HomeMy WebLinkAboutO-1998-1501-BB
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· ORIGINAL
ORDINANCE NO. 1501---BlL
'AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-521, TABLE A-
INDUSTRIAL USES, SECTION 106-522, TABLE B-INDUSTRIAL AREA
REQUIREMENTS, AND SECTION 106-772 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, BY PROVIDING THAT HEIGHT RESTRICTIONS MAY BE
MODIFIED IN H-I ZONES, AS A CONDITIONAL USE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM
OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 20th day of August, 1998, at 6:00 p.m., a public
hearing was held before the Planning and Zoning Commission, of the City of La Porte,
Texas, pursuant to due notice, to consider the question of the possible amendment of the
Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit
"A", and incorporated by reference herein and made a part hereof for all purposes, the
publisher's affidavit of publication of notice of said hearing.
Section 2. Subsequent to such public meeting, the City of La Porte Planning and
Zoning Commission met in special session on August 20th, 1998, at 6:00 p.m. to consider
the Ordinance amendments which were the subject of such public hearing. The City
Council of the City of La Porte is in receipt of the written recommendations of the City of
La Porte Planning & Zoning Commission, by letter dated August 21, 1998, a true copy of
which letter is attached hereto as Exhibit "B," and incorporated by reference herein, and
made part hereof for all purposes.
ORDINANCE NO. 1501t
PAGE 2
.
Section 3. The City Council of the City of La Porte hereby finds, determines and
declares that on the 14th day of September, 1998, a public hearing was held before the
City Council of the City of La Porte, Texas, pursuant to due notice, to consider the
recommendation of the City of La Porte Planning and Zoning Commission. There is
attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made
a part hereof for all purposes, the publisher's affidavit of publication of notice of said
hearing.
Section 4. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Sections 1 06-521, Table A- Industrial, and 106-522,
Table B- Industrial Area Requirements, and 106-772, Height Requirements, of the Code
of Ordinances of the City of La Porte are desirable and in furtherance of the goals and
objectives stated in the City of La Porte's comprehensive plan.
Section 5. Section 106-521 of the Code of Ordinances of the City of La
Porte, Texas is hereby amended to read as follows, to-wit:
"DIVISION 4. INDUSTRIAL DISTRICT REGULATIONS
Subdivision L. Generally
Sec. 106-521. Table A, industrial uses.
(a) Table A, industrial uses.
P (ABC) - Permitted uses (subject to designated criteria established in section
106-523).
P - Permitted uses.
A - Accessory uses (subject to requirements of section 106-741).
ORDINANCE NO. 1501-ttB e
PAGE 3
C - Conditional uses (subject to requirements of sections 106-216 through 106-218
and designated criteria established in section 106-523).
* - Not allowed.
Uses (SIC Code #)
Zones
BI LI HI
All uses permitted or accessory in the GC
zone, except residential P P P
All uses conditional in the GC zone, except
residential C C C
Nonmanufacturing Industries:
Adult oriented business * * P(G)
Air transportation (451-458) P P P
General contractors, heavy construction
(161,162,1541) P P P
Highway transportation terminal and ser-
vice facilities (417) P P P
Motor freight transportation and warehous-
ing (421,423) * P P
Farm product warehousing and storage
(4221 ) * P P
Public warehousing (4222-4226) P P P
Railroad transportation (401) * * P
Shipping container, or fabricated plate work
(3443)
Storage inside P(ACDE) P(ACDE) P
Storage outside (refer to Section 106-
444(b) * P(ACDE) P
ORDINANCE NO. 1501-' e
PAGE 4
* - Not allowed,
Uses (SIC Code
Zones
BI LI HI
Wholesale trade:
Durable goods-light (502,504,507,5082,
5087,5094 ) P P P
Durable goods-medium (501) P P P
Durable goods-heavy (503, 5051, 5082- * C P
5085,5088)
Durable goods-heavy (5052,5093) * * P
Wholesale trade:
Nondurable goods-light (511-514,518) P P P
Nondurable goods-medium (5172,5191-
5199) C P P
Nondurable goods-heavy (515, 516, 5171) * * P
Manufacturing Industries:
Chemicals and allied products (282-285) * P(ACDE) P
Electrical and electronic equipment and
supplies
Light (361-365, 367) P(ACDE) P(ACDE) P
Medium (361, 366, 369) P(ACDE) P(ACDE) P
Fabricated metal products and machinery
Light (341-345,358,3592) P(ACDE) P(ACDE) P
Medium (3493, 3498, 351-353, 356) * P(ACDE) P
Heavy(346,347,354,355,357) * P(ACDE) P
Heavy(348 ) * * P
Food and kindred products
Light (202, 205, 2065-2067) P(ACDE) P(ACDE) P
Medium (2086, 2087, 2092-2099) C P(ACDE) P
Heavy (201, 203,204,2062, 2063,207,
ORDINANCE NO. 1501-' e
PAGE 5
2082-2085) * C P
* - Not allowed.
