HomeMy WebLinkAbout10-16-1997 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission• •
PLANNING AND ZONING COMMISSION
MINUTES OF OCTOBER 16.1997
Members Present: Chairperson Betty Waters, Commission Members Michael
Jetty, Dottie Kaminski, Melton Wolters, Sandie Staniszewski,
Jim Zoller, Hal Lawler
Members Absent:
City Staff Present: Director of Planning Guy Rankin, Assistant City Attorney
John Armstrong, Planning Secretary Peggy Lee
I. CALL TO ORDER PUBLIC HEARING AND REGULAR MEETING.
The meeting was called to order by Chairperson Waters at 6:00 PM.
II. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED MEMBER,
MICHAEL JETTY.
John Armstrong administered the Oath of Office to Michael Jetty.
III. APPROVE MINUTES OF THE SEPTEMBER 11, 1997 SPECIAL
CALLED MEETING.
A motion was made by Jim Zoller to approve the minutes. The motion
was seconded by Sandie Staniszewski. All were in favor and the motion
passed.
IV. OPEN PUBLIC HEARING
Chairperson Waters opened the Public Hearing at 6:03 PM.
A. DISCUSS REPEAT OF BLOCK 29; LOTS 13-16; TOWN OF LA
PORTE, WHICH IS ALSO KNOWN AS 225 AND 229 SO. 8T"
STREET AND 816 WEST B STREET. THE REPEAT HAS BEEN
REQUESTED TO ESTABLISH TWO SEPARATE LOTS FOR THE
DEVELOPED PROPERTY.
Guy Rankin presented staff s report. The applicant, Patricia Maner,
requested a replat of the property to establish two separate lots of
developed property. On the back half of the property is a single
family residence that is considered apre-existing, non-conforming
use in a General Commercial zone. On the front half of the
property, two garage apartments are being built.
• •
Planning and Zoning Commission
Minutes of October 16, 1997
Page 2 of 5
A replat of this property would result in the current four lots
becoming two independent tracts of land.
Mr. Rankin noted that staff had reviewed the request and
recommended its approval with conditions.
1. PROPONENTS
There were none.
2. OPPONENTS
There were none.
B. DISCUSS AMENDMENTS TO CHAPTER 106 OF THE CODE OF
ORDINANCES, REGARDING NON-CONFORMING BUILDINGS,
STRUCTURES, USES AND LOTS OF RECORD.
Mr. Rankin presented staffs report. He noted that the proposed
ordinance would give the property owner of anon-conformity an
opportunity to change the use or expand the property, within a
specked time frame. The overall goat of the ordinance is to
eliminate all non-conformities throughout the City over a specked
period of time that wilt be prescribed by the Zoning Board of
Adjustment.
Mr. Zoller noted he did not see any language in the ordinance that
would allow a use to change to another use in the same SIC
category or to a less intensive use. After discussing it further,
everyone agreed there should be a #3 added to Section 106-263 to
address Mr. Zoller's concern. It was also noted that the SIC code
should be used as a guide, however, allow for a staff determination
to be made as to the proposed use (with appeal to the Board of
Adjustment).
1. PROPONENTS
Bill Strong addressed the Commission on his own and on
behalf of the Old Hwy. 146 Committee. Mr. Strong noted
that the Committee, in general, agrees with what the City is
trying to do, however, some clarification is requested of the
following:
Page 4, #8. Why expand period to 180 days? Would
like to keep at the current 90 days.
• •
Planning and Zoning Commission
Minutes of October 16, 1997
Page 3 of 5
Page 5, Section 106-263, proposed #3: If use is
allowed to change to another use, does not want
extended useful life to change with each use.
Page 4, #8. Question regarding abandonment of use
versus abandonment of structure. Mr. Rankin noted
that abandonment of structure remains 180 days as
in current ordinance but in proposed ordinance,
abandonment of use is 90 days.
John Armstrong suggested
abandonment of use and
abandonment of structure.
2. OPPONENTS
There were none.
developing a paragraph for
a separate paragraph for
Ben Ritchie addressed the Commission neither as an
opponent nor a proponent. Mr. Ritchie owns property that
would be affected by the proposed ordinance. He believes
his constitutional rights are being violated.
Bernard LeGrand addressed the Commission neither as an
opponent nor a proponent. He asked the following
questions.
Page 4, #8. Why is a use abandoned after 180 days? Why
not 90 days? Mr. Rankin's answer was that 180 days was
chosen for consistency.
Page 10, Paragraph (f): Does this mean police intervention
on numerous occasions? Chairperson Waters explained it
was criminal activity generated from the non-ca~forming use.
Page 12, Section 106-270: If a liquor establishment closes,
can another business continue it its place? Mr. Armstrong
answered that the provisions of the ordinance regarding non-
conforming uses would apply.
V. CLOSE PUBLIC HEARING
Chairperson Waters closed the Public Hearing at 7:25 PM.
~ ~
Planning and Zoning Commission
Minutes of c~tober 16, 1997
Page 4 of 5
VI. CONSIDER REPEAT OF BLOCK 29; LOTS 13-16; TOWN OF LA
PORTE.
A motion was made by Jim Zoller to approve the Replat of Block 29; Lots
13-16; Town of La Porte, with the following conditions:
1. All signatures required on the plat shall be obtained prior to
formal recordation.
2. Add appropriate special statements in accordance with Section
4.07 of Development Ordinance 1444; Appendix D. (i.e. Owner
end Lienholder's Acknowledgement, Approving Authority
Certificate, Harris County Clerk Filing Statement)
3. Provide Private Easement Instrument.
4. The required plat shall include an eight foot private utility access
easement along the north property line of each tract to ensure
installation and future maintenance of utilities for the western
tract.
5. Obtain a separate sewer tap and relocate sewer service line
within the eight foot private utility access easement.
6. Public Hearing costs of $43.84 shall be paid by the applicant.
7. Provide a cashier's check, payable to the City of La Porte, in the
amount of $50.00, along with two mylars to the City. The City
will have the replat mylar and easement document recorded
with the County.
The motion was seconded by Melton Wolters. All were in favor and the
motion passed.
VII. CONSIDER A RECOMMENDATION TO CITY COUNCIL REGARDING
AMENDMENTS TO CHAPTER 106 OF THE CODE OF ORDINANCES
REGARDING NON-CONFORMING BUILDINGS, STRUCTURES, USES
AND LOTS OF RECORD.
John Armstrong addressed the Commission. Mr. Armstrong noted that in
talking with other lawyers and planning professionals there was one
element throughout this ordinance that should be revised and that was the
standard that the Board of Adjustment uses to determine the extended
useful life period. Mr. Armstrong noted that an extended useful life period
•
Planning and Zoning Commission
Minutes of October 16, 1997
Page 5 of 5
provides the compensation to be in exchange for allowing the
nonconformity to continue, allowing a period of time for the owner to
continue the nonconformity to recoup his investment. However, this could
be perceived to mean that property owners would• be compensated for
things such as yard maintenance and general upkeep of the property. Mr.
Armstrong suggested providing, on the basis of expert appraisal
testimony, the cost of the property, as depreciated for the remainder of its
extended useful life.
Mr. Rankin recommended the discussed changes be made to the
ordinance prior to Commission action. The Commission agreed with Mr.
Rankin. No action was taken on the item.
VIII. STAFF REPORTS
John Armstrong informed the Commission that the United States Supreme
Court had denied a Writ of Certiori to the application of the Texas
Manufactured Housing Association and the City of La Porte had prevailed.
Chairperson Waters, on behalf
appreciation fpr the opportunity to
Association Conference in Galveston.
of the Commission, expressed
the attend the American Planning
IX. ADJOURN
Chairperson Waters declared the meeting duly adjourned.
Re ctfully su fitted,
P gg L
Secretary
Planning and Zoning Commission
Approve on this the 20th day of November, 1997.
-/6
B y Wa rs
Chairper on
Planning and Zoning Commission
•
~J
Pecan Crossing, Section II
Final Plat
• •
Staff Report Pecan Crossing, Subdivision November 20,1997
Final Plat, Section 11
Requested By: Glen Angel, Legna Land Development Company
Requested For: A 12.1961 Acre Tract being part of Outlots 704 & 705 La Porte
Outlots, as recorded in volume 83, page 344 of the deed of records of
Hams County, Texas and located in the William M. Jones survey,
Abstract #482, Hams County, La Porte, Texas.
