HomeMy WebLinkAbout12-05-1985 Regular MeetingIr ~
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AGENDA
REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING
COMMISSION TO BE HELD ON THURSDAY, DECEMBER 5,.1985 IN THE
COUNCIL CHAMBERS OF THE LA PORTE CITY HALL, 604 W. FAIRMONT
PARKWAY, LA PORTE, TEXAS AT 7:00 P.M.
1. CALL TO ORDER
2. APPROVE MINUTES OF NOVEMBER 7, 1985 MEETING.
3. CONSIDER APPROVAL OF FINAL PLAT - PLANEVIEW SUBDIVISION
TABLED FROM NOVEMBER 7, 1985 MEETING.
4. ADJOURNMENT
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MINUTES OF THE
• LA PORTE PLANNING AND ZONING COMMISSION
DECEMBER 5, 1985
1. The meeting was called- to order at 7:25 p.m. by
Assistant Chairman Bobby Blackwell.
Members of the Commission present:
Bobby Blackwell, Lola Phillips, Janet Graves and Ed
Murphree
Members of the Commission absent:
Chairman Andy Wilson, Commissioners Karl Johnston and
Charles D. Boyle.
Others Present: Citizens Jim and Carla Wheeler, Fred
Beck, Mrs. McKee, Mrs. Bobby Blackwell, Barbara Neal of
the Bayshore Sun
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2. Consider approval of minutes of the November 7, 1985
meeting.
Motion was made by Janet Graves to pass the minutes, Ed
Murphree seconded the motion. The motion passed with no
opposition.
3. Consider approval of Final Plat of Planeview Subdivision
which we tabled at the November 7, 1985 meeting.
The Planning and Zoning Commission granted approval of
the final plat for the Planeview subdivision with
instructions to withhold development ordinance
authorization until all necessary documentation was
completed.
The Commission asked Mr. Bob Speake, City Engineer, to
come forth. He again suggested it was necessary to
withhold authorization under the present development
ordinance.
The- Commission discussed requests for variances and
suggested that they needed to be submitted in writing
and that all paperwork on processing the plat through
HL&P for easement and streetlight requirements needed to
be filed in order to proceed with development.
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Minutes of the Planning and Zoning Commission
December 5, 1985
Page 2
Mr. Speake then gave background on the development. He
reviewed the plat and listed the things that did not
particularly conform to the development ordinance.
Mr. Speake indicated that the setback lines for lot 1 of
block 1 and lots 1,8 and 9 of block 2 be 15 feet instead
of 10 feet.
After completion of Mr. Speake's comments, the
Commission was granted a discussion.
Fred Beck, who represented H. Carlos Smith Engineering,
came forth just to answer any questions by the
Commission.
Jim Wheeler was asked to come forth in regards to the
sidewalks. Bobby Blackwell of the Commission
recommended that the Commission require sidewalks for
the Planeview Subdivision.
Janet Graves made motion in favor of sidewalks, Lola
Phillips seconded. Motion carried.
Mr. Speake then made a motion to accept staff's
recommendation on variances, double frontage blocks, filing
fees and 6 variances.
The Commission accepted this motion with no objection.
Ed Murphree made another motion to adopt the staff
recommendation and modifications discussed of filing a
letter, requesting variances; and to approve this document
as is provided documentation from all other .appropriate
bodies are provided and that development authorization be
withheld until that time. This was seconded by Lola
Phillips. It passed with no objections.
4. -There being no other business, the meeting was adjourned
at 8:30 P.M.
Respectfully submitted,
Gwen Vann
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Minutes of Planning and Zoning Commission
December 5, 1985
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Approved this the day of ~
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Janet Graves, Secretary
Planning and Zoning Commission
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: Planning and Z ing Commission
FROM: Bob Speake
City Engineer
DATE: December 4, 1985
SUBJECT: Planeview Subdivision (CLP File No. 84-8167)
This item was tabled for further study at the November 7 meeting.
Since then, Staff has endeavored to answer all questions raised at
that meeting. Our answers are contained in the following enclosed
documents:
1. Legal opinion from Assistant City Attorney John
Armstrong in reply to November 25, 1985 memo from John
Joerns.
