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HomeMy WebLinkAbout09-15-16 Regular Meeting of the Planning and Zoning Commission CityofLaPorte PlanningandZoningCommissionAgenda Noticeisherebygivenofa RegularMeeting oftheLaPortePlanningandZoningCommissiontobeheld on Thursday,September15,2016at6:00p.m.atCityHallCouncilChambers,604WestFairmont Parkway,LaPorte,Texas,regardingtheitemsofbusinessaccordingtotheagendalistedbelow: 1.Calltoorder. 2.Rollcallofmembers. 3.OpenpublichearingtoreceiveinputonanapplicationforSpecialConditionalUsePermit#16 91000003,arequestbyKennethandJoanneHumphriestoallowforconstructionofasecondary dwellingunitonthepropertylocatedat2711CrescentDrive,legallydescribedasTract1,Crescent ViewSubdivision. a.StaffPresentation b.ApplicantPresentation c.PublicComments(for,against,orquestions) d.QuestionandAnswer 4.Closepublichearing. 5.ConsiderapprovalorotheractiononSpecialConditionalUsePermitrequest#1691000003. 6.Administrativereports. 7.Commissioncommentsonmattersappearingontheagendaorinquiryofstaffregardingspecific factualinformationorexistingpolicy. 8.Adjourn. AquorumofCityCouncilmembersmaybepresentandparticipateindiscussionsduringthismeeting; however,noactionwillbetakenbytheCouncil. IncompliancewiththeAmericanswithDisabilitiesAct,TheCityofLaPortewillprovideforreasonable accommodationsforpersonsattendingpublicmeetings.Tobetterserveattendees,requestsshouldbe received24hourspriortothemeetings.PleasecontactPatriceFogarty,CitySecretary,at2814705019. CERTIFICATION IcertifythatacopyoftheThursday,September15,2016,agendaofitemstobeconsideredbythe PlanningandZoningCommissionwaspostedontheCityHallbulletinboardonthe_____dayof ____________________,2016. Title: CityofLaPorte604W.FairmontParkwayPhone:(281)4715020 PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005 City of La Porte, Texas Planning and Zoning Commission September 15, 2016 AGENDA ITEM 3-5 Consider recommendation of approval of a Special Conditional Use Permit (#16-91000003) to -in-la on the property located at 2711 Crescent Drive and also described as Tract 1, Crescent View Subdivision Applicant: Kenneth & Joanne Humphries 9Ʃźĭ W͵ 9ƓƭĻǤͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Planning and Zoning Commission Meeting September 15, 2016 SCUP, Humphries Secondary Dwelling Unit Planning and Development Department Staff Report ISSUE Consideration of a request by Kenneth Humphries and Joanne for a Special Conditional Use Permit (SCUP) to allow construction of -in- 2711 Crescent Drive, legally described as Tract 1, Crescent View Subdivision. RECOMMENDATION Should the Commission desire to consider a recommendation for approval of this request, staff recommends considering various conditions, as described later in this staff report. DISCUSSION Applicant: Kenneth Humphries : The applicant desires to construct an 880 square foot secondary dwelling on their -in-The attached Exhibit A includes the SCUP Application, project description letter and site plan drawings submitted by the applicant. Site: The legal description of the subject parcel is Tract 1 of the Crescent View Subdivision and is located east of S. Broadway between Wharton Weems and McCabe. The site contains an existing single family residential house. The attached Exhibit B is an area vicinity map showing the location of the . Background Information: The subject site is 33,241 square feet in area and is zoned R-1, Low Density Residential. The Citlow density residential. The following table summarizes the surrounding zoning and land uses: 1 Planning and Zoning Commission Meeting September 15, 2016 SCUP, Humphries Secondary Dwelling Unit Zoning Land Use bƚƩƷŷ R-3, High Density Residential Pelican Bay Townhomes {ƚǒƷŷ R-1, Low Density Residential Existing house at 2715 Crescent Drive ‘ĻƭƷ R-1, Low Density Residential Existing House at 136 Crescent View 9ğƭƷ N/A Galveston Bay Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with all applicable code provisions, including the following: notice in a newspaper of general circulation at least 15 days prior to the hearing; written notice mailed to owners of real property within 200 feet of the site within 10 days of the hearing; sign posted on the site within 15 days of the hearing. as required by state law. At the time this staff report was drafted, four response letters were received all in support of the request (see Exhibit C). Analysis: residential use table (Section 106-331) allows for secondary dwelling units in the R-1 district through consideration of a Special Conditional Use Permit. Although the - in-The following are a number of considerations staff analyzed as part of this application: Use. There is