Present Zoning: Low Density Residential (R-1)
Requested Use: Residential Subdivision
Background: The Commission approved the General Plan on the February 17,
1994 and a Preliminary Plat was approved on November 21, 1996.
The developer agreed to and satisfied the conditions as stated in the
Planning and Zoning Commission report.
Analysis: The developer has submitted all documentation necessary for Final
Plat approval. The approval of the Section I Final Plat rest on the
condition that $9,100.00 payment of money in lieu of parkland will be
paid to the City. As noted in previous reports, this figure is ca~ulated
on a $175.00 per lot basis. The total for the entire subdivision is
$47,600.00. Section II payment of parkland fees wil! leave a balance
of $27,125.00 due upon development of the subsequent sections.
The applicant has submitted and been approved for the closing of
Caniff Road. Certfied funds have been collected by the City
Secretary" Office for the abandoned rights-of--way.
The covenants for Pecan Crossing have been submitted and
approved by the City.
Conclusion: Staff has reviewed the Section fl Final Plat and found it complies
with the Development Ordinance
Staff recommends Approval of the Pecan Crossing Section II Final
Plat.
Please note that there is an issue regarding access to the
subdivision detention area. This issue should be addressed during
preliminary plat of section III.
CITY OF LA PORTE
DEVELOPMENT ORDINANCE CHECKLIST
FINAL PLATS (APPENDIX D)
Development Name:
Type of Development:
Location:
Date of Commission Review:
Pecan Crossing, Section II
Residential Subdivision
Fairmont Parkway
~1-20-Q7
•
CITY OF LA PORTS
DEVELOPMENT ORDINANCE CHECKLIST
FINAL PLATS (APPENDIX D)
FINAL PLATS MUST CONTAIN ALL ELEMENTS OF THE APPROVED PRELIMINARY
PLAT PLUS THE FOLLOWING:
GRAPHIC CONTENTS: SHOWN
~ ~ 1~1A
1. Name of owner (if a company or (X ) ( ) ( )
corporation, list name and title of
authorized representative).
2. Name of registered engineer or surveyor (X ) ( ) ( )
who prepared Final Plat
3. Legal boundary description of subdivision, (X) ( ) ( )
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 ( ) ( ) ( )
(Enclosure 1)
b. Lienholders' Subordination ( ) ( ) ( )
Agreement (Enclosure 2)
c. Plat Accuracy Certificate ( ) ( ) (X )
(See Appendix F)
d. Final Survey Certificate (g ~) ( ) ( )
(See Appendix F)
e. Approving Authority Certificate ( ) ( ) ( )
(Enclosure 3)
f. Amending Plat Certificate ( ) ( ) (X )
(Enclosure 4)
g. Vacation of Subdivision Plat ( ) ( ) (X )
(Enclosure 5)
h. Harris County Clerk Filing (X) ( ) ( )
Statement (Enclosure 6)
i. Return A1ap Agreement ( ) ( ) ( )
(Enclosure ~
j. Special Statements ( ) ( ) (X )
(Enclosure 8)
•
Development Ordinance Checklist
Final Plats (Appendix D)
DOCUMENTATION:
1. Proposed Streets: Submit complete public
street construction drawings for approval
by the Director of Community
Development. (See PICM for criteria for
street construction documents.)
2. Proposed Util'~ies: Submti complete public
utility construction drawings for approval by
the Director (See PICM for criteria for utii'dy
construction documents.)
3. Coordinate listing: A complete i'ist of
coordinates for each point to be marked in
the final field survey. Each point on the fist
is to be assigned a unique number code.
A copy of the Final Piat, marked with the
locations of each number code, is to be
submitted as well.
4. Utiifir Comoany Letters: Letters from
servicing utility companies approving the
easements shown on the plat for their use.
5. Private Easements: A copy of the
instrument(s) establishing private
easement(s) within the subdivision.
6. Private Easement Holders Consent: A
letter, statement or instrument from the
holder of any privately owned easement or
fee strip within the subdivision boundaries
approving any crossings of said ebsting
easement or fee strip by proposed streets,
utilities. or easements shown on the plat.
If adjustment of ebsting utilities is required,
said letter shall specify the nature of the
adjustments and the approval of the owner
for such adjustment.
•
SHOWN
Y N N/A
(X) ( ) ( )
(x~) ( ) ( )
( ) ( ) (X )
( ) ( ) ( )
( ) ( ) (X~)
( ) ( ) (X)
~• •
"~ Development Ordinance Checklist
Final Plats (Appendix D)
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.
SHOWN
Y N
( ) (X )
N/A
(X ~
Comments•
Signature: Date:
• • • •
I re;T .,SV1 c? !$ A F 44^ l VV. _
' e. <
~_> 'iG ~E J V A P V 1 A<<~ NF G 44 . ~~-~
I _' ~_
% ~~
' K.., x.~« mx~ ~.. «.«.,. ,e. >m...~<~. .,<..r+. n.,. ,_< ^I .n q .- '< _ i .-vJ.' S t.__ ~ r,CS a~ - I -_
FF , 4 5 r- I„ f ~-'
ni ..ae> ... :<w. <„K..<, .xeM au nx c<,ea A-~ io >s-. _,o.~ ~.. a ,,a...,. ~ ,.. Z .C _'__ ~ .., ,0„ ._, = I:.
'i a ~ . a - wx , ~
~- ~ i
_ ,
as.oa< r ~..~ w<.'. <Qam
rwr.. r roc >. a« ..< . a- - -, r _.K~T. _-
a. . N. eue~~ <aw. >. ,w_a o ~ wo.<c cm.~.<>,.+.,..e _ -
~ r.~e-.[a„o..n a ,.ear <e~.~. it n t> owear<s :~ ..
..+. C'V Oev.... Me uf< o. tY y..... w<.n G pw,.Y.~.. pMm.',f Ta.... tai wsx t[x-r ~~• ~. '~
1 try~<rv rr~(.Y .. •i 1. VY ;r'K,(YM~v' ~• '[v. M'r. : - _ ~.
. ». ro x ' .,. N.L. .-. w'. o. ce. s .o..nv. ,... r.c. _ _ _ _ r - - - _ _ _ - - _ _ - - '.
~~• ~ ~~_'~~ = N oo'0r11• w - 60.00-~- ~ - -- = VICINITY fJ.A?
c ~ ~~. .. [ = 1 -
I N 00'01'09• w -35.66 ~' - - -' _ - - - - - -c - ~ -
r <e .; ~_ :: ~. tee" i a
SAR 0. ~ . 5.' [ 1. ~ / ~ s .c ~ CE~EF4 •7 ~° I.
9
;~ °~ - u. Te< xr xm~. anoevae GL ' F ~ ..E y~ ~, O V ~. ~ _ T ~ A -.. A.~
.> .~ >an+. > , yeo x c>na M e.yesxe - ~ /. ~~b d ~ ~
- ~ a. ° ~ -
<'
A
' ;~ ~ ~' ' nix > s.: b a ..
- O e _ - ~ -
~,nn. ~. -.<4 n lcs, ~.cn< <... _. _ ~ t,,S . ,~ # ~ _ 1`~ 9i 3.'.3ti ,+<
. .a -. wEST - 60.00 ` ~ t _5,~ N 1 ~_. ''1' ~ , - `~'.`` a9• -VJ..r 3NJaw*
C ~ >Lt L r<J, a~.>ti 1 FTC=
,.- Noari 56 oc~ , .F ~ CAN u~ - ,..raE ,'I - _ ~
r .• _ey-c• .er x e ~ W ~ JE
~ - r ~ >~ tt - 176.28 - : /_ -.
<,<, <~.~... ~» , :_ . _ _ v Q m - . z - SOUT?i - 90.00
. , ... .., :h n ..- A i , I. - - ~ ,: SURVEYORR . I
' ~ f-.-». .. ._ ~ c-v a -,- vim-.-• a se _ Q x _ WAD SIiRVEI, INS.
