HomeMy WebLinkAbout08-21-08 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
Minutes of the Meeting
PLANNING AND ZONING COMMISSION
MINUTES OF AUGUST 21, 2008
Members Present:
Pat Muston, Hal Lawler, Dottie Kaminski, Doretta Finch, Nick Barrera, Les Bird,
Kirby Linscomb, Jr., David Janda (Alt 1), and Lou Ann Martin (A It 2)
Members Absent:
Paul Berner
City Staff Present:
Planning Director, Tim Tietjens; City Planner, Masood Malik; Assistant City
Attorney, Clark Askins; Planning Assistant, Shannon Green, and Planning
Coordinator, Peggy Lee
Others Present:
Numerous citizens
1. CALL TO ORDER.
Meeting called to order by Chairperson Muston at 6:00 p.m.
2. ADMINISTER OATH OF OFFICE TO APPOINTED/REAPPOINTED MEMBERS.
Clark Askins, City Attorney, administered the oath to newly appointed member Lou Ann Martin
and reappointed members Hal Lawler and Les Bird.
3. CONSIDER APPROVAL OF JULY 17, 2008, MEETING MINUTES.
Motion by Dottie Kaminski to approve the Minutes of July 17, 2008. Second by Nick Barrera.
The motion carried.
Ayes:
Nays:
Abstain:
Kaminski, Barrera, Finch, Linscomb, Muston, Bird, and Lawler
None
None
At this point in the meeting, Chairperson Muston resigned her duties as Chairperson
turning the meeting over to the newly appointed Chairman, Hal Lawler.
4. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE
PERMIT REQUEST #SCU08-006 FOR 0.35 ACRE TRACT, DESCRIBED AS LOTS 24 THRU
29, BLOCK 55, TOWN OF LA PORTE, VOLUME 83, PAGE 345, HARRIS COUNTY DEED
RECORDS, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY,
TEXAS AS REQUESTED BY MR. BRENT HECKENDORN FOR THE DEVELOPMENT OF AN
OFF-SITE PARKING LOT FOR ALLEN & KERBER AUTO SUPPLY LOCATED AT 518 WEST
MAIN STREET. OFF-SITE PARKING IS CLASSIFIED AS A CONDITIONAL USE IN THE MAIN
STREET DISTRICT (MSD) PER THE CODE OF ORDINANCES.
Chairman Hal Lawler opened the public hearing at 6:05 p.m.
A. STAFF PRESENTATION
Staff's Report was presented by Masood Malik, City Planner. The applicant, Mr. Brent
Heckendorn, has requested a Special Conditional Use Permit for development of an off-
site parking lot for Allen & Kerber Auto Supply located at 518 West Main Street.
Staff previously met with Mr. Heckendorn to discuss the possibility of him applying a
masonry product to the front of the existing building at 518 W. Main as a condition of the
special conditional use permit.
Planning and Zoning Commission
Minutes of August 21, 2008
Page 2 of 5
Public Notices were mailed to nine property owners located within 200' from the subject
property. The City received two responses in favor of the request and three notices were
returned undeliverable.
B. PROPONENTS
Jerry Carpenter, citizen of La Porte since 1963, owns the property adjacent to Mr.
Heckendorn. He favors the parking lot since parking is a problem on Main Street.
Phillip Hoot, 927 Seabreeze, favors the request as it helps existing businesses on Main
Street grow and prosper.
Margaret Anderson spoke of her concern about drainage issues.
Brent Heckendorn, 518 West Main, has owned Allen and Kerber Auto Supply since 1988.
The business has been located on Main Street for approximately 53 years. Mr.
Heckendorn has seen his business double over the past five years and that growth
means more employees. The current parking situation is now inadequate. He is open to
allowing the new parking lot, if approved, to be utilized during Main Street events.
Mr. Heckendorn noted a prior discussion he had with Mr. Malik and Tim Tietjens,
Planning Director, about adding a masonry product to the front of the existing building.
Mr. Ttijens informed him of a grant prospect that could possibly assist with funding for this
type of project. Mr. Heckendorn stated he was receptive to adding the masonry to the
front of the building, but requested it be at a later date, due to current financial
constraints.
Susan Heckendorn, 3511 W. Country Club, believes the new building looks nice and
does not feel that masonry should be required at this time.
Pat Clark, 3817 Ashwood Circle, favors the request and also favors grant funding.
C. OPPONENTS
No one spoke in opposition to the request.
5. CLOSE PUBLIC HEARING
Chairman Lawler closed the public hearing at 6:25 p.m.
6. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL
USE PERMIT REQUEST #SCU08-006.
Motion by Les Bird to recommend to City Council approval of Special Conditional Use Permit
#SCU08-006 excluding staff's recommendation to require exterior building design standards be
applied to the facility at 516 W. Main Street, and including the following conditions:
1. This Special Conditional Use Permit is specifically for off-site parking for 516 & 518 W. Main
Street.
2. Parking lot will be constructed in compliance with the City's Public Improvement Criteria
Manual (PICM) for paving.
3. Off-site parking shall comply with all parking design standards.
4. Screening and/or landscaping of parking lot shall be required in accordance with Section
106-444(a) of the Code of Ordinances.
5. The Developer shall comply with all applicable laws and ordinances of the City and the
State of Texas.
Planning and Zoning Commission
Minutes of August 21, 2008
Page 3 of 5
Chairman Lawler allowed additional comments from the floor.
Second by Nick Barrera. The motion carried.
Ayes:
Nays:
Abstain:
Kaminski, Barrera, Finch, Linscomb, and Bird
Lawler and Janda
None
7. OPEN PUBLIC HEARING TO RECEIVE INPUT ON SPECIAL CONDITIONAL USE PERMIT
REQUEST #SCU08-007 FOR 5.637 ACRE TRACT OUT OF THE WILLIAM M. JONES SURVEY,
ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY THE PARSONS
GROUP FOR A PROPOSED ADDITION TO THE PARSON HOUSE A SENIOR CITIZEN
ASSISTED LIVING CENTER LOCATED AT 8727 FAIRMONT PARKWAY.
A. STAFF PRESENTATION
Staff's Report was presented by Mr. Malik. The applicant, Craig Puccetti on behalf of the
Parsons House, has requested a Special Conditional Use Permit for a building addition of
41 dwelling units to the current 60-unit senior citizen assisted living facility known as the
Parsons House located at 8727 Fairmont Parkway. Mr. Malik reviewed several potential
issues pertaining to density and drainage.
Public notices were mailed to 41 property owners located within 200' from the subject
property. The City received three responses; two opposed and one neutral.
B. PROPONENTS
Debbie Hoot, 927 Seabreeze, addressed the Commission. Her mother loves living at the
Parsons House, a bright, cheerful facility with nice staff.
Darlene Gamble Bays, 616 Baywood, and resident of the Bayshore area for over 20
years, addressed the Commission. Her 92 year old mother has been a resident of the
Parsons House for over 4 years and is very happy. Ms. Bays has been impressed with
the care her mother has received from concerned Staff. She favors approval of the
request.
