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HomeMy WebLinkAboutO-1992-1501-O o. . ORDINANCE NO. 1501-0 AN ORDINANCE AMENDING ORDINANCE NO. 1501, THE CITY OF LA PORTE ZONING ORDINANCE, ARTICLE III, SECTION 3-100 ~ ARTICLE V, SECTION 5- 600, SECTION 5-800; ARTICLE VI, ARTICLE X, SECTION 10-609; 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 ONE THOUSAND DOLLARS ($1,000.00) 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 21st day of May, 1992, 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 hearing, the City of La Porte Planning and Zoning C~mmission met in regular session on May 22, 1992 at 6:0~ 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 and Zoning Commission, by letter dated May 22, 1992, a true copy of which letter is attached hereto as Exhibit "B", and incorporated by reference herein, and made part hereof for all purposes. section 3. The City Council of the City of La Porte hereby finds, determines and declares that on the 13th day of July, 1992, 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 public hearing for the City Council of the City of La Porte. . . Ordinance 1501-0 Page 2 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 Ordinance 1501, the Zoning Ordinance 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. Article III, Section 3-100 (Definitions) of the Zoning Ordinance of the City ~f La Porte is hereby amended by striking from the definition of "Bed and Breakfast", the word "inns" and inserting language regarding compliance with other applicable codes. Said changes are set out by strikeover and boldface type on Page 1 of Exhibit D, the recommendations of the Planning & Zoning Commission which is attached hereto and is fully incorporated by reference herein. Section 6. Article V, Section 5-600, (Table A, Residential) of the Zoning Ordinance of the city of La Porte is hereby amended by striking the word "inns" from the Bed and Breakfast table listing and by redesignating Bed and Breakfasts a Conditional Use in R-1, R-2, and R-3 zones. Said changes are set out by strikeover and boldface type on Page 2 of Exhibit D, the recommendations of the Planning & Zoning commission which is attached hereto and is fully incorporated by reference herein. Section 7. Article X, Section 10-609 (Number of [parking] Spaces Required) of the Zoning Ordinance of the City of La Porte is hereby amended by striking the word "inns" from the Bed and Breakfast table listing. Said change is set out by strikeover on Page 2 of Exhibit D, the recommendations of the Planning and zoning commission which is attached hereto and is fully incorporated by reference herein. 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 ($2,000.00). Each day a violation of this ordinance shall . . Ordinance 1501-0 Page 3 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 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. 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, Article 6252-17, Texas Revised civil statues Annotated~ and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter therec;>f 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 ordinance 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. . . Ordinance 1501-0 Page 4 PASSED AND APPROVED THIS ./ 3 ti DAY OF 7+ , 1992. CITY~ LA PORTE ~ By: ~~ r / NORMAN N Mayor ATTEST: ~~ By:. , CHERIE BLACK . City Secretar By: APPROVED: -- . . CITY OF LA~ PORTE PHONE 17131 471-5020 . p, 0, Box 1115 It LA PORTE, TEXAS 77572 / ,.- ..--,) ....,.;#~' ./ -:0. ..... ......- ", May 22, 1992 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone, The Planning & Zoning Commission at its May 21, 1992 public hearing and regular meeting. considered four (4) amendments proposed to Zoning Ordinance 1501. The proposals, which all deal with the regulation of Bed and Breakfasts, will amend the following ordinance sections: Section 3-100; Definitions Section 5-600; Residential Table A Section 5-800; Special Use Performance Standards Section 10-609; Required Parking The proposed regulations are detailed in the attached staff report. The Planning & Zoning Commission recommends City Council approval of each of these proposed amendments. Respectfully Submitted, ~~ Inge Browder Chairman, Planning & Zoning _Commission xc: Planning & Zoning Commssion EXHIBIT B . THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING . In accordance with the provisions of Ordinance 1501, the city of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of July, 1992, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to consider amendments to Zoning Ordinance 1501 regarding regulation of Bed & Breakfasts. Amendments are proposed for section 3-100, Bed & Breakfasts defined; section 5- 600, Residential Use Table A, Bed & Breakfasts regulated within zoning districts; section 5-800 Special Use Performance Standards, special regulations pertaining to Bed & Breakfasts. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing item and to conduct ~ther matters pertaining to the City 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 Cherie Black City Secretary EXHIBIT C . . The following report was considered by the Planning & Zoning Commission during the May 21, 1992, Public Hearing. The Commission recommends City Council approval of the proposals contained in this report. Staff Report Bed and Breakfasts April 16, 1992 The Planning and Zoning Commission, at its March 19, 1992, meeting directed staff to prepare language amending the Zoning Ordinance provisions that regulate Bed and Breakfasts (B&B). These regulations, which are located in four (4) separate ordinance sections, follow. The amending language which has been added to these sections is highlighted with bold face type. Language presently in the ordinance which is to be deleted is indicated by strikeovers. 3-100 DEFINITIONS: Bed and Breakfast hm: A building, the primary use of which is a single family residence, in which sleeping rooms are available for overnight rental subject to the following restrictions. 1. Bed and Breakfast tims shall be operated by resident homeowners. 2. No more thaB three (3) rental rooms shall be provided. 3. Reams shaH. be let by reservatioB oItiy. 2. Bed and Breakfast IBBs shall conform to the requirements of Section 5-800. 3. Parking shall be provided in accordance with the requirements of Section 10-609. 4. A Bed and Breakfast shall be allowed one (1) sign, not exceeding three (3) square feet in area and non-illuminated. This sign may be either mounted on the building or located in a landscaped portion of the yard. Yard signs shall be located in accordance with the provisions of Section 10-1000, Residential Sign Table B. EXHIBWT 1;) Page 2 of 2 Planning & Zoning Commission Staff Report - Bed & Breakfast April 16, 1992 . . 5-600 RESIDENTIAL TABLE A: Uses Zones R-1 R-2 R-3 MH Bed and Breakfast IfiftS as defined by Section 3-100 * * p * C C C 5-800 SPECIAL USE PERFORMANCE STANDARDS: H. Bed and Breakfast IflHS (as defined in Section 3-100) 1. Bed and Breakfast IfiftS shall be operated in accordance with the Bed and Breakfast and home occupation requirements of 3-100. 2. Additional requir:ed parking shall not be provided in any required front or side yard. 3. Bed and Breakfasts shall comply with the Boarding House requirements of the currently adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101). 10-609 REQUIRED PARKING: Uses Number of Parking Spaces Required for Each Bed and Breakfast If1ftS 2 Minimum. Plus 1 Each Rental Room EXHIBrr D et .,: PUBLIC NOTICE 'NOnCE:- OF PUBLIC HEARING In accordance with the provisions of !='rdinance 1501, the City of La Porte Zon- 'ng Ordinance, notice is hereby given that th~ ~a Po~e Planning and Zoning Com- ! miSSIon will conduct a public hearing at 6:00p.m. ~n the 21st day of May, 1992, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, !exas. The.purpose of the Public Hearing IS t~ consIder amendments to Zoning Ordlnanc?p-1"50 1 regarding regulation of Bed & Breakfasts. Amendments are prop- OSed,for"S'ection ;i-l00. Bed & Breakfasts defined; S~tion' 5-600, Residential Use . ! able ~.....eed & ~reakfasts regulated with- lO'zomng districts; Section,.5-aoo Special Us~ Perform~~'Standards, special reg- ulations pe~?ng til, Be1 & B:;~kfasts, A. regular ",~~ng of the :~ning and ZOOl~g Comma.!