.µ - -- - I_,w.~1, i,C .- ;, - SCOT LOWE R.P_.~.S. I
_ - J - C - , ~ W : 4301 CtNTER S I RED
'" ~ "' _ "^`s"' - t' - - .._ - " n' T_ ` DEER PARK, TEXAS 77535
wz 'aa ~ ~ am ae~< sx ~ I
~, r .,« „ ~ ., .. m s ~ _ _ ~ ~ PHONE (7.3) 930-0201
i ' I ~~ ~> .
_. ---- H i C -.r'.'.' w,:~ : wz .A b r S _mi - 6.73
~. .~ ;, '9 - ~ _ 0 ~ MUNICiPA! ANC VEERING CC., INC. I
. ~~ _ 31 _ ,~ ~3, - - '~ -E~r - ui.0o - JOHN D. GHRNER, P. .
. , ~.<... _,. « 2. - _ ,I -- -- -~v: - _ -. ~,- r} -= 330' FECEP,AL STR=`' 1
j ~ ~~ ..n... C U R V E D A' 0. S 00'0'. C9 c 3.. °9 ? -
~sc„~1, - X30.. - ~ < PASADENA, TEXAS 7750
• - PHONE : ( 7i3 } 94i-E9EE
_ , i CWNER
_ i -- ~:~ ~ I I _ I --_ ~ _ LEGNA LAND D JELOPt~1 ` CC4=ANY
. ..~ .d<,n -.e ~ ,,.. ,.. ~M ..>.<> .o . ~, . ><.-,a.. K> , N ,..<~., . ~ =:. . ', :_ . i .. - ' - _ i GLENN ANG __, ?R~S~ O= `; ~ L
i I I S 1
~z.e w_sT ROAD
- . _.~ j° _. I "- I ~~ . :. BAYTOWN, TEXAS 7752C j
....,~. .<>,.~-- ~: ~ ~.. ~ ~ ~. , ~ __. PHONE . (2E1) X21-E~2' i
~~ __ i ... ~I ~. ~
<.:
_.. .~. ~... .,..x. i- I I
I ~ ~ - __~ _ ' PiNA_ PLAT
- -.. -. - ~ - -- -- I j
' I I i_ I ',,,^ I
-. ~ I _ ~
i A,_- ^
I - --- i SE.,~~CN V:~
,., .
.....
..._
__ - _ . .
...:. :. , ...... I _.._ ,
a-. iy ' ~. i ~ t j A . ~ ... 1 -_ _ -_-
r:
Summer Winds, Section I
Final Plat
• •
Staff' Report Summer Winds Subdivision November 20,1997
Final Plat, Section I
Requested Bv: Earl W. Wilburn, Jr. for Point Bayridge Corporation
Requested For: 34.5910 Ages of Land being Outlots 700, 701, 702 and 703 to the
W.B. Lawrence Subdivision Volume 83, Page 344, H.C.D.R. out of
the William M. Jones Survey, A~82, Hams County, La Porte, Texas.
(3700 Block of Underwood Road)
Present Zoning: Low Density Residential (R-1)
Requested Use: Residential Subdivision
Background: The Commission approved the General Plan on the June 19, 1997.
The developer agreed to the conditions as stated in the Planning and
Zoning Commission report. The General Plan has been amended to
reflect the recommended changes.
n I sis: The developer has submitted all documentation necessary for Final
Plat approval. The developer has agreed to the conditions for Section
I Final Plat; $11,375.00 payment of money in lieu of parkland. As
noted in previous reports, this figure is calculated on a $175.00 per lot
basis. The total for the entire subdivision is $21,350.00. This will
leave a balance of $9,975.00 due upon development of Section II.
The developer has submitted certified funds for Section I Summer
Winds park land dedication.
The covenants for Summer Winds have been reviewed and approved
by the City of La Porte.
Conclusion: Staff has reviewed the Phase I Final Plat and found it complies with
the Development Ordinance
Staff recommends Approval of the Summer Winds Phase I Final
Plat.
•
CITY OF LA PORTE
DEVELOPMENT ORDINANCE CHECKLIST
FINAL PLATS (APPENDIX D)
Development Name:
Type of Development:
Location:
Date of Commission Review:
Summer Winds, Section I
Residential Subdivision
3700 Blk. of Underwood Rd.
11-20-97
• 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
~ ~ >~IA
1. Name of owner ~f a company or (X) ( ) ( )
corporation, list name and title of
authorized representative).
2. Name of registered engineer or surveyor (X) ( ) ( )
who prepared Final Plat.
3. Legal boundary description of subdivision, (X) ( ) ( )
consisting of a metes and bounds
description of each line between each
boundary pant. This description may be in
written or tabular form.
4. Legal and special statements." where ( ) ( ) ( )
appropriate:
a. Owners' Acknowledgement (X) ( ) ( )
(Enclosure 1)
b. Lienholders' Subordination (X) ( ) ( )
Agreement (Enclosure 2)
c. Plat Accuracy Certificate ( ) ( ) (X)
(See Append'a F)
d. Final Survey Certificate (X) ( ) ( )
(See Appendix F)
1
e. Approving Authority Certificate ( ) (X) ( )
(Enclosure 3)
f. Amending Plat Certificate ( ) ( ) (X )
(Enclosure 4)
g. Vacation of Subdivision Ptat ( ) ( ) (X
(Enclosure 5)
h. Harris County Clerk Filing (X) ( ) ( )
Statement (Enclosure 6)
i. Return A1ap Agreement ( ) (X~ ( )
(Enclosure ~
j. Special Statements ( ) ( ) (X)
(Enclosure 8)
s
Development Ordinance Checklis~
Final Plats (Append'a D)
DOCUMENTATION:
1. Proposed Streets: Submit complete public
street construction drawings for approval
by the Director of Community
Development. (See PICM for criteria for
street construction documents.)
2. Proposed Utilities: Submit complete public
utility construcfion drawings for approval by
the Director (See PICM for criteria for utility
construction documents.)
3. Coordinate listing: A complete list of
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 Final Plat, marked with the
locations of each number code, is to be
submitted as well.
4. Utility Company Letters: Letters from
servicing utility companies approving the
easements shown on the plat for their use.
5. Private Easements: A copy of the
instrument(s) establishing private
easement(s) within the subdivision.
6. Private Easement Holders Consent: A
letter, statement or instrument from the
holder of any privately owned easement or
fee strip within the subd'nrision boundaries
approving any crossings of said e~asting
easement or fee strip by proposed streets,
utilities, or easements shown on the plat.
If adjustment of ebsting utilities is required,
said letter shall specify the nature of the
adjustments and the approval of the owner
for such adjustment.
SHOWN
Y N N/A
( X) ( ) ( )
( X) ( ) ( )
( ) ( ) (X)
(~ ( ) (~ )
( ) ( ) (X•)
( ) ( ) (X)
..' ~ ' ~' .Development Ordinance Chec~
' Final Plats (Appendix D)
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 Aoaroval Document: Any
documents specified by the City
Planning Commission in conditionally
approving the Preliminary Plat.
•
SHOWN
Y N
( 1 (Xi
N/A
( X)
Comments:
certificate - lan ua a omitted
#2:Item 4 i -Return ma a reement - lan ua a not s own
#3: Residential Parkland - 11 375.00 for Section I as not een pai .
Signature: Date:
_ ~ ~ - +. - 4 ~ ~ - x;'
, r"
~ ".
t -
1 ~r a .: V ~~ r
.:. s . sort a HIDK ._ „ -.. ,.: ~.,.. :r- .. -, -.-. ,- . ' - ' - Y -' ' r'~`' t - '~-.~ k ~ r
- CUYr< 7 MRI,fS , - i 9' - J. ` -nth `i ti2 ~, .'Y H .}h x
f
J >~
h 1~ ~ .
{
-'t
,~' ae. ~ • e+rre nwan ab !awN b
7.nnw neL LLG s 7q t9e~
O.+ve a M i9369e an aw reuer~.as~re er fa•w^93rot b taeq ,w w .emea~ `,° t r t ~- k .
