Loading...
HomeMy WebLinkAbout02-25-1993 Special Called Meeting of the La Porte Planning and Zoning Commission• • . AGENDA A SPECIAL CALLED MEETING OF THE LA PORTS PLANNING AND ZONING COMMISSION WILL BE HELD FEBRUARY 25, 1993, AT 6 P.M. IN THE COUNCIL CHAMBERS OF THE LA PORTS CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTS, TEXAS. I. CALL TO ORDER II. CONSIDER FINAL PLAT APPROVAL FOR, THE CORONET ESTATES SUBDIVISION LOCATED ON ROBINSON ROAD AT NORTH "P" STREET. SUBDIVISION IS TO BE PLATTED FROM A 50.30 ACRE TRACT WHICH i IS COMPRISED OF LA PORTS OUTLOTS 354; 355; 356; 385; 386; AND PORTIONS OF LOTS 353, 357; 384. III. CONSIDER FINAL PLAT APPROVAL FOR THE DENIM & DIAMONDS SUBDIVISION WHICH IS TO BE LOCATED ON NORTH "P" STREET. SUBDIVISION IS TO BE PLATTED FROM A 31.92 ACRE TRACT WHICH IS COMPRISED OF LA PORTS OUTLOTS 374; 375; 366 AND PORTIONS OF LOTS 365 AND 376. IV. ADJOURN • • • CORONET ESTATES SUBDIVISION PLAT REVIEW • Staff Report Coronet Estates Subdivision February 23, 1993 Backgiound: On February 18,1993, the Planning and Zoning Commission reviewed and granted approval to the preliminary plat of the Coronet Estates Subdivision (See Exhibit A). Under the terms of Development Ordinance 1444, Coronet Estates at 50.30 acres, is classified as a "major subdivision". Development Ordinance Section 4.03 and 4.04 establishes a two phase approval process for major subdivisions. The first phase is Commission approval of a preliminary plat. This was done at the February 18, Planning and Zoning Commission meeting. The second phase is approval of a final plat. This is the approval now being sought from the Commission by the applicant. • Analysis: In granting approval of the preliminary Coronet Estates plat, the Commission noted two specific items which would have to be addressed by staff and the applicant. These items are covenants and street lighting. The first issue is covenants. Staff has reviewed the covenants submitted by the applicant (see Exhibit B). The following changes should be made to the covenants as submitted: I. The document should be clearly titled as Covenants or Deed Restrictions for the Coronet Estates Subdivision. II. The wording of paragraph #4 does not clearly state the paragraph's intent. This paragraph should be rewritten. III. Paragraph #5 states "...nothing contained shall prevent the building and maintenance of servants quarters for domestic servants so long as the same are attached to a part of the main building unit or garage..." Garage apartments and other accessory dwellings are not allowed in R-1, Low Density Residential Zones. This provision is in direct conflict with Zoning Ordinance 1501 and should be stricken from the covenants. • • Page 2 of 4 Coronet Estates Subd. Staff Report 2/23/93 • The City Attorney's office is in the process of reviewing the covenants for this subdivision. Any additional items requiring amendment will be detailed during the February 25, meeting. The second item is street lighting. Staff is working with Houston Lighting & Power's Design Department to finalize street lighting design. Staff will present an update to the Commission during the course of the meeting. Staff, as required by Ordinance 1444, has reviewed the plat for conformance with the requirements specified in the Development Ordinance, Appendix "D" (see Exhibit C). In performing this review staff has found the following: A. Graphic Contents 1. Name of Owner: Properly noted. • 2. Name of Engineer or Surveyor: Properly noted. 3. Legal Boundary Description: Properly noted. 4. Legal and Special Statements: Properly noted. B. Documentation 1. Proposed Streets: Not applicable. There are not internal streets proposed for this subdivision. 2. Proposed Utilities: Not applicable. No internal utility easements are proposed for this subdivision. 3. Coordinate Listing: Properly noted. • • Page 3 of 4 Coronet Estates Subd. Staff Report 2/23/93 4. Utility Company Letters Not applicable. Subdivision will be serviced by existing utilities located on Robinson Road and North "P" Street. No new utility easements are proposed. 5. Private Easements: Not applicable. No new easements are proposed for this subdivision. 6. Private Easement Holders Consent: There is an existing Harris County drainage easement located on the property. The applicant has submitted a letter from the Hams County Flood Control District that satisfies the provisions of this requirement in regards to the existing easement. 7. Residential Park Land: The applicant, as specified by Ordinance, has paid $2,255.00 to the City in lieu of park land. This money has been placed in escrow by the i City and utilized as specified in staffs preliminary plat report. 