Debbie Baker, 10955 NAve H, addressed the Commission. Ms. Baker's 85 year old
mother feels happy and safe at Parsons House and the Staff is very caring. Ms. Baker
favors approval of the request.
Phillip Hoot, 927 Seabreeze, addressed the Commission. Mr. Hoot feels this would
provide a good opportunity for enhancements and to correct some drainage problems at
the facility.
Yvonne Stanley, 1201 S. Broadway, addressed the Commission. Ms. Stanley's sister is
very happy living at the Parsons House. Ms. Stanley favors approval of the request.
C. OPPONENTS
No one spoke in opposition to the request.
8. CLOSE PUBLIC HEARING
Chairman Lawler closed the public hearing at 7:55 p.m.
Planning and Zoning Commission
Minutes of August 21, 2008
Page 4 of 5
9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE
PERMIT REQUEST #SCU08-007.
Motion by Nick Barrera to recommend to City Council approval of Special Conditional Use Permit
#SCU08-007, with the following conditions:
1. This Special Conditional Use Permit is specifically limited for an additional 41 units facility at 8727
Fairmont Parkway.
2. No future Special Conditional Use Permit submittal shall hereafter authorize an aggregate total
of more than 101 units on the site.
3. The use of this property is limited to senior citizen "assisted living center" as defined in SIC
#8361. A senior citizen is defined as a person who is 55 years of age or older.
4. If intra-district P.U.D. remains, covenants shall be submitted for the City's review and approval.
5. An overall density of the assisted living center shall not exceed 17.91 dwelling units per acre.
6. A development site plan shall be reviewed and approved by the City prior to any construction at
site.
7. Internal access to the northern portion of the tract shall be provided for by provision of a private
street (min. 24' wide).
8. Adequate provisions are made for fire protection and other utility services to additional building.
9. Outdoor activities shall be restricted to the parking area and concrete pavement on the east and
west sides of the building.
10. All lighting in the parking lot shall be hooded and arranged to deflect lights away from the
nearby residential properties in compliance with Section 1 06-521 (a) of the Code of
Ordinances.
11. Any new signage requires a separate sign permit from the City.
12. The roofed-over structures on the property shall not accumulatively exceed the current lot
coverage or maximum (75%).
13. Height of the building shall not exceed 23 ft. with cupola.
14. Exterior building design standards shall be approved by the City.
15. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas
along east and west of the perimeter adjacent to the residential zoned properties.
16. Provide landscape buffer along east side of the facility as well.
17. Landscaping shall be maintained by the owner/developer.
18. On and off-site drainage whether existing or planned shall have a net zero effect for stormwater
runoff to surrounding areas and mitigate drainage issues at the driveways along Fairmont
Parkway.
19. The Developer shall comply with all applicable laws and ordinances of the City and the State
of Texas.
Second by Doretta Finch. The motion carried.
Ayes:
Nays:
Abstain:
Kaminski, Barrera, Finch, Linscomb, Bird, Lawler, and Janda
None
None
10. DISCUSS COMMISSION'S ROLE AS ADVISORY COMMITTEE FOR NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER MANAGEMENT PROGRAM.
Planning Director, Tim Tietjens, provided background information on NPDES Storm Water
Management Program and briefed the Commission on their role as an advisory committee for the
program. Committee Members will be provided a copy of the program document. A public hearing
will be held at a future meeting.
11. ADMINISTRATIVE REPORTS
Mr. Malik spoke about the APA Conference being held in Galveston the first week of October.
Planning and Zoning Commission
Minutes of August 21, 2008
Page 5 of 5
12. COMMISSION COMMENTS
Commission Members discussed the need to become more knowledgeable on Main Street
planning matters and offered their assistance, if needed.
13. ADJOURN
Chairman Lawler adjourned the meeting at 8:20 p.m.
Submitted by,
peg~
Planning Office Coordinator
Approved on this )0
.
day of AJ~A..\.but . 2008.
Cf1a9 ~~
Hal Lawler
Chairman, Planning and Zoning Commission
Special Conditional Use Permit
#SCU08-008
Exhibits
A. Commission's Action Request
B. Area Map
C. Staff Report
D. Draft SCUP
E. Site Plan
F. Public Notice Response
Special Conditional Use Permit #SCU08-008
Planning and Zoning Commission
October 16,2008
Location of Proposed Development 2226 Sens Road
Legal Description Approximately 1.0 acre (43,560 sq. ft.) TR 241B
out of Outlot 241, La Porte Outlots, La Porte,
Harris County, Texas.
Applicant Dean Wyman
Present Zoning General Commercial (GC)
Acreage 1- acre
Surrounding Zoning N-General Commercial, S-General Commercial,
E-Business Industrial and W- low-Density
Residential
Land Use Plan Residential
Activity Proposed Bed & Breakfast
Summary:
. Applicant is requesting Special Conditional Use Permit for a two-room rental bed and breakfast facility at 2226
Sens Road.
. This is two story building with four bedrooms.
. Harris County Appraisal District (HCAD) record shows this building was built in 1907.
. The property is located near the City's Fire Station #3 along Sens Road.
. Per Section 106-637 of the Code of Ordinances, a Special Conditional Use Permit is required for the proposed
development in a General Commercial (GC) zone.
. The property has previously engaged in the trampoline business.
. Parking lot layout plan showing standard, accessible space size, and maneuvering isle width, shall be required
to determine adequate parking for the said project.
. The partial use of the building as bed and breakfast facility should have minimal impact on the surrounding
properties.
. The overall impact on public services should be minimal.
. The impact upon the public health, safety, and welfare of the City should be minimal.
Recommendation:
All applicable elements of the Comprehensive Plan were reviewed and incorporated into this development
proposal. If the Commission wishes to consider approval of this Special Conditional Use Permit, staff suggests
following conditions be added:
I. This SCUP is specifically for the development of a bed & breakfast facility with two (2) rental bedrooms.
2. Expansion of number of bedrooms for this facility shall be prohibited.
3. No person other than member of the family residing in the premises shall be engaged in such business.
4. With the reconstruction/widening of Sens Road, two existing driveways shall be restricted to have only one
driveway.
5. Screening and/or landscaping adjacent to residential area shall be required in accordance with Section 106-
444(a) of the Code of Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby
residential properties in compliance with Section 106-521 (a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped portion of the tront yard setback per
Section 106-797 of the Code of Ordinances.
10. All new signage shall require a separate permit trom the City's Inspection Division.
II. This permit does not become valid until a Development Site Plan is reviewed and approved in accordance
with the requirements of the Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances ofthe City and the State of Texas.
Actions required by the Commission:
. Recommend to Council approval of this SCUP with conditions.
. Recommend to Council denial of this SCUP.
. Recommend tabling this SCUP for further review.
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Staff Report
October 16, 2008
Wyman's Bed & Breakfast
Special Conditional Use Permit #08-008
Request:
Requested Bv:
Requested For:
Present ZOniDi!:
Requested Use:
Back2:round:
Analvsis:
Special Conditional Use Permit Request #SCU08-008
Dean F. Wyman, Property Owner
TR 241 B, a 1- acre (43,560 sq. ft.) tract out of Outlot 241, La Porte Outlots,
La Porte, Harris County, Texas. The property is located at 2226 Sens Road.
