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HomeMy WebLinkAboutO-1990-1501-L .. . . ORDINANCE NO. l50l-L AN ORDINANCE AMENDING ORDINANCE NO. 1501, THE CITY OF LA PORTE ZONING ORDINANCE, ARTICLE II, SECTION 2-200, ARTICLE III, SECTION 3-100, ARTICLE V, SECTIONS 5-600, 5-601, AND 5-800, ARTICLE VI, SECTIONS 6-400, 6-401, AND 6-600, ARTICLE VII, SECTIONS 7-500, 7- 501, AND 7-502, ARTICLE X, SECTIONS 10-300.5, 10-300.10, 10-604b, 10-605, 10-605.10, 10-605.11, 10-609, AND 10-900, AND ARTICLE XI, SECTIONS 11-507 AND 11-601, 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 7th day of December, 1989, at 7:00 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 Commission met in regular session on December 7, 1989 at 7:00 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 and Zoning Commission, by letter dated July 3, 1990, a true copy of which letter is attached hereto as Exhibit nB", 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 24th day of September, 1990,a public hearing was held before the City Council of the City of La Porte, Tex~s, 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 . . Ordinance l50l-L, Page 2 purposes, the publisher's affidavit of publication of notice of said public hea~ing for the City Council of the City of La Porte. 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 the City of La Porte Ordinance No. 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 II, Section 2-200 of the Zoning Ordinance of the City of La Porte is hereby amended by adding and/or amending the sections contained on page 3 of Exhibit "D", the "Planning and Zoning Recommendations, 1989 Annual Review, Zoning Ordinance 1501 Items Considered", which is attached hereto and is fully incorporated by reference herein, which additions and amendments are highlighted by yellow translucent marks. Section 6. Article III, Section 3-100 of the Zoning Ordinance of the City of La Porte is hereby amended by adding and/or amending the sections contained on page 6 of Exhibit "D", which additions and amendments are highlighted by yellow translucent marks. Section 7. Article V, Sections 5-600, 5-601 and 5-800 of the Zoning Ordinance of the City of La Porte is hereby amended by adding and/or amending the sections contained on pages 27, 29, and 35 of Exhibit "D", which additions and amendments are highlighted by yellow translucent marks. Section 8. Article VI, Sections 6-400, 6-401, and 6-600 of the Zoning Ordinance of the City of La Porte is hereby amended by adding and/or amending the sections contained on pages 39, 40, 43, and 45 of Exhibit "D", which additions and amendments are highlighted by yellow translucent marks. Section 9. Article VII, Sections 7-500, 7-501 and 7-502 of the Zoning Ordinance of the City of La Porte is hereby amended by adding and/or amending the sections contained on pages 49 and 51 of . . Ordinance l50l-L, Page 3 Exhibit "D", which additions and amendments are highlighted by yellow translucent marks. Section 10. Article X, Sections 10-300.5, 10-300.10, 10- 604b, 10-605, 10-605.10, 10-605.11, 10-609 and 10~900 of the Zoning Ordinance of the City of La Porte is hereby amended by adding and/or amending the sections contained on pages 68, 69, 76, 77, 80, 81, 85, 88, and 89 of Exhibit "Dn, which additions and amendments are highlighted by yellow translucent marks. Section 11. Article XI, Sections 11-507 and 11-601 of the Zoning Ordinance of the City of La Porte is hereby amended by adding and/or amending the sections contained on page 101 and 102 of Exhibit "Dn, which additions and amendments are highlighted by yellow translucent marks. Section 12. 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 One Thousand Dollars ($1,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 13. 