2. Staff memo from Bob Speake noting areas of plat
nonconformance with the La Porte Development Ordinance,
with commentary and recommendations.
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3. An oral history of this project (prior to consolidation)
signed by Mayor Malone, Councilperson Waters, and
Inspector Jesse Taylor.
4. A chronology of the project compiled from available City
records.
5. A copy of the 1979 plat filed in Lomax.
6. A copy of the 1985 plat for which Commission approval is
now being sought.
The developer's engineer, H. Carlos Smith, will be represented at
the December meeting. I will represent the staff.
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CITY OF LA PORTS
INTER-OFFICE MEMORANDUM
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T0: John Armstrong
Assistan ttorney
FROM: John Jo
Director` mmunity Development
DATE: November 2 1985
SUBJECT: Request for Legal Opinion Regarding the
City's Development Ordinance (Ord. #1444)
and its Relationship/Applicability to
Previously Approved Subdivisions
Item 4~5 of the Planning & Zoning Commission Agenda of November 7,
1985, considered final plat approval of Plane View Subdivision.
Due to the lack of written documentation on the subdivision, the
• absence of the developer's representative and their proposed final
plat, there was general discomfort among the Commission members.
Therefore, the final plat approval for the Plane View Subdivision
was tabled until the December meeting and Staff was instructed to
provide additional information.
After listening to the tape of the November 7 meeting, I feel that
the major issue is defining the relationship of this Commission
and the Development Ordinance to previously approved but
unrecorded subdivision plats. Earlier discussions with your
office indicated that subdivisions previously approved by the
proper governing body or authority should, in general, proceed to
completion according to those approvals. Unfortunately, Staff has
not been able to document the proceedings of the Lomax Planning
and Zoning Commission or the Lomax City Council regarding Plane
View Subdivision. Therefore, our knowledge regarding the approval
of Plane View Subdivision is based on verbal history,
correspondence from the developer's engineer and the fact that
some of the proposed subdivision improvements have been
constructed. Our research, however, did turn up a copy of Lomax's
Land Subdivision Regulations (Ord. 4101) which may be helpful in
determining the status of Plane View Subdivision.
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John Armstrong
• November 25, 19$5
Page Two
Article three, Section 2 of the Lomax Land Subdivision regulations
outline the Final Plat process from submittal to recording.
Please review these sections and any other applicable provisions
of this Ordinance and render an opinion regarding the status of
Plane View Subdivision, specifically its relationship to the La
Porte Planning & Zoning Commission and the City~s Development
Ordinance (Ord. ~~1444). Since similar situations may arise in the
future, I am also requesting that your reply consider not only the
specific case of Plane View but also include a response to the
following general scenarios which may someday face this
Commission.
Scenario
Subdivisions previously approved by the former City of Lomax
but never completed (or partially completed); subdivision
plat never executed and therefore never filed for record.
(Ref. former City of Lomax Ordinance No 101 as amended)
Scenario_2_
• Subdivisions approved by the City of La Porte Planning &
Zoning Commission under the guidelines and regulations
contained in the City's former Subdivision Regulations.
(Ref. repealed City of La Porte Subdivision Ordinance No. 705
as amended)
Your response to these scenarios will be discussed with the
Planning & Zoning Commission and will hopefully serve as a
foundation for Planning & Zoning Commission policy on previously
approved but incomplete subdivisions. The specific case of Plane
View Subdivision must be resolved prior the the regular Planning &
Zoning meeting slated for December 5, 1985. Please advise if you
have any questions.
JJ/tla
Enclosures
xc: Bob Speake, City Engineer w/o Enclosures
H. Carlos Smith w/o Enclosures
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CITY OF LA PORTE
MEMORANDUM
TO: John Joerns, Director of Community Development; Bob Speake,
City Engineer; Planning and Zoning Commission of the City
of La Porte
FROM: John D. Armstrong, Assistant City Attorney, City of La Porte
DATE: December 4, 1985
SUBJECT: Request for legal opinion regarding the City's Development
Ordinance (Ord. #1444) and it's relationship/applicability
to previously approved subdivisions: Approval of Plainview
Subdivision.