8. Conditional Approval Documents: Not applicable to this plat. Conclusion: Development Ordinance Section 4.04.D requires the Commission, subsequent to their review of the final plat to: 1. Approve the final plat as filed; or 2. Disapprove the final plat as filed, provided the reasons for disapproval are stated in writing and a copy of the statement is signed by the Chairman of the Planning and Zoning Commission. Should the plat be disapproved, the applicant will be required to refile a new, amended final plat. Should the plat be approved, the applicant would normally be authorized to begin construction of public improvements within the subdivision. Because, in this subdivision there are to be no public improvements, the applicant will move directly to the recordation . process. • • • Page 4 of 4 Coronet Estates Subd. Staff Report 2/23/93 As per the requirements of Development Ordinance Section 4.04.E, the applicant will submit a plat drawing, recorded on mylar film. After all required signatures have been placed on the plat, it will be submitted to Harris County for filing. The applicant must also submit a document (in the form specified by Appendix D) which authorizes the County Clerk to return the mylar document to the City where it will become a part of the Commission's permanent files. As noted, if this plat is approved by the Commission, it will not be signed by officers of the City, nor will it be submitted to Harris County for recordation until such time as the following items are addressed: I. City Attorney's office verifies that any necessary corrections of the subdivision covenants have been made. II. Street lighting design has been finalized and noted on the mylar document. r1 U • .- -. • • THE STATE OF TEXAS ) COUNTY OF HARRIS ) C~ BE IT KNOWN BY ALL MEN PRESENT: THAT WE, MICHAEL S. PERTL and wife, Rebecca R. Pertl, are the owner's in fee simple of that certain tract and parcel of real property in Harris County, Texas, and known and described as follows: Approximately 50 acres, known as Outlots 353-356, and part of 357; of 384 and Outlots 385 and 386, Blocks 1 and 3, La Porte - Approximately 10600 Block of North P Street, at the northeast intersection of Robinson Road. AlI lots on Robinson Road and North P Street. ' AND WHEREAS we desire and intend to sell and convey various tracts of real property to various persons, and desire that said real property shall be established as a restricted residential- district and to place upon said real property under certain restrictions, convenants, and conditions to the end that the values of said real property will be upheld and the interests of the present and future owners of said lands be protected: i NOW THERFORE, we do for ourselves, our heirs, executors, administrators, grantees and assigns, make, create and place upon the afore-described real property and each and every part thereof, the following covenants, conditions and restrictions which shall run and be binding upon and against the said real property for a period of twenty-five (25) years from the date of recording of these convenants, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the real property has been recorded agreeing to change said convenants in whole or in part: 1. No part of said real property above described shall be used or occupied for any purpose other than that of a private residence and shall be used and devoted solely to residential uses and purposes. 2. No house shall be erected upon the property or any part thereof , which shall contain a f loor space area of less than 1800 square feet, exclusive of garages or open porches. No house shall bo constructed on pier and beam foundation. All houses shall be constructed on concrete slab foundations. 3. No building or house shall be located on any lot or tract upon the real property nearer than fifty ( 50 ) f eet to the street • right-of-way which the property abuts. No building shall be located nearer than five (5) feet to a boundary line. ~(~~~~ B ~-, ,.~ ~ s • 4. The exterior walls of each house erected upon the real property shall be covered with not less than fifty (5d) percent brick that is at least fifty ( 5Q ) percent of the exterior walls of each house shall be of brick construction. 5. No garage apartments, trailers, tents, shacks or other temporary buildings or structures shall be placed or built upon said real property, either for residential or other purposes, but nothing herein contained shall prevent the building and maintenance: of servant's quarters for domestic servants so long as the same are attached to a part of the main building unit or garage. No houses or other buildings shall be moved on to any of said real property, but any houses or buildings placed on said real property shall be of new construction and built and constructed on site. 6. No portion of said real property shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and the same shall be kept in sanitary containers. 