A - Accessory Uses (subject to requirements of Section 10-300) C - Conditional Uses (subject to requirements of Section 10-200) and designated criteria established in Section 6-600 * - Not Allowed USES (SIC Code #) ZONE CR NC GC `_ .~» : :.:.:> : } • i i i i i lF i i l./:{x{i. ..n;x ??}rx?Cie? r j fjy ?}?j{ . :; yl.{{{•:•i;+ryv F i ]{}ivi?{ri{ii ~wFyw~r~.~ I~Q:{?}.,v~,y.@m„?{.r,.}: xvnvw,,.};.~yl~ ~;M /;{{; ::??n;?{.v,?.;x:.rxnw¢;xw:{ :.v :{? :• : ~cjy :? :? : i~ •i: :i : 'B ii: :L J: J : : i:4: i: ii i : : ; ; ; !2 ..............: i:+; j;C }:. ..::: ::.... i::...:: :..iir3:?: \Lii :yi. :i :i LS: % fv ( : i4: t .;.•.k.:i :y.:??:,/..nryt;.:x:~:: } 'rid..{ii:i:::>:;:${:tY..:: '•t%!V):}..+:}.:;iviin}:::::x?n~ivw:,v::{i:'~"v ii:: ni::iiv?'•v'; .. '~ C Agricultural service (076-078) * * p Amusements (791-799) * * p Amusements (792-794, 799) C * P * .vx.. +tit:::{ ra:r kii...a..n......L::]iti.....:i::Ctiai4ti...a::::Uii.xv-:...d.......x.~.•...i?.\i.:x:isIX0..4'e{.i:.:.:afS:a???{{{[.:.:...a.... ...?%:\:: Arrangements for Passenger Transport (472) * * p Arrangement for Shipping & Transport {473) * * p (I) Apparel and accessory stores (561-569) C * P Automotive dealers and service stations (551,552,553,555-559) * * p Automotive repair, services (751-754) * * p Banking (601-605) * * p Building construction - general contractors (152-161) * * p Building construction - special trade contractors (171-179) * * p Building materials, garden supply (521-523, 526-527) * * p - 43 - EX~IIBIT B . • • USES (SIC Code #) ZONE CR NC GC Business services (731,732,736-738) * * P Business services (7359) * * P (A, B, C, D) ......: Commercial amusement - adult, 5,000 feet from all schools, residences, * * P churches, parks, or other public buildings or uses Communications (481-489) * * p :. .. ...:.. , , . K , , . , :.: . Credit agencies (611-616) * * p Dog Grooming * * p (H) ..... ~..:.:::: ~:`: r _, .. C .~vrx:.;::isK.:rN;;:<~~;, .:i<.;;„,:v;,.::iii.:;:::;N;:<w:,;:;;:.ri:.:~::iv~ .::::~:~.::~>:.: . Eating & drinking places (5813) C * P v a :::;{F..i'iisi?:::;:i?::ii:is4i::{:4:{:.iiiii:::::{::i:::ri:::i:i:'ff,.::i:S:i ':':v'.iii::::i' :'i:i: 7~~ ~y~. ~~~~yy~~~~//~~~~~~~~ . #•i..~ .Y.J. ~ riF:: ~'..::;i;.: iy'y::+~' .:.y~?gF!!+Wt%::i ~4:. ~.. .. :::L:~fiji (iiii iffy <j~ Yji iiijiiii{t ijiii iii ~ ~ ., } yy~ } ya...+}}}y}..; y; t.~ } . yyy:»t{s4 ys)}y}tC l?: aii1~•..v :.y~~~y~ I~cJJ13G:~i:' ~~ M':'IiY~C~it'[~v..r+~{ti?~~fl~:~~/Y~i~.}Y~~ n ~ ~ """" 4i}iiii}+iiiiiii:ii:*; iiv:::+:+:::+:+: L:::+=• ::::::::::::::::: v:::::: nii•:i'•i: i:~ii: iiiiii:~i: ii:i~Y.:~w:::: :::::::... ......: .::... ..:.; .. v.......:.V :: : a k nr:%v :!iGv::vi:i::i•::iii:::i•~.{{•ii:::v: ii::i:•:+F.:firi~f.•::i~i:}: n• .. Food stores, general (541,542,544,545,549) * * p Freestanding on premise signs See Sec tion 10-1000 Governmental and public utility buildings (911-922,9631,4311) C * P * .: ~`'~ ~~• Home furnishing stores (571-573) * * p - 44 - EX~IIBIT B • • USES fSIC Code #) ZONE . CR NC GC Hotels and motels (701,701,7032,704) C * P Hospitals, laboratories (806-809) * * P :~......:n'?p~:.~~.~w~.~~x;rx.:•:i{.;xr.;;n; ~y, ~{v/~~1 ~i~:i!.~. ..11.~~..//.~~. ••.rpp:''i;n::.. •.. ¢¢~'~is~i .:.•.:v.r+~::.M1.'=~?:~i::ti:{i?w~:•,is~.:.'{..;ijv*~:M~Mi:W/i::f:~ n ~Rf. .f1~YM~i:~iii . . • . . .. w;; .......... .. .~: ii:ii ~:: ~ w::::::::::::::: ~ v : ; 4/t : Jt :::: n ~ ~ . .. . . . . . y ::: .. :.. .. ,.:•:~i:{ .i . i , y : i Kennels, boarding (0752) * * C Kennels, breeding (0279) * * C Laundry (plants) (7216-7219) * * P Marinas (4493) C * C Membership organizations (861-869) * * P Mini-Warehousing (4225) * * C Misc. retail (592,593,5948,596-599,5399) C * P Misc. retail (592,5948,5399) C * P ~~ * ~> a::.:+},.:;:o}r{fF.;:rrx,.y.•:.,x;;%:::r;::::>..•~rr,:Ffr,Ry:.:,:.;.:.; y:;:.x;;y:::..•,.,.•::,:c;:>::;::.:•:;.;::;.::,.y,•..;::.x:::;Y:.::`:::•:,r::::•.,•,r.:,..;. Misc. shopping (5995,5999) C Motion picture theaters (7832) * * P Museums, art galleries (841-842) C * P n:'t/.::Nl..niv::t???:.}i:rtixi.:m}:x: r.:prni::ii::ti:(iii{i;: ;nx}:yiti<ii?.ii iiii:. ~.} y.::.i:..i....:.: ~:iii::^ii;: }Ti....iij::S::4::i':i .. * :i%i-.t{. ---~ Passenger transportation (411-415) * * P e~?3=~:«:<~e~~~.i::.is~~~ii~:'.~;~:~.~.~~x€7:x`2::-?~>l=~ * P P P?~:::>:>~~rk~»::~~ii:~~~~:g~c~:t~cc~~ C P ~ : .:::..........:::: ..<.... :::::.i:.: Repair services (7699) (Except Tank * * P Truck Cleaning) "iitt j;.v.\tiiiLrf;::CA titi l?A':::•.ri: v. :••; ••~ - 45 - EXHIBIT B • • USES (SIC Code #) ZONE CR NC GC ~~e3~~:a~a<>~$~~c~`~ ~:~ ~<an ~~ .. P Securities and insurance (621-639) * * P Service stations (554) * * P Service stations excluding truck stops (554) C * P .:.. n...........':IYI..:.~}i v::~::itt:...v}}:.1:... ~~i::.vitt..t~:~f:{($::: is?i ~:::\ti?:i:ii .......: •;w:I:q}}}F}?}}Y'Y..:..: vi;;`}S:Fv,` :{%i:Y{: '~ ~ "'i::::: •r: ::: ' ; } } } ~ ' > 'f > i ' } ~' ' : • : ' : ; ; .; .; .:{ . n :?.: ~.Y.:.:.}:{::::{;.:{.;.... .:..:........v......i.:.; .,v ,,.. a+Yt.:is rfH{ .ftiC:.: .:{ yyi{::{ , : Y: , ....... ..... n..:., :n,:...:..:is\}:;::::::ivtii+fi::}i::i!vv:5ft \N.J4:t:::::ii:::tiff:::•x'::::::?::::Fi•?:•G * ........ •••••••• :Yff.-}}i??}?U}Y:!'i:Yie}}Y.+H.3}N}}v:.yffiYi:Y•Y:fA."YF,rYI.:: t:F YA:?iY¢?}:L::: ............ ................... ...:.... , ... .....,.,.A.., :,,,..... ... .. . Outdoor sales as a Primary or * * P(C,G) Accessory use Outdoor storage as an Accessory Use C * P(B) Outdoor storage as a Primary Use C * C :1;::i~~{~i~.?:iiL-~fis{.~-..frT.-:';1i44-~ C :{:~~ ~r ;Y .. ::::.:: ~.,... ~T~<' C ~ C ~:;waif.:y;:~~~!?':;:;~i!:V!~!.+~.!~y::f:R~J: C C ... .v • 4 4 ::::::: : :: v. .............. 4x} 4F} v v}} : : %:^: ~":::iiii:ii'.....~}.;.:;::::{<:::: yi ;iii::' jj:'r':i::x.':. i::~:: `~i:::.:::n}i.::Sj: •::::.y::i:::::j:r•: ~{:::j:::::: 6-401 Interr~retation and Enforcement Property uses, except as provided for by Section 6-400, Table A, are prohibited and constitute a violation of this ordinance. - 46 - EX~IIBIT B • Zone Change Request #R96-006 • • Staff Report Zone Change Request #R96-006 October 17, 1996 Requested for: Trs. 18B and 18F; Crescent View, which is further described as being located at 2757 Old Hwy. 146 (S. Broadway), La Porte, Texas. Requested by: Dorothy E. Stevens, Owner Current Zoning: High Density Residential (R-3) Requested Zoning: Neighborhood Commercial (NC) Background: The tract in question has two (2) existing buildings, which in the past have housed an automotive repair shop and a drinking establishment. In September, 1989, the zoning of the property became R-3, which resulted in the buildings and uses becoming considered "pre-existing, non- conforming". The building, addressed as 2757, (which housed the drinking establishment) now operates as a small engine repair business. The building addressed as 2755 (which housed the automotive repair) still operates as an automotive repair/body shop. Analysis: The applicant, Mrs. Stevens, is seeking a rezoning of the property for 2757 Old Hwy. 146 (S. Broadway) to allow a beauty salon business. (See Exhibit A) Staff, in reviewing the applicant's request, has found it to be a reasonable request. The current Land >:Jse Plan does not show the area to be intended for commercial use, however, the City has been consistent with providing Neighborhood Commercial along major roads within our city limits. Also, the property or individual tract(s) may be too small to allow development of some R-3 uses. The tract in question does not comply with current commercial regulations concerning landscaping, building setbacks and parking, however, some changes to the property could bring the property closer to compliance. Close proximity to the surrounding residential areas should play a role in the final decision concerning the NC zoning. An NC designation for the entire tract (2755 and 2757) would allow the commercial rental of the property and provide services for the neighborhood. (See Exhibit B) Conclusion: Staff suggests that the Planning and Zoning Commission consider approval of Zone Change Request R96-006 to an NC zone based on the following conditions: • . 