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HomeMy WebLinkAbout05-16-19 Regular Meeting of the Planning and Zoning Commission PLANNING AND ZONING COMMISSION MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte Planning and Zoning Commission to be held on Thursday, May 16, 2019 at 6:00 p.m. at City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below: 1.CALL TO ORDER 2.ROLL CALL OF MEMBERS. 3.CONSIDER APPROVAL OF THE MEETING MINUTES: a.March 21, 2019 Meeting 4.PRELIMINARY PLAT: Consider approval of a Preliminary Plat for the Section 6; a single family residential development consisting of 39 lots on 7.77 acres located off of Bay Area Blvd. 5.PRELIMINARY PLAT: Consider approval of a Preliminary Plat for the Landing Section 7; a single family residential development consisting of 70 lots on 16.4 acres located off of Bay Area Blvd. 6.PRELIMINARY PLAT: Consider approval of a Preliminary Plat for the Section 8; a single family residential development consisting of 55 lots on 16.9 acres located off of Bay Area Blvd. 7.PRELIMINARY PLAT: Consider approval of a Preliminary Plat for Bay Landing Circle; a street . 8.RESOLUTION: Discussion and possible action on a Planning and Zoning Commission recommendation to the City Council to utilize two areas of undeveloped public right of way located on portions of S. Lobit St. and Jefferson St., fronting Galveston Bay, for park/recreation purposes. 9.DISCUSSION a.Pre-application request to abandon and close the W. M St. right of way between thth S. 16 St. and S. 13 St. b.Creation of a right of way Connectivity Master Plan. 10.ADMINISTRATIVE REPORTS 11.COMMISSION COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 12.ADJOURN A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by the Council. In compliance with the Americans with Disabilities Act, The City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Lee Woodward, City Secretary, at 281-470-5019. CERTIFICATION I certify that a copy of the Thursday, May 16, 2019, agenda of items to be considered by the Planning and Zoning Commission was posted on the City Hall bulletin board on the ____ day of ____________________, 2019. Title: /ƚƓƭźķĻƩ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ aĻĻƷźƓŭ aźƓǒƷĻƭ LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Planning and Zoning Commission Minutes of March21, 2019 Commissioners Present: Chairman Hal Lawler, Richard Warren, Nick Barrera, Mark Follis, Karen Wheeler-Hall, Christina Tschappatt, Jo Ann Pitzer, Trey Kendrick, Lou Ann Martin Commissioners Absent: None City Staff Present: Assistant City Attorney ClarkAskins,Planning Director Teresa Evans, City Planner Ian Clowes,Planning Technician Chase Stewart, City Engineer Lorenzo Wingate 1.CALL TO ORDER: (6:03pm) Chairman Lawlercalled the meeting to order at 6:03 p.m. 2.ROLL CALL OF MEMBERS: All Commission Members were present for the meeting 3.Consider Approval of Meeting Minutes: a)February 21, 2019 Minutes Motion by Commissioner Kendrick to approve the proposed meeting minutes Second by Commissioner Barrera Motion to approve carried Ayes: Commissioners Barrera, Follis, Wheeler-Hall, Tschappatt, Kendrick, Pitzer, Warren, Martin, and Chairman Lawler Nays: None Motion to approve passes, 9-0 4.Replat (6:05pm): Open a public hearing on a request for approval of Replat #18-97000015 by Jana Gutierrez for the proposed Thielen Acres Subdivision, a replat of a portion of Lots 287, 288, & 293, La Porte Outlots Subdivisions. Staff Presentation: City Planner, Mr. Ian Clowes, addresses the Planning and Zoning Commission regarding the Thielen Acres Subdivision replat. The request is for a residential replat of a single parcel into 2 separate residential parcels. The property is zoned Large Lot District (LLD). If approved, all of the requirements for the Large Lot District (LLD) zoning district will be met regarding area requirements. Staff’s recommendation is to approve. Applicant Presentation: N/A Public Comments (for, against, or question): 400 N L St. – Questioned how many lots will be created from the replat and how many additional homes would be permitted to be built. Questions and Answer:Commissioner Barrera asked if it would create a new subdivision, which it would. 