Uses (SIC Code #)
Zones
BI LI HI
Leather and leather products (311-319) C P(ACDE) P
Welding shops (7692) P(ACDE) P(ACDE) P
Lumber products, furniture and fixtures
Light (251-259) P(ACDE) P(ACDE) P
Medium (243-245) C P(ACDE) P
Heavy (249) * C P
Measuring, analyzing and controlling in-
struments (381-387) P(ACDE) P(ACDE) P
Miscellaneous manufacturing (391-396) P(ACDE) P(ACDE) P
Machine shops (3599) P(ACDE) P(ACDE) P
Miscellaneous manufacturing industries
(3991-3995 ) * P(ACDE) P
Off-premises freestanding signs See article VII of this chapter
On-premises freestanding signs See article VII of this chapter
Paper and allied products (265-267) * * P
Printing and publishing (271-279) P(ACDE) P(ACDE) P
Rubber and miscellaneous plastics (301,
302,304,306,307) * C P
Stone, clay, glass and concrete (321-325,
3261,327-329) * C P
Tank truck cleaning * * P
Textile mill, and finished products
Light (224, 225, 231-239) P(ACDE) P(ACDE) P
Medium (222, 223, 226, 229) * P(ACDE) P
ORDINANCE NO. 1501-'
PAGE 6
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Tobacco manufacturers (211-214)
* - Not allowed.
*
P(ACDE)
P
Uses (SIC Code #)
BI
Zones
LI
HI
Loading berths at the front or sides of
buildings adjacent to R.O.W.
c
c
C
Industrial PUD (refer to section 106-636)
c
c
c
Facilities in excess of height restrictions
imposed in Section 106-522
*
*
c
Unlisted uses, similar to uses listed above
C
c
c
(b) Interpretation and enforcement. Property uses, except as provided for by section
106-521 (a), Table A, are prohibited and constitute a violation of this chapter.
(c) Footnotes. All permitted uses in industrial zones must meet the following minimum
performance standards. If requested by the enforcement officer, all applications for
building permits must include a certification from a registered engineer that verifies
compliance with these performance standards. Where applicable, all permitted uses in
industrial zones must meet and be in compliance with the appropriate federal, state, or
local regulations.
A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away
from any adjoining residential zone or from public streets. Direct or sky-reflected
glare, where from floodlights or from high temperature processes such as
combustion or welding shall not be directed onto any adjoining property. The
source of lights shall be hooded or controlled in some manner so as not to light
adjacent property. Bare incandescent light bulbs shall not be permitted in view of
adjacent property or public right-of-way, Any light or combination of lights which
cast light on a public street shall not exceed one footcandle (meter reading) as
measured from the centerline of such street. Any light or combination of lights
which casts light on residential property shall not exceed 0.4 footcandles (meter
reading) as measured from such property.
B. Radiation and electrical emissions. No activities shall be permitted that emit
dangerous radioactivity beyond enclosed areas. There shall be no electrical
disturbance adversely affecting the operation at any point of any equipment
other than that of the creator of such disturbance.
C. Smoke. The emission of smoke by any use shall be in compliance with and
ORDINANCE NO. 1501--
PAGE 7
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regulated by the appropriate federal, state or local agency.
D. Dust or other particulate matter The emission of dust, fly ash or other particulate
matter by any use shall be in compliance with and regulated by the appropriate
federal, state or local agency.
E. Odors. The emission of odor by any use shall be in compliance with and regulated
by the appropriate federal, state or local agency.
F. Explosives. No activities involving the storage, utilization, or manufacture of
materials or products such as TNT or dynamite which could decompose by
detonation shall be permitted except such as are specifically licensed by the city
council.
G. Noise. All noise shall be muffled so as not to be objectionable due to
intermittence, beat frequency or shrillness and as measured at any property line,
shall not exceed the following intensity in relation to sound frequency:
Octave Band Frequency
Maximum Sound Levels - Decibels
Cycles per Second
Lot Line
H
Residential
District Boundary
20 to 75
75 to 150
150 to 300
300 to 600
600 to 1 ,200
1,200 to 2,400
2,400 to 4,800
Above 4,800
Impact Noise
78
74
68
61
55
49
43
41
80
63
59
55
51
45
38
31
25
55
Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels
beyond residential district boundaries (both Column II and Impact) shall be six
decibels less than shown above.