General Commercial (GC)
Applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of developing a 2-rooms rental bed and breakfast facility at 2226
Sens Road. Per Section 106-441, Table A, Commercial Uses, Code of
Ordinances, a Special Conditional Use Permit is required for the proposed
development within a commercial zoning district.
Applicant is working towards developing or converting two rooms rental bed
and breakfast facility at the existing single-family dwelling (formerly a
trampoline business place) located at the intersection of North 'H' Street and
Sens Road. Harris County Appraisal District (HCAD) record shows this
house was built in 1907. The house is historic in nature and other building
features make it a unique structure. This is two story frame/concrete block
building with four bedrooms. There is an in ground gunite pool at the
property. The bed and breakfast facility, primarily a single-family
residence, where two sleeping rooms will be available for overnight rental
to the residents and visitors to the Bayshore/Galveston Bay area in the
southeast Harris County.
Zoning Ordinance Section 106-217 establishes the following review criteria
and conditions for approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to
the use and enjoyment of the other property, nor significantly
diminish or impair property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each
district, have been met by the applicant.
. That the applicant has agreed to meet any additional conditions
imposed, based on specific site constraints necessary to protect
the public interest and welfare of the community.
EXHIBIT C
Bed & Breakfast
SCU08-008
Page 2 of3
Conclusion:
The subject property is in the vicinity of residential subdivision and
commercial/industrial developments along Sens Road. Sens Road, an arterial
with 60' right-of-way runs between Spencer Highway and State Highway
225. Harris County Public Infrastructure Department Engineering Division
has a plan for reconstruction and widening of Sens Road to 100' ROW from
Spencer Highway to North P Street. Land acquisition and construction
drawings by Harris County have been completed and project will proceed
soon. The transportation system should adequately accommodate through
traffic and continue to provide for free flow of people, goods and services.
There will be no new driveway added to this facility. The traffic flow within
and between neighborhoods and throughout the community should not be
affected by the proposed development. Existing roads are adequate to
support the said project.
Staff has reviewed existing facilities and services for each of the components
of the utility system for the proposed development. Existing water is
adequate for potable and fire protection needs. Sanitary sewer is available to
the property. As a developed property, storm drainage sheet flows to the
existing storm sewer system along Sens Road.
If approved, the building and parking lot should comply with all applicable
ordinances of the City and State. The bed and breakfast facility shall require
four parking spaces, which equals 2 minimum plus 1 for each rental room.
Striping of the parking lot shall be required. The City's design standard per
Section 106-835 of the Code of Ordinances shall be applicable for standard
and accessible parking space size, and maneuvering aisle width etc. The
location of handicap parking space should be appropriate. Access from the
parking lot to the building seems-to be reasonable.
In addition, landscaping of the property shall be required in accordance with
Section 106-444(a) of the Code of Ordinances. Landscaping shall be
maintained by the owner. The building shall require a certificate of
occupancy, as regulated by Section 106-142 of the Code of Ordinances.
The partial use of the building as bed and breakfast facility should have
minimal impact on the surrounding properties. Staff recommends approval
of Special Conditional Use Permit with the following conditions in place:
1. This SCUP is specifically for the development of a bed & breakfast
facility with two (2) rental bedrooms.
2. Expansion of number of bedrooms for this facility shall be prohibited.
3. No person other than member of the family residing in the premises shall
be engaged in such business.
4. With the reconstruction/widening of Sens Road, two existing driveways
shall be restricted to have only one driveway.
Bed & Breakfast
SCU08-008
Page 3 of3
5. Screening and/or landscaping adjacent to residential area shall be
required in accordance with Section 106-444(a) of the Code of
Ordinances.
6. Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road
and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect
light away from the nearby residential properties in compliance with
Section 106-521(a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped
portion of the front yard setback per Section 106-797 of the Code of
Ordinances.
10. All new signage shall require a separate permit from the City's
Inspection Division.
11. This permit does not become valid until a Development Site Plan is
reviewed and approved in accordance with the requirements of the
Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
. Table the item for further consideration by the Commission.
Draft
City of La Porte
Special Conditional Use Permit # SCU 08-008
This permit is issued to:
Dean Wyman
Owner or Agent
621 E. St. Georoe Street. Gonzales. TX 78629-3545
Address
For Development of:
Bed and Breakfast (2-rooms rental)
Development Name
2226 Sens Road. La Porte. TX 77571
Address
Legal Description:
Approx. 1-acre tract out of Outlot 241. La Porte Outlots. Vol. 60.
Po. 114. H.C.D.R.. Enoch Brinson Survey. Abstract 5. La Porte.
Harris County. Texas.
Zoning:
General Commercial (GC)
Use:
Bed and Breakfast
Permit Conditions:
1. This SCUP is specifically for the development of a bed & breakfast facility with two (2) rental
bedrooms.
2. Expansion of number of bedrooms for th'is facility shall be prohibited.
3. No person other than member of the family residing in the premises shall be engaged in such
business.
4. With the reconstruction/widening of Sens Road, two existing driveways shall be restricted to have
only one driveway.
5. Screening and/or landscaping adjacent to residential area shall be required in accordance with
Section 106-444(a) of the Code of Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained
by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby
residential properties in compliance with Section 106-521(a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped portion of the front yard
setback per Section 106-797 of the Code of Ordinances.
10. All new signage shall require a separate permit from the City's Inspection Division.
11. This permit does not become valid until a Development Site Plan is reviewed and approved in
accordance with the requirements of the Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
EXHIBIT .~
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A Meeting of the La Porte
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Scheduled for
October 16, 2008
(Date of Meeting)
to Consider
Special Conditional Use Permit#SCU08-008
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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Zoning Ordinance Amendment
(Electric Fences)
Exhibits
A. Memo
B. Draft Ordinance
CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fairmont Parkway. La Porte, TX 77571
www.laoortetx.Qov
Phone: (281) 471-5020 / Fax (281) 471-5005
MEMORANDUM
To:
From:
CC:
Planning & Zoning Commission /":'_~
Tim Tieljens, Director of Plannin~ ~
Mayor & Council
Ron Bottoms, City Manager '
John Joems, Assistant City Manager
Debbie S. Wilmore, Chief Building Official
Masood Malik, City Planner
August 26, 2008
Electric Fences - Zoning Regulation Sect. 106-799
Date:
Re:
At the 07/28/08 workshop, City Council discussed Ordinance #894 prohibiting electric fences within the
city. Following that discussion, staff was asked to research electric fences and schedule a 08/25th
Council workshop.