5.Adjourn Public Hearing (6:10pm) 6.Consideration: (6:11pm) Motion by Commissioner Follis to approve Replat #18-97000015 by Jana Gutierrez for the proposed Thielen Acres Subdivision Second by Commissioner Kendrick Motion to approve carried Ayes: Commissioners Barrera, Follis, Wheeler-Hall, Tschappatt, Kendrick, Pitzer, Warren, Martin and Chairman Lawler Nays: None Motion to approve passes, 9-0 7.Replat (6:11pm): Open a public hearing on a request for approval of Replat #18-97000022 by Eric Brown of Total Surveyors, Inc for the proposed Richard Brown Place Subdivision, a replat of Lots 1-4 & Lots 9-12, Block 2, Greendale Subdivision. Staff Presentation: City Planner, Mr. Ian Clowes, addresses the Planning and Zoning commission regarding the Richard Brown Place Subdivision replat. The subject property is zoned Low-Density Residential (R-1) and the minimum area requirements if granted the replat would still be met. Staff’s recommendation is to approve. Applicant Presentation: N/A Public Comments (for, against, or question): N/A Question and Answer: Commissioner Follis raises concerns that this replat, if granted, could be regarded as a deviation from the nature of the surrounding nature of the Large Lot District (LLD), even with the subject property being zoned Low-Density Residential (R- 1). 8.Adjourn Public Hearing (6:26pm) 9.Consideration: (6:27pm) Motion by Commissioner Martin to approve Replat #18-97000022 by Eric Brown of Total Surveyors, Inc for the proposed Richard Brown Place Subdivision Second by Commissioner Barrera Motion to approve carried Ayes: Commissioners Barrera, Follis, Wheeler-Hall, Tschappatt, Kendrick, Pitzer, Warren, Martin and Chairman Lawler Nays: None Motion to approve passes, 9-0 10.Public Hearing (6:27pm): Open Public hearing to receive input on an application for Zone Change #19-92000001, a request by Justin E. Bennett of Phelan-Bennett Development, applicant; on behalf of Carrington F. Weems, owner; for approval of a zone change from General Commercial (GC) to Planned Unit Development (PUD), on a 5.051 acre tract of th land located at the NE Corner of S. 16St. and W. M St., and legally described as Lots 1- 32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision. Staff Presentation: City Planner, Mr. Ian Clowes, addresses the Planning and Zoning commission regarding the proposed Zone Change #19-92000001, by Justin E. Bennett, to th rezone a tract of land located at the NE Corner of S. 16 St. and W. M St. from General Commercial (GC) to Planned Unit Development (PUD). Mr. Clowes stated that the zone change was requested by Mr. Bennett for a proposed warehouse-oriented type of development. With the majority of the surrounding area being industrial in nature and this not being considered spot zoning, Staff offered a recommendation of approval. Public Comment: N/A Applicant Presentation: Justin Bennett, 1403 Maryland St, Houston TX – Approaches the commission with a general plan of an industrial facility proposed for the area. The emphasis for uses in this location would be more merchant wholesale distribution/warehousing. Question and Answer: Commissioner Follis inquired about the desires of Justin Bennett trying to rezone and develop this parcel. Commissioner Follis alsoquestioned staff for clarification regarding the difference between general warehousing and merchant wholesale distribution. Other members of the commission question how this development would impact the area. Commissioner Martin makes note that it wouldn’t th affect much since it’s the nature of 16 St. 11.Adjourn Public Hearing (7:13pm) 12.Consideration: (7:14pm) Motion by Commissioner Kendrick to recommend approval of Zone Change #19- 92000001, a request by Justin E. Bennett of Phelan-Bennett Development for approval of a zone change from General Commercial (GC) to Planned Unit Development (PUD), to City Council. Second by Commissioner Warren Motion to approve carried Ayes: Commissioners Barrera, Follis, Wheeler-Hall, Tschappatt, Kendrick, Pitzer, Warren, Martinand Chairman Lawler Nays:None Motion to approve passes, 9-0 13.Future Land Use Map Amendment (7:20pm): Consider a recommendation to the La Porte City Council on a proposed amendment to the Future Land Use Map component of the La Porte Comprehensive Plan by amending the land use designation for a 5.051 acre tract of th land located at the NE Corner of S. 16St. and W. M St., and legally described as Lots 1- 32, Block 1144 and Lots 17-32 &Tracts 1-16, Block 1143, La Porte Subdivision, from “Commercial” to “Light Industrial” Staff Presentation: City Planner, Mr. Ian Clowes, approaches the Planning and Zoning commission with a staff recommendation of a Future Land Use Map change from “Commercial” to “Light industrial” for the property in question. Motion by Commissioner Warrento approve recommendation to La Porte City Council for a Future Land Use Map amendment for the land use designation from “Commercial” to “Light Industrial” Second by Commissioner Barrera Motion to approve carried Ayes: Commissioners Barrera, Follis, Wheeler-Hall, Tschappatt, Kendrick, Pitzer, Warren, Martinand Chairman Lawler Nays:None Motion to approve passes, 9-0 14.Public Hearing:Open Public Hearing to receive input on an application for Special Conditional Use Permit (SCUP) #19-91000002, a request by Justin E. Bennett of Phelan- Bennett Development, applicant; on behalf of Carrington F. Weems, owner; to allow for a SPEC