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. Section 14. 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 ., . . Ordinance l50l-L, Page 4 Civil Statutes Annotated, 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 15. 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 ,#dDAY OF~ 1990. CITY OF LA PORTE By, ~d~ d- If A 1--- I &RMAN M\fuNE ( M~'Y..:l e-' ATTEST: By: ~~ CHERIE BLACK, City Secretary ?'.~ ;';'1. ... ... . . ..'"'a. r:1 -it- 1200 Hwy. 146 Suite 180 P.O. Box 1414 ~ ; . La Pone, Texas 77571 (713) 471-1234 The B ~ Sun ... 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 newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of Septanber 09, 1990 r .~i.~ Sandra E. Bumgarner Office Manager Sworn and subscribed A.D. 19*.. before me this ~ day o~ C~h,1~ o ry Public' . . Harris County, .:Texas . FRANCES M. WIWAMS IIDIaIJ PlIIIIIc * STAll Of TEllAS .,CIIIa.......... EXHIBIT C ..,...~ . . c; ,PUBLIC NC.. ,-&; " . ~-_.. ~NOTicE OF PI '-iJLlC UEARING i In accordance with'tbe pro!lisions of IOrdinance 1501. the City""f La Porte 2011- I ing Ordinance, notice;s tl&reby given that ! the La Porte City Council will conduct a Ipublic hearing at 6:00 P.M. on the 24th Iday of September, 1990, in the Council Chambers of the City Hall, 604 West Fair- mont Parkway, La Porte, Texas. The . prupose of the public hearing is to conduct I the annual review of the City of La Porte 20ning~~ 'an . Items to be reviewed , include: . :An up tin'o rfj~'toState law;. , Inclusion of e ie' . ion and enfor- , 'cement lang gt; J . . . I A new definiti n f~~ & Breakfast Inns: I New listings'," Residential use Table A J regarding Bed & Breakfast Inns and Man- : ufactured Houlling; . , I New residential Special Use Perfonnance , Standard regarding Bed &. Breakfast Inns; Amendment to Commercial Use table A . regarding SIC -listing #7699" outdoor ' , sales and SIC listing 2752; Amendment to Commercial Special Use : Perfonnance Standards regarding com- patibility with surrounding area, outdoor , sales and service, and landscape buffers; ~_ Amendment to Seclion 10-300 regarding setbacks for accessory buildings 0' over , 1000 square feet and animal specialties; , Amendment to Section 10-605 regarding design standards. for parking spaces, : maneuvering aisles and landscape ; buffers; . Amendment tei Section 10-603 regarding a clarification of the method for calculating , required parking; . Amendment to Section 10-609 regarding . parking ,for Bed & Breakfast Inns; , Amendment to Section 11-304 regarding 'issuancje of zoning permits for non- . confonning uses; , Amendment to section 10-900 regarding I tr8e preservation;' . ! Amendment to Section 11-507 regarding I clarification of the method detennining the validity of protests to recommendations of the Planning and ioning Commission;' Amendment to Section 11-601 regarding .. .,., . . appointing alternate members to the 20n- . : .:, i:.., .... : ing Board of Adjustments and other 20n- '. . ',. I':... ingOrdinancerelateditemswhichlT!ayb8" :.. : ;:;~':Irl brought to the Council's attention during . '";~'. :.i.;3c.;::Jd the course of the public hearing, \ .' ..;.J'\;~"''''.r.c.~ ~ J It "t"V~ ----. A regular meeting will be held following . the public hearing for the purpose of act- =' Ing upon the public hearing item and con- duct other 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 !:3lack ,~i~ .S~~e~ .. ~., .... '.. .... ' ':l. ~ '" ~ . .~ - - -. . . PUBLIC NC ". \'NOTfCE OF Pt~'ljLIC HEARING In accordance with' tile pro'Jisions of Ordinance 1501, the City :'f La Porte Zon- ing Ordinance, niutiCe1s1~6"reby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 24th day of September, 1990, in the Council Chambers of the City Hall, 604 West Fair- mont Parkway, La Porte, Texas. The prupose of the public hearing is to conduct the annual review of the City of La Porte Zoning o~anr. Items to be reviewed include:(' .11' ' i .I'. ;R A "Y6.4, I., S I n upuating.oIJrel,pre~: to tate aw; Inclusion of ne'i' i!JlerP.