During the 08/25th workshop, staff identified that Ordinance #894 prohibiting electric fences was
incorporated into the city's Zoning Chapter 106, Sect. 106-799. At the close of the workshop, Council
recommended Sect. 106-799 be amended as follows:
. Allow electric fences for single-family dwellings (to assist owners in the management of
livestock and dogs)
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. Prohibit electric fences in all other uses
. Electric fence equipment shall be a tested/approved product thatf is installed in
accordance with manufacturer's instructions
. No permit for the electric fence shall be required
In accordance with Amendment Procedures Sect. 106-171, Council's recommendation is being
forwarded to the Planning and Zoning Commission (P&Z) for a September 18th public hearing. Following
the close of that meeting, P&Z shall forward its written findings of fact and recommendations to Council
within 15 days of the close of their hearing. '
Council's public hearing on this matter would occur at their October 13th meeting.
EXH IBIT ," ,ftiJ III
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RAfT
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE V.
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4. "FENCING AND
LANDSCAPING REQUIREMENTS", SECTION 106-799 "CONSTRUCTION,
MAINTENANCE, OF ELECTRIC FENCES PROHIBITED", AND AMENDING APPENDIX-
B "FINES" OF THE LA PORTE CODE OF ORDINANES IN ACCORDANCE THEREWITH,
BY ALLOWING ELECTRIC FENCES ON THE PREMISES OF SINGLE-F AMIL Y
DWELLINGS,; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations",
Division 4. "Fencing and Landscaping Requirements," Section 106-799 "Construction,
Maintenance of Electric Fences Prohibited," of the Code of Ordinances, La Porte, Texas, is
hereby amended to read as follows:
"Sec. 106-799. Construction, Maintenance of Electric Fences.
a) Except as provided herein, it shall be unlawful for any person owning or controlling
any property in the city to construct, maintain, or permit to remain on such property any fence
charged with electricity, or to cause any fence to become charged with a current of electricity, to
connect any such fence with a source of electricity or to permit any fence under the control of
such person to be connected with a source of electricity.
b) The use of electric fences shall be allowed on the premises of any single family
dwelling, without regard to the zoning district classification of the property, for the purpose of
erecting an enclosure to restrain the movement of animals and/or livestock. All electric fence
equipment so utilized shall be a UL approved product and installed and maintained in accordance
with the manufacturer's instructions.
c) In any prosecution under this section testimony that any fence was under the control of
the defendant or situated on his premises and that any person received an electric shock by
coming in contact with such fence shall be prima facie evidence that such defendant caused such
fence to be charged with a current of electricity and caused and permitted such fence to be
connected with a source of electricity."
EXHIBIT q
Ordinance #
Page 2
Section 2. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by
adding Chapter 106 "Zoning," Article V. "Supplementary District Regulations", Division 4.
"Fencing and Landscaping Requirements," Section 106-799 "Construction, Maintenance of
Electric Fences", to Appendix-B "Fines", which shall read as follows:
"Chapter 106. Zoning
Article V. Supplementary District Regulations
Division 4. Fencing and Landscaping Requirements
(a) Fine for violation of g106-799 ......... ......... .......
$2000"
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby"~repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. The City Council officially fmds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective . The
City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to
be published in the official newspaper of the City of La Porte at least twice within ten (10) days
after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local
Government Code, and the City of La Porte Charter.
2
, 2008.
PASSED AND APPROVED this the day of
CITY OF LA PORTE
By:
ATTEST:
APPROVED:
City Secretary
City Attorney
3
Mayor
Zoning Ordinance Amendment
(Trucking Terminals)
Exhibits
A. Staff Report
B. Draft Ordinance
C. Changes to Chapter 70
D. Truck Routes Map
Staff Report October 16, 2008
Trucking Terminals & Truck Routes
Zoning Ordinance Amendments
City Council has directed staff to assess existing development conditions and future
development strategies relating to the trucking terminals and truck routes within the City limits
of La Porte. Staff reviewed existing provisions of the Zoning Ordinance and prevailing
situation of the trucking terminals and current truck routes. This was presented as a workshop
item at the August 25,2008, City Council meeting.
Purpose of this amendment to the Zoning Ordinance (Chapter 106) is to provide for proper
location of trucking terminals along designated truck routes only. In addition, this
amendment shall define an industrial use intended for the particular zoning district and
establish a coordination clause to the existing provisions of the Zoning Ordinance. The
regulations such as location of truck terminals and truck routes along with definitions are
delineated in the Traffic and Vehicles Ordinance (Chapter 70) enforced by the Police
Department. These definitions have been added to the Zoning Ordinance (Chapter 106).
Based on the research and analysis, staff recommends the following changes to the Code of
Ordinances relating to the trucking terminals and additional truck routes:
Existing:
Proposed:
Existing:
Proposed:
Code of Ordinances
Zoning (Chapter 106) - Per Section 106-746, Location oftruck terminals
restricted. Truck terminals, as defined in Section 70-211, shall only be
located in areas directly adjacent to the right-of-way of the truck routes
specifically designated in Section 70-231.
Add footnote ']' to Section 106-521, Table A, Industrial Uses, Footnotes.
Trucking terminals - See Section 106-746 of this Chapter for additional
requirements.
Trucking terminals as defined in Section 106-1 shall be restricted to Light
Industrial (LI) and Heavy Industrial (HI) zones and only on property
abutting designated truck routes as listed in Section 70-231.
Any truck terminal operating whole or in part as a container yard or
converting to container yard shall be restricted to Heavy Industrial zone only.
Traffic and Vehicles (Chapter 70) - Per Section 70-237, truck terminals
shall only be located in areas directly adjacent to the right-of-way of the
truck routes designated in Section 70-231 of the Code of Ordinances.
Heavy Truck - Any motor vehicle or towed vehicle with a gross vehicle
weight rating (GVWR), Registered Gross Vehicle Weight (RGVW), or an
actual weight, whichever is greater, of 26,001 lbs. or more or any
combination of vehicles where the gross combined weight rating, total
registered gross vehicle weight or the actual weight of the combination is
26,001Ibs. or more. EXH\B\l .A
Planning & Zoning Commission
October 16, 2008
Zoning Ordinance Amendments
Page 2 of3
Truck Routes
Truck routes are defined as those routes which are designated for the use of
truck traffic. Truck route map was first adopted per Ordinance No. 1364
approved on May 04, 1983. Subsequent revisions were made to add new
truck routes and hazardous cargo routes in April 1997. The streets and
thoroughfares designated as truck routes within the City limits are listed in
Sections 70-231 and 70-235 of the Code of Ordinances.
Since the recent developments in the La Porte area particularly
business/industrial parks, e.g. Port Crossing, Underwood Business Park, and
potential impact ofthe Bayport Expansion & Cruise Terminal, trucking
activities are projected to be increased tremendously.
To promote public safety, health, and welfare of the residents and visitors to
La Porte, truck traffic is restricted to the streets designated as truck routes.
For further protection and relief from the heavy truck traffic, it is suggested
to designate additional streets as potential truck routes only to the east of
Union Pacific Railroad (UPRR). A list of proposed truck routes is as follow:
Proposed Truck Routes
1. Export Drive - from South 16th Street to State Highway 146
2. South 16th Street - from south of Export Drive to Wharton Weems Blvd. and
McCabe Road connecting with State Highway 146.