currently a trend across the country to allow for secondary dwelling units on lots as mother-in-law suites. There have been approval of similar requests in the City in the past few years. Secondary dwelling units provide that ability while providing some privacy and separation through detaching the structure. The use of this site will remain single family detached residential, however the applicant is requesting consideration of this SCUP to allow for construction of a separate structure that will house family and guests on special occasions. Building Permit. Because this is residential development, a certified site plan is not required. However, the applicant will be required to submit all applicable information as part of the required building permit application. The proposed secondary dwelling will be required Ordinance and will be reviewed at the time of building permit review. 2 Planning and Zoning Commission Meeting September 15, 2016 SCUP, Humphries Secondary Dwelling Unit Driveway Access. preliminary layout shows that the proposed secondary dwelling will utilize the existing driveway. There are no plans at this time that indicate a separate driveway for the proposed secondary dwelling. Conclusion: Section 106-217 of the Code of Ordinances outlines specific conditions for approval of SCUP applications. There are three different conditions that must be met in order to approve finding on each: Condition: Staff Analysis: (1) That the specific use will be The proposed secondary dwelling unit will be compatible with the use compatible with and not of other properties in the vicinity as it will still maintain the use of the injurious to the use and property as single-family detached residential. enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. (2) That the conditions placed on The conditions staff is recommending are outlined in the following such use as specified in each section of this staff report. Approval of this SCUP will allow the district have been met by the applicant to construct a secondary dwelling unit on the subject applicant. property, however the construction will need to comply with all applicable building and zoning codes. Those requirements will be reviewed by staff at the time of building permit submittal. The Commission has the authority to impose additional conditions on the SCUP. (3) That the applicant has agreed The applicant will need to verify whether or not the conditions to meet any additional imposed are acceptable. conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Based on the analysis above, staff finds that if the Planning and Zoning Commission desires to recommend approval of the proposed Special Conditional Use Permit, then a number of conditions should be considered in the approval. 1. All necessary documentation for building permit review must be submitted in 2. The plan shall comply with all applicable ordinances of the City of La Porte and the State of Texas. 3 Planning and Zoning Commission Meeting September 15, 2016 SCUP, Humphries Secondary Dwelling Unit 3. The proposed secondary dwelling unit shall only be used for residential purposes. \[Any additional conditions requested by the Planning and Zoning Commission.\] ATTACHMENTS Exhibit A: SCUP Exhibit B: SCUP Application and Supplemental Information from the Applicant Exhibit C: Area Map Exhibit D: Notification Response Letters 4 EXHIBIT A City of La Porte Special Conditional Use Permit #16-91000003 This permit is issued to: Kenneth Humphries Owner or Agent 7514 Olympia Drive, Houston, TX 77063 Address For Development of: Secondary Dwelling Unit Development Name 2711 Crescent Drive, La Porte, TX 77571 Address Legal Description: Tract 1, Crescent View Subdivision Zoning: R-1, Low Density Residential Use: Single Family Residential, Secondary Dwelling Unit Permit Conditions: This Special Conditional Use Permit is applicable for the subject property. A copy of which shall be maintained and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. All necessary documentation for building permit review must be submitted in conjunction with 2. The plan shall comply with Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 3. The proposed secondary dwelling unit shall be used only for residential purposes. Failure to begin construction of the building 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 contract or agreement 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 ExhibitB ExhibitB ExhibitB ExhibitB ExhibitC AREA MAP E OAKHURST AV LOCATION OF PROPERTY SANDEL VIEW SCENT CRE M C C ABE RD VE BAYSHORE A F ST INE BLUF P PI NE B LUFF DR 1 inch = 300 feet ExhibitD ExhibitD ExhibitD ExhibitD