. eal -Mi.4a n Od -Pp ~'a'1 r a ine. bfielLMa 4ebl6se ene roulos m .oa .m Y t ~ %
.wad eeeeae ro 6. r a we o~dee raerw. a a.ue feaeol met aroero awroroe ~ .+
Daeq
~~
rr m.ae1 am. v.a..a. ~... era.. eeeen.ero. eee odwe tnae aew m.. t '.
t
a e. er9e.e ad e..awwo. r..e .nees w a Dome iw mneDa er »:+, ~ N .~~ g -
euwee16r1 ant sKr N wna/ aq b.,n M~+O t4 fNh U W 'N .e Yefitroa. ~ ~ .: ~.~y, , ek1..
tumu. ~ 6.nn ,d,e anew as b [tiro aeeenro a aeew V . , . ,~' ~~ .. ~ , . '~4
Neww reernave e^a wrnra r -!s7 ~ ~ i~ Ha; ~'
OEIT~ t .; WtpUS ItMGTN tlIORD BEA9N0 CHORD LENGrN
Ct :.. db'll'23" ~, 25-00 21.03 52C77'J6"E ~:~ 2047
C7 27622 a6' : 50-00 297.19 N9YM'9t"E 66 67
D]
~6't1z3
zs.ao
27.0]
u7zz9'ot « t
2a+
Ca -. 00'5220 ~~~ 525.00 7.99 N6639't2f' 7.99
CS 7539 e5 :;. 50.00 13.60 50T59't9"E : t3S6
c6 75'3e •5' 50.00. 7].60. W68'u'20'Ye., t3 55
,., ,,
«SY2Y. tnr;^
Vic. ~ ,
. 0.+~
1..
.0 r.
~. ,
~.
i; - -
~~'
N ewtc ~e+W wro•+ .` r t~dk a t
'. o~ » IA) rr no1aiae.n~ P~ dw wva dwde mp + m a , aY'' ~ - ~ a o
^ ray ewn.w..... r . A':~a ~ d ti~+ t n - .. ~ ':'x s a t _ ~ o
rurrt, Ow.J ao ~r wrr. ~ a ores i2isa a~n.e : m .~ .[tie ref r1 ~ a ;i 'Y; d
V'ea/ Dlenotl b nw cemUUCtaD d e..er re^ I Iva"c~ rodn>, 'own aN Yaa b ~ ... {~• ' F ~ V !~J~;], '~F" t',~e
wanim w ev.. va. a tm sa .vrer. a wcD w.emve rao roam'r :,.yS~ ~ _ ,,i : HUUBER gEWlf(p,i"-~ dSiaNCC •r r - iN 4,~'' - o
.;. ... :; ._:, y,
,, r:'.Sv ,., t .. ..:- ..-~,Y r• i~'- a .,;2' "' ' - ..' ~ ir:':.; NM23't9 2t.39 ~~: '..3 ~ _'.r %''r . .,r ~6T RWO~ ~
'... Nn~, bwwe a +wr r~smn a r: wr•'o +ai r fr++r.r P5l hn m r~tr7 ~.
. .w. w d ae a.wr^. a ., as r oere~. o«n y.e.. ^.:.. so.a. rarr+ w a+e• ;,.~~~ r : ~, ~~ hs r36'dt 2t W ~ f z
" ,a.d rwa caned c.roa . ,od ~ . e.~. a so..y wse... v'^ta ,' .y ~ ~, f 7 ~, . ro0J52'Ot"Mr ~ 9.29 S }r<' - ,
;; M M UMM !rr+ Cany. r oq w ic.a^'~.ri egrq: er ra,x r.wK..eo' ro,e..:, ~, ['n . . • ~.: ~.: `, .,:,: T,7 ' )<J! w .q` - -..3 - ':
eewnenl s .e rt a q... m e. an.. d csev.eR ro no..row d ,°. ~ ,'. - .~. ` ~# i ~ ! t -.' NES2L51"E - 27 69 ~ ~ ;uRUGHt PKNY' d ~-, ,.
•aww we mvnre. . , f . ro^op -< , t ~~;
": .- r -'~~ ~ IS T NOS06'29'Y - 27.69'
'. ,; .. , , , , ,,, ;` ~~ '. - ~ ,.~ Sbrps•22°w . e.o6~ ;PROJECT `
hA+4t. aD.+n ^wee, eo.e,eei K ~e •o,eD d w rrw :,.~. ne ecoma . _ C6
r r.~ ~.'«~ r.,.:.~,,.~.,_ ~~..,,. a,.e...,. ~. '~ ac: _ _ , , `?,`;~~ ~ '` ';~, lr ~'` +aros•zz~ 6.os• ~~'LOCATION ~; ~'
r'eax aaeye.s.ero.aa. .weermw es.ma+n,.»..roa.a se- ~; '.
•v.an'+Aw+Dei~+d+t'1 nrbrrM>M x~",o.enen-. a.a+y .nor ~' '.~ ::> :`;. ~ "•'` ~
..: e+ww. KeM b..re+a-a r'e'ro_a!^fE •vrreD -.:. ~, ;:. ,;,^ ~ r ~ . .,.;~, ,:~~ c , ~i,~ ,4
u .... ., c. .. ~ -
..+,RVii1.Aw Milt a!h:hRw Iarb ^"rdonl Aa", - ^h'- -~:'Y•, E~ r .3, a p {
,?.r wew.a w.: ab,..d'aeOrF w a Sa+D+r ws s~e+.+oaeem y, .:_ a .,, mow. ~ ;.,.y5 <. r -
:.,.. pi~.~.~ fw e~.wFe we rra w m r .mute euw m ,a. { - .' a - 2.,~tia , f.. ' ,f~' ~ - ~ 5:~~ w ~ ~ t ~ r
-' rwns di,. tae er !swe.S re we afew ~.w er rest a pas~q: .; . ~ - a .: e .~.+,'4„ ;~~ ;. „ ~ . p' -!~' - { ;-~ 7
,.
aum. Oh dFta33 b 1N r3 a h nor IFa. r ado Sarv ~S - s`F . ~ „f . J - ' h , F=; - ~ 1$k 1 - w3.
,ra„e ~. r, ti .`Y,. dot- to pye -7 ~ ~~^-e- -e ,~3,'~~.n ~, le r:, r w' o:%` '-t i ,k '.
~, '; wo.+ Z tit ewer .'. .:. ... , .. :';r '"~. , ,.;. f*k { ..,e ~ ° ~
"; ro T(S'Yp1 N(11[pf. Sr++.-NS, i_:_ a !m Wrvbe :O.R' w.ea`F t3 ra~u'.. v '.x :. '~ :, . -::- • p = Sy e 3~ ..~,,. '1 l~J L ~~~ 1 .t4.
e m r ,q. >, +..• a De.. •e'+.er¢ w.~...~sv o. _'F; t , t, i ` ~ t ~~ 7 -~. ' 't ~ 1 ~ '+' 1 _ t <tOCATION MAP z
a,w.o w +. 9rrrwr ~ < Cv1, [r: aan- !, - ~ ~ 4 t }t ~ t~ r ~ 1., i Y= ~ - ¢,
~, e'e . r v+rab e.~wD :+e _:aq d ______ '.9T e _ '~' f '1 ~,j, '"~ , ~' t ~ { S ~. c.. .`
'i• v i y t~ ~ t . 5
~Jt'+(9, -. t1.re Mar rW t 1 da se +a l+q a s`.w. awe v,~re e•'l . ~~ ,,, 4. y.; o ~a.- I.'~ ~1'~ 1 ci',
~..+. ~>;.+ '3`~ ~J~''" ~ , r KEY fIAP 579-0
:,} i Ay~ ti~~
,.
r,.
fr^e. 94,a ~t k l - \ Z . ~7.
r ,
- rs, i~ ,oz-~ ~,
. ~ , _ ,, '
'~' ',t ; 'is.
,: .;k.
~ a 4~. e. ~
;: } ~:,
;' ~
:;':: ;';,.'°" _.~t~h..^.`. °.„ :~z.-..,"Z ~& wv~' ;:r.: _ .. ~ a ,,. sin s';- ,. ~ .,~...