1. Landscaping (6 %) should be provided at the site and maintained in the future. 2. Existing parking be changed to a dust free material. 3. New parking area be striped to comply with current parking requirements. 4. Any dumpster shall be located at the rear of the property and be screened from view. A comprehensive look at existing conditions along Old Hwy. 146 (S. Broadway) should be strongly considered. LEGEND ^ SINGLE-FAMILY DETACHED RESIDENTIAL ® MULTI-FAMILY DETACHED RESIDENTIAL ® COMMERCIAL/OFFICE • ^ INDUSTRIAL ® PUBLIC/INSTITUTIONAL PARKS do OPEN SPACE ® UNDEVELOPED ® OPEN WATER ^ OTHERS/PUBLIC R.O.W. -••-••- ••- SECTOR BOUNDARY -~~-~~-~~-~~-~~- ~~-~~- CITY LIMIT ~ ZONING BOUNDARY PROPOSED NEIGHBORHOOD COMMERCIAL a ,~ ~r ~~ • EXHIBIT A • • Section 6 - 400 Table A - Commercial P (ABC) -~ Permitted Uses (subject to designated criteria established in Section 6-600) P - Permitted Uses A - Accessory Uses (subject to requirements of Section 10-300) C - Conditional Uses (subject to requirements of Section 10-200) and designated criteria established in Section 6-600 * - Not Allowed USES (SIC Code #) ZONE CR NC GC .,,,,,>,,,},,,,,,,,,,,,,,,,},,,r.l}}..,.111,, . .?:?. •. :... .`.. . r.{.::::. y..:•~•~~~ ' x: }: ~~ii~i~iiQiii't` • ~{.?:;RA'Yi~~I~':.•'•ii'[all:~'i }~i li :; iiiiJ ii: ~fr~i: t{i: ti?J~ i: ' iiit' ' ?:i < Lt[H K + f< H t , : ? : { ,v, r r, : ?{U. { J. t ?+J? .t}i ? : . ~4<?>Si < xrv rx. v.,v,?.:{..:: A::{a..v..4}\:.::mn:N..:{~i.•.•;;;{^4xx: n:iis?ttr{?%F:??{.: `:r w: ........ .. ..... f.... ..,~ ':: i:•:•'ri~{:. :i : : :titiit :irh3 ..ti'-:r 3'~'?:"ri :~: : •i: :j:::::v l:Y C <:P P : : .. : % : } : : .... ~~~^' ~p{}~:{:,?•v,.ri}?fi}}:.}} •.:?iii::iii.}:•iS::1.w:;::?:nv::m'fi%n.:??ry};nY:•xv:~l}.v.::x .::; :;'. •::::y::'f.:::i}} jy}}:{ 'ii'i'•i~iv ~1~JfYf-~i:T.~~~~ u](7~iw~ ~n• ~?~:•iiJ:;:,:-:C-~ne * ~:\~ • C :11:;111:?:iri;.. :w:.: ~.....~.. Agricultural service (076-078) * * p Amusements (791-799) * * p Amusements (792-794, 799) C * P ;;.~.}:;.: }:::,,;:111:>:}::. ~::::.:.::?.1::111::>; =•;<;>:::::::::..;~ :r>;:}::1:::>;:.1,..:::.:>:111::1::1:>:1:,::::::.::;}:::::;::::::}.::.;...; : > ' • :.v+?fil :cu,:..?v.,??. k.:h,:.tit,:•e,..?,:..,,.x:..?.n...s,.t...:,,:.:....,.:;:a?:o:.:?,,:?.:....,,..?.,...:..,,?.:..,,::,.,.,,;:,:,.x.,,,:...,.:,:.}.1::?2?.:::?..., : tiil ..n.... Arrangements for Passenger Transport (472) * * p Arrangement for Shipping & Transport (473) * * p (I) Apparel and accessory stores (561-569) C * P Automotive dealers and service stations (551,552,553,555-559) * * p Automotive repair, services (751-754) * * p Banking (601-605) * * p Building construction - general contractors (152-161) * * p Building constriction - special trade contractors (171-179) * * p Building materials, garden supply (521-523, 526-527) * * p - 43 - EX~~BIT B • USES fSIC Code #) ZONE . CR NC GC Business services (731,732,736-738) * * p Business services (7359) * * P (A, B, C, D) Commercial amusement - adult, 5,000 feet from all schools, residences, * * p churches, parks, or other public buildings or uses Communications (481-489) * * p Credit agencies (611-616) * * p Dog Grooming * * p (g) N.~f. : ..>:::n.:. .::::::.... ..::::>;:....:: .... ~ P :~N.:.......v.:...h::N.n.r,..v..v.~..::.~.. Eating & drinking places (5813) C * P i { i'~ P ya ........... +}y?}~.??}};,~.!?y)>?}:yy~,~~;~~}}}y.;},t{n}> x>X•:J:vVY>}i?a;.,:a:..'.v.'.:.v:i: /yam, w.v+xw• •rrr wnvvnv: • yn.:::.w: fix: r{.~x::::/::~.:K•:x~n•••••• __ ~.. .?? ~. jj~' }p~~ y v:y::: i::::: :. : : :w: :•: n:n:{{{.:iii.}isini4iyy:r .::r.:.]:::.tii?r{.~.:.:iO~.ii~.:r.:{ii{.:{.:i.:.:i.:4•: i.Y , . y x~. . Food stores, general (541,542,544,545,549) * * p Freestanding on premise signs See Sect ion 10-1000 Governmental and public utility buildings (911-922,9631,4311) C * p `~=': Home furnishing stores (571-573) * * p - 44 - EXHIBIT B • USES ISIC Code #) ZONE CR _ NC GC Hotels and motels (701,701,7032,704) C * P Hospitals, laboratories (806-809) * * P i:~i Cti~~~~~~ cRiii~~' iiiiliK•7~ifit~::::®~' ~•~:••'ti}'ti:;~~.,~~ ~~~ .•'~'•i . ~:{it+lil/:i:::R ~..~::..... .................. '~ vv :..;{vY:i•:i•.v,;:itit4iiii}ii::iin}i: Qii.; ~i i }iiiii•; .:}viii?: i:: n:yw: n:.:::: v::{{::m::::. is ii~:i:::::i..:.; ii•/.•>::{:i:,{. ;.,v,:0: '•: .: rc.::: • ~u4 R * .:.. :..: ::;;. : : •:.:iiiiii:::oi:.,•:x:,•.iiiii.::..:.....:v..•i:w:v.y...........,. ~ .;...::::.x:•isisw>;::.~afoNc•::•w:;;.........::..::; : ..: Kennels, boarding (0752) * * C Kennels, breeding (0279) * * C Laundry (plants) (7216-7219) * * p Marinas (4493) C * C.. Membership organizations (861-869) * * P Mini-Warehousing (4225) * * C Misc. retail (592,593,5948,596-599,5399) C * P Misc. retail (592,5948,5399) C * P :: :' ::1.i?:::::ii.'•:::;:;i:;:i:Yi:::::iY4.'•:Ki:ii:5??m{::ii:~ry':::]Y:i: ~v::::iiiixii'r :iv :.r: ni•.v_.Ay: ni:•r:{ 'i:: .: ...... ..::: :.::...: .::.F•.,••.:.~.i ...:.:n:.r::rtg:.r.•r,.;i'v,:n:~;f:S;,;,;v,.,,.i.:7:",;'::.:~r:.~,.•::ffr~.:.:fr..r.v:•;r:..::<:;~x;,.;,::5-.>;:•.;::,>i.:r.:::.,,:•:;:.~: .~ ::..ii Misc. shopping (5995,5999) C Motion picture theaters (7832) * * p Museums, art galleries (841-842) C * P •":y ti'::fi:::vi:}}::. yi%ti::iii:::~i.:x]!~{;.v~.?,:8ivji;}:?;%;::yY..j:itrn}::v.~: i':v: x.:p::i~'i:%.; i:)::iii:~!}i ~:.:;iui}}}}};.;:. ........... ........ . ..... • .... :::.. :: . .......:...::N......,•...t............t.. t............. .::::.......:...~..... ~/.~~`, KyyK ...........v..n : ... ..:{...:..:.i ................v... :::w:. ...... Passenger transportation (411-415) * * p _...._...........: .............:...:.....,.i.r ...,...................._ ...:.......................................................... * „....... ~e~p~d~~~~. ~~ aid ~~ .:: . >::>i . Repair services (7699) (Except Tank * * p Truck Cleaning) "'+Yit:i:t '•i ' iY{iittLtL,v'{i{L,i.Y{i:'i::+:~'~:"' ............a ........:........................ :.. ..........:i:Y.:b:., ~... .. ... * .......: - 45 - EXHIBIT B • USES tSIC Code #) • ZONE CR NC GC Securities and insurance (621-639) * * p Service stations (554) * * p Service stations excluding truck stops (554) C * p ;ice.::, '~' ~e~ ~' * .:..... ...:::.•,:. •:.::.:~,:ssir!vtrffC{+:frn?~::?:rf.,,.:•.r..•:r:.. it •:•;,: ••;s,.:•;;•.•:}>•.•:: ......................,... n ....'.?~..:;.SC:~:'}.:;.:.:S;r.:i.:::i:':{.-:P?•;;{.}'.:.i:.:;;.\iiii.:{i;;[{~ j•.y:.: ' ~:: P :?•: f,.?; .: '.'.i?: y:.;i?i:;i4:: i}:.i:ixn}:.,:.: _inY.i•?.: i??:: _;.:Y ~'-?::.:::i:::•;::: iv :}•.r #.~.l...:~::.,,:.v~v.,~•nw.:~.{,.:::.v:::`:~::~:~.v..:~w:!:~::~t ~j,w ~,~w~ A• ~w: +~~ ~ivlYii~Cidi:~ii~~iii:S:istiRi'?.F~~•:-'.i1«Ww~WAU~::is~~~1'it.:`:t~~~W:~:r~3:::iti~~~'r:: i~ .. ...~~:~:~: : '<:C C . Outdoor sales as a Primary or * * P(C G) Accessory use , Outdoor storage as an Accessory Use C * P{B) Outdoor storage as a Primary Use C * C ....:.....,........., ....:......................