3. North Broadway - from north of Barbour's Cut Blvd. to North 'L' Street.
4. North 'L' Street - from west of North Broadway to North 6th Street.
5. North ']' Street - from North 6th Street to west connecting with State Highway 146.
6. North 'E' Street - from North 16th Street to UPRR right-of-way line.
Hazardous Cargo Route
Staff suggested to take Fairmont Parkway off the hazardous truck route. Council was
receptive to this idea. However, no new hazardous truck route is proposed.
Route Extent
State Highway 225 Entire extent within corporate limits
New State Highway 146 Entire extent within corporate limits
Fairmont Parbvay New State Highway 116 to '.vest corporate limits
Planning & Zoning Commission
October 16, 2008
Zoning Ordinance Amendments
Page 3 of3
Conclusions:
The above stated recommendations are based on Planning Department staff research
and direction provided by the Commission and City Council. It is staff s opinion
that the recommendations allow for reasonable development of the trucking facilities
while introducing stipulations that provide compatibility with adjacent properties.
The development and review of the City's Comprehensive Plan has demonstrated
that beautification efforts and the City's overall image are important factors that
must be addressed immediately.
Actions available to the Commission are as follows:
. Recommend to Council, approval of the above amendments pertaining to the
trucking terminals and truck routes.
. Recommend to Council, approval of a revised version of the above stated.
. Recommend to Council, denial of the proposed amendments.
. Table this item for further consideration by the Commission.
DRAFT
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III. "DISTRICTS"
DIVISION 4. "INDUSTRIAL DISTRICT REGULATIONS", SUBDIVISION I,
"GENERALL Y", SECTION 106-521, "TABLE A, INDUSTRIAL USES", FOOTNOTES,
"MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING (421,423)", AND
ADDING A FOOTNOTE "J" AND AMENDING SECTION 106-746, LOCATION OF TRUCK
TERMINALS RESTRICTED WHEN LOCATED ON AUTHORIZED TRUCK ROUTES
ESTABLISHED BY THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUlL TY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That the Code of Ordinances of the City of La Porte, Texas, Chapter 106,
"Zoning," Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision I,
"Generally", Section 106-521, "Table A, Industrial Uses", Table Inset, "Motor Freight
Transportation and Warehousing (421, 423)", is hereby amended to read as follows:
Uses (SIC Code #)
BI
LI
HI
Motor freight transportation and
Warehousing (421,423)
*
P(J)
P(J)
Section 2. That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning"
Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision I, "Generally",
Section 106-521, "Table A, Industrial Uses", Subsection "c", Footnotes", Section 106-746 and
adding Footnote "J", to be included in proper alphabetical sequence, to read as follows:
"J. Trucking Terminals. See Section 106-746 of this Chapter for additional requirements.
Trucking terminals as defined in Section 106-1 shall be restricted to Light Industrial (LI) and
Heavy Industrial (HI) zones and only on property abutting designated truck routes as listed in
Section 70-231.
Any truck terminal operating in whole or in part as a container yard or converting to a container
yard shall be restricted to heavy industrial zone only. "
IF)i~II!.~ -"
iLJ\,ol ; ~ _ J
Section 3: All ordinances or parts of ordinances inconsistent with the terms ofthis ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed two thousand
dollars ($2000.00).
Section 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective . The
City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to
be published in the official newspaper of the City of La Porte at least twice within ten (10) days
after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local
Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the
day of
,2008.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
2
ARTICLE V. STOPPING, STANDING AND PARKING*
*State law references: See Vernon's Ann. Civ. St. art. 6701d, S 27(a)(1), for authority
of city to regulate standing and parking of vehicles.
Sec. 70-176. Designation and marking of parking stalls and areas where parking is
prohibited or limited.
(a) The director of public works shall cause parking stalls to be maintained and marked
off in and on such streets and parts of such streets as he may designate from time to time,
and he shall likewise cause spaces in which parking is prohibited to be maintained and
marked off in and on such streets and parts of such streets. The director of public works
shall cause time limit parking areas to be maintained and marked off in and on such parts
of streets as he may designate from time to time. All such spaces or areas shall be clearly
indicated by appropriate signs or by markings on the pavement or curb.
(b) In areas designated as time limit parking areas, parking may be limited to any period
prescribed by the chief of police, the time limits to be designated with clearly
distinguished markings or signs at both ends of the time limit area and at reasonable
intervals between the beginning and ending of such time limit area, indicating the time
allowed for parking in such area.
(c) Any prohibition of or time limit on parking established under this section shall apply
on such days and between such hours as prescribed by the signs.
(Code 1970, S 25-61)
Sec. 70-177. Parking in prohibited areas; overtime parking.
It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered
in his name or owned or operated by him or in his possession or under his control to be or
remain in any space or area in which parking is prohibited as provided in section 70-176,
or in a time limit parking area for a longer period of time than that designated by the
markings on the street or by signs clearly visible.
(Code 1970, S 25-62)
Sec. 70-178. Parking for more than 24 hours.
It shall be unlawful for any person or any owner to knowingly leave standing in any
public street, alley or other public place in the city any vehicle for a longer continuous
period of time than 24 hours.
(Code 1970, S 25-63)
EXHIBIT C
Sec. 70-179. Parking time limit for trailers, semitrailers and other types of trailers.
It shall be unlawful for any person to knowingly leave, stand or park a trailer, semitrailer,
pole trailer, ranch trailer, boat, house trailer, utility trailer or truck tractor, either attached
or unattached to a motor vehicle, in a moving lane of traffic for any period of time. It
shall be unlawful for any person to knowingly leave, stand or park said vehicle at any
location along the truck route for any period of time, except at locations authorized to
accommodate truck parking. The vehicle must only enter and exit the parking location via
the truck route. In addition, it shall be unlawful for any said vehicle to be parked at a
location off the truck route for any period of time with the exception of the point of origin
and point of destination as described under the provisions of Section 70-233. in any
public street, alley, unimproved right of Via)', or other public place in the City for a
period of time in excess of four hours, or during any nighttime hours. Trucks bearing a
department of transportation (DOT) placard shall not be parked on any street for a period
of time in excess of one hour. A placard vehicle shall not be parked within 2,000 feet of a
school campus.
(Code 1970, ~ 25-64; Ord. No. 1792, ~1(25--64), 10-28-91; Ord. No. 97-2172, ~ 1,4-14-
97; Ord. No. 97-2172-A, ~ 2, 5-10-04)
Sec. 70-180. Parking on private property without consent.
It shall be unlawful for any person or any owner to knowingly abandon or leave standing
on any private property, without the consent of the owner of such private property, any
vehicle for any period of time. In addition, off-street parking facilities accessory to
residential use shall be utilized solely for the parking of licensed and operable passenger
automobiles. Under no circumstances shall required parking facilities accessory to
residential structures be used for the storage of commercial motor vehicles or equipment,
pole trailers, semitrailers, shipping containers, trailers, trucks, or truck tractors. Boats or
recreational vehicles, and light trucks are not subiect to the restrictions imposed by this
section.
(Code 1970, ~ 25-65)
Sec. 70-181. Parking manufactured homes on streets or in public parks.