-~ .. - t. ~ • >_:..... aua.+ t.-. Y~ -" •. ~ •..I ~C~.r ^:r '{~ w 9EC 00 d y,
t.{ z s2'C5'27 ' , 1 ~ ~l
` ..:. ~ ~ ~ ~ ', ;... to . sy,.Q r l ~ ~~ _,. - -_ 1 - ~ ~ "'"-~.~ ,.'f ~ ~ ,T. iMiS opG'-: ~ LfES rn•+rr(2~E Y"AREA OUIS40E ,tHE. 1001'FlR ROGO P,.MN.
s'e>F cr R,:aS ,; sr.~wr ~ v . ;.', , ' s :,.- ~ ~.. ~~ ~ C ~ ~ ~~.. ~'~. :,2 ~ ~'.~i f ~ .~,'~ .~: „'~ ~6 ~ ~ ~ aCCORC~.tiG ,iHE r.!.R U. N0. M2DiC09W J. DATE0. M(N£uBER 6. 1996
a,~r s { ,~ _'~ J `_~ 33 xi . by 5 ' R 1 3 agy -, itir < a ~ , :.~
[mR~K +it xcD~te r~wn~. a ,Ms xn aDS~r+ur ' t i '. f,i '; jy~ 'ft , ~ a[ ..y 9 ~. Y;7~ Yk . ~ : ~ t .J ~ : f ~-.~; sU c.~, rM,•.- ~ r -
wD[.em ,cs[rn a oa ..c tw.. es..r.. ar, ~ ~ e, 5 Sys ^, e, BX 2.- s91 :. '- Jy 5u~f +-~•:~- T d.sf ~ ~~~^5u a ~ wi^ .c ~ X
.wpr, 'o K ~ tK '"C °`.xsas rcY wi6 7 fS _ ~IJ ~ ~ k '~ .~ ,``.- , y , r ~ 1 ' ::.r ~ r a , +t;.i~G 9~, ..y
,::;.b S.ti'R~Eu '01K ~JetSwG a5T.e[.• r4 •,c~a~'D.E' : T r& ~ ~ "' ..,.}:-+;^-"-S'-"7`~'~~ _ ~ y "~i+
r• .,t, otc--m rK srt tae >6 a~w•a oo a.,~ ,~" w a e;, es. ~,,,_ =- .L` `,t p-`' OE'+ OPER: ~ J~1A4ER WINDS C L C
+caw r.rn ~,, ,.~ 4t[~-- _ ,tea c ~: ~ k c W r ~ ~ , , , , ~
oi'a~ ta..1 y PR' ID_NT: ,;OSEPH`G:"DO
p, _ `."_'"~;.'.. ` ;.. '^ ,oDSV cru ~d ~7.~ ~ c ~'4ta -
_ . _-.
- 7^t~ JrntD r nw(~ +DC [C U JTtt 'K9 _J, rY NC S ~„~; a { ~ ~. R +%4
., f' f ~<. , SE' ETARY: EARL W: WICBURtJ,'J , s ;,
.. .: -.
~'
.y
;,~, ~ . _ .ai ,. ,~;,_ ,,~ AD ESS: 7802 PRESTON ROAD -
-:. .. ., -
w
.. " rmdr „z, a .., ra yws tai,ur, ~ ^ ~ . , , 'r , . c i'' •s 6 s , PP$ADENA..7X; 77503 , t^h~' .E
- r. ,, . I SETD522's ~ ,{; . ; -.... ~ ~ ,0 ~9~ 9 'b^ ;x
~,';`.~ K - . Or(!5 eD0 KtD66 fY a ~M W+6. ^( ,' ~. ~ : ~ `:~f; . 7 7 :,:.. .. ..2~ 25 6~'Y ~ ~ 't
-:~~.r+nn~x5e*eo r'~t M'nwrOSaCEe :vac. s:~aat .:t?4~ ..'.Cf< /,/ ~ ~;. liY~ ~;, -:.nv~~o~~ yyle . ~ ~f~~~ ~~i~ .-e ~~~ ° }i ~A t" ,
lJ n,r_ j
. ,
~~ SK' .EY [aC RCx,Kt: Br +S'ED4NI' 7r 9(C60.*:0..a[_:_~ D4L__"',!'A :,y. ~ ~ ~ _ - er,.~r. ` z ~.
,.;, N75e 19Y t ~~.~..,-.{ :,*y1 !R , f ;,1.{ 'ln ke e-. 4 \r ~-~ ~M1~ ,y.
= -: or M d1Rrv;6 KCJ9A.x .r9e5 mod,:. Wo6. DD !E91.' ~ +u ;,nwz s<a 710 OL ~ ~ ~ ~JD , eu_e . ' ,m n" s n ~~• ,~. .,„t
*::
~wR as A+LRr31 w 54^ ac w04('Q(a111,A AIC Esx4'a6 Sew, ~ ~: t" .,"~. ':yh ~. to :'~. F a.' # \ .•, t " a .r
rt9tx!o stc nu ae.c D6ee• r~ a,c_.t+uf6.M =asc>c ~.^os y sv'ta ~,.~ .. _ _:.~: ~~ 3! ;"'' r :..:, ' , :~.`~:,~ . e ': " >v .,^.~,, ENGINEERS.::. ~ 't
., r ,:. : c i haw57? ,.. ~ ,. , _~_ , r. ,,~ . , ~ g ' "~' ~,:, ,'; EN E<R: ESOR ~GONS4JLTWG. jNJ
,. ,~ , -
;; ±w'Nx NCB ~moa r~ sue vae.. N~e~;g~eer y { ~~ , ,+ _'. y ..;~sa~., h ~,'~: ~ P $ `-'~ ' u ' C ~ ~ ~ R: ESOR CONSUCTYNG'ENGINEERS;`•1N.^,
Sun 6 ~RUS ~~~ ~ +.tCD ~ '~ - p, n -O t t
[:cat rc M asosr,~m anar a as m aDwh:~ 'C ~_:,~ g . t+~,a~` ~ ~' o
.DD6nm oc9w -a K ,o [ -t aria «csc •~t - ~ ']• ~ ~c r ~' ~ _ ; ~ o - ~. ,
wS S Su65:9tlEl '0 M'aSSSY eE'eu{4t e+m ,enorfx~ rC K ><' ~~ . ` + O ~ e Y a
.. ooai ~,mn re s+e[ rot ~c ~sua,a »m A.RDegs ~,,~' ~ R'l+ ' ~ 8 .k t, ar. de 3 t ,~ "-~ -`f - ,. ' .~ '"
C,LN leQ9 W IurO MQ S6¢ S 6nCL "'K .~ 'JM ,X ~.~- Ml S ~ .t .. W. Sy J. ~ /~ ~v / "n
y~\N`~ 4V awm ~~.'e 40 19 •.y" a Fl ' ~~
t ~~ -
dru+ D1.6C a Mp ,09 rW.dS ra.~'a 'ETAS ~ ~ 40 66' 1 _6 .` .,p N 9 G ~'' S 7 f,' h ~ ~ ^ - - ;..^ - -
_ ~,TDSU-E~_ ~ = ~T ~ FINAL PLAT OF.
t
an Dro9pro6 aa,'e0em emrtAna _ s~ e<m Y m,,.n is f ""44yy r _
iNK K 7C Q9EiY our K M D.rau,G u011}pF fAaY6y0e - ~ 3 ~ 7 Yiti ~
apt dnx:DDw'E. 'Exs ,d weatc *es DSlr , ~~ ~ 5 ~, __~ ~ f UMW ER WINDS SUBDIVISI
S
xnrpnar;r, rr« 'uE p0:ewiCE ~ °•c , n n :owr+t .ro g~" . 9~ 6Y` .. D,~ ', " -" 1 e ~ • r 9 - ---
' ' ,ww+aeo M REt.09lN,C a *DS D,.- ~ ~ fua a ___ •99 . !+075e ~"e! ~ -. -'J C ~. # < -
o
~~ .._ ,7 ... 'a," .-t- 1 ,e ~ .:.~f-:~ 731 Rai ~ Gamy'.'
SECTION ~~ flNE
- _ Yra '. ~-ate' „~ 1 .r ~ fJ3 ~'
,:°°~. .~¢.~ ; t66.~a.], .R , ° < t, ~ RESIDENTIAL DEVELOPMENT
,s
' f w _ - _ - e ~` t6" ~ , ;t ~ -- CO.~ ' 1NiNG 65 LOTS, iN 3 BLOC~(5
r_ rO''z1'"W ~ 22' 2a.20 ~9
sr ~ 111 `
. - :.Dear[ em Erw4'D ounwe .aomc D~w++e .. 79 8 `.. 2e 23 ~ ~ _~ - , , " ',
-t-
uro :a*u;owsSa ~r~~,~~ ~ - ~,a~Jo---- ~_ =fi- ~ ~ AI CNE RESTRICTED RESER`!E
,2~' .,~~" -~' SgTD522W,De•-, ., ;, NA'~ NG 19.5]3D..ACRES OF :.;LAND
~:
' YCfKtwr•, LoDaD,E ow.++.c i... _ _ - cam' ,LOAD :..