~..:......h.::;.~.~, C ~ C '1..:::,::9:.~<~~<x~i#..~.~~.. ~ . .....................................................::: ~ C i C -.- ......,..., ......................:............,....v.......:.... C .~~ C .. ,:v..,..:: ' : .}:?::*.V??:m::ah?:J:i???4??????:~:i.???N??:~??:iii:-?:~????:~:•?i????::~?:~??:ice????: :y ,~,,~,~• ~/~~ r=rI[.~•p,~ .'•:i.:;::.::i::i:.>:'...:.Yyi1~i::~i:[r:::;~r:[::::::::::i:;::;:: i:c'::::;<:? ~~~~:G\~iii#Y'l~:Ci~7%-.-:fii:~:JHiif~k::::::vi1f~<':i - . .........................::::..:.::::. ::: ......_._ ~3.' ..........................._................... _._... 6-401 Interpretation and Enforcement Property uses, except as provided for by Section 6-400, Table A, are prohibited and constitute a violation of this ordinance. - 46 - EX~IIBIT B • • Zoning Ordinance Amendments Non-conforming Buildings, Structures, Uses and Lots of Record Sections 4-200 and 4-300 • Staff Report Proposed Non-conforming Amendments October 17, 1996 Zoning Ordinance 1501 The following amendments were discussed at the September 26, 1996, Planning and Zoning Commission Meeting. For the purpose of public hearing review, the amendments have been prepared in the form in which they will (if approved) appear in the Zoning Ordinance. Based on recent citizen concerns along old Hwy. 146 (S. Broadway) in Sectors 29-33 (See Exhibit A), staff is reviewing all possible avenues of improvement throughout the City. Many concerns are connected with non-conforming buildings and/or uses. Existing business owners will be given an opportunity to obtain an exemption from the City's Board of Adjustment. This exemption, if granted, would require improvements to the existing buildings as well as the site. Notification will be sent to all business owners of non-conforming uses. Should an owner not contact the City in regards to his non-conforming use, a procedure is being established where the Board of Adjustment can hold a public hearing on the matter. A draft of proposed changes to Section 4-200 and 4-300 of the Zoning Ordinance is attached (see Exhibit B). Proposed changes are shaded for easy reference. • • GALVESTON S. LINE OF SHADY OAKS SUBD. • DRAFT 4-~~ 9~ ARTICLE FOUR: GENERAL PROVISIONS Section 4 - 100 Certified Site Plan Required Any person desiring to improve property shall submit to the Enforcing Officer a certified site plan of said premises and information on the location and dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to this Ordinance. a. In the case of residential construction, a certified site plan shall not be required when: 1) Said residential construction is only for an accessory building of less than 200 square feet; or 2) Said construction is on lots or tracts that have been surveyed by a registered surveyor, and have all property corners permanently marked and visible. Section 4 - 101 No development shall occur upon land designated as a conservation area, unless a waiver is obtained from the City Council of the City of La Porte pursuant to the provisions of Section 12.07 of the Development Ordinance of the City of La Porte. Section 4 - 102 All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and in accordance with the adopted thoroughfare plan of the City of La Porte. Section 4 - 103 Except in the case of apartment or condominium developments, industrial developments and Planned Unit Developments, as provided for in this Ordinance, not more than one (1) principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the Enforcement Officer shall be final, subject to the right of appeal to the Board of Adjustment. Section 4 -104 On a through lot within residential districts (a lot fronting on two (2) substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be twenty feet (20') for applying the yard and parking regulations of this Ordinance. - 28 - EXHIBI"~' B • Section 4 - 105 Except in a planned unit development, no building shall be located closer than ten (10) feet from any existing or proposed street right-of-way. Section 4 - 200 Non-Conforming Buildings, Structures, and Uses The general public, the Planning Commission and the Board are directed to take note that non-conformities 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 Commission and the Board 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 non-conforming use within the City. 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 adjoining use changes to a residential use classification. 1. Accessory Use of Structure. No structurethat'is accessory to a principa-1 nonconforming use'or a noncomplying deuelpment 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. Section 4 - 201 Non-Conforming Structures 1. Limitation on Req_ulation No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a non-conforming structure solely for a failure to comply with provisions relating to Section 10 Special Regulations, of this Ordinance. 2. Continuance of Non-Conforming Structures Subject to all limitations herein set forth, any non-conforming structure may be occupied and operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions herein established - 29 - ~~~~ B • for structures in the district in which the non-conforming structure is located. (The provisions of Section 4-201(6) and Section 11-605(2) of this Ordinance are also applicable, and shall be followed. 3. 4. 5. 6. Accidental Damage to Structure If a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions herein. In the case of partial destruction by fire or other causes, not exceeding fifty percent (50%) of its value, as determined by a licensed appraiser, the Enforcing Officer may issue a permit for reconstruction. If greater than fifty percent (50%) and less than total, the Board may grant as a special exception a permit for repair but not for enlargement or reconstruction of the building. Obsolescence of Structure The right to operate and maintain any non-conforming structure shall terminate and shall cease to exist whenever the non-conforming structure becomes obsolete or sub-standard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcing Officer determines that such structure is obsolete or sub-standard. The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of such structure rests upon the owner of such structure. Determination of Replacement Cost In determining the replacement cost of any non-conforming structure there shall be included therein the cost of land or any factors other than the non-conforming structure itself. Repairs and Alterations Repairs and alterations may be made to a non-conforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming .use; and provided that no additional dwelling units shall be added where the non-conforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. The Board may grant as a special exception, an application to extend or enlarge a building occupied by a non-conforming use of the lot occupied by such building, provided such grant does not serve to prevent the return of such property to a conforming use. - 30 - ~CH18i'~ B r: • 7 . Maintenance, '-Repair aril Structural ''Safety- Normal ..maintenance and incidental repair .may be, performed on'any structure. Nothing in-this Section shall be construed to prevent the strengthening, or restoration to 'a safe' condition of a: structure in .accordance with an order of a City ,official who declares a structure to be unsafe :and orders it restoration to-a safe condition. 