industrial facility, to be located on a 5.051 acre tract of land located at the NE th Corner of S. 16 St. and W. M St. and legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision. Staff Presentation: City Planner, Mr. Ian Clowes, approaches the Planning and Zoning commission with the Special Conditional use Permit (SCUP) request #19-92000002 by Justin E. Bennett to allow for an industrial-style development on a Planned Unit Development (PUD) if the aforementioned zone change is granted. This includes a recommendation of a list of permitted NAICS codes for the property as well as regulations on outside storage as conditions of approval for the SCUP. Public Comment: N/A Applicant Presentation: N/A Question and Answer: Commissioner Follis and Chairman Lawler ask staff for clarification regarding the ability to impose increased screening for the property as a condition of the SCUP approval. 15.Adjourn Public Hearing (7:40pm) 16.Consideration: (7:42pm) Motion by Commissioner Kendrick to recommend approval for SCUP #19-91000002, a request by Justin E. Bennett of Phelan-Bennett Development for approval to construct a SPEC industrial facility, to be located on a 5.051 acre tract of land located at the NE Corner th of S. 16 St. and W. M St. and legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision with the following conditions: No warehousing uses, no trucking freight uses, screening requirements similar to that of commercial uses adjacent to residential properties on the North & East sides, and a Tier 2 façade design, to City Council. Second by Commissioner Follis Motion to recommend approval carried Ayes: Commissioners Barrera, Follis, Wheeler-Hall, Tschappatt, Kendrick, Pitzer, Warren, Martin and Chairman Lawler Nays: None Motion to recommend approval passes, 9-0 17.Discussion (7:42pm) a.Discuss proposal to utilize two areas of undeveloped public right-of-way located on portions of S. Lobit St. and Jefferson St. fronting Galveston Bay, for park/recreation purposes. Commission decided to bring discussion back as item for future meeting. 18.Administrative Reports (7:59pm): City Planner, Mr. Ian Clowes, updates the commission regarding the status of the multi-family developments and a loose timeline of expected commencement of structure building. 19.Commission Comments (8:00pm): N/A 20.Adjourn (8:01 pm) Motion by Commissioner Warren to adjourn the Planning and Zoning Commission meeting Second by Commissioner Wheeler-Hall Motion to adjourn carried Ayes: Commissioners Barrera, Follis, Wheeler-Hall, Tschappatt, Kendrick, Pitzer, Warren, Martin and Chairman Lawler Nays: None Motion to approve passes, 9-0 Respectfully submitted, Chase Stewart Planning Technician Passed and Approved on , 2019. Hal Lawler Chairman, Planning and Zoning Commission Trey Kendrick Secretary, Planning and Zoning Commission Consider approval of Preliminary Plats for the subdivision; 3 sections of a single family residential development consisting of 164 lots on 39.9 acres, and 1 street dedication for Bay Landing Circle, located off of Bay Area Blvd. between Fairmont Pkwy and Spencer Hwy. LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Planning and Zoning Commission Regular Meeting May 16, 2019 Plats Planning and Development Department Staff Report DISCUSSION : The applicant, Geoff Freeman of META Planning and Design, is requesting approval of four (4) Preliminary Plats for the subdivision. The attached exhibits are the proposed preliminary plats. The 39.9 overall acre site will consist of 1164 low density single family residential lots ranging in size from 5,700 square feet to 7,800 square feet. Additionally, the applicant has submitted a street dedication plat for Bay Landing Circle, Background Information: The site is currently zoned PUD, with an approved SCUP, and is under development. The initial phases, Section 1-5 and Rec Center/Detention Plats were previously approved this past year. Infrastructure development is near completion for these initial phases of the development. The following table summarizes the surrounding zoning and land uses: Zoning Land Use bƚƩƷŷ GC, General Commercial Shell Credit Union, Spencer Mini Storage {ƚǒƷŷ BI, Business Industrial Industrial Buildings ‘ĻƭƷ R-1, Low Density Residential Fairmont Park East Subdivision 9ğƭƷ PUD, Planned Unit Vacant Undeveloped Land Development Analysis: wĻƭźķĻƓƷźğƌ ƩĻƨǒźƩĻƒĻƓƷƭ͵ Section 106-333(a) includes the various zoning requirements for residential development (see the attached Exhibit C). 