.,.. .
- ~a=~ _ - . Imo' RA..., _ '` _.---- ~ BEING UTLOT'S'-700, 701, 702 AND ' 703
4< : y
.,r,< E __ - - - -- `.~ .N _ TO T B ~lJ. B. ~WRENCE SU~DhlISIQN
... - ,
- ~ r
,.~:.~.n,~.,.~.•..~a,k>~d..,m»w~~.~a ~.,. .. ~ ~ y ~1'O~Ufv±L 83, pAGE344, K.C.D.R.
ae •D.er9 a se+.er anM :ea M as awed, ea.e.,e m. naD, a ..Over wnwo.o .'. - ~ _
- rm ,^r euon.aen aw as w eordar ea+e>, eagro Done vd a ease +a+ two ~ ~ r --
.. a. ~.., .m r..-,~...~ .. ~. ,a ~ „~ ~~, ,~,.. dn,,. r~ a~ ,M . ~ 0 U T : 0 F T H E
w ea9aaaaar aan.,ee .a M -era ..wow D ~r ar d Eeoarr o..e.a..t oe,w.. - i
~, '
S
yet*4 ~~,~f,~~ . WiL ^AM M. JONES SUr2VEY, A-4R2
M e
_ * `: ,-: 3 ~:_e°"" CITY OFt Lc~ORTE, HARRIS COUNTY, TLXA.S
,'.
JMn J 9awgDe[ 9312 ,of9f 1 9mroac .:. .'. ~ .a " ; .,. -~~ .N l~? d ~' ~a .. :}` ~. . - ::
,aae Rpmatgn w. 167. 1971 : '.* W a s
.~
-.,, x r
Y
.. _, ... '~ 5.
- t 6ne^N e. +aa•en. oree D.:awr to-n r mine Cann. a ...sr enih ~a - o' ... ....
- re e1M ieaunae .Dn 9e eenezae d euoeneede^ .m eee fr ipnmm.. my - - : ~. - .~ ) `-~ i
'YPICAL COT SIZE• 65'x120' RECEIVED
eK n _ te9J u .. 'aw ~. N a ''rn. eaoe w ___ - - }: ~ k
a ua um Rwwa a ,w.a twae. L.e o, err eewe,a an ~ 't9a a -
ve~. _ ,. ~ ~, ~ INSpEC110NS
' ~ z4 .~ ~ FICWG DATEi JUNE 79, 7997 9-4-49
6„`°.,ac„~"`,°a•""" °o'D' 1 Dr ~ FRED D. TROMPSON, P.E., PRESIDENT
7~aar ' , V ~~ CONSULTING ENGINEERS. INC.
.,L eta rn feu u,E fA[ ,n 91aL ma nls . roc R9+i ]ly9n .u Je~; m~,.r
_s~R a r teu Si4A War[. ,Ea+6 /rSn DwC f>e,i NA-11ae
~t r ~;:,:
l~y=
f
yq b.
..
~,
i ~
DNISION 8. SITE PLAN
Section 106 236 Certified Site Plan Required
Any person desiring to improve property shall submit to the City of LaPorte Planning
Department a certified site plan of said premises and information giving the location and
dimensions of existing and proposed buildings and parking lots, location of easements
crossing the property, any and all encroachments, and other information which may be
necessary to ensure conformance to this Ordinance. 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;
2) Said construction is on lots or tracts that have been surveyed by a registered
surveyor, and have all property comers permanently marked and visible; or
3) Said construction consists of the modification of an existing residential structure.
Section 106-237 Conformance with Thorou hfare Plan.
All buildings shall be placed in such a manner that they will not obstruct future streets
which may be constructed using existing rights-of way or dedicated rights-of--way in
accordance with the adopted thoroughfare plan of the City of La Porte.
Section 106-238 One Principal Building Allowed Per Lot
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 106-239 Aoalication of Yard and Parking Requirements to Through Lots.
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.
0:\CLP10rdlnanceslNon-Conforming Uses
Working Copy -11/17/97
•
Section 106-240 Minimum Building Setback
Except in a planned unit development, no building shah be located closer than- ten (10)
feet from any existing or proposed street right-of--way.
Sections 106-241-106-260. Reserved
DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES
Section 106-261 Generally
The general public, the Planning and Zoning Commission and the Board of Adjustment
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 and
Zoning Commission and the Board of Adjustment to assist the City Council in achieving
this goal by advising the City Council of their recommendations thereon. As necessary,
the City Council may from time to time on its own motion or upon cause presented by
interested property owners inquire into the existence, continuation or maintenance of any
non-conforming use within the City.
1) Conformin4 Use does not Change to Non-conforming Use if Adjacent
Property Subsequently Changes Zoning Classification
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 anon-conforming use solely because the use changes on an adjoining
property.
2) Accessory Use of Structure.
No structure that is accessory to a principal non-conforming use or a non-
conforming structure shall continue after such principal use or structure has been
terminated, removed or otherwise brought into compliance, unless it complies with
all of the regulations of the district in which it is located.
O:1CLPlordinanceslNon-Conforming Uses 2
Working Copy - 11 /17/97
•
Section 106-262 Non-Conforming Structures
1) Limitation on Re4ulation.
No structure, otherwise in accordance with the provisions of these regulations or
an amendment hereto, shall be rendered or be deemed anon-conforming
structure solely for a failure to comply with provisions relating to Article V,
Division 2, Accessory Buildings, Uses, and Equipment, 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 unless the enlargement is made in
accordance with the provisions of section 106-262 (7) of this Ordinance.
3) Accidental Damage to Structure
If a building occupied by non-conforming uses is destroyed by fire or the elements,
it may not be reconstructed or rebuilt unless it conforms with the provisions of this
Ordinance. 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 of the City of LaPorte, Texas 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 repairs but not for enlargement or
reconstruction of the building.
4) 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
sub-standard under the codes and ordinances of the City of LaPorte, Texas, and
the cost of placing such structure in lawful compliance with applicable ordinances
exceeds fifty percent (50%) of the replacement cost of such structure, as
determined by a licensed appraiser, on the date that the Enforcement Officer
determines that such structure is obsolete or sub-standard. The Enforcement
Officer of the City of LaPorte, Texas shall notify the owner of such non-conforming
structure, as shown on the certified tax rolls of the City of LaPorte, Texas, as to the
date of termination of the right to operate and maintain such non-conforming
structure, and as to the procedure to be followed to bring such structure into
compliance with this ordinance, or other codes and ordinances of the City. 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.
0:\CLPlordinances\Non-Conforming Uses 3
Working Copy -11/17/97
.. • •
5) Determination of Replacement Cost
In determining the replacement cost of any non-conforming structure, the cost of
land or any factors other than the non-conforming structure itself, shall not be
included.
6) Repairs and Alterations.
Repairs and alterations may be made to anon-conforming building or structure;
provided, that no external alterations shall be made except those required by law
or ordinance, unless the building is changed to a conforming use. No additional
dwelling units shall be added where the 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.
7) Enlargement to Non-conforming Structure.
A structure that is non-conforming may be altered, remodeled or otherwise
improved, but not enlarged, unless the Board of Adjustment determines (pursuant
to Section 106-191) that such enlargement will not result in an increase in the
degree of nonconformity with the regulations and development standards of the
district in which it is located.
a) Submission of Schedule to Eliminate Non-conformity. The applicant shall
present to the Board of Adjustment a schedule for elimination or substantial
reduction of the nonconformity over a reasonable period of time not to exceed
20 years, or setting forth the reasons why such action is not reasonably
possible.
b) Aiaaroval of Schedule by Board of Adjustment. The Board of Adjustment
shall review and make any revisions found necessary to ensure that priority is
given to elimination or reduction of those non- conformities that have significant
adverse impacts on surrounding properties, and which can reasonably be
ameliorated taking into account the effect of the configuration of the lot and the
location of existing structures and the cost of eliminating or substantially
reducing such non-conformities.