7. Only single family dwellings, house or residence shall be located on tracts of land within said real property and no duplexes or multiple family dwellings shall be located upon said real property. • 8. All improvements to any of the real property shall be fully and finally completed prior to the expiration of eighteen months from the time a building permit is obtained or construction is commenced, whichever occurs first. 9. No oil drilling, oil development operations, oil refining, quarry or mining operations of any kind shall be permitted upon or in any portion of said property, nor shall oil wells , tanks , tunnels , excavations or shafts , be permitted upon any portion of said real property. 10. Enforcement of these covenants shall be proceedings at law or in equity against any person or persons violating or attempting to violate any convenant either to restrain violation thereof or to recover damages. The invalidity or illegality of any one or more of the above and foregoing covenants and restrictions, shall not affect the other provisions, but the same shall remain of full force and effect. Michael S. Pertl Rebecca R. Pertl ~W~~~ L ,,, , -T-,~.~~....s~....,~,.~ ._ .,.~ : a ~'~' _ _ "'_.~ ~A:_ :FORT~~.Df EVElI~T~' ORDLNANCE'_° _.._ - - .. APPENDIX D, SUBDIVISION PLATS (Page 4) FINAL PLATS (ALL SUBDIVISIONS) A. GRAPHIC CONTENTS: FINAL PLATS. Same as for Preliminary Plats, plus: 1. Name of owner (If a company or corporation, list name and title of authorized representative). 2. Name_of registered engineer or surveyor who prepared Final Plat. 3. Legal boundary description of subdivision, consisting of a metes and bounds description of each line between each boundary point. This description may be in written or tabular form. 4. ~g.;ai and sDgcial statements, where appropriate: a. Owners' Acknowledgement (Enclosure 1) b. Lienholders~ Subordination Agreement (Enclosure 2) c. Plat Accuracy Certificate (See Appendix F) d. Final Survey Certificate (See Appendix F) e. Approving Authority Certificate (Enclosure 3) f. Amending Plat Certificate (Enclosure 4) g. Vacation of Subdivision Plat (Enclosure 5) h. Harris County Clerk Filing Statement (Enclosure 6) • i. Return Map Agreement (Enclosure 7) j. Special Statements (Enclosure 8) +ExH1B~t' ~ ... -- ~-~,.~ - 0 R NANO - - - --._~~._._ ..._.__ . - _ - .::~. - .... LAy 1' ATE BEVEL~._O, DI APPENDIX D, SUBDIVISION PLATS (Page 5) B. DOCUMENTATION: FINAL PLATS. Same as for Preliminary Plats, plus: .. 1. Proposed Streets: Submit complete public street construction drawings for approval by the Director of Community Development. (See PICM for criteria for street construction documents.) 2. Pro osed Utilities: Submit complete public utility construction drawings for approval by the Director (See PICM for criteria for utility construction documents.) 3. Coordinate listing: A complete list of coordinates for each point to be marked in the final field survey. Each point on the list is to be assigned a unique number code. A copy of the Final Plat, marked with the locations of each number code, is to be submitted as well. 4.' Utility C9mpany Letters: Letters from servicing utility companies approving the easements shown on the plat for • their use. 5. Private Easements: A copy of the instrument(s) establishing private easement(s) within the subdivision. 6. Private Easement Holders Consent: A letter, statement or instrument from the holder of any privately owned easement or fee strip within the subdivision boundaries approving any crossings of said existing easement or fee strip by proposed streets, utilities, or easements shown on the plat. If adjustment of existing utilities is required, said letter shall specify the nature of the adjustments and the approval of the owner for such adjustment. 7. Residential Parkland: Receipt for payment in lieu of required dedication of parkland, pursuant to Section 12.05 of the Ordinance or instrument of dedication pursuant to Section 12.10 of the Ordinance. 8. Conditional Aporoval Documents: Any documents specified by the City Planning Commission in conditionally approving the Preliminary Plat. • ocyt~n' • • STREET LIGHTING REPORT • FEBRUARY 25, 1993 Per the Staff Report of February 18, 1993, a review has been made of the Street Lighting Policy of the City of La Porte with regard to major subdivision proposals per the Development Ordinance. The following is provided to the Planning Commission for consideration as a new policy in rural, semi-rural, and sparsely developed areas. BACKGROUND The purpose of lighting along the roadways, parking facilities and pedestrian facilities in a community is to provide safe travel for both vehicular and pedestrian traffic. For the purpose of this report as there is no parking involved and no pedestrian facilities in the area, comments are confined to lighting along roadways. In