By memorandum dated November 25, 1985, you requested a legal opinion
on the status of Plainview Subdivision, and specifically its re-
lationship to the City of La Porte Planning & Zoning Commission and
the City of La Porte Development Ordinance (CLP Ord. #1444).
• In said memorandum, you indicated that Staff has not been able to
document the proceedings of the Lomax Planning & Zoning Commission or
the Lomax City Council regarding Plainview Subdivision's approval,
and that Staff knowledge regarding the approval has been constructed
from a verbal history, correspondence from the developer's engineer,
and the fact that some of the proposed subdivision improvements have
been constructed.
It is critical to note that due to the consolidation of the City of
La Porte with Lomax, the City of Lomax's Planning & Zoning Commission,
the City of Lomax's Board of Adjustment, and the Lomax City
Council could not have taken any action regarding the Plainview
Subdivision final plat after they ceased to exist on the date of
consolidation of the two Cities, i.e. on April 5, 1980.
It is also critical to note that the City of La Porte Planning &
Zoning Commission, the City of La Porte Board of Adjustment, and the
City Council of the City of La Porte have taken absolutely no action
regarding the Plainview Subdivision platting process, or the approval
of said plat.
Finally, it is critical to note that the Plainview Subdivision Plat
has never been filed for record with the Harris County Clerk, nor has
said plat ever been dedicated to or certified by the City Council of
Lomax, or the Planning & Zoning Commission of the City of Lomax.
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Since the developers of Plainview Subdivision now wish to proceed,
• several questions need be addressed by the City of La Porte regarding
the approval process of the Plainview Subivision final plat. First,
no tangible evidence of approval of the Plainview Subdivision final
plat by the City of Lomax exists. However, even if approval by the
City of Lomax could be inferred from the verbal history you referred
to in your memorandum, the correspondence from the developer's
engineer, and the fact that some of the proposed subdivison improvements
have been constructed, said inferred approval would have expired by
the terms of the City of Lomax Land Subdivision Regulations.
When the developer initially requested approval of the Plainview
Subdivision Plat, the developer was proceeding under the City of
Lomax Land Subivision Regulations (Ord. #101 City of Lomax).
Article II, Section 2, E-3 of said Subdivision Ordinance of the City
of Lomax indicates:
"Final approval (of a subdivision plat) will expire one year
after the City Council action granting approval of any plat
unless the plat has been filed for record".
As noted above, even taking the latest date that the City Council of
the City of Lomax could have approved the Plainview Subdivision
final plat (i.e. one day before the City of La Porte and the City of
Lomax consolidation, April 4, 1980) clearly more than one year has
passed and clearly said plat has not been filed for record with Harris
County.
• Therefore, the approval of the Plainview Subdivision final plat,
if it ever existed, has expired, and if the developer currently
wishes to proceed with the subdivision and construction of improve-
ments on said subdivision, the developer will need to reapply for
approval of said subdivision under the City of La Porte's Development
Ordinance (CLP Ord. #1444).
Due to time constraints, this opinion letter only covers the
Plainview Subdivision approval process, and does not express an
opinion on any subdivisions previously approved by the former City of
Lomax but never completed, the subdivison plats never executed or
filed for record, subdivisions approved by the City of La Porte
Planning & Zoning Commission under the guidelines and regulations
contained in the City's former subdivision regulations, or any com-
bination of same. As time permits, these topics will be addressed
in complete fashion under seperate cover and submitted for your
approval and the approval of the City of La Porte Planning & Zoning
Commission .
Resp~ctf~,il,~l.y Submitted,
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John A trong
ant City Attorney
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CITY OF LA PORTE
• INTE-OFFICE MEMORANDUM
T0: Planning and ing Commission
• FROM: Bob Speake
City Engineer
DATE: December 4, 1985
SUBJECT: Planeview Subdivision (CLP File No. 84-8167)
Final Plat Staff Review
Following is a list of items found in the proposed Final -Plat of
Planeview Subdivision which do not conform to the La Porte
Development Ordinance (Ordinance section references are shown in
parentheses), followed by commentary, and a recommendation:
1. Deed restrictions are to be filed with the Final Plat (4.04).
COMMENTARY: This subdivision has no "common areas,
compensating open space, private streets, alleys or parking
areas or other private improvements" for which a property
owners association responsibile for maintenance or
improvement of the same would be needed.