It shall be unlawful for any person to knowingly park, place or locate any recreational
vehicle or manufactured home upon any public street, public park, alley, unimproved
right-of-way, or other public place within the city limits for a period of more than four
hours. Such recreational vehicles or manufactured homes shall be parked parallel to the
right side curb, completely clear of driving lanes or areas of such street or park, and
facing the direction which traffic shall be designated to travel on such side of such street
or in such driving area.
(Code 1970, ~ 14-3; Ord. No. 97-2172-A, ~ 3, 5-10-04)
Cross references: Mobile homes and mobile home parks, ch. 98.
Sec. 70-182. Presumed operator of parked vehicles.
In a prosecution for an offense prohibited under V.T.C.A. Transportation Code Ch. 545,
subch. G, and relating to the stopping, standing and parking of unattended motor
vehicles, it is presumed that the registered owner of the vehicle is the person who
stopped, stood, or parked the vehicle at the time and place the offense occurred.
(Ord. No. 2006-2949, S 1, 12-11-06)
State law references: Authority of city to create presumption as to operator of parked
car established by state law, V.T.C.A., Transportation Code S 545.308.
Secs.70-183--70-210. Reserved.
ARTICLE VI. TRUCK ROUTES AND GROSS WEIGHT LIMITS*
*Cross references: Streets, sidewalks and other public places, ch. 62.
DIVISION 1. GENERALLY
Sec. 70-211. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Boat means a watercraft not more than 25 feet in length, measured from end to end, over
the deck, excluding shear, and manufactured or used primarily for noncommercial use.
For purposes of this article only, the term "boat" shall also include the trailer designed
and used for the transportation of the boat over the public streets and highways.
Commercial motor vehicle means any motor vehicle other than a motorcycle, designed
or used for the transportation of property, including certain ~vehicles used for
delivery purposes.
Daytime means one-half hour before sunrise to one-half hour after sunset.
Gross weight means the weight of a vehicle without load, plus the weight of any load
thereon.
Hazardous material means any material that requires a federal department of
transportation placard to be transported pursuant to 49 CFR 177.823, as adopted in state
law.
Heavv truck: means any motor vehicle or towed vehicle with a gross vehicle weight
rating (GVWR). registered gross vehicle weight (RGVW), or an actual weight. whichever
is greater as defined in Div. III of this code or more OR any combination of vehicles
where the gross combined weight rating, total registered gross vehicle weight or the
actual weight of the combination as defined in Div. III of this code or more.
House trailer means a recreational vehicle, trailer or semitrailer, which is designed,
constructed and equipped as a temporary dwelling place, living abode or sleeping place,
and is equipped for use as a conveyance on streets and highways.
Legitimate repair facility means a commercial facility operated principally for the repair
of motor vehicles.
Light truck means any truck with a limited manufacturer's rated carrying capacity. This
definition is intended to include those trucks commonly known as one-ton trucks, pickup
trucks, panel delivery trucks and carryall trucks.
Nighttime means any time period other than daytime.
Pole trailer means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a reach, or pole, or by being
boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting
long or irregularly shaped loads such as poles, pipes, or structural members capable,
generally, of sustaining themselves as beams between the supporting connections.
Ranch trailer means a vehicle, with or without motive power, other than a pole trailer,
designed for carrying livestock, ranch implements or other moveable personal property
attendant to the business and recreational use of the raising of livestock or crops.
Semitrailer means every vehicle, with or without motive power, other than a pole trailer
or ranch trailer, designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that some part of its weight and that of its load rests upon or is
carried by another vehicle.
Shipping containers means sealable shipping containers, designed for intermodal
transportation, either with or without a permanent affixed chassis, used in interstate and
international commerce for the shipment of goods and merchandise.
Shipping containers storage yards means a facility for the storage, handling and repair of
shipping containers.
Trailer mean every vehicle, with or without motive power, other than a pole trailer or
ranch trailer, designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Truck means any motor vehicle designed, used or maintained primarily for transportation
of commodities property.
Truck routes means those routes which are designated by this article for the use of truck
traffi c.
Truck terminal means a commercial facility operated principally for the loading,
unloading, storage, handling, maintenance or repair of trucks, truck tractors, trailers,
semitrailers, pole trailers, ranch trailers, shipping containers or similar commercial motor
vehicles capable of transporting freight.
Truck tractor means every motor vehicle designed and used primarily for drawing other
ve.hicles and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn.
Truck traffic means the operation of any combination of a truck tractor, trailer,
semitrailer, pole trailer, shipping container or a commercial motor vehicle, but not
including light trucks, boats, house trailers, ranch trailers and utility trailers.
Utility trailer means a trailer without motive power, less than 25 feet in length.
(Code 1970, S 25-80; Ord. No. 1792, S 1(25-80), 10-28-91)
Cross references: Definitions generally, S 1-2.
Secs. 70-212--70-230. Reserved.
DIVISION 2. TRUCK ROUTES
Sec. 70-231. Designation.
For the purposes of this division, those streets and thoroughfares within the corporate
limits of the city which are enumerated as follows are hereby designated as truck routes:
TABLE INSET:
Route Extent
State Highway 225 Entire extent within corporate limits
New State Highway Entire extent within corporate limits
146
Barbours Cut New State Highway 146 east to corporate limits
Boulevard
16th Street Barbours Cut Boulevard south to Fairmont Parkway
Fairmont Parkway New State Highway 146 to west corporate limits
West Main Street New State Highway 146 to west corporate limits
North 23rd Street North Avenue C to West Main Street
Underwood Road Entire extent within corporate limits
Powell Road (S. 16th Fairmont Parkway south to 1700 block of Powell Road
Street)
Export Drive From South 16th Street To State Highway 146
South 16th Street From south of Export Drive to Wharton Weems Blvd. and McCabe
Road connecting with State Highway 146.
North Broadway From north of Barbour's Cut Blvd. To North 'L' Street.
North 'L' Street From west of North Broadway To North 6th Street
North 6th Street From North 'L' Street To North 'J' Street connecting with State
Highway 146.
North E Street From North 16th Street to eastern ROW ofU.P.R.R.
(Code 1970,925-81; Ord. No. 1792,9 1(25-81), 10-28-91; Ord. No. 97-2172,9 1,4-14-97)
Sec. 70-232. Use required generally.
No person shall operate a truck, truck tractor, semitrailer or container upon any roads,
avenues, streets or thoroughfares within the corporate limits of the city except on those
which are designated as truck routes in section 70-231, and subject to the gross weight
limits established by division 3 of this article. Neither shall any person operate a heavy
truck travelling through the city, with no origin or destination within the city, except on
limited access state highways, i.e. State Highway 225 and State Highway 146.
(Code 1970, 9 25-82)
Sec. 70-233. Exception to section 70-232; point of origin.
(a) The provisions of section 70-232 notwithstanding, in those instances where any
truck traffic, originating within the corporate limits of the city, shall have as its point of
origin a point located off a designated truck route, it shall proceed to the nearest point on
a designated truck route by the most direct route possible. If such truck traffic shall
originate outside the corporate limits of the city and enter the city at a point which is not
on a designated truck route, it shall proceed to the nearest point on a designated truck
route by the most direct route possible.
