HomeMy WebLinkAbout12-06-1984 Planning and Zoning Commission Regular Meeting (2)"~ .
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AGENDA
REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION TO
BE HELD DECEMBER 6, 1984, IN THE COUNCIL CHAMBERS OF THE CITY HALL,
604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 7:00 P.M.
1. CALL TO ORDER
2. CONSIDER THE APPROVAL OF THE MINUTES OF THE REGULAR MEETING
HELD ON NOVEMBER 15, 1984
3. CONSIDER REQUEST OF DON WELCH OF DECKER MCKIM REALTORS TO HAVE
AN "UNRESTRICTED RESERVE K" TRACT OF LAND IN BROOKGLEN,
SECTION 3 ON FAIRMONT PARKWAY BETWEEN THE CORNERS OF BROOKWOOD
AND SOMERTON, REZONED FROM "RESIDENTIAL" TO "COMMERCIAL" TO
ACCOMMODATE FUTURE RETAIL-COMMERCIAL DEVELOPMENT - D. Welch/.
B. Speake
4. REVIEW AND DISCUSS PROPOSED SUBDIVISION ORDINANCE AND RELATED
ELEMENTS OF THE COMPREHENSIVE PLAN - B. Speake
5. ADJOURNMENT
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MII`IUTES
OF THE
REGULAR MEETING OF THE
LA PORTE PLANNING AND ZONING COMMISSION
DECEMBER 6, 1984
1. The meeting was called to order by Chairman Doug Latimer at
7:00 P.M.
Members of the Commission Present: Chairman Doug Latimer,
Members Charlie Doug Boyle, Karl Johnston, Janet Graves and
Bobby Blackwell
Members_of_the Commission Absent: Bruce Hammack and Lola
Phillips
City Sta.ff_Pre.sent: Assistant City Attorney John Armstrong,
City Engineer Bob Speake and Assistant City Secretary Laura
Hall
Others_Present: Mr. Don Welch, Decker McKim Realtors; John
• Welch, Real Estate Appraiser; Pete Dudley, Bayshore Sun
Newspaper; Mrs. D. Sullivan
2. The Commission considered the approval of the minutes of the
Regular Meeting held on November 15, 1984.
Motion was made by Karl Johnston to approve the minutes ~s
presented. Second by Bobby Blackwell. The motion carried, 5
ayes and 0 nays.
Ayes: Latimer, Boyle, Johnston, Graves, Blackwell
Nays : PJone
3. The Commission considered the request of Don Welch of Decker
McKim Realtors to have an "unrestricted reserve K" tract of
land in Brookglen, Section 3 on. Fairmont Parkway between the
corners of Brookwood and Somerton, rezoned from "residential"
to "commercial" to accommodate future retail-commercial
development.
Mr. Don Welch called on the appraiser of the property, Mr.
John Welch to make a short presentation about the property in
question. Mr. Welch stated that the property was in keeping
with the specifications in the Comprehensive Master Plan in
that the frontage of the property facing Fairmont Parkway
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Minutes, Regula~leeting •
La Porte Planning & Zoning Commission
December 6, 1984, Page 2
• would be used for commercial use; in particular a convenience
store would be built. The remaining portions of the property
would be developed at a later time to include multi-family
residential. The multi-family residential development would
include two story walk-up garden type apartments or
condominium buildings. Commercial development of the western
portion of the subject property would most be in one of three
forms. The tract could physically support two to three
single tenant commercial or office facilities, a small strip
center facility,. or a combination; but the strip center would
be most likely. Mr. Welch felt this type of development
would receive most of its' business from the immediate
neighborhood, with additional traffic from exposer to
Fairmont Parkway. Mr. Welch stated that it was his feeling
that the subject property could be successfully developed if
zoned either neighborhood commercial or general commercial
under the Master Plan.
Chairman Latimer then asked if any Commission member had any
question of Mr. Welch or if they would like to review the
proposed site plan. No one did.
Chairman Latimer then asked the Commission for a motion and
second to schedule this rezoning request for a public hearing
on January 3, 1985. Motion was made by Bobby Blackwell to
• schedule this rezoning request for a public hearing to be
held on January ~,, 198. Second by Charlie Doug Boyle. The
motion carried, 5 ayes and 0 nays.
Ayes: Latimer, Boyle, Johnston, Graves, Blackwell
Nays: None
Chairman Latimer then discussed with the Commission a letter that
he had received from City Manager Jack Owen to carry out the.
rezoning of the Spenwick/College View area. Chairman Latimer read
the letter aloud to the Commission. (A copy of the letter from
City Manager Owen is attached to these minutes as part of the
permanent record.) Chairman Latimer stated that it was the City
Council's wish that the Commission hold a public hearing to rezone
all of this property in the subject area, at one time. Mr.