8) Abandonment of Non-Conforming Use or Non-Conforming Structure
A non-conforming use shall be deemed abandoned when the use ceases to be
used for the non-conformity for a period of one-hundred eighty (180) consecutive
calendar days. The non-conforming use, when abandoned, shall not resume.
A non-conforming structure shall be deemed abandoned when the structure
ceases to be used for the non-conformity for a period of one-hundred eighty (180)
O:1CLP\Ordinances\Non-Conforming Uses 4
Working Copy - 11117!97
• •
consecutive calendar days. The use of the non-conforming structure, when
abandoned, shall not resume.
When it has been determined by the Enforcement Officer that anon-conforming
use or structure has been abandoned, notification shalt be made by certified mail
to the owner (as shown on the certified tax rolls) of the abandoned non-conforming
use or structure. The owner or his representative seeking to maintain such non-
conforming use or structure may appeal the Enforcement Officer's decision to the
Board of Adjustment. The property owner or his representative seeking to maintain
the existing non-conforming structure shall have the burden of proving to the
Board of Adjustment in such appeal that the structure or use has not been
abandoned for a period of one hundred eighty (180) consecutive calendar days,
and that the owner or his representative did not intend to abandon the
non-conforming structure or use during said one hundred eighty (180) day period.
Section 106-263 Non-Conforming Uses
1) Continuance of Non-Conforming Uses subject to this Ordinance
Subject to the provisions of this Ordinance relating to extended useful life 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 this ordinance,
provided that such land area or floor area shall not be increased, except that such
limitation shall not apply for farming uses.
2) Changing aNon-Conforming Use
Any non-conforming use or structure may be changed to a use conforming to the
regulations established in this ordinance for the district in which the
nan-conforming use or structure is located, or the non-conforming use or structure
may be changed to a use or structure more conforming to the zoning district in
which the non-conforming use or structure is located. For purposes of this section,
the term "more conforming to the zoning district in which the non-conforming use.
or structure is located" shall mean a less intense use, (per the Standard Industrial
Classification Code). Whether or not a use is more conforming to the zoning
district in which the non-conforming use or structure is located is a question to be
determined by the Planning Director, subject to appeal as provided in this Division.
A non-conforming use or structure so changed shall not thereafter be returned to
anon-conforming use or structure.
Section 106-264 Notification of Non-conforming Status
o:1CLPlordinances\Non-Conforming Uses 5
Working Copy - 11/17/97
• •
Owners and occupants of property subject to extended useful life and/or termination of
non-conforming status pursuant to this Ordinance shall be notified of such status by the
Planning Director~of the City of La Porte. The Planning Director shall mail written notice,
prior to or concurrently with the notice of public hearing pursuant to 106-266, to all
persons having an interest in property (as shown by the tax rolls of the City of La Porte)
where the property is located and to the occupant of each non-conforming use in the City
of La Porte by regular and by certified mail, return receipt requested. The notice shall
state that the use is subject to a determination of its extended useful life and termination
requirements and shall specify the procedures for obtaining an exemption from the
extended useful life and termination requirements of 106-265 and 106-266.
Section 106-265 Aoalication for Exemption from Extended Useful Life
Requirement.
1) Aualication Requirements
An owner or qualified occupant of anon-conforming use or structure may seek an
exemption from the extended useful life and termination requirements of Section
106-266. The grounds upon which such an exemption may be sought shall be
either: (i) that the non-conforming use or structure has no adverse impact upon
allowed land uses in the district in which it is located; or (ii) that the non-conforming
use or structure can be made compatible with such surrounding uses upon
compliance with specified conditions. Such owner or qualified occupant shall
submit an application to the Planning Director, on a form provided by the Planning
Director, no less than 10 working days prior to the date scheduled for the public
hearing being conducted pursuant to Section 106-266
2) Board Review and Decision.
The Board of Adjustment shall hold the public hearing pursuant to Section 106-
266, following the procedures for hearings before the Zoning Board of Adjustment
established in the Zoning Ordinance; and shall consider the application for an
exemption from the extended useful life and termination requirements of Section
106-266. The owner or qualified occupant shall have the burden of proving the
grounds for the exemption sought. Upon conclusion of the hearing, if the Board of
Adjustment finds that the use of the property has no material adverse impact upon
the land uses permitted in the district in which it is located or can be made
reasonably compatible with such uses through the imposition of specified
conditions, it shall exempt the non-conforming use from the extended useful life
and termination requirements of Section 106-266, and impose such conditions as
it finds necessary to ensure reasonable compatibility with surrounding properties
and uses, including, but not limited to: (i) required improvement of (or modifications
to) existing improvements on the property; or (ii) limitations on hours or nature of
O:1CLP\Ordlnances\Non-Conforming Uses 6
Working Copy -11h7/97
• •
operations; and (iii) a specified term of years for which the exemption shall be
granted.
If the Board of Adjustment does not authorize an exemption from the extended
useful life and termination requirements of Section 106-266, it shall after
considering applicable law, information presented at the hearing and other factors
deemed relevant by it, establish an extended useful life period for the non-
conforming use in accordance with Section 106-266.
3) A eal.
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 211.011 of the Texas Local Government Code. Unless
properly appealed within 10 days of the date the decision is filed in the Board of
Adjustment's office, the decision of the Board of Adjustment is final and
incontestable.
Section 106-266 Extended Useful Life and Termination
1) Extended Useful Life of Specific Non-conforming Uses.
Non-conforming uses shall be terminated at the end of an extended useful life
period established by the Board of Adjustment in accordance with this Section.
The extended useful life period to be established shall not be less than 5 years,
nor more than 20 years from the effective date of the Order of the Board of
Adjustment, unless the Board determines on the basis of expert appraisal
testimony that a greater extended useful life period is necessary to enable the
property owner to recoup the current remaining useful investment in the property
made prior to the date of the order of the Board- of Adjustment establishing the
extended useful life period. The Board of Adjustment, shall hold a public hearing,
as required by Subsection (2) below, to establish an extended useful life period or
to consider an application by the non-conforming user for exemp#ion from the
extended useful life and termination requirements set forth in this Section 106-266.
If the Board of Adjustment grants an exemption, the use shall be .known as an
"exempted non-conforming use." If the Board of Adjustment does not grant an
exemption, it shall establish an extended useful life period subsequent to the
hearing procedure established in Subsection (2). If an application for exemption
from extended useful life is not submitted, the Board of Adjustment shall establish
an extended useful life period pursuant to Subsection (3).
2) Public Hearing.
a) The Board of Adjustment shall hold a public hearing to establish an extended
useful life for each non-conforming use subject to notification pursuant to
0:\CLP\Ordinances\Non-Conforming Uses 7
Working Copy -11/17/97
•
Section 106-264, or to consider an application for an exemption from the
extended useful life and termination requirements of this Section as allowed in
Section 106-265 and this Section, but subject to the following notification
requirements:
i) Written notice of the time and place of a public hearing, by certified mail,
return receipt requested and postage prepaid, to the owner and occupant of
the non-conforming use at least 30 days prior to the date of such public
hearing;
ii) Publication at least 30 days prior to the date of public hearing of a notice of
the time and place of the hearing in at least one newspaper of general
circulation in the City; and
iii) Mailing of the notice of public hearing at least 30 days prior to the date of
the public hearing to property owners within 200 feet, as determined
pursuant to Section 106-89, of the lot line of the land subject to the
application, inclusive of streets, alleys and rights-of--way, and to civic
associations registered with the Planning Director, whose boundaries are
wholly or partly within said 200 foot area
b) Upon notification of the time and place of the public hearing, the owner or
occupant of the non-conforming use to be subject to the extended useful life
requirements of this ordinance may apply to the Planning Director for an
exemption from extended useful life and termination pursuant to Section 106-
265 and include written information and documentation supporting a claim for
an exemption from any extended useful life period. In the event the Board of
Adjustment does not grant the exemption applied for, it shall establish an
extended useful life period based on (i) applicable law, (ii) evidence submitted
with the application, (iii) evidence presented at the hearing and (iv) other
factors consistent with the purpose of this Zoning Ordinance to allow the owner
to recoup the current remaining useful investment in the use made prior to the
effective date of the order of the Board of Adjustment establishing the extended
useful life period, specifically including but not limited to the testimony of
experts in the field of property appraisal. The owner's or applicant's failure to
submit evidence to support an extended useful life period shall be considered a
waiver by the owner or applicant of any right to contest at the Board of
Adjustment the length of any extended useful life period that the Board of
Adjustment establishes.