1. Single family detached development requires a minimum lot area of 6,000 square feet. The proposed Preliminary Plat complies with the approved SCUP which permits lots with lot areas less than 6,000 square feet. 1 Planning and Zoning Commission Regular Meeting May 16, 2019 2. The code requires a minimum 50 foot lot width. The proposed Preliminary Plat complies with the approved SCUP which permits lot widths with a minimum of 45 feet. 3. Yard setbacks are as follows: front-25 feet, sides-5 feet, and rear-15 feet. Front setbacks have been called out on the preliminary plat document. All setbacks will be verified at the time building permits are issued for each individual house. 4. The maximum height allowed for a single family detached structure is 35 feet and will be verified with the issuance a of building permit for each individual house. 5. The minimum site area per unit for single family detached development is 9,100 square feet. The proposed subdivision is proposed at 21,847.5 square feet per unit. The maximum dwelling units per acre is 4.8 while the proposed subdivision is at 1.99 D.U./acre. The proposed subdivision is in compliance with these code requirements. 6. The maximum lot coverage is 40% and will be verified at the time building permits are issued for each individual house. Staff finds that the proposed preliminary plat is in compliance with the residential requirements set forth in Section 106-33(a) 5ĻƷĻƓƷźƚƓ. The applicant has provided the required drainage for the subdivision. There will be two ponds, the first being an amenitized wet bottom lake in the center of the development, and the second being a dry detention basin at the southern edge of the property. The functionality of these dentition facilities have been detailed in a drainage report submitted to city staff and reviewed by the City Engineer. tğƩƉ \[ğƓķ 5ĻķźĭğƷźƚƓ ğƓķ tğƩƉ 5ĻǝĻƌƚƦƒĻƓƷ CĻĻƭ. Section 86-25 Development Ordinance (see the attached Exhibit D) requires one acre of park land be dedicated for every 93 proposed dwelling units. In this case, the applicant is not proposing to dedicate any parkland to the city. The ordinance also allows for a cash payment in lieu of that dedication. The ordinance requires payment of $490 per dwelling unit to satisfy the cash payment in lieu of land dedication. This payment is due at the time of building permit for each individual dwelling unit. In addition to the cash payment in lieu of land dedication, the applicant is responsible for payment of a park development fee at the time of building permit. Section 12.02 of the Land Development Ordinance requires payment of a $318 fee per dwelling unit. As a result, at the time of building permit issuance for each lot the applicant will be responsible for payment of $490 + $318 = $808 to cover the cash payment in lieu of land dedication and park development fee. 3 Planning and Zoning Commission Regular Meeting May 16, 2019 RECOMMENDATION Staff recommends the Planning and Zoning Commission approve Preliminary Plats for Sections 6-8 and the Bay Landing Circle Street Dedication Plat for the subdivision with the condition that any and all outstanding staff comments be addressed prior to submittal of Final Plats. ATTACHMENTS Exhibit A: Aerial Map Exhibit B: Exhibit C: Section 106- Exhibit D: Section 86-25 Development Ordinance 3 DR32 SNES ETTEY OB AIRPORT DOOWHSA FAEL ELPAM DOOWTFIRD EDLIWKAO nngg ddii aann LL eerr nncc ppee SS BG E rrtt oo| iirrpp AA K aall cciipp nnii E uu MM R R Reserved ts h g Y i R l l A R , S. E G T A I I C L O B S E S A R & T T R & E B A L I S G .S R O Y C R I R A E K T | E E S YY WW HH RR EE CC NN EE PP SS ©2017 BG .. TT SS SF-1SF-1 EE TT 114 LOTS114 LOTS TT (TYP.45' x120')(TYP.45' x120') COMCOMCOMCOMCOM EE ±22.8 Ac.±22.8 Ac. YY ±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac.±1.5 Ac. 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(TYP.60' x120')(TYP.60' x120') SF-5SF-5 ±6.7 Ac.±6.7 Ac. 44 LOTS44 LOTS (TYP.60' x120')(TYP.60' x120') ±11.5 Ac.±11.5 Ac. BB AA YY '' 88 11 AA SF-3SF-3 E RR S 89 LOTS89 LOTS A H P (TYP.50' x120')(TYP.50' x120') EE IV GGGGGGGGGGGG NNNNNNNNNNNN IIIIIIIIIIII VVVVVVVVVVVV AAAAAAAAAAAA ’’’’’’’’’’’’ PPPPPPPPPPPP 888888888888 222222222222 ±19.2 Ac.±19.2 Ac. AA BB LL DET.DET.DET.DET.DET.DET.DET.DET.DET.DET. VV ±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac.±2.2 Ac. 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SF-6SF-6 73 LOTS73 LOTS (TYP.45' x120')(TYP.45' x120') oonntt FFaaiirrmm SF-8SF-8 ±14.5 Ac.±14.5 Ac. aasstt aarrkk EE PP 123 LOTS123 LOTS (TYP.50' x120')(TYP.50' x120') ±28.1 Ac.