Blackwell stated that he did not feel that the Commission could
study the new proposed subdivision and zoning ordinances in
compliance with the Master Plan review and create a "Comprehensive
Plan" to rezone the Spenwick area at the same time. He felt that
this would be too much work to-do the two projects at the same
time. He did feel, however, that Council was not explicit enough
as to whether the rezoning of Spenwick should take precedence
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Minutes, Regulat~eeting •
La Porte Planning and Zoning Commission
December 6, 1984, Page 3
• over the review of the subdivision ordinance and zoning
ordinance. Assistant City Attorney Armstrong stated that if it
was the Commission's desire, he could prepare a memorandum to
Council stating the magnitude of such a project. The Commission
agreed that he should prepare the statement.
With the conclusion of the discussion concerning the rezoning of
the Spenwick area, the Commission went on to the next item on the
agenda.
4. The Commission reviewed and discussed the proposed
subdivision ordinance and related elements of the
Comprehensive Plan.
City Engineer Speake passed out Blue Book materials in
Sections A (future optional reading assignments), E (the
draft Development Ordinance), and I (PICM Section 7, Platting
Graphic Standards). Mr. Speake stated that rezoning pressure
on the Commission was mounting and that it would be wise for
all to read the Comprehensive Plan and proposed Zoning
Ordinance as we go through the Development Ordinance adoption
process. In that way, the Commission will be able to being
rezoning at the earliest possible date.
Mr. Speake reviewed the changes which have been suggested to
• date in Blue Book Section E. Those changes are .highlighted
in bold print in the new pages handed out December 6th. A
number of definitions were added in Section 2 of the
ordinance. Assistant City Attorney Armstrong pointed out the
following definitions still needed some more revision:
Planned Unit Development and Variances. It was also pointed
out that the legal language proposed on Blue Book Page E-11
still needed work.
Mr. Speake advised the Commission that a number of sections
in the proposed Ordinance now are in PICM Section 7 (Blue
Book Section I). He then went over the pertinent PICM
provisions for Sketch Plans, General Plans, and Preliminary
Plats. He mentioned that changes which have been made since
the November 15th meeting are highlighted in bold print in
the revised pages handed out December 6th. By agreement of
all attendees, discussion of Final Plats will be deferred
until the December 20th meeting.
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• Minutes, Regular Meeting
La Porte Planning and Zoning Commission
December 6, 1984, Page ~+
5. There being no further business to come before the
Commission, the meeting was duly adjourned at 9:08 P.M.
Respectfully submitted:
Laura Hall
Assistant City Secretary
Passed & Approved this the
day of December, 1984.
Doug Latimer, Chairman
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NOTICE OF PUBLIC HEARING
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In accordance with the provisions of Ordinance 780, the Zoning
Ordinance of the City of La Porte, a public hearing will be held at
7:00 P.M. on January 3, 1985, by the La Porte Planning and Zoning
Commission to consider rezoning an "unrestricted reserve K" tract of
land in Brookglen, Section 3 on Fairmont Parkway between the corners
of Brookwood and Somerton, rezoned from "residential" to "commercial"
to accommodate future retail-commercial development.
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This hearing will be conducted in the Council Chambers of the
La Porte City Hall, 604 West Fairmont Parkway. Letters concerning
this matter should be addressed to the City Secretary, P. 0.
Box 1115, La Porte, Texas 77571. Those wishing to address this
matter pro or con during the meeting will be required to sign in
before the meeting is convened.
CITY OF LA PORTS
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Cherie Black
City Secretary
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CITY OF LA PORT E
INTER-OFFICE MEMO
T0: BOB SPEAKE
FROM: AULISSEN
DATE: 12/28/84
SUBJECT : FINAL STAFF R ECOMM ENDATION ON R ES ERV E "K" BROOKGL EN SEC . 3
DON WELCH OF DECKER MCKIM REALTY
The City has received a request from Mr. Don Welch of Decker McKim
Realty to re-zone a tract of land that faces Fairmont Parkway between
Brookwood and Somerton Streets.
R DQU EST
The property is owned by Mr.'s Don Elliott and Jimmy Guidry. The
request is to re-zone the above described tract to "C" commercial to
allow part of the tract to used for the construction of a convenience
store and part to be marketed for future retail development. The
• request states that this re-zoning will make the property consistent
with surrounding properties.
ISSU ES
A. This property is located in the newly annexed area of College
View. As you know, this area is currently temporarily classified
as "R-1" due to its annexation. A permanent zoning classification
has not yet been assigned. The Commission has been asked by the
City Council to begin the process of assigning permanent
classification to the College View/Spenwick area.
B. This request is not in specific compliance with the proposed
master plan but the plan does indicate that some "NC" neighborhood
commercial should be located about a mile east of this site.