~on and enfor- , cement langu;1g.; t t A new detiniti6n f~ed & Breakfast Inns; New listings In Residential use Table A regarding Bed & Breakfast Inns and Man- ufactured Housing; : New residential Special Use Performance Standard regarding Bed & Breakfast Inns; Amendment to Commercial Use table A regarding SIC listing #7699, outdoor sales and SIC listing 2752; Amendment to Commercial Special Use Performance Standards regarding com- patibility with surrounding area, outdoor sales and service, and landscape buffers; Amendment to Section 10-300 regarding setbacks for accessory buD dings of over 1000 square feet and animal specialties; Amendment to Section 10-605 regarding design standards for parking sp8ces, maneuvering aisles and landscape buffers; Amendment to Section 10-603 regarding a clarification of the method for calculating required parking; Amendment to Section 10-609 regarding parking .for Bed & Breakfast Inns; Amendment to Section 11-304 regarding issuancje of zoning permits for non- conforming uses; Amendment to section 10-900 regarding tree preservation; Amendment to Section 11-507 regarding clarification of the method determining the validity of protests to recommendations of the Planning and Zoning Commission; Amendment to Section 11-601 regarding appointing altemate members to the Zon- ing Board of Adjustments and other Zon- ing Ordinance related items which may be brought to the Council's attention during the course of the public hearing. A regular meeting will be held following the public hearing for the purpose of act- Ing upon the public hearing item and con- duct other matters pertaining to the City CounCIl. Citizens wishing to address the Council pro orcon during the Public hearing will be required to"slgn in before the meeting;s " convened. :.. CITY OF LA PORTE Cherie Black City Secretary '," ~ . e Ing design standards for parking ipaces. maneuvering alsl.8 and land4cape buffers; Amendment to Section 10-603 regarding a clarification of the methOd forc8Jculating required parking; . ' Ameridment to Section 10-609 regarding parking for Bed & Breakfast Inns; . Amendment to Section 11-304 regarding : Issuance of zoning permlls. fdr non- conforming uses; , . Amendmeni to sectiC!' 10-900 reOaiding trH, pr:eservation; . Amendment. to Section 11-507 regarding clarification of the method determining the validity of protests to recommendations of the Planning and Zoning Commission; Amendment to Section 11-601 regarding apPolnilng alternate members to the Zon- Ing Bpsrd 0; Adjustments; and other Zon- ing Oidinance related ite~s which may be brought, to the Commission's attention during ~e course of .the ,publ,lc hefring, ,. . _. '.. . . ~.n ., A ;eg~la~ meellriQ will bit held f9liowlng ,PUBLIC NOTICE the public hearing for the purpose of act- NOnCE qF I~ upon'the public hearing 119!" and con- PUBLIC HEARING . " Clucl olh~r matters pertalnl"g to the Plan- In acCordance with the provisions of . nlng and .Zonlng . Cor~;lItllsslori. , ,Ordinance 1501, the City of. La Porte Zon- ,. " " ingOrdinance, the City of La PorieZonlng . Citizens wishing to address the Com- Ordinance, notice is hereby given that Jhe mission pro or con during the Public Hear~ ..l~, Po.rte Planning a~o~lngi CJ.l!'rW$- loa. ~iVl ~!~ulred to sign In before the hslon w,RI conduct a ou"6 I h'eannn jal7':Uo mee no..!s _ ~nvened. '.; .. . ".l;tbnthe7tI1Clay'8't)8cembar~19Wi'ln ..'1 ?-,"~.'