In distances where it is determined that a proposed land use may generate a
level of noise that will impact on surrounding land uses, the planning and zoning
commission and city council may require that efforts to reduce the potential noise
impact be undertaken. These efforts may include screening, landscaping and site
planning techniques.
ORDINANCE NO. 1501-~R
PAGE 8
(Ord. No. 1501 U, ~ A(art. B), 9-23-96)
Cross reference-Sexually oriented businesses, ~ 90-31 et seq."
Section 6.
e
Section 106-522 of the Code of Ordinances of the City of La Porte,
Texas is hereby amended to read as follows:
"See, 106-522. Table B, industrial area requirements.
(a) Table B, industrial area requirements.
Minimum
Yard
"Minimum Maximum Setbacks
Landscaping Lot F.R.S.
Requirements Coverage 1,3,5
Uses (percent) (percent) (feet)
BI business-industrial park; 6 50 50-40-30
all permitted or conditional
L1/ight industrial district; 6 70 20-10-10
all permitted or conditional
HI heavy industrial district. 6 30 50-50-30
all permitted or conditional
Loading docks N/A N/A 130-130-130
Outside storage
N/A
N/A
20-10-5
On- and off-premises free-
standing signs
Freestanding on-premises
sIgns located in controlled ac-
cess highway corridors
See article VII of this chapter
See article VII of this chapter
(b) Footnotes.
Adjacent to
Residential
Minimum
Yard
Setback
F.R,S.
2,5
(fe e t)
50-40-30
Maximum
Height
(feet)
45
30-50-50
45
100-150-150
458
Same as
principal
use plus
130 ft.
N/A
Same as
principal
use
Section 106
444(b)
1. A minimum landscape setback of 20 feet will be required adjacent to all
designated conservation areas. Buildings, parking areas, loading docks, outside
storage, and refuse containers will not be allowed in such setback areas. These
areas are to be landscaped with trees, shrubs, and ground cover, with a planting
plan required to be submitted and approved by the enforcement officer. Required
landscaping must be maintained by the property owner and/or occupant.
ORDINANCE NO. 1501-'
PAGE 9
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areas are to be landscaped with trees, shrubs, and ground cover, with a planting
plan required to be submitted and approved by the enforcement officer. Required
landscaping must be maintained by the property owner and/or occupant.
2. No buildings, parking areas, loading docks, outside storage, or refuse containers
will be allowed in such setback areas. These areas are to be landscaped with
trees, shrubs and ground cover, with a planting plan required to be submitted
and approved by the enforcement officer.
3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad
right-of-way, or rail service spurs.
4. See article V, division 4 of this chapter for additional requirements.
5. No sign shall be located in a required sight triangle in such a manner as to
obstruct traffic visibility at a level between three feet and six feet as measured
above adjacent road grade.
6. Height restrictions may be modified as a Conditional Use, provided that no
modification of height restrictions may occur adjacent to property zoned
residential or commercial, Provided further that no modification shall be
permitted if said modification would pose a danger to life or property.
(Ord. No. 1501-X, 9 5,12-16-96)"
Section 7. Section 106-772 of the Code of Ordinances of the City of La Porte,
Texas is hereby amended to read as follows:
"Sec. 106.772. Height requirements.
Th~ building height limits established in this chapter for distances shall not apply to the following
except if they are located within an airport height restriction area:
(1) Belfries;
(2) Chimneys or flues;
(3) Church spires, not exceeding 20 feet above roof;
(4) Cooling towers;
ORDINANCE NO. 1501-
PAGE 10
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(5) Cupolas and domes which do not contain usable space;
(6) Elevator penthouses;
(7) Flagpoles;
(8) Monuments;
(9) Parapet walls extending not more than three feet above the limiting height of the building;
(10) Water towers;
(11) Poles, towers, and other structures for essential services;
(12) Necessary mechanical and electrical appurtenances;
(13) Television and radio antennas not exceeding 20 feet above roof;
(14) Wind electrical generating equipment.
(15) Heavy Industrial (HI) facilities, with a Special Conditional Use Permit. See Section
106-521 and Section 106-522."