(b) In those cases where truck traffic originates off a designated truck route, whether
inside or outside the corporate limits ofthe city, and the destination of the truck traffic is
nearer the origin or point of entering the corporate limits of the city than is the nearest
point on a designated truck route by the most direct route possible, it shall not be
necessary to proceed to the nearest designated truck route.
(c) In those instances where the truck traffic has neither its point of origin nor
destination within the corporate limits of the City of La Porte, its extraterritorial
iurisdiction, or the corporate limits of any city adiacent to La Porte: then such truck
traffic shall only be allowed on a limited access State Highways, i.e. State Highway 225
and State Highway 146.
(Code 1970, S 25-83)
Sec. 70-234. Loading, unloading and repair of trucks.
Truck traffic restricted to the streets designated as truck routes may depart from such
truck routes where it is necessary to load, unload or seek repairs at a legitimate repair
facility, at a location situated off designated truck routes; provided, however, that such
truck traffic shall not leave any designated truck route until such truck traffic has reached
a point on some designated truck route which is nearest the applicable place of loading,
unloading or servicing by the most direct route possible. All required loading berths and
facilities for truck repair shall be off-street and located on the same lots as the building or
use to be served. After leaving a designated truck route to load or unload, truck traffic
may continue off truck routes to as many points of destination as necessary. If, in the
course of making the necessary stops for loading and unloading, the truck traffic shall
cross a designated truck route, then, in that event, such truck shall not again leave any
designated truck routes until it has reached a point on some designated truck route which
is nearest to the next place of loading and unloading by the most direct route possible.
(Code 1970, S 25-85; Ord. No. 1792, S 1(25-85), 10-28-91; Ord. No. 97-2172, S 1,4-14-
97)
Sec. 70-235. Hazardous cargo routes; designation.
(a) For the purpose of this division, those streets and thoroughfares within the corporate
limits of the city which are enumerated as follows are hereby designated as hazardous
cargo routes:
TABLE INSET:
Route Extent
State Highway 225 Entire extent within corporate limits
New State Highway 146 Entire extent within corporate limits
Fuirmont Parhvuy NeVI State Highvmy 116 to west corporate limits
(b) Vehicles transporting hazardous materials shall not leave and/or park depart from the
hazardous cargo route except to pick up or deliver from the designated pick UP or
delivery site. Said vehicles may not park at any location alongside, or adiacent to the
truck route for any period of time except to pick up or deliver from the designated pick
up or delivery site. All required loading berths shall be off-street and located on the same
lots as the building or use to be served. The vehicle shall not leave the hazardous cargo
route until such vehicle has reached a point which is nearest the applicable place of
loading or unloading and shall return to the hazardous cargo route by the most direct
and/or the shortest route.
(Ord. No. 1792, S 1(25-84.1), 10-28-91; Ord. No. 97-2172, S 1,4-14-97)
Sec. 70-236. Alternate routes.
Whenever any street or roadway designated as a truck route is under repair, or otherwise
temporarily out of use, the chief of police shall be authorized to designate alternate truck
routes.
(Code 1970, S 25-88)
Sec. 70-237. Location of truck terminals.
Truck terminals, as defined in section 70-211, shall only be located in areas directly
adjacent abutting the right-of-way of the truck routes specifically designated in section
70-231.
(Code 1970, S 25-84; Ord. No. 97-2172, S 1,4-14-97)
Cross reference, Section 106-746
Sec. 70-238. Lane use restrictions for trucks on portions of State Highway 225.
(a) That the findings contained in the preamble of Ordinance No. 2003-2618 are
determined to be true and correct. As evidence thereof, documents establishing the
approval described in the preamble of Ordinance No. 2003-2618 have been incorporated
into this section and made a part hereof as exhibit A.
(b) That, as used in this section, the following terms shall have the meanings ascribed in
this section:
Authorized lanes means the two controlled access lanes on each side of the State
Highway 225 (eastbound side and westbound side) that are most immediately to the right
of the left-hand (or inner) controlled access lane.
Designated portion of State Highway 225 means that portion of State Highway 225
between the point at which the corporate limits of the Cities of Deer Park and La Porte
abut on the west and the intersection of Sens Road overpass on the East.
Peak traffic hours means the hours between 6:00 a.m. and 8:00 p.m.
Truck means a "truck" as defined in Section 541.201 of the Texas Transportation Code
that has three or more axles or a "truck tractor" as defined in Section 541.201 of the
Texas Transportation Code, regardless of whether the truck tractor is drawing another
vehicle or trailer.
Workday means Monday through Friday, holidays observed by the closure of City of La
Porte offices excepted.
(c) Any person driving or operating a truck on the designated portion of State Highway
225 during peak traffic hours on any workday shall not utilize any controlled access lane
other than the authorized lanes.
(d) That enforcement of this section is subject to Section 545.0651 of the Texas
Transportation Code, and the prohibition established in subsection (c) of this section shall
not be effective during any period of suspension or revision of approval by the Executive
Director of the Texas Department of Transportation or the director's designee as provided
in subsection (t) of Section 545.0651 or during any period when traffic control devices
that are required to be erected and maintained by the Texas Department of Transportation
pursuant to Section 545.0651 are not in place, nor shall the provisions of this section be
construed to prohibit operation of a truck in a lane other than an authorized lane for the
purpose of passing another vehicle or for the purpose of entering and exiting the
highway.
The provisions established under subsection (d) shall constitute defenses to prosecution
under this section.
(e) Any person, as provided in Subchapter D of Chapter 542 of the Texas Transportation
Code, who shall violate any provision of this section, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed $200.00.
(Ord. No. 2203-2618, ~~ 1--5,3-24-03)
Secs. 70-239--70-255. Reserved.
DIVISION 3. WEIGHT LIMITS
Sec. 70-256. Enumeration.
Except as otherwise provided by law, no commercial motor vehicle, truck-trailer, trailer
or semitrailer, nor combination of such vehicles, shall be operated over, on or upon the
public streets and highways within the corporate limits, having a weight in excess of one
or more of the following limitations:
(1) No such vehicle nor combination of vehicles shall have a greater weight than 20,000
pounds carried on anyone axle, including all enforcement tolerances; or a tandem axle
weight in excess of 34,000 pounds, including all enforcement tolerances; or an overall
gross weight on a group of two or more consecutive axles in excess of that produced by
application of the following formula:
TABLE INSET:
I w ~ 500 I ( I N!Jf I ) I + 12N + 36
where W equals overall gross weight on any group of two or more consecutive axles to
the nearest 500 pounds, L equals distance in feet between the extreme of any group of
two or more consecutive axles, and N equals number of axles in group under
consideration, except that two consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, providing the overall distance between the first and last axles of
such consecutive sets of tandem axles is 36 feet or more; provided, however, that such
overall gross weight may not exceed 80,000 pounds, including all enforcement
tolerances.