±28.1 Ac. YY WW KK PP TT NN OO MM RR II AA FF WW ttss mmii LLii yy iitt CC ttee oorr PP aa LL iittss mm LLii JJ TT EE ttee oorr PP aa LL b!qibtjoh!fyijcju!gps MB!QPSUF!345 ²345/7!BDSFT!PG!MBOE QIBTJOH!QMBO qsfqbsfe!gps Mpu!Tj{fJJJJJJJWWUpubm CFB\[FS!IPNFT 56“y231“597:.48472:1 61“y231“72779:4587437 BG 71“y231“38.6655.237 E | K UPUBMT!!!!!247!!!246!!255!!!226!!!223!!!753 E R R– Land Planning Consultants – Y 23501 Cinco Ranch Blvd., Suite A-250 R THIS DRAWING IS A PICTORIAL REPRESENTATION FOR PRESENTATION PURPOSES ONLY AND IS SUBJECT TO CHANGE. Katy, Texas 77494 . FURTHER, SAID DRAWING IS A SCANNED IMAGE ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. G THIS DRAWING MAY OR MAY NOT INCORPORATE INFORMATION AND/OR DATA PROVIDED TO BGE | KERRY R. GILBERT & I ASSOCIATES BY OTHER CONSULTANTS RELATIVE TO ENGINEERING AND DRAINAGE, FLOOD PLAINS AND L Tel: 281-579-0340 B ENVIRONMENTAL ISSUES AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. NO WARRANTIES, EXPRESS OR E IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION, AND CHARACTER OF THE FACILITATES SHOWN ON THIS MAP SCALE R ARE INTENDED. ADDITIONALLY, NO WARRANTY IS MADE TO THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. JANUARY 31, 2018 T & 0100200400 KGA #0433 ©2017 BGE | KERRY R. GILBERT & ASSOCIATES, ALL RIGHTS RESERVED A S S O C I A TES Sec. 106-333. Table B, residential area requirements. (a)Table B, residential area requirements. UsesMinimumMinimumMinimumMaximumMinimumMinimum Maximum 8 d LotLotYarHeightSiteDevelopmentLot Area/D.U.WidthSetbacks/ Area/UnitOpen Space/Coverage S.F.L.F.L.F. F.R.S.Minimum S.F.Unit S.F. 2, 3, 4, 5, 6, 10,7 Landscaping Required 9, 19 11, 12, 13, 14, 15 Single-family 60005025-15-535 Ft.9100Ð40%/N/A detached4.8 DU/A Single-family large 435609025-15-545 Ft.43560Ð40%/N/A lot1.0 DU/A Single-family 45004020-10-035 Ft.7300Footnote60%/N/A special lot line, 0 6.0# 1 eA lot linDU/ Duplexes60006025-20-2045 Ft.8.0Footnote60%/N/A A DU/# 1 Single-family 60005020-10-535 Ft.N/AN/A50%/N/A converted to y multifamil Townhouses, .4400e75%/25% 20002025-20-2045 FtFootnot # 1 quadraplexes10.0 (10,000 s.f of site DU/A area 100 ft. wide) Multifamily2000010025-20-2045 Ft.1600Footnote60%/25% 14# 1 DU/A Manufactured 45004020-10-525 Ft.7300Footnote60%/6% housing6.0# 1 DU/A Manufactured 100 of front N/AN/AN/AN/AN/A/N/A housing subdivision road or parks (5 acre frontage min.) Group care 25-20-1025 Ft.N/AN/AN/A/6% facilities (less than 6)and day care homes Public or private 30-20-1045 Ft.N/AN/AN/A/6% educational and religious institutions, large group care facilities, daycare centers, recreational buildings, https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%2f...5/7/2014 MunicodePage 2of 3 boarding, and nursing homes Freestanding on-See article VII of this chapter premises signs Large lot district Seesection 106-416SpecialRegulations where tract is one acre in size or greater (without existing principal structure) Accessory structure/domestic livestock Table B footnotes. 1 Lot SizeRequired Developed Open Space/Lot .200 Sq. Ft. 5000Ð6000 Sq. Ft 4000Ð4999 Sq. Ft.300 Sq. Ft. 3000Ð3999 Sq. Ft.400 Sq. Ft. 2000Ð2999 Sq. Ft.500 Sq.Ft. a. Minimum size of developed open space: One-half acre for every 80 units or fraction thereof. (i)For multifamily residential developments: Minimum of 25 percent of the total development regardless of size of development. (ii)For townhouse/quadraplex developments: One-half acre for every 80 units or fraction thereof. b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the conditions established in sections 106-676 through 106-679, with all documentation required to be submitted for filing in conjunction with the final plat. (See also the City Development Ordinance Number 1444, section 4.04 which is on file in the city secretary's office.) 2 A minimum landscape setback of 20 feet will be required adjacent to all conservation areas. Buildings, parking areas, and refuse containers will not be allowed in such setback area. These areas are to be landscaped with trees, shrubs, and groundcover, with a planting plan required to be submitted and approved by the enforcement officer. 3 The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary. 4 Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall the minimum front yard setback exceed 30 feet. 5 All side yards adjacent to public R.O.W.'s must be ten feet. 6 In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7 D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. 8 All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external forces as defined by the Standard Building Code, or in the case of industrialized housing, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, if https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%2f...5/7/2014 MunicodePage 3of 3 one is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the Southern Building Code. 9 See article V, division 4 of this chapter for additional requirements. 10 No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 11 In the case of multifamily residential developments with 50 or more units, said complexes must be located at least 1,000 feet from other multi-family residential developments of 20 or more units. 12 Within the building setback, there must be a ten-foot opaque screen consisting of shrubs and fencing. (See section 106-334(i) for screening and fencing requirements.) 