RECOMMENDATION: Grant variance for Item 1 under 13.04D.
2. Plat should be processed through H L & P for easement aad
• streetlight requirements (4.04, 11.04, and Appendix D).
COMMENTARY: 11.04 specifically requires that residential
streets be served by lights.
RECOMMENDATION: Require conformance for Item 2.
3. Receipt for payment in lieu of parkland dedication not
furnished with plat (4.04, 12.00, and Appendix D).
COMMENTARY: Under 12.05B, the City may elect to purchase
parkland in or near a new subdivision. Developer
contributions in support of this program are in the form of
land dedicated within the subdivision or cash in lieu of
land. The basis of the City's decision, where it has that
option, is the City Park Zone Map which has not been
published. Until that map has been adopted, 12.05B may be
unenforceable.
RECOMMENDATION: Grant variance for Item 3 under 13.04D.
4. Sidewalks required if specified by the Commission (5.02)
COMMENTARY:
the discretio
long-standing
subdivisions.
3 of Block 1.
5.02 provides that sidewalks may be required at
n of the commission. The Commission has had a
policy of requiring sidewalks in residential
Houses have been constructed on Lots 1, 2, and
The other lots are vacant.
Planeview Subdivis~n Final Plat Review Lette~Page 2
• ~~~®N[MENDATION: Pleasure of the Commission.
5. Side lot lines should be radial to the curved street line
(5.03).
COMMENTARY: Lot 6 of Block 1 and Lots 4 and 5 of Block do
not conform to this requirement.
REC®MMENDATION: Grant variance for Item 5 under 1~04D_
6. Lots 1, 2, 3, and 4 of Block 2 have double frontage (®~ tw®
streets) and do not back on a mayor thoroughfare C~.®~a
COMMENTARY: The Thoroughfare Plan approved by the Commission
does not designate North "H" street a major thoroughfare.
5.03 prohibits double front lots on such streets. However, a
note on the plat prohibits driveway access to all lots
backing on North "H".
REO®MMENDATION: Grant variance for Item 6 under 13.04D
ppovided plat note is changed to reflect "Lots ad~acent__to
North H Street are hereby denied driveway access to North N
Street."
7. Building setback lines for Lot 1 of Block 1 and Lots 1, 8,
• aid 9 of Block 2 should be 15' instead of 10~ at the exterior
side lot line (5.04)
COMMENTARY: A House has been built on Lot 1 of Block 1 which
has been setback nearly 25 feet from the exterior side lot
line. The other three lots are vacant
RECOMI4ENDATION: Require conformance
8. One control monument should be shown on the Final Pls~t
(6.01A).
COMMENTARY: The Public Improvements Criteria Manual, which
will specify how control monuments are to be installed has
not yet been published.
REC®MMENDATION: Grant variance for Item 8 under 13.04D.
9. Plat filing fee of $50.00 has not been paid (10.00)
COMMENTARY: The developer's engineer has stated that these
fees were paid to Lomax.
REO®MMENDATION: Grant variance for Item~9 per 13.04D.
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CITY OF L FORTE
PHONE 1713) 471-5020 • P. O. Box 1115 • LA PORTS, TExAS 77571
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December 2, 1985
RE: Plain View Subdivision
North "H" Street
Developer - Sonny McKey
Engineer - H. Carlos Smith
To Whom It May Concern:
A preliminary plat for "Plane View Subdivision" was submitted to
the City of Lomax in 1978. The plat was delivered to Bayshore
Engineers for a review. A letter is on file from Ed Adams from
Bayshore Engineers setting forth the areas of non-compliance with
the Lomax Subdivision Ordinance 4101 (lot widths, cul-de-sac turn
around and the use of P.V.C. pipe in the sewer system).
The developers of "Plane View" made application to the Lomax Board
of Adjustment for a variance for their lots and streets. The
Board of Adjustment held a public hearing, duly posted and public
notice published, and in writing granted the variances requested.