8. Enlargement~to Noncompl~ing Structure.' A structure that is nonconforming ..;may ;,be altered, :remodeled or' otherwise:. improved, but .not [enlarged, unless, the Board- of Adjustment determines that 'such: enlargement will not result in an increase yin the degree.: of ':nonconformity',, with the. regulations and ,: development standards of the district in'which it is located.' __ (a) Submission of Schedule to Eliminate 'Noncomplances..-- 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 30 years, ,or setting forth the xeasons why such action 'is not reasonably .possible. (b) Approval' of Schedule>bv Board bf Adjustment. The Board of Adjustment shall: review 'and approve the. proposed schedule subject`to -. uch revisions to the. schedule- as deemed necessary to ensure .that priority is given to elimination 'or_-reductiom of those noncompliances that have significant adverse impacts on surrounding properties,' and which can reasonably be complied-with taking..-.into account the effect of theconfiguration of the lot and... the location of existing_structures;or the cost of eliminating or substantially reducing -such noncompliances. 8. Abandonment of Non-Conforming Structures A non-conforming structure, when abandoned, shall not resume. A non-conforming structure is abandoned when the structure ceases to be used for a period of one hundred eighty (180) consecutive calendar days, and it is determined that an intent to abandon the non-conforming structure occurred as evidenced by an overt act or a failure to act on the part of the non-conforming structure's landowner or his occupant. Whether or not anon-conforming structure has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming structure shall have the burden of proving to the Board of Adjustment that the structure has not been vacated - 31 - . E~C~-IIBi"f • • or used for a period of one hundred eighty (180) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming structure during the period of cessation of use of the non-conforming structure. Section 4 - 202 Non-Conforming Uses 1. Continuance of Non-Conforming Uses Any non-conforming 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 non-conforming use on the effective date of any amendment by which the use became non- conforming, but such land or floor area shall not be increased, except that such limitation shall not apply for farming uses. 2. Recristration of Non-Conforming Use It shall be the right of the tenants and owners of a non- conforming use to register same by securing a Certificate of Occupancy as provided in Section 11 of this Ordinance. 3. Changing a Non-Conforming Use Any non-conforming use may be changed to a use conforming with the regulations herein established for the district in which the non-conforming use was located; provided however, that a non- conforming use so changed shall not thereafter be changed back to a non-conforming use. 4. Abandonment of Non-Conforming Use A non-conforming use, when abandoned, shall not resume. A non- conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non-conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non- conforming use landowner or his occupant. Whether or not a non-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming use during the period of cessation of use of the non-conforming use. - 32 - DCHiB~I' $ • Section 4 - 300 Non-Conforming Lots of Record 4 - 301 Continuance of Non-Conforming Lots of Record Subject to all limitations herein set forth, any non-conforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized by these regulations. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. 4_-_.302 Discontinuance of Non-Conforming 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 anon-conforming lot of record that is made conforming shall not thereafter be changed back to a non-conforming lot. --303 Termination -of Lciuor Sale Establishments Bars. Lounges and" All liquor sale establshments.,..bars, lounges and taverns in operation in Residential:- Districtsor Neighborhood Commercial.,, as of..the offective date of: this Zoning Ordinance; shall:, not have a_nonconformng use status_ as of that date with respect to the use of the land or structure as a liquor sale establishment, 'bar,:lounge or tavern. Such use shall be terminated. on the.: date of expiration, revocation or termination of__such establishment's valid. State alcoholic beverage 'license or permit in .'existence on the effective date of this_Zoning Ordinance,.-provided that. such termination date shall not be extended by°-any xenewal_ or extension of such- license or permit if such renewal' or extension_-is issued on or after the effective date of this Zoning Ordinance., _ 4 - 304 Notification of Nonconforming Use S atus The Planning Director 'shall :mail written notice, ,,.prior to or concurrent'ly_with the:notice of public hearing pursuant to 4 - 306, to all persons having an interest' in the property as shown by the ..tax. rolls of the '.City of La Porte where `the 'property is located and to the occupant of each nonconforming ,use by ...regular and by certified ''mail, return receipt requested. `The notice shall state ''that the use 'is subject to amortization and shall specify .the 'procedures for obtaining an exemptionfrom the amortization and termination requirements of 4 - 305 and 4 -:3.06. - 33 - EXHiB{~ $ • • 4 - 30'5 Application for'Exemption from-Amortization Requirement (a) Application RecLuis-ements . An owner or qualified;" applicant of a nonconforming .use may' seek an 'exemption from the amortization and termination requirements of 4 - '306. The grounds for such exemption, shall be'that the nonconforming use has no adverse impact; upon allowed land uses in the .district in which it is_ located or can be made compatible --with such use- upon' compliance with specified `conditions. '.:Such owner' or qualified applicant `shal'l submit'. an application to theei Director,', no:les's than IO working days prior to 'thedate' scheduled for the'pub~:ic hearing being conducted pursuant to '- 4 - 306. __ (b) Board Review-and 'Decision. The ,-Board of Adjustment= shall ''hold' the public hearing pursuant '' to 4 - ' 3 0 6 , following the procedures for hearings established.. in 11 - 60'4 of the -Zoning Ordinance::;. and consider' the application 'for 'an exemption from the amortization and termination requirements of 4 - 306. The owner or ..qualified applicant shall have the burden of proving the grounds for the--exemption. 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,. by 'motion,. exempt. the. nonconforming use from. the.-amortization and: termination requirements of-, 4 - 306, and impose- such:. conditions as: it finds necessary to ensure.:. reasonable compatibility, 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...authorze an ,exemption from the. .amortization and .termination requirements of 4 306,;'it shall of-ter considering.,-applicable law, ,information presented at-the hearing and other :factors deemed relevant. by it, establish an amortization period fore. the nonconforming use in accordance with 4:- 3.06.' Any person -aggrieved by the decision of tthe Board 'of Adjustment or a taxpayer or: an officer, 'department, `board' or bureau of 'the City, may appeal 'the' decision im` - 34 - ~XNtBI~ B accordance 'with Section 211.011 of -the Texas Locale Government-Code.