13 Residential developments that are townhouses, quadruplexes, or multi-family dwelling units must have a minimum of 25 percent landscaping. 14 Multifamily residential developments adjacent to single-family residential developments must establish a 25-foot buffer between the two developments. This buffer is in addition to the setback as established by this table. 15 In the case of multifamily residential developments, no off-street parking shall be placed within the required setback, or within the required additional 25-foot buffer when the development is situated adjacent to a single-family residential development. The space needed to meet the required parking spaces shall be exclusive of the required setback and the additional buffer. 16 In the case of multifamily residential developments being adjacent to single-family residential developments, the buildings within the multifamily residential developments that are directly adjacent to the single-family residential development shall be limited to two-stories in height. Buildings within the interior of the multifamily residential developments may be three-stories in height. 17 Multifamily residential developments cannot exceed 180 dwelling units. 18 See section 106-334(i)(3) for open space utilization criteria. 19 Following structures exempted from 40 percent lot coverage on single-family detached: Accessory buildings 200 s.f. or less and patio covers up to 900 s.f. 20 Maximum lot coverage for single-family detached in planned unit development (PUD) zoning district or residential subdivisions requiring a detention/drainage system, shall be 50 percent. (The impervious cover factor of 55 percent for the total site for drainage, as prescribed in PICM, remains in effect.) (Ord. No. 1501-JJ, § 6, 10-14-02; Ord. No. 1501-LLLL, § 6(Exh. F), 4-25-05; Ord. No. 1501-T4, § 6(Exh. F), 10-24- 05; Ord. No. 3242, § 1, 4-26-10; Ord. No. 3453, § 3, 12-10-12) Cross referenceÏ Contents of mobile home park plans, § 98-92; minimum area requirements for mobile home parks, § 98-95; location of mobile homes with respect to property lines and public streets, § 98-99. https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%2f...5/7/2014 {Ļĭ͵ БЏΏЋЎ͵ Ώ hƦĻƓ ƭƦğĭĻ ǞźƷŷźƓ ƭǒĬķźǝźƭźƚƓƭ ğƓķ ķĻǝĻƌƚƦƒĻƓƷƭ͵ (a)Purpose. (1)It is the policy of the city to provide recreational areas and amenities in the form of neighborhood and community parks as a function of residential development in the City of La Porte. This section is enacted in accordance with the home rule powers of the City of La Porte granted under the Texas Constitution and statutes of the State of Texas, including, without limitation, V.T.C.A. Local Government Code, § 51.071 et seq. and § 212.001 et seq. It is hereby declared by the City Council of the City of La Porte that recreational areas, in the form of neighborhood parks and related amenities and improvements, are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such requirement into the procedure for planning and development of property of a residential subdivision in the City of La Porte, whether such development consists of new construction on previously vacant land or rebuilding and redeveloping existing residential areas. Neighborhood and community parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the La Porte Parks, Recreation and Open Space Master Plan, or neighborhood and community areas. The park zones established by the La Porte Parks and Recreation Department and shown on the official La Porte Parks, Recreation and Open Space Master Plan, or neighborhood area, shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property owners who by reason of the proximity of their property to such parks shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect such purposes. In order to provide an equitable method of determination of the requirements for future development of residential areas of the City of La Porte, the following formula is hereby adopted: The population of the city based on the latest United States Census data, adjusted on an annual basis based on the predicted growth of the city as found in the parks and open space master plan for the year in which the adjustment is made, is identified. The resultant number is divided by the number of acres of available neighborhood and community parkland inventory in the City of La Porte, resulting in the number of persons per neighborhood or community park acre in the City of La Porte. This result is then divided by the number of La Porte persons per dwelling unit as identified in the latest United States Census data, giving the number of dwelling units per acre of neighborhood or community parkland. This number is then divided into the total acquisition cost for land at the average appraisal value, and development cost per acre for development of the land into a typical park