Listed below are the comparisons to the pertinent plans contained
in the City's proposed comprehensive plan.
(1) Land Use Plan
This site is designated as medium density residential.
This is defined as g-14 dwelling units per gross acre.
The Comprehensive Master Plan (CMP) proposes residential
use on all but one small area just east of this tract.
This proposed land use includes primarily single-family
attached housing and low density multi-family units such
as duplexes and fourpl ex es .
• (2) Thoroughfare Plan
The CMP proposes that Fairmont Parkway should become a
PAGE 2
WELCH-REZONING CON' T.
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Semi-Controlled Access Hwy (SCAH). The Parkway should
• ultimately be designed for 8 moving lanes with a ROW capacity
of up to 10 moving lanes. This type of thoroughfare should
generally have a signal every two miles but not closer than
every one mile. It should move between 800 and 1000 vehicles
per hour. A SCAH should be designed to speed traffic
movement. Any additional lanes could be contained within the
existing ROW. The proposed project will have little impact
on Thoroughfare Plan.
C. It should be considered
commercial sites developed
Park. These developments
stores, and a mini-storage
areas that are currently
Parkway.
that there have been several other
along Fairmont Parkway at Fairmont
include two car washes, two convenience
complex. Note that these took place in
zoned "C" commercial along Fairmont
D. There was some initial question as to the availability of sanitary
sewer to this site because of the plant loading problem mentioned
in my memo of 12/6/84. After researching this problem it was
noted that the College View MUD board had granted these two
owners sewer tap privileges. These were restricted to 5
commodes, 3 urinals, and 8 wash basins. The City's policy has
been to accept these prior commitments.
E. There exists a pipeline easement on this particular tract that
• divides the tract into two segments. The eastern and smallest
section of this tract is the area that is proposed for a
convenience store. This tract is of slightly less than 10,000
square feet. The western two thirds of the tract has no
specific use proposed other than future retail development.
SUMMARY
There are several areas that should be noted before re-zoning should
take place. These are listed below:
A. This request is somewhat contrary to the proposed Comprehensive
Plan as "R-2" is proposed.
B. The existing and current commercial projects along Fairmont
Parkway indicate a trend toward this type of commercial
development. Regional commercial growth trends along Fairmont
Parkway west of the City merit consideration also.
R ECOMM ENDATION
This request has been reviewed based on the existing zoning ordinance
with facts from the proposed plan used for support. The analysis
shows little or no negative impact on the community or the proposed
• master plan with the granting of this request. Based on the facts
listed above and to remain consistent with the guidelines already set
.forth by the Planning and Zoning Commission, the following
recommendation is given:
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PAGE 3
WELCH-REZONING CON'T
Rezone that part of reserve "K" that lies east of the pipeline
corridor from it's temporary "R-1" zoning classification to "C"
commercial. Deny the rezoning request on that part of the tract that
lies west of the pipeline corridor until a specific use is
determined. At such time as a sale for development is pending or
closed the applicant should re-apply for the rezoning.
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T0:
FROM:
DATE:
SUBJECT:
BOB SPEAK E
D. ~ ~ LISSEN
12/6/84
CITY OF LA PORTE
INTER-OFFICE MEMO
REZONING "UNRESTRICTED RESERVE K" COLLEGE VIEW
DON WELCH OF DECKER MCKIM REALITY
The City has received a request from Mr. Don Welch of Decker McKim
Reality to re-zone a tract of land that faces Fairmont Parkway between
Brookwood and Somerton Streets. This memorandum is provided to
identify some of the issues involved in this request. A staff
recommendation will be made after further investigation and prior to
any public hearing on this matter.
RE UEST
The property is owned by Mr.'s Don Elliott and Jimmy Guidry. The
• request is to re-zone the above described tract to "C" commercial to
allow part of the tract to used for the construction of a convenience
store and part to be marketed for future retail development. The
request states that this re-zoning will make the property consistent
with surrounding properties.
ISSU ES
A. This property is located in the newly annexed area of College
View. As you know, this area is currently temporarily classified
as "R-1" due to its annexation. A permanent zoning classification
has not yet been assigned. The Commission has been asked by the
City Council to b egin the process of assigning permanent
classification to the College View/Spenwick area.
B. This request is not in specific compliance to the proposed master
plan but the plan does indicate that som e "NC" neighborhood
commercial should be located about a mile east of this site. This
tract is recommended to be "R-2" under the proposed ordinance.
C. It should be considered that there have been several other
commercial sites developed along Fairmont Parkway at Fairmont
Park. These developments include two car washes, two convenience
stores, and a mini-storage complex. Note that these took place in
areas that are currently zoned "C" commercial along Fairmont
Parkway.