~I~Will follow the public heanng for the purpose of acting upon the public hearing item and to conduct other matters pertaining to the Planning and ' Zoning Commission. Citizens Wishing to address the Com- mission pro or con during the Public Hear- ing will be required to sign in before the meeting is convened. .... ~- PUBLIC NOTICE - NOTICE OF' PUBLIC HEARING In accordance with the provisions of Ordinance 1501 , the City of La Porte Zon- ing Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 p.m. on the t3th day of July, 1992, in ,the Council Chamber of the City Hall, 604 West Fainnont Park- way, La Porte, Texas. The purpose of the - Public Hearing is to consider amend- ments to Zoning Ordiance 1501 regarding regulation of Bed & Breakfasts. Amend- ments are proposed for Section 3-100, : Bed & Breakfasts regulated within zoning districts; Section 5-800 Special Use Per- fontlance Standards, special regulations pertai/)Ulg fD Bed & Breakfasts. 1>- i A reguliJr meeting of the City Council vill followJhe public-hearing for the pur- ,",ose of !Jcti'!5J-WPon...tbe. public hearing Item and to condu,ct oth~rnatters pertain- ing to the City ",~ouncil. . -...' .... Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened, CllY OF LA PORTE Cherie Black City S~retaIY CITY OF LA PORTE Cherie Black City Secretary ,"' i J . " La Porte,. Texas 77571 (713) 471-1234 The Sun 1200 Hwy. 146 Suite 180 P.O. Box 1414 County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly new~paper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore. Sun of June 28, 1992 .~~.~ Sandra E. Bumgarner Office Manager Sworn and subscribed before me this o(q 'day of ~~~ A. D. 19 q.:J.. . _...1- ".,1 '-- ,~/h. .-/r~ Notary Public Harris County, Texas FRANCES M. WILLIAMS NolBry Public STATE OF TEXAS My Comm. EI~, March 26, 1994 EXHIBrr C .' PUBLIC NOTICE -.,.-- NonCE OF~ PUBLIC HEARING In accordance with the provisions of . Ordinance 1501, the City of La Porte Zon- ing Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 p.m. on the 13th day of July. 1992, in ~ Council Chamber of the City Hall, 604 West Fairmont Park- way. La Porte, Texas. The purpose of the PUblic Hearing is to consider amend- ments to Zoning Ordiance 1501 regarding regulation of Bed & Breakfasts. Amend- ments are proposed for Section 3-100, Bed & Breakfasts regulated within zoning di~Sts; Section 5-800 Special Use Per- . fo ance S dards, special regulations pe ~ng Bed & Breakfasts, ~~ul r meeting of the City Council Ifill folio ~e PUblj~ng f~r the ~ur- .,ose of .~n 0 public heanng item and du t oth atters pertain- ing to e Ci ou", Citizens lshing to add~ss the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. .....- CITY OF LA PORTE Cherie Black City Secretary . -"41,,, . , "" ,. 1200 Hwy. 146 Suite 180 P.O. Box 1414 .,. . . La Porte,' Texas 77571 (713) 471-1234 TheB Sun County of Harris , State of Texas Before me, the undersign~d authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly new~paper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore' Sun of Mav 06, 1992 .~A.~~ Sandra E. Bumgarner Office Manager Sworn and subscribed before me this ~q day of StL~ A. D. 19.u.. c----...-f ~ NotG1C'. jj,f.:'''4 Harris County, Texas e FRANCES M. WIlLIAMS Nollry PublIC * * STATEOF.TEXAS ~. ..,Comm. Exp.lbn:h2&.l994 EXHIBIT A . PUBLIC NOTICE . NOTICS> OF PUBLIC HEARING In accordance with the provisions of. Ordinance 1501 , the City of La Porte Zon- ing Ordinance, notice is hereby given that the La Porte Planning and Zoning Com- mission will conduct a public hearing at 6:00p.m. on the 21st day of May, 1992, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is' to consi . amendments to Zoning Ordinan 501 regarding regulation of Bed reakfasts.lAmendmentsare prop- os tion f100, Bed & Breakfasts defined; 'tio~ 5-600, Residential Use Table A &'reakfasts regulated with- . in-zon g distrjfts; Section -800 Special Use PerformlJl'l . tanda s, special reg- ulations pe~i g Be & Bre,a~fasts, f the.. ning and Zoning Com '$s' will follow the public hearing for the purpose of acting upon the public hearing item and to conduct other matters pertaining to the Planning and Zoning Commission. Citizens wishing to address the Com- mission pro or con during the Public Hear- ing will be required to sign in before the meeting is convened. CITY OF LA PORTE Cherie Black City S&cretaty 30, .._..l:.~.~~: _7'1<-;'::' ;::.-:."".- .\ . ..J .;. ;