attempting to provide this safety factor a number of issues must be examined to assure that the street lighting requirements are sensitive to the street hierarchy and character of the area. Roads that carry greater traffic volumes and have wider rights-of--way need better • lighting. Commercial areas, especially those with heavy nighttime traffic, need more lighting than residential areas and more densely populated areas need more lighting than rural areas. In order to address these issues, the Illuminating Engineering Society (IES) developed their standards around street hierarchies and area classifications. The one failure in their recommendations is the lack of any separation for different types of residential areas. As the Commission knows, there is a large difference between a Fairmont Park Subdivision and a rural lot in northwest La Porte. ANALYSIS As a part of the analysis, the Staff took into account several factors which included Houston Lighting & Power policy, types of streets in the northwest area, typical development size and current street lighting in the area. Contact with HL&P revealed that they design strictly by the IES Standards with no regard to the character of the area. Once their design is complete it is up to the City to determine if there are too many and delete those considered unnecessary. The streets in the area fall into two basic categories unless they are part of a typical small lot residential subdivision. The majority of the streets in the area are minor arterial in • nature providing east-west traffic flow with large acreage tracts fronting on the roadways. • There are some collector streets in the area that provide access to some of the small lot • subdivisions. As the Commission is aware, the majority of northwest La Porte is developed as large tracts of land ranging anywhere from 1 to 50 acres and used for some type of agricultural related use. The Staff does not see the character of the area changing for another twenty years as there is a significant demand for such development in La Porte. The Staff conducted a "windshield" survey of two of the minor arterials in the area, North "L" and North "P", to determine what type of street lighting is available in the area. As shown on the attached list, the street lighting in the area now is basically located at some intersections and spaced approximately 1000 feet apart along the roadways. RECOMMENDATION As a result of the Staff analysis, the following recommendations are made for adoption as a Planning Commission Policy for street lighting requirements in the semi-rural areas of northwest La Porte. I. This policy will apply to those major subdivisions where the overall density is greater than one unit per acre and there are no internal • streets. II. As with the current street light requirements the developer will be required to install the lighting and fund the operational costs for the first year. III. The street lights shall be installed at all abutting intersections where there are no lights. IV. The spacing requirements shall be as follows: A. Arterials: The spacing shall be 1000 feet between lights located on the same side of the street. The spacing shall be 500 feet between lights on opposite sides of the street. The developer will only be required to install that lighting abutting his property. B. Collectors: The spacing between lights shall be 1000 feet regardless of the side of the street on which they are located. • • • • Conclusions The institution of the above policy will address many of the issues that have been raised in recent weeks concerning the street lighting portion of the Development Ordinance. Specifically, it allows for different types of major subdivisions; it makes allowance for the rural character of northwest La Porte; it eases the burden on a given developer of large lots; and it provides for increased lighting in the area with a logical approach and balance to the needs of the area based on defined standards such as type of street. The staff, therefore, recommends that the Planning Commission approve the above stated policy and apply that policy to the current subdivisions being considered. C, • • • • • STREET LIGHT SPACING MEASURED BY ODOMETER 2/24/93 North "L" Street Begin @ Underwood .2 mile @ intersection .2 mile @ intersection .25 mile .2 mile .1 mile @ intersection .2 mile @ intersection .1 mile @ intersection .15 mile @ entrance to mobile home park .25 mile @ intersection .1 mile @ intersection .39 mile .006 mile .2 mile @ Sens Road North "P" Street Begin at Sens Rd. .005 .1 mile .15 mile @ intersection .15 mile .15 mile @ intersection .2 mile .25 mile .15 mile ~a Robinson Road .25 mile @ park entrance .005 mile @ Lomax School Road .3 mile @ intersection .005 mile @ intersection .1 mile @ intersection .15 mile .25 mile .005 mile @ Underwood •