__Unless properly.. appealed ,within 10 days of ahe 'date ''the decision is°filed in the-Board of Adjustment''s office, the decision of the Board 'of Adjustment is final: and incontestable'. 4 '- 3'06 Amortization and Termination;_. (a) Amortization of 'Specific-Nonconforming Uses. Nonc'onforming_ uses shall, be <terminated 'at the end of -an '' amortization period established by; the Board of Adjustment_ in accordance. with this Section. The '.Board of Adjustment,>- shall hold 'a public hearing, as required ,by Subsection {b):" below, to establish an amortization period or to consider an application by- the 'nonconforming user for `exemption` "from the amortization 'and termination requirements set forth in, this 4 - 306. If the Board of Adjustment, grants; an exemption, .ahe use shall be :known >as -'an '"exempted nonconforming use." If the Board of Adjustment '.does not grant an' exemption, it shal'1 establish an amort~aton- period pursuant to Subsection, (b) . If an application for exemption from amortization is not submi ted, the Board of Adjustment shall establish an amortization period pursuant to Subsection (c)'. (b)' Public Hearing. (1) The Board of_Adjustment--shall'-.hold a public hearing to establish an amortization period for each noncomplying use subject to notification pursuant to 4 - 304 or to consistent an application for an exemption from the amortization and termnation_ requirements: of. this Section pursuant to the following _, notification requirements: (A) Written notice af'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 thedate-of such public hearing; (B) Publication'at- east 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_notce of public. hearing at least; 30 days prior to the date of the public hearing to property owners: wthin'200 feet, as determined pursuant to 11 - 604,-of the lot line of: the:. land subject. to the application, inclusive of streets, - 35 - ~EXt-iiBR ~ • alleys and rights-of-way,,.. and- to civic associations registered with, the Planning Director, .whose boundaries are _'wholly or partly' within the 200 foot area (2) ,'Upon notification of the- time and ;place of the public' hearing,, the owner or occupant of the nonconforming use to be amortized 'may ,apply to-.the Planning, Director fore an exemption from amortization and termination pursuant to 4 - 305 and include 'written ' information and' documentation-supporting a claim !for an exemptionfrom:•.. any amortization period. In the' event '.the -Board of Adjustment does not grant the exemption applied for, it shall establish an i_amortization'perod based on (i)' applicable law, (ii) evidence' submitted with the application,' (iii) evidence `presented at the hearing and ' (iv)' other factors consistent with he purpose of this Zoning' Ordinance o allow:the owner to recoup actual .investment in the use made prior.- to the effective date o'f this Zoning Ordinance. The owner's-or applicant's 'failure ''to 'submit evidence `to support an amortization 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 amortization period that the Board of Adjustment establishes.', (''c) Amortization'Perod:: In the event-the owner°or qualified applicant does not .apply for. exemption from amortization, the Board of Adjustment, at the .public. hearing, shall establish__an amortization period based on-O applicable law, (ii) evidence presented at the public hearing. and (i)__other factors deemed-:relevant by the Board of Adjustment..,... to ..allow ....the owner or qualified applicant to recoup actual investment in the use made: prior to_the effective date ofths Zoning Ordinance. _ _ {`d) End of Amortization Period. At the end of the amortization period established by the Board of;, Adjustment for a particular-use, ....this, the-.use :shall _ _ __: terminat'e.' 4 - 307 Revocation of Nonconforming Use'Status Upon the recommendation of the P_lannng Director, a -motion of the` Board of Adjustment, or a,petiton'of property owners pursuant.. to-.this Section so long as the Plannng!birector makes a recommendation.-of revocation in accordance with (a) below, the Board of Adjustment shall undertake 'a review of (i) any-nonconforming uses.; or (ii) any exempted nonconforming uses established_ pursuant to 4 - 305 or'4 = 306: and, - 36 - DCH1~!'t ~ • after: a public hearing 'and investigation as' to ..the particular use in question, may' require the revocation. of the use. .status and the amortization or termination, of such use. For purposes of''`this 4 - 307, a use' described in (i) or (ii} above, shall be herein sometimes' referred to as a "Revocable Use." _ __ (`a) Initiation of Revocat'ion`Procedure.' grounds .for. .termination :under 4 a- 3'07 (d) _exist 'for such recommendation; or (iii) valid ...petition -of :proper owners: conforming with Subsection (b) below, provided -after,-due- consideration of the petition, the Planning Director pursuant to '(ii)„ recommends; revocation to the,-Board of Adjustment. In the event that the Planning Director,:upon: investigation, declines o recommend .action by;. the. Board of= Adjustment, '.' the Planning `pirector shall ' inform"" the petitioners in writing 'of that: decision. -The Planning Director.'.s decision regarding the petition shall be appealable to the Board of Adjustment under the- procedures contained in_11 - 604 of this Zoning Ordinance. (b) Petition:of'`Property Owners. A_pettiorr may 'be submitted to the Planning Director only with respect.. to a request. for revocation: of the status'of a Revocable Use, on a form provided by or otherwise submitted in a manner prescribed by the Planning D.rector.' The petition' shall -be 'filed with `the Planning Director .and signed'`by...the owners of'at least-twenty ....percent (20%) of the total .number of record- owners as determined by the ';most recently approved City 'tax roll, of land in the City,. within 200 =feet-- of -the. `aot lines- of the Revocable Use, `'inclusive of streets, alleys and- rights-of'-way. and shall 'set forth: the grounds,...for the-revocation.' ('c) Board Notice, Review and becision.. Upon'. its own motion, receipt of the Plannng,Director's report recommending the ;revocation of the status of the. Revocable Use or a decision by the Soard' of '.Adjustment. to consider a revocation requested in a, petition of property~ owners-pursuant to 4 - 307(a) the Board of Adjustment shall hold'a public hearing to'.consider revocation of a. Revocable Use .pursuant 'to the procedures in.'11 - 60'4. Prior to holding such: hearing, the Board of Adjustment shall provide public - 37 - ~XH1BIT B • • notice-as followsi (1) _-written not-ice of the `time__,and place of a public hearing,:, by certified mail;. return receipt requested and tpostage''prepaid,,to all :persons having an interest in the property as shown by' he deed of_records in the county where the property is located and to the occupant=or occupants of the Revocable Use. at least 30 days prior to the'. date of such public hearing; (2) 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 (3) -Mailing of the notice of public 'hearing ': at `'least 30 `' days prior "to the `date of the public' hearing. to property.; owners within 20'0 feet as determined pursuant to 11 - 604 ,' 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°-heating, the Board.. of Adjustment shall determine, on the-basis of writ en 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 