as identified in the parks and open space master plan of the city. This formula provides a baseline for determining the number of dwelling units per acre rate for future development within the city, the parkland dedication or in lieu acquisition costs for parkland, and the cost of future park development. This formula shall be applied and reviewed periodically to assure that the process for future development remains fair and equitable as established herein. In the event that the periodic review results in a determination of inequity, an amendment to the ordinance to correct the inequity will be presented to council for consideration. (b)General requirement for dedication of land and payment of park development fee. (1)Whenever a final plat is filed of record with the County Clerk of Harris County, Texas, or a development site plan, or a property survey is submitted and filed with the approving authority of the city in accordance with the provisions of this chapter and other planning and development ordinances that may be contained within the Code of Ordinances of the City of La Porte, for a development of a residential area within the City of La Porte that contains one or more residential dwelling units, such plat, or site plan, or property survey shall contain a clear fee simple dedication of one acre of land for each 93 proposed dwelling units. As used in this section, a "dwelling unit" means each individual residence, including individual residences in a multi-family structure, designed and/or intended for inhabitation by a single family. Residential structures that are moved from one area of the city to another area of the city are specifically excluded from the park development fee requirements of this chapter. Any proposed plat or site plan, or property survey submitted to the City of La Porte for approval shall show the area proposed to be dedicated under this section. The required land dedication of this section may be met by a payment in lieu of land where permitted by the City of La Porte or required by other provisions in this chapter. In the event a plat is not required and a development site plan or property survey is filed, the dedication of land or payment in lieu of land required under this section shall be met prior to the issuance of a building permit by the approving authority of the city. (2)The City Council of the City of La Porte declares that development of an area less than one acre for neighborhood park purposes is impractical. Therefore, if fewer than 93 dwelling units are proposed by a plat filed for approval, the approving authority may require the developer to pay the applicable cash in lieu of land amount, as provided in subsection (c) below. (3)In addition to the required dedication of land, as set forth above, there shall also be a park development fee paid to the City of La Porte as a condition to subdivision plat approval or issuance of a building permit. Such park development fee shall be set from time to time by ordinance of the City Council of the City of La Porte sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located. Unless and until changed by ordinance of the City Council of the City of La Porte, the park development fee shall be calculated on the basis of $318.00 per dwelling unit. (4)In lieu of payment of the required park development fee, a developer shall have the option to construct the neighborhood park amenities and improvements. All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the approving authority. The developer shall financially guarantee the construction of the amenities and improvements, and the City of La Porte must approve same, prior to the filing of a plat in the case of platted subdivisions. Once the amenities and improvements are constructed, and after the approving authority has accepted such amenities and improvements, the developer shall deed and convey such amenities and improvements to the City of La Porte or to the applicable homeowner's association. (5)In instances where land is required to be dedicated, the approving authority shall have the right to accept or reject the dedication after consideration of the recommendation of the parks and recreation director or the planning and zoning commission, and to require a cash payment in lieu of land in the amount provided under subsection (c) below, if the approving authority determines that sufficient park area is already in the public domain for the area of the proposed development or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks. (6)When two or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the parks and recreation department, at the time of preliminary plat approval, will work with the developer to define the optimum location of the required dedication within the respective plats. Once a park site has been