.;l ,'". ,.;1' . ' -Ci: "tOuncll Chamflrenr. '1Ift1l1 6J1118ii,. W\'tf OF~ I.A~ PORTE' fJ I' ; , , ; 604 Wesl i~1 Pay, La Porte. Cherie Black' . Texas. The ur e of e public hearing City SecretarY : . Is to condu Ihe nu review of the City _ of La Porte oni 0 Inance.ll9ms to be ' reviewjKf i lu . , . An updatin of , Inclusion of new 19 cement langua ; A new definatio for New Rstings I esi regarding Be Bre ufactured H, sing; . New re,lden I Sp I U~ rformance Standard regarding ed & Breakfast Inns: Amendment to Commercial Use Table A regarding SIC IIsting"7699 and outdoor ,s81&8; .. Amendment to Commercial Spedal use Performance Standards regarding com- palibffity with surrounding area, outdoor sales arid service, and landscape buffers; Amendment to Section 10-300 regarding. selbacks .for accessory buildings of OVGr ' 1000 square feet and animal specialties; Amendment t~ Section 10-605 regard- , 1200 Hwy. 146 Suite 180 P.O. BOlt 1414 . . La Porte; Texas 77571 (713) 471-1234 The B · reo Sun . " 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 newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of November 19, 1989 ,t~J .~'{f<~~e- Sandra E. Bumgarner Office Manager Sworn and subscribed before me A.D. 19~. this ~ day of jJL~'.~'" ~.,,____~... h. .#~~~-- Notary Public Harris County, Texas ,.".."0" ", .' ' \:1 A!h "::. ...' ~ \" .......~.. "', ... ,,' ... ~ ~.. ." ~. . , .. ~'J ....."!\ ..".' '. . . ~ "I. . :' .l"~.~ I,l'\ 0' .~ ; l.~'i '-~- . .p'~.. ~... , : &I':' , . .- : . :~4. (O#"~':: :. : : \ I ~ .. I tl' .:.. .. -:. y,'. ('....., .... '. l. (t" ..:. v"'. iJI 'ft'"'' \. ..' ,. .011... '" ..... . . '. '00 ...,. ...... J . . EXHIBI1' A . CITY OF L'POR TE . . PHONE17131471-5020 . P. 0, 80' I I 15 LA POHTE, T"XAS 77572-1 I 15 :\,. ,..~~.":'_::..~:~~'~:~:~:.::r~':~.?::::"- .' ..,. ,,';' ,. . . . ~t . f . .t, ". ",. .", ::...J ~. :..; ,~.. :!' " . July 3, 1990 Honorable Mayor Norman Malone and City Council City of La Por.te RE: 1989 Annual Review of Zoning Ordinance 1501 Dear Mayor Malone: The Planning and Zoning Commission at their Decemher 7, 1989, Public Hearing and Regul.ar Meetinq, cOllsi.dered items included in the 1909 annual Zoning Ordinance review. Items under consideration includRd the following: An updating of refezences tu State Idw; Inclusion of new irllerpretatlon and enforcement language; A new definition for Bed & Breakfast Inns; New listings in Residential Use Table A regarding Bcd & Breakfast Inns and Manufactured Housinq; New residential Special Use Performance Standard regarding Bed & Breakfast Inns; Amendment to Commercial Use <fable A reqi'lrcling SIC li~ti ng "7699 and outdoor sal.es; Amendment to Commercial Sper:ial USt? P("r.formancC! Standards regarding compatibility with surrounding area, outdoor sales and service, and landscape buffers; Amendment to Section 10-JOO regarding setbacks for clccessory buildings of OVI~l: 1000 square feet and animal sp(~cialties; Amendment to Section 10-605 regardin0 design standards for parking spaces, maneuvering aisles and landsr:ape buffers; Amendment to Section 10-603 regarding a clarification of the m~llt()d for calculrlt.in'J .r.equired parkinq; Amendment to Section 10-609 regarding parking for Bed & Breakfast Inns; Amendment to Section 1]-30~ regHrding p. e r m its for n () n - con for m i n I) u S t~ S ; Amendment to Section 10-900 regarding tree pre5erv~tinn; Amen~ment to Section 11-507 regarding clarification of method deter.mining the validity of pr.Olll:-;t:--; recommendations of the Planning and Zoning Commi~~ion; Amendment to Section 11-601 regarding appointing alternate members to the Zoning Board of Adjustments. issuance of 7.oning the 1.1I EXHIBIT B -, . . Page -2- The Commission, at the close of the public hearing, by unanimous vote, recommended City Council approval of all proposed ordinance amendments contained in the attached review pa(:kets. Respect f 1.111.1, Subm i. t ted, ~J :JJ-~Lt~~ J~r et Graves, Chairman, PI nning & Zoning Commission MSL/cs enclosure