4--- 30,7 (d) , and if it determines to revoke., it shall, in accordance with applicable law, after considering evidence presented.. at the hearing. and... other factors consistent ''.with the purpose of this Zoning Ordinance, establish an amortization-period 'for the owner to recoup the. actual investment in the use made by the owner prior to the time the use 'became nonconforming. The Revocable Use shall terminate at the end of the amortization ,period or the- termnaton date,: as` the case may be, established by -the': Board of Adjustment. _._ (d) -Required-_ Findings and Standards in `Board-Determination on 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 O a violation of any condition Imposed by the Board of Adjustment pursuant to 4 - 305 (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' - 38 - ~XHiB1T R .7 • district in .which the;'use_is-located, 'or (iii..) a pattern of repeated occurrences of one or more of the following w h respect t'o the-.Revocable ..Use: (1) ;Noise above the maximum permissible ...limits,- set forth in (Noise .Standard >in Zoning Ordinance)', or in. any, other C y :ordinance;.,... (2) 'Traffic ,generation of more than twice -that of the same use or use of a similar nature,° based on rates set" forth it the most recent ed' ion of .the 'Institute of - -_ - _ __ __ - _ _ _ - TrafficEngineers (ITE) Trip Generation Manual; (3") Noxious or: annoying emissions of odor, smoke, - wastewater, light or other matters; (4) 'Hours of operation:, that begin'prror to 7:0.0 a.:m. and extend beyond 10'i00 p.m.':-and as__such exacerbate general: -. noise or'traffic; (5) Lack of substantial compliance with applicable City': codes and ordinances; _. (6) -Police reports on alleged .criminal. activity associated with the nonconforming use; or. (7) Similar factors. (e)-: Nonconforming-Uses Nat Subiectto Revocation of Status. Notwithstanding-any provisions 307 that could be construed to use_that 'is nonconforming.. in which such use is located shall under this 4 -.307.. of this Division or this 4 - the contrary, a residential the particular district in not be subject to revocation (f) Conditions for Continuation. In making a''decision not to revoke the.status'of a Revocable: Use 'pursuant to 4 - 307(c),'' the 'Board of Adjustment may impose conditions _on the use :...that-_are necessary to accomplish the purposes of this Division, including, but not limited to required improvement _of,: or modifications to, existing improvements on 'the property or -limitations on hours or nature_of operations. '(g) .'..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 Section'Z11.011 of the Texas-Local Government Code. The - 39 - EXHiBI'~ B • • decision of the- Board of Adjustment is final and ncontestable_ unless :appealed-to the district court within 10 days after the date the ,decision 'is filed in the .Board of Adjustment:'s office.: 4 400 Zoning of Annexed Property 1. All territory annexed hereafter to the City of La Porte shall be temporarily classified as R-1 Low Density residential, only until permanently zoned by the La Porte City Council. Immediately after the annexation of any territory to the City of La Porte, the City Planning and Zoning Commission shall commence any action necessary to recommend to the City Council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regulations, and shall take place within one hundred eighty (180) days from the date of annexaton. 2. In the event a development or subdivision is presented to the City Planning Commission prior to annexation, that specifies a particular land use, the Planning Commission may recommend zoning categories to the City Council, after hearing, so that permanent zoning may be considered simultaneously and in conjunction with the annexation proceedings. 3. In an area temporarily classified as R-1 Low Density Residential, a building permit may be issued for the construction of structures or uses permitted by low density residential district regulations, however, other structures or uses, are not permitted unless application for such structures or use is made to the City Planning and Zoning Commission for consideration and recommendation to the City Council. - 40 - ~~~~~ • • Zoning Ordinance Amendments Landscape Requirements Sections 5-701, 6-600, 7-601, 10-103, & 10-508 • • Staff Report Proposed Landscape Amendments October 17, 1996 Zoning Ordinance 1501 The following amendments were discussed at the September 26, 1996, Planning and Zoning Commission Meeting. For the purpose of public hearing review, the amendments have been prepared in the form in which they will (if approved) appear in the Zoning Ordinance. Current ordinance language addresses the percentage, location, and type of landscaping required. The intent of this ordinance provision was to provide permanent beautification as long as the business existed. To date, many businesses have failed to maintain these requirements. They are legally in violation of the ordinance. However, staff recommends the following clarification statement: ..... Amending language is shaded for easy reference. 5-701 Table B Footnotes 1. Lot Size 5000 -6000 Sq. Ft. 4000 - 4999 Sq. Ft. 3000 - 3999 Sq. Ft. 2000 - 2999 Sq. Ft. Required Developed Open Space/Lot 200 Sq. Ft. 300 Sq. Ft. 400 Sq. Ft. 500 Sq. Ft. a. Min. size of developed open space - 1/2 acre for every 80 units or fraction thereof. b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the conditions established in Section 10-102 of this Ordinance, with all documentation required to be submitted for filing in conjunction with the final plat. (See also La Porte Development Ordinance Section 4.04). 2. A minimum landscape .setback of twenty feet (20') will be required adjacent to all conservation areas. Buildings, parking areas, and refuse containers will not be allowed in such setback area. These areas are to be landscaped with trees, shrubs, and ground-cover, with a planting plan required to be submitted and approved by the enforcement officer. R~~ini~g>~1><t~>i~~~~> • • 3. The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet (3'). No portion of any building including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary. 4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one(1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one (1) adjacent structure. In no case shall the minimum front yard setback exceed thirty feet (30'). 5. All side yards adjacent to public R.O.W.'s must be ten feet (10'). 6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet (10'). 7. D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. 8. All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external forces as defined by the Standard Building Code, or in the case of a modular home, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the Southern Building Code. 9. See Section 10 - 500 through Section 10 - 508 for additional requirements. 10. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet (3') and six feet (6') as measured above adjacent road grade. Section 6 -600 SQecial Use Performance Standards A. Required Screening 1. A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet (6') in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet (2') of the required screen. 