(2) No such vehicles nor combination of vehicles shall have a greater weight than 600
pounds per inch width of tire upon any wheel concentrated upon the surface of the
highway and using high-pressure tires, and a greater weight than 650 pounds per inch
width of tire upon any wheel concentrated upon the surface of the highway and using
low-pressure tires, and no wheel shall carry a load in excess of 8,000 pounds on high-
pressure tires and 10,000 pounds on low-pressure tires, nor any axle a load in excess of
16,000 pounds on high-pressure tires, and 20,000 pounds on low-pressure tires.
(3) Nothing in this section shall be construed as permitting size or weight limits on the
national system of interstate and defense highways within the corporate limits of the city
in excess of those permitted under 23 use 127. Ifthe federal government prescribes or
adopts vehicle size or weight limits greater than those prescribed by 23 use 127 for the
national system of interstate and defense highways, the increased limits shall become
effective on the national system of interstate and defense highways within the corporate
limits of the city.
(4) In this section, an axle load is defined as the total load transmitted to the road by all
wheels whose centers may be included between two parallel transverse vertical planes 40
inches apart, extending across the full width of the vehicle. Tandem axle group is defined
as two or more axles spaced 40 or more inches apart from center to center, having at least
one common point of weight suspension.
(5) Any police officer, having reason to believe that the gross weight or axle load of a
loaded motor vehicle is unlawful, is authorized to weigh the vehicle by means of portable
or stationary scales approved by the police department of the city for such use, or the
police officer may cause the loaded motor vehicle to be weighed by any public weigher
and may require such vehicle to be driven to the nearest available scales for the purpose
of weighing. If the gross weight of a vehicle weighed pursuant to this subsection, is found
to exceed the maximum gross weight authorized by law, plus a tolerance allowance of
five percent ofthe gross weight authorized by law, such police officer shall demand and
require the operator or owner of the motor vehicle to unload, or cause to be unloaded,
such portion of the load as is necessary to decrease the gross weight of such vehicle to the
maximum permitted by law, plus such tolerance allowance. Such vehicle may not be
operated further over the public streets and highways within the city until the gross
weight of the vehicle has been reduced to a weight not in excess of the maximum
authorized by law plus such tolerance allowance, except as authorized under this
subsection. If the axle load of a vehicle weighed pursuant to this subsection, is found to
exceed the maximum authorized by law, plus a tolerance allowance of five percent of the
axle load authorized by law, such police officer shall demand and require the operator or
owner of the motor vehicle to decrease the axle load to the maximum authorized by law
plus such tolerance allowance. The owner or operator may reduce such load by
rearranging the cargo, if possible, or by unloading or having others to unload such portion
of the cargo as is necessary to decrease the axle load to the maximum authorized by law,
plus such tolerance allowance. Such vehicle may not be operated further over the public
streets and highways within the city so long as any axle load exceeds the maximum
authorized by law plus such tolerance allowance except as authorized under this
subsection. If the load of a motor vehicle consists of livestock, the operator shall be
permitted to proceed to the destination without unloading providing the destination is
within the state. If the gross weight of a motor vehicle or an axle load exceeds the
maximum permitted by law, plus a tolerance of five percent of the gross weight
authorized by law, but the police officer believes that the cargo cannot be unloaded or
rearranged safely at the place where such vehicle was weighed, or the police officer
believes that the unloading or rearranging of the cargo at such place would create an
unreasonable disruption of traffic, he shall require the operator to proceed to a location
where the cargo can be unloaded or rearranged safely without causing disruption to
traffic. Such location shall be the nearest such place on city property, or property under
the control of the driver or his principal, or on property where consent has been given for
such loading and where it is feasible to unload or rearrange such cargo.
(Code 1970, S 25-86(a))
Sec. 70-257. Operation of overweight vehicles; special permit required.
Any person desiring to operate a vehicle on city streets in excess of the load limit set out
in section 70-256 shall first obtain a special permit from the city inspection department.
Such permit shall not be issued unless reasonably necessary.
(Code 1970, S 25-86(b))
Sec. 70-258. Application of division to road rollers or other road machinery; permit
required.
The limitation as to weight prescribed by section 70-256 shall not apply to road rollers or
other roadmaking or road repairing machinery being moved or used on a street by the
United States, the state, the city or any contractor moving or using such road machinery
in the performance of or preparatory to the performance of a contract with either the
United States, the state or the city, but in event of any such roadmaking or road repairing
machinery of a weight in excess of the limit set out in section 70-256 being moved over
the streets or bridges in the city, the person charged thereof shall first obtain from the
inspection department a permit for such movement, which permit shall designate the
route or streets and also the bridges over which such movement shall take place, and such
machinery may then be moved, but not elsewhere than over such designated routes.
(Code 1970, S 25-86(c))
Sec. 70-259. Liability for damages done to streets, bridges or culverts.
Any person moving or causing to be moved a load which, together with the weight of the
vehicle, exceeds the limit as set out in section 70-256, shall be liable to the city for any
damage done by any such excessively loaded vehicle to the streets, bridges or culverts in
the city and the acceptance of either of the permits provided for in this division shall be
conclusive evidence that the person to whom such permit is issued agrees to make good
and pay all such damages upon demand thereof made by the city.
(Code 1970, S 25-86(d))
Sec. 70-260. Compliance by operator with state law provisions.
The driver, owner, operator or other person operating or driving any commercial motor
vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles over, on or
upon city streets or public highways within the limits of the city shall comply with the
provisions ofV.T.C.A., Transportation Code SS 502.151, 502.178, 621.002, 621.101,
621.501, and 621.951.
(Code 1970, S 25-86(e))
Sec. 70-261. Signs and markings.
(a) When signs are erected giving notice thereof, no person shall operate any vehicle
with a gross weight in excess of the amounts specified on such signs, at any time, upon
any ofthe streets or parts of streets so signed. Under this section, as vehicle weight is
indicated by the number of axles supporting such vehicles, signs limiting the number of
axles on vehicles shall be official.
(b) When signs are erected stating "No Through Trucks," "No Trucks" or designate no
trucks by international signage, no person shall operate any commercial vehicle
exceeding three tons gross weight at any time upon any of the streets or parts of streets so
signed, except that such vehicles may be operated thereon for the purpose of delivering or
picking up materials or merchandise, and then only by entering such street at the
intersection nearest the designation of the vehicle and proceeding no farther than the
nearest intersection thereafter.
(Code 1970, S 25-87; Ord. No. 1792, S 1(25-87), 10-28-91; Ord. No. 97-2172, S 1,4-14-
97)
Sec. 70-262. Limitation on length of vehicles.
No motor vehicle shall exceed the limits set forth in V.T.C.A., Transportation Code SS
621.203--621.206.
(Code 1970, S 25-89; Ord. No. 1792, S 1 (25-89), 10-28-91; Ord. No. 97-2172, S 1, 4-14-
97)
Sec. 70-263. Penalty for violation of division.
The driver, owner, operator or other person operating or driving any commercial motor
vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles, over, on or
upon city streets or public highways within the limits of the city who fails to comply with
the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall
be fined in any sum in an amount established by the city and listed in appendix B of this
Code.
(Code 1970, S 25-86(f))
Sees. 70-264--70-280. Reserved.
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