Section 8. Any person, as defined in Section 1.02(27) Texas Penal Code, who
shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,OOO.OO). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
Section 9. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
ORDINANCE NO. 1501-'
PAGE 11
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Section 10. 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 was 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 the Open Meetings Law,
Chapter 551, Texas Government 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 11. This Ordinance shall become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE ~DAY OF ~".p vv,/)er , 1998,
::~;t~~
V~ MA ,Mayor
ATTEST:
By:
MAR HA GillETT,
City Secretary
1200 Hwy. 146 ' ~-
Suite 180
P.O. Box 1414
.
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TheB':'j:
, '~
"
'Voice 0
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared John Black, F..ditor & Publisher of
The Bayshore Sun, a sani-weekly net.vspaper published
in the City of La Porte, Harris C'..ounty, Texas, and
''1ho after being duly S\oJOrn, says the attacherl notice
"JaS published in The Bayshore SUn of Al:l.fJElst
~
John Black /
Editor & Publisher
~ subscribed before me this 1"1'# day of
, 19 C; t .
~j.~
Sandra E. Bl1mgarner
Notary Public
H3.rris County, Texas
La Porte. Texas 77571
(713) 471-1234
NOTICE OF PUBLIC HEARING
A regular meeting of Planning and Zoning
Commission will follow the public matters
pertaining to the Commission.
Citizens wishing to address the
Commission pro or con during the public
hearing will be required to sign in before
the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXH'BIT A
.
e
City of La Porte
Established 1892
August 21, 1998
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its August 20, 1998,
meeting, considered a proposed amendment to Chapter 106 of the Code of
Ordinances regarding height restrictions in Heavy Industrial zones.
The Planning and Zoning Commission has, by a unanimous vote, recommended
that City Council consider approving this amendment to the Code of Ordinances.
Respectfully Submitted,
.~
Betty . Waters
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
John Joems, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
EXHIBIT B
P.Q.BoxII15 0 La Porte, Texas 77572-1115 · (713)471-5020
1200 Hwy. 146 ~'_
Suite 180
P.o. Box 1414
e
'r
TheB
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared .John Black, Editor & Publisher of
The Bayshore Sun, a se:ni -\veekl y ne\-'Jspaper published
in the City of La Porte, Harris C..ounty, Texas, and
,,,ho after being duly STlJOrn, says the attached notice
\Yas' published in The Bayshore SUn of 2-\:ugust 26, 1998 .
~%&
John Black /
Editor & Publisher
~ sUbscribed before me this 1/ -rP day of
, 19C}!.
~1~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
e
La Porte, Texas 77571
(713) 471-1234
THE STATE OF TEXAS
COUNTY OF- HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
.' A regular meeting of the City Council will
follow the public hearing for the purpose
of acting upon the public hearing items and
to conduct other matters pertaining to the
Council,
CItIzens wishing to address the Council pro
or con during the public hearing will be
required to sign in before the meeting Is
convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT C
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,
J
City of La Porte
Established 1892
September 9, 1998
Mr. Ron Evans, Manager
PPG Industries, Inc.
P.O. Box 995
La Porte, Texas 77572-0995
Dear Mr. Evans:
By this letter, PPG Industries, Inc. is hereby authorized to construct a parking lot over the alleys
in Blocks 861 and 868 and "H" Street between 15th and 16th Street (see attached Exhibit "A") in
accordance with the following terms and conditions:
1) The parking lot will be considered temporary and the term of this authorization shall not
exceed three (3) years.
2) Extensions to this authorization may be granted at the sole discretion of the City of La Porte,
based upon special circumstances.
3) The parking lot shall be constructed and maintained to be dust-free.
4) Upon termination of this authorization, all material used to construct the parking lot shall be
removed from the referenced street and alleys.
5) Nothing in this authorization shall limit the ability of the City of La Porte or its franchised
utility companies from installing and maintaining utility lines within the street and alleys.
6) Construction of the parking lot will require a building permit from the City of La Porte.
Issuance of a building permit will be based upon satisfactory compliance with City of La
Porte ordinance requirements as demonstrated on the submitted site plan.
7) PPG Industries recognizes that these streets and alleys are dedicated public rights-of-way and
further acknowledges that temporary permission to occupy the rights-of-way does not grant
or convey any expressed or implied interest in the rights-of-way.
The terms and conditions of this authorization are hereby agreed to:
CITY OF LA PORTE
PPG INDUSTRIES, INC.
tl!4:~
~Manager, EH & S
G?o&J: '1: ~
City Manager
P.Q.BoxII15. La rone, Texas 77572-1 115 0 (713)471-5020
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EXHIBIT RAR -
PROPOSED TEMPORARY PARKING LOT
FOR P.P.G. CONSTRUCTION SITE
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