3) Extended Useful Life Period.
In the event the owner or qualified occupant does not apply for exemption from an
extended useful life period, the Board of Adjustment, at the public hearing, shall
establish an extended useful life period based on (i) applicable law, (ii) evidence
presented at the public hearing and (iii) other factors deemed relevant by the
O:1CLP\Ordinances\Non-Conforming Uses $
Working Copy -11/17/97
Board of Adjustment, to allow the owner or qualified applicant to recoup the current
remaining useful investment in the use made prior to the effective date of this
Zoning Ordinance, specifically including but not limited to testimony of experts in
the field of property appraisal. The extended useful life shall not be for less
than 5 years nor more than 20 years from the effective date of the useful life
period, unless the Board determines upon the basis of testimony from
experts in the field of property appraisal presented at the public hearing, that
an extension of the useful life period is necessary to enable the properly
owner to recoup the current remaining useful investment in the property
made prior to the date of the order of the Board of Adjustment establishing
the extended useful life period.
4) End of Extended Useful Life Period.
At the end of the extended useful life period established by the Board of
Adjustment for a particular use, the use shall terminate.
Section 106-267 Revocation of Non-conforming Use Status
Upon the recommendation of the Planning Director or a motion of the Board of
Adjustment, the Board of Adjustment shall undertake a review of (i) any non-conforming
uses; or (ii) any exempted non-conforming uses established pursuant to 106-265 or 106-
266 and, after a public hearing and investigation as to the particular use in question, may
require the revocation of the use status and the extended useful life period or may order
the termination of such use. For purposes of this Section 106-267, a use described in (i)
or (ii) above, shall be herein sometimes referred to as a "Revocable Use."
1) Initiation of Revocation Procedure.
The Board of Adjustment shall undertake a review of any Revocable use only
upon: (i) its own motion, upon a determination that a reasonable probability of one
or more grounds for termination under 106-267(3) exist; or (ii) a report from the
Planning Director recommending revocation of such Revocable Use, which shall
be based upon a determination that a reasonable probability of one or more
grounds for termination under 106-267(3) exist for such recommendation.
2) Board Notice. Review and Decision.
Upon its own motion, or upon receipt of the Planning Directors report
recommending the revocation of the status of the Revocable Use, the Board of
Adjustment shall hold a public hearing to consider revocation of a Revocable Use.
Prior to holding such hearing, the Board of Adjustment shall provide public notice
as follows:
a) Written notice of the time and place of a public hearing, by certified mail, return
receipt requested and postage prepaid, to all persons having an interest in the
property as shown by the certified tax rolls of the City of LaPorte and to the
O:1CLP\Ordinances\Non-Conforming Uses g
Working Copy - 11/17/97
•
occupant or occupants of the property containing said Revocable Use at least
30 days prior to the date of such public hearing;
b) Publication at least 30 days prior to the public hearing of a notice of the time
and place of the hearing in at least one newspaper of general circulation in the
City; and
c) Mailing of the notice of public hearing at least 30 days prior to the date of the
public hearing to property owners within 200 feet as determined pursuant to
Section 106-89, of, the lot line of the land subject to the application, inclusive of
streets, alleys and rights-of--way, and to civic associations registered with the
Planning Director, whose boundaries are wholly or party within the 200 foot
area.
Upon the conclusion of the public hearing, the Board of Adjustment shall
determine, on the basis of written findings of fact and conclusions, whether the
status of the Revocable Use should be revoked and the use amortized or
terminated. In making its determination whether or not to revoke, the Board of
Adjustment shall consider the standards set forth in Section 106-267(3), and 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 extended useful life period
for the owner to recoup the actual investment in the use made by the owner
prior to the time the use became non-conforming, in accordance with the
procedures set forth above. The Revocable Use shall terminate at the end of
the extended useful life period or the termination date, as the case may be, as
established by the Board of Adjustment.
3) Required FindinQS and Standards in Board-Determination of Revocation
To support a finding and conclusion that revokes the status of a Revocable Use
based on written findings of fact and conclusions, the Board of Adjustment must
find any of the following (i) a violation of any condition Imposed by the Board of
Adjustment pursuant to 106-265(2); (ii) that the continuation of the Revocable Use
materially and continuously interferes in an adverse manner with the
implementation of the legislative purposes of the zoning district in which the use is
located, or (iii) a pattern of repeated occurrences of one or more of the following
with respect to the Revocable Use:
a) Noise above the maximum permissible limits, as set forth in the Zoning
Ordinance, or in any other City ordinance;
O:1CLP\OrdinanceslNon-Conforming Uses ~ p
Working Copy - 11/17/97
r.
•
b) Traffic generation of more than twice that of the same use or use of a similar
nature, based on rates set forth in the most recent edition of the Institute of
Traffic Engineers (ITE) Trip Generation Manual;
c) Noxious or annoying emissions of odor, smoke, wastewater, light or other
matters;
d) Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m.
and as such exacerbate general noise or traffic;
e) Lack of substantial compliance with applicable City codes and ordinances;
f) Police reports on alleged criminal activity associated with the non-conforming
use; or
g) Similar factors.
4) Non-conforming Uses Not Subject to Revocation of Status.
Notwithstanding any provisions of this Section 106-267 that could be construed to
the contrary, a residential use that is non-conforming in the particular district in
which such use is located shall not be subject to revocation under this Section
106-267.
5) Conditions for Continuation.
In making a decision not to revoke the status of a Revocable Use pursuant to
Section 106-267(3) the Board of Adjustment may impose conditions on the use
that are necessary to accomplish the purposes of this section, including, but not
limited to required improvement of, or modifications to, existing improvements on
the property or limitations on hours or nature of operations.
6) ApPea1.
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 211.011 of the Texas Local Government Code. The
decision of the Board of Adjustment is final and incontestable unless appealed to
the district court within 10 days after the date the decision is filed in the Board of
Adjustment's office.
Section 106-268 Non-Conforming Lots of Record.
1) Continuance of Non-Conforming Lots of Record
0:\ClP\Ordinances\Non-Conforming Uses ~ ~
Working Copy - 11/17/97
;' • •
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 as provided herein. No new
structure shall be placed thereon except in conformity with the applicable controls
of the district in which the lot is located. No new use or change in occupancy may
be undertaken on non-conforming lots of record, unless said change in use or
occupancy is first submitted to the Planning Director for review. The Planning
Director shall review said proposed change in use or occupancy, for purposes of
insuring maximum compliance with this ordinance, taking into account the
particular restraints imposed by the degree of non-conformity of said non-
conforming lot of record. The Director's review shall include, but not be limited to
parking, loading, vehicular access, landscaping, setbacks, utility availability, and
other requirements as imposed by this ordinance.
Decisions of the Planning Director made pursuant to provisions contained in this
section are subject to appeal to the Board of Adjustment as provided in Section
106-89 of this ordinance.
2) 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 anon-conforming lot.
Section 106-269 Zoning of Annexed Property
1) Temiaorarv R-1 Classification of Annexed Property,
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 annexation.
2) Developments Presented to City Prior to Annexation
In the event a development or subdivision is presented to the City Planning and
Zoning Commission prior to annexation, that specifies a particular land use, the
Planning and Zoning. Commission may recommend zoning categories to the City
O:1CLP\OrdinancesWon-Conforming Uses ~ 2
Working Copy - 11/17/97
•
•
Council, after hearing, so that permanent zoning may be considered
simultaneously and in conjunction with the annexation proceedings.
3) Issuance of Building Permits in Annexed Areas
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.
Section 106-270 Termination of Liquor Sale Establishments Bars Lounges and
Taverns in Residential or Neighborhood Commercial Districts.
All liquor sale establishments, bars, lounges and taverns in operation in Residential
Districts or Neighborhood Commercial Districts, as of the effective date of this Zoning
Ordinance, shall not have anon-conforming 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 renewal or extension of such license or permit if such renewal or
extension is issued on or after the effective date of this Zoning Ordinance.
Sections 106-271 -106-300. Reserved.
0:\ClP\OrdinanceslNon-Conforming Uses 13
Working Copy - 11/17/97