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WELCH-REZONING CONT.
• D. There is some question as to the availability of adequate sanitary
sewer to the site. The question lies in the fact that the College
View treatment plant is overloaded. When this area was in the
College View MUD, taps were being reviewed on an individual basis
with many requests being denied. Since the annexation the City
has given the Texas Department of Water Resources a compliance
schedule for relieving the overloaded conditions of the College
View Plant. Hopefully successful adherence to this schedule will
prevent a moratorium on building in the College View area.
SUMMARY
There .are several areas that need further investigation before
re-zoning should take place.
A. The re-zoning of this tract may provide additional impetus for a
more rapid re-zoning of the annexed area than is currently planned
by the Commission.
B. This request is somewhat contrary to the proposed Comprehensive
Plan.
C. The existing and current commercial projects along Fairmont
Parkway indicate a trend toward this type of commercial
• development. Regional commercial growth trends along Fairmont
Parkway west of the City merit consideration also.
D. As per current City policy, utility commitments above and beyond
those approved by College View Mud are being reviewed on an
individual basis. On previous taps approved by the City, there
has been a capital recovery fee paid to the City.
Again, this memorandum is to provide you with some of the facts and
issues concerning this re-zoning request. If you require any further
information please contact me.
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• ~ JOHN D. WELCH & ASSOCI~ES
Rein Estntc Ap~rur.rers & Coasultcrnts
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December 6, 1984
City of LaPorte
604 West Fairmont Parkway
Laporte, Texas 77571
Re: Re-zoning of Reserve "K",
Brookglen, Section 3.
To whom it may concern;
I have been retained by the current owners of the above ref-
erenced property to consider the highest and best use of the
site.
The tract contains a total of approximately 2.5503 acres with
approximately 550 feet of frontage on Fairmont Parkway, 185
feet on Somerton Drive, and 185 feet on Brookwood Drive (re-
fer to Exhibit "A"). It has an average depth of approximately
195 feet. A 50 feet wide pipeline easement traverses the
eastern most portion of the site and contains approximately
10,400 square feet of land area. The entire tract is vacant
• at this time.
Utility of the site is greatly affected by the pipeline ease-
ment. No permanent structures may be constructed within this
area. Therefore, it is most likely that the property will be
developed in at least two sections.
Current zoning of the property calls for single family resi-
dential development. In the opinion of this appraiser, this
type of development is unlikely. Considering overall size and
shape, and frontage to depth ratio of the property, all of
the homes would most likely face Fairmont Parkway, which is a
major thoroughfare. Homes with this location would be diffi-
cult, if not impossible to market.
The eastern most .6713 acre (refer to Exhibit "B") of the
site is currently under contract to Mr. Charles G. Ballard.
The contract is contingent upon re-zoning the property from
residential to commercial. Mr. Ballard proposes to build a
convenience store facility on the site. It is the opinion of
this appraiser that the proposed improvement will well serve
the surrounding neighborhood and will be consistent with the
estimated highest and best use of the site.
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~37O(i Ccnlrr SlfCil • (hrr Park, I'r~:n i7~ib • 1'hunc: 171 i).~7y_?tii~)
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City of LaPorte
Page 2
That portion of the subject which lies to the west of the
pipeline easement contains a total of approximately 1.7 net
acres. In my opinion, the two most probable best uses of this
site are multifamily residential and commercial. Considering
the exact location of the site, fronting Fairmont Parkway
which is high speed divided boulevard, the most probable type
of multifamily development is a two story walk-up garden type
apartment or condominum project. This type of project typic-
ally has a density of 28 to 32 units per acre. Considering
the developable portion of the subject is approximatley 1.7
acres, a project would contain approximatley 48 to 54 total
units. In todays market, most developers consider projects of
this type to be extremely marginal if developed with less
than 100 units. Therefore, this type of development is not
considered to be likely for the subject.
Commercial development of the western portion of the subject
would most be in one of three forms. The tract could physi-
cally support two to three single tenant commercial or office
• facilities, a small strip center facility, or a combination
of a small center and a single tenant facility. In my opin-
ion, the strip center type development is most likely. This
type of facility would receive the majority of it's business
from the immediate neighborhood, with additional traffic from
exposer to Fairmont Parkway. It is therefore the opinion of
the appraiser that the estimated highest and best use of the
subject,- assuming re-zoning, is for commercial development.
Also considered by the appraiser was the City of LaPorte Com-
prehensive Plan dated April 27, 1984. It is my opinion that
the subject could be successfully developed if zoned either.
neighborhood commercial or general commercial under this plan.
I appreciate this opportunity to express my views and opin-
ions. Please call if I may be of further assistance to you
in this matter.
Sincerely,
U ~~
John D. Welch, MAI, SRPA
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