2. tandards a. Width of planting strip -four feet (4'). • • b. Type of planting -evergreen. c. Size of plants - Minimal height of four feet (4') at time of planting. Must reach a height of six feet (6') within two (2) years. d. Planting density - Such that within two (2) years of normal growth, a solid screen will be formed to a height of at least six feet (6') above adjacent grade. 3. Screening will be required in the following situations: a. Parking areas for recreational buildings, community centers, religious, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. 4. Required screening will count toward the required percentage (%) of landscaping. 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 6-600(A). 2. Storage is screened from view from the public right-of-way in compliance with Section 6-600(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 7-501(1)a. 5. Accessory outside storage connected with a principal use shall be limited to thirty percent (30 %) of the gross floor area of the principal use. 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 thirty percent (30%) 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 6-600(A). 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way for from neighboring residences and shall be in compliance with Section 7-501(1)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 6-600(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 Parkins 1. Any off-site parking which is used to meet the requirements of this Ordinance shall be required to meet the following conditions: a. Such off-site parking shall comply with all parking standards stated in this Ordinance. b. .Reasonable access from off-site parking facilities to the use served shall be provided. 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 Ordinance 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 Ordinance. • • 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 Ordinance shall require a certificate of occupancy, renewable annually, as regulated by Section 11-300 of this Ordinance. F. Joint Parking 1. The City Council after receiving a report and recommendation from the Planning and Zoning Commission, may approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) 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 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: a. Up to fifty percent (50%) of the parking facilities required for a theater, bowling alley, dance hall, bar, restaurant or similar use as determined by the Planning Commission may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection (d) below. b. Up to fifty percent (50%) of the off-street parking facilities required for any use specified under (d) below 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 Commission. c. Up to eighty percent (80%) 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 (d) below as primary daytime uses as determined by the City Planning Commission. d. For the purpose of this section, the following uses are considered as primary daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing, wholesale and similar uses as determined by the Planning Commission. e. Conditions required for joint use: • • 1) 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 three hundred feet (300') of such parking facilities. 2) The applicant shall show that there is no substantial conflict in the principle operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed. 3) 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 Harris County Deed Records. G. Landscape Buffers Landscape buffers shall be a minimum of four feet (4') in width. Plantings shall consist of trees and low evergreen shrubs. i:~t:i~i~ti:#f? Development or 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 & 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 defined by this Ordinance) shall be allowed on premises occupied by these facilities. RESERVED FOR FUTURE USE Section 7 -601 Footnotes 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. q,i~;>;.:~~~,~~~.:, C~ J • 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. 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of--way, or rail service spurs. 4. See Section 10-500 through Section 10-508 for additional requirements. 5. No sign shall be located in a required sight triangle in such a manner as to obstruct traffic visibility at a level between three feet (3') and six feet (6') as measured above adjacent road grade. Section 10 - 103 Specific Development Requirements: P.U.D. District Developments and Intra District P.U.D.s 1. General Residential a. Purpose It is the intent of this Section of this Ordinance 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 (1) or more buildings in relation to an overall design, and integrated physical plan in accordance with the provisions and procedures as prescribed in this Ordinance. 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 (5) acres of land. c. Required Frontage The tract of land for which a project is proposed and permit requested shall not have less than two hundred feet (200') of frontage on a public right-of--way. d. Yards 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. • • No building shall be nearer than its building height to the rear or side property line when such line abuts an "R-1" or "R-2" use district. No building shall be located less than fifteen feet (15') from the back of the curb line along those roadways which are part of the internal street pattern. No building within the project shall be nearer to another building than one-half (1/2) the sum of the building heights of the two (2) buildings. 2. Townhouses. Cooperative. Condominiums. Multiple-Family Structures -Requirements a. No single townhouse structure shall contain more than twelve (12) dwelling units. b. Minimum unit lot frontage for townhouses shall be not less than twenty feet (20'). 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 La Porte Development Ordinance, or under the laws of the State of Texas. 3. Density Bonus As 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 (10°l0). The building, parking and similar requirements for these bonus units shall be observed in compliance with this Ordinance. 4. Commercial and Industrial a. use The intent of this Section of the Ordinance 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 (1) or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures in this Ordinance. 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 (5) acres for commercial and industrial projects. ~J c. Frontage The tract of land for which a project is proposed and a permit requested shall not have less than two hundred feet (200') of frontage on a public right-of--way. d. Yard No building shall be nearer than fifty feet (50') 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 Director of Community Development 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 Sections 6 & 7, Table B. 10 - 508 Landscaping A. Landscaping is required in percentages specified in Sections 5-700, 6-500, and 7-600. Site plan and/or separate landscape plans shall be submitted in conjunction with building permit applications. Approval of landscape requirements is a condition of building permit approval. 