determined, adjacent property owners who develop around the park site shall dedicate land and (or) cash to the existing site unless otherwise determined by the approving authority, as provided herein. (c)Cash payment in lieu of land. (1)A developer responsible for land dedication under this section shall be required, at the approving authority's option, to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to filing the final plat for record, or prior to the issuance of a building permit where a plat is not required. (2) The cash payment in lieu of land dedication shall be met by the payment of a fee set from time to time by ordinance of the city council sufficient to acquire neighborhood parkland. Unless and until changed by the city council, such fee shall be computed on the basis of $490.00 per dwelling unit. A cash payment in lieu of land dedication, as set forth in this section, does not relieve the developer of its obligation to pay the park development fee of $318.00 set forth in subsection (b)(3) above. The cash payment in lieu of land dedication is in addition to the required park development fee. (3) The general requirements for dedication of land and payment of park development fees and the cash payment in lieu of land are set forth graphically in table 1, attached hereto. (4) The City of La Porte may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, the calculation of which is set forth as provided herein. Such cash payments are in addition to the payment of the required park development fee. (d) Special fund. (1) All funds collected by this dedication process will be deposited in the City of La Porte's Park Development Fund and used for the purchase or leasing of park land and the development and maintenance of same. All expenditures from the said fund will be reviewed and approved by the Office of the City Manager for the City of La Porte. (2) The City of La Porte shall account for all sums paid into the parks development fund with reference to the individual plats involved. (e) Prior dedication, absence of prior dedication. (1) If a dedication requirement arose prior to the passage of this chapter, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual number of dwelling units constructed upon property is greater than the former assumed or planned number of dwelling units. Additional dedication shall be required only for the increase in the number of dwelling units and shall be based upon the land dedication and park development fee requirements set forth herein above. (2) At the discretion of the city, any former gift of land to the city may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The approving authority shall consider the recommendations of the Parks and Recreation Department and the Planning and Zoning Commission in exercising its discretion under this subsection. (f) Additional requirements, definitions. (1) Any land dedicated to the city under this chapter must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable and may be ground for refusal of any plat: a. Any area primarily located in the 100-year floodway as determined by the Harris County Flood Control District. b. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. (2) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with city engineering standards as found in Section 5.5.3 of the Public Improvement Criteria Manual of the City of La Porte, if no significant area of the park is cut off from access by such channel, if not less than five acres of the site is above the 100-year floodplain, or if the dedication is in excess of ten acres, not less than 50 percent of the site should be included in the 100-year flood plain. (3) Each park must have ready access to a public street. (4)Unless provided otherwise herein, an action by the city shall be by the approving authority, after consideration of the recommendations of the commission and/or the director of parks and recreation department. (5)Any preliminary plat approved prior to the effective date of this chapter shall be exempt from these requirements set forth herein; however, however when such preliminary approval expires, any resubmission of such plat shall meet the requirements of this chapter. (g)Instruments of dedication. (1)The park land dedication required section shall be made in the case of subdivision by a reservation on the final plat as filed in the map records of Harris County, Texas, unless additional dedication is required subsequent to the filing of the final plat. In the case of a development site plan, the dedication required by the ordinance shall be made by filing of a deed to the deed records of Harris County. In either event, if the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment by the cash in lieu of land amount provided herein. 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