1. Total area of required landscaping shall be computed by the following method: a. Total developed site area shall be computed. b. Total area of roofed over improvements shall be computed and then deducted from the developed site area. c. The area of required landscaping shall be based on the total remaining developed site area. ` • • B. Public right-of--way may be used for landscaping purposes. However, right-of--way used for landscaping will not contribute towards a total required landscaping percentage for parking and open-space areas. Landscaping on public property or easements is at owner's risk and subject to the requirements of Section 10-504. C. Landscaping plans shall be developed using the following criteria: 1. Location a. Required landscaping shall be located in the front and side yard. b. Landscaping located in sight triangles shall be maintained in a manner that maintains an area of clear visibility between three (3) and six (6) feet as measured vertically from the adjacent prevailing grade. 2. Tomes of Plants and Materials a. Grass, ground cover, flowering and non-flowering plants, shrubs and trees, wood, timber, stone, fountains, and ponds may be used for required landscaping. • • Staff Reports 09/30/1996 14:16 ~aiMtnro,,,~Q ~ ,~ *`~~ ~G A~OGV4~ • 7133132253 September 30, 1996 • HUD ADMIN & LEGAL PAGE 02 U.3. Department o~ Housing aad Urban Devtlopmant Houston Area O~cc MuItifamlly Housing Division 2211 Norfoilc, Suite Z00 Houston, Toxas 77098-4096 Mr. David A. Sellars Senior Vice-President Davis-Penn Mortgage Company 2525 Bay Area Blvd., Suite 400 Houston, TX 77058 Dear Mr. Sellars: SUSJECTt 8IT8 APPRAISAL AND MARKET --- - Project No. 114-35383-PM The Lakes of Bayou Forest La Porte, Texas ANALYSTS (SAMA) Apartments This is to inform you our staff has reviewed the subject proposal and finds it to be worthy of further study and consideration should you decide to submit an application for a conditional or firm commitment, which contains the project characteristics stipulated in this letter. We have inspected the proposed site and have reviewed the rents. The Land Value Fully Improved is estimated at $468,880 or $1.04 per square foot. Any excess coats, resulting from unusual onsite conditions, will be provided fvr in the construction cost-estimate and be deducted from this value. In the event you desire to continue with this project and submit an application for conditional or firm commitment, it is understood the project will have the following characteristics: NO. OF UNITS T YPE OF UNIT .FT. MONTR LY MARKET RENT 48 1 BR/1 BATH 600 $520 $ 25,920 32 1 BR/2 BATYi 710 $540 18,560 64 2 BR/2 BATH 850 $645 43,200 16 2 8R/2 BATH 950 $665 11,520 16 3 8R/2 BATH 1140 $795 12,480 TOTALS: ~~l7G 138,7x0 $106,880 Equipment and services included in the rent are: services included in the rent are: As shown on the application. Other: Monthly Income from Parking is $10. per covered space; From Laundry is $3.00 per unit. 09/3011996 14:16 713313253 HUD ADhiIPd & L~AL F'AGE 03 2 To provide you and your architect with assistance in the development of a proposal, which meets HUD Minimum Property Standards, please contact Mr. Rankin Claunch, Architectural and Engineering Branch, (713) 313-2274, Extension 7105, to discuss the design of the complex. Also, he will be consulted regularly during the develpment of the plans and specifications of the project, in order to avoid ae many problems as possible during the subsequent stages of processing. Please note the following conditions must be addressed in the application package: 1. proposed development must follow engineered soil specifications by a licensed Soil Sngineer. Z. Foundation must be designed by a Professional 8ngineer. .. -~ Submission of a waiver of surface rights ~of~ ingress/egress must be submitted in the application package. 4. Ten (10) decibels of additional sound attenuation must be included in the deign. 5. Compliance with the Army Corps of Engineers Nationwide Permit 26 certified by an architect yr engineer licensed in the State of Texas. 6. Enhancement and preservation, in perpetuity, of a 3.5 acre tract of land as authorized by the Corps of Engineers. In the event you decide to go directly to firm commitment submission, using our Fast Track processing, a fee of $3.00 per $1,000 is required. Also, we will require contract drawings, detailed specifications and HUD Form 2328, Contractor's and/or Mortgagor's Coat Breakdown, and listing firm cost estimates. Please be advised the HUD Form 2264 and HUD Form 2329, Property Insurance Schedule must be included in the Architectural and Engineering Exhibits in addition to be included in the appraisal package. Please use the 221(d)(4) Fast Track Exhibit List to prepare all the binders in the appropriate order for submission. ~ -- -- 09/30/1996 14:16 7133132253 • HUD ADMIN & LEGAL FACE 04 3. It is important to understand this letter is not to be construed as a commitment on the part of HUD to insure a mortgage for your proposal. It is intended only to establish land use, the value of the site fully improved, the type of project, the number, size and composition of the units and the iaarket rents. The application for a conditional or firm commitment will be accepted by HUD if the submission does not vary with respect to the item8 established herein. It should be emphasized this letter places upon the owner __ ___ the_._responsibility to develop a viable project. The conclusions recited herein do not reflect any cost estimates, operating estimates, or financial/credit analysis. These determinations will be made at the appropriate stage. However, we wish to caution you not to use an expense ratio that is too low. This will affect the debt service mortgage amount. We must be guided by typical expense factors indicated in projects at least three years old. The application package must be received within 90 days for a firm commitment following the date of this letter; otherwise, this SAMA letter will expire. The terra of this letter may be extended for two 3Q day poriods, if more time is required and good cause can be shown. However, under no circumstances will extensions be given for more than 60 days beyond the original expiration date. Please be advised there are no re-open provisions for a 5AMA letter. If the expiration date is reached, a complete new application will be required. The Multifamily Housinq Representative, Ms. Jo Titus, will act as the liaison contact point for HUD. If you have any questions regarding this matter, please contact Me. Titus at (713) 313-2274, Extension 7Q94. Very sincerely yours, ~. A er Cason Direc t Multifamily Housinq Division City of La Porte Planning and Zoning Commission Public Hearing October 17, 1996 ,- _l-. Any person wishing to speak in~oPPOkS r~r i1~!"of any item being considered by this Commission, please indicate below by: `~--_ -- . A. Printed Name B. Signature - C. Item Being Opposed 1. 2. 3. 4. 5. s. 7. 8. 9. 11. A. ~ EYE. ~ ~ 9 ~. o a n3~y 12. A. A. ~ v o~(-~,, "3~ r ILA --~ ShQ- B. A. r~ ~ ~ U ~ 1 r ~ ~ ~ h S~; a. B., A. B. A. ~,~..1. ~ ®11 B. A. ~~~ ~~~ ~~15 B. A. ~~1~ G~~i ~ ~ B. ~-- ' ` ~ ~: B. (~~ ~~~ • C. C. 1~~ b~ ~ h T~ e- c. o~ ~ C. /S. goo ' 6 o Ste. ~~ ~ - D ~ ~o C. I ~- ~ ~ Dp ~/Z. • S ~l c. ~2~ 4 -®0~ R gG o o~ ~' . g -0~6 ~~,eas C. C. 13. A. B. C. City of La Porte Planning and Zoning Commission Public Hearing October 17, 1996 Any person wishing to speak in FAUORof any item being considered by this Commission, please indicate below by: A. Printed Name _ B. Signature C. Item In Favor Of 1. A. ~ S-t~V ~ B. ~ ~ 1.~~~-~ C. ~ ~. to ' a ~ 5. A. ~ ,. B. C. l2 6. A. B. C. 7. A. B. r C. 8. A. 6. C. • 9. A. B. C. 10. A. B. C. 11. A. B. C._. __ _ _ _ _ 12. A. B. C. 13. A. B. C.