The Public Works Director, Mr. Jessie Taylor, and the City
Secretary, Betty T. Waters, visited with the Texas Department of
Health and the Texas Department of Water Resources and were told
they felt the use of P.V.C. pipe was a boon to the future of
sanitary sewer systems, that properly installed it should add many
years to the life of a system. This information was delivered in
writing to the Lomax Zoning Commission along with the granted
variances from the Lomax Board of Adjustment and testimony from
Mr. G. A. Clingan, City Inspector. The "Plane View" Subdivision
Plat, with variances, was approved by the Lomax Zoning .Commission
and sent to the City Council for their consideration.
The City Council reviewed all testimony and submissions concerning
the subdivision and preliminary plat and gave it their approval.
Construction was started but stopped in just a matter of weeks.
Mr. McKey asked for permission to build four (4) houses on the
west side of Dwane Lane the only completed street in the
• subdivision, while he waited for the City of La Porte to make up
their mind how much of his subdivision they were going to condemn
and purchase for an air corridor for the La Porte Airport. After
due consideration, Council agreed to permit Darla McKey to sign a
final plat dedicating existing streets and utilities to the City
of Lomax to be filed with the county, and further permitting McKey
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Plain View Subdivision
December 2, 1985
Page Two
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to build homes only on those lots on the west side of the
completed and dedicated street. This was done with the written
understanding that the subdivision would be completed as per
original approval when all land transactions were completed with
the City of La Porte.
Respectfully submitted,
tty Waters essie Tayl r
Forme City Secretary ormer Public orks Director
N man Malone r~
Mayor, City of La Porte
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PLANEVIEW SUBDIVISION
• PLAT PROCESSING CHRONOLOGY
(From available City records)
AUGUST 20, 1976
Darla Kaye Wheeler, Trustee acquired 5.7 acres out of La Porte
Outlot 472 from Marion E. Settegast.
JANUARY 9, 1979
Plat for Planeview Subdivision (of above named property), prepared
by H. Carlos Smith and submitted by Darla Kaye Wheeler, Trustee
for Lomax City Council approval.
JANUARY 12, 1979
Plat review letter from Ed Adams, PE, Bayshore Engineers, Inc. to
Lomax Mayor and City Council. Letter noted that street right of
ways are to be 60' instead of 50', street setbacks should be 25'
instead of 20', and pointed out several plat administrative
deficiencies.
• JANUARY 29, 1979
Plat review memo from R. L. Clingan, Lomax Building Inspector, to
Lomax Mayor and City Council. Letter. repeated Ed Adams' comments
and noted that Lots 5, 6, 13, and 21 have widths at setback line
under the minimum of 75', and Lots 13 and 21 have areas below the
minimum of 7500 square feet and depths under the minimum of 100'.
MAY 2, 1979
Darla Wheeler, Trustee filed Notice of Appeal and Request for
Variance with Lomax Board of Adjustment. Requested permission to
use 50' right of ways and PVC sanitary sewer pipe.
JUNE 5, 1979
Lomax Board of Adjustment granted the variances requested by Darla
Wheeler. (No record of Lomax City Council action is available)..
APRIL 1980
• Cities of Lomax and La Porte consolidated.
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Planeview Plat Processing Chronology, Page 2
• APRIL 10 1984
H. Carlos Smith submitted by letter Planeview Subdivision Final
Plat and street and utility construction plans for City of La
Porte approval. Letter noted plat was approved by Lomax before
consolidation and construction was started but not completed.
MAY 22, 1984
Planeview Subdivision review letter from John Joerns to L. H.
McKey. Letter noted City airport consultants recommended that the
City acquire the southeast corner to plat which lies within
~~ultimate clear zone~~ .
NOVEMBER 28, 1984
Letter from James Beck of H. Carlos Smith to Jerry Hodge
forwarding survey of proposed ultimate clear zone crossing
Planeview Subdivision.
JANUARY 16, 1985
• Letter from H. Carlos Smith to John Joerns requesting status of
clear zone property within Planeview Subdivision.
FEBRUARY 5, 1985
Letter from John Joerns to H. Carlos Smith replying to January 26
letter. Letter advised that the City was in the process of
obtaining an appraisel of the clear zone property, following
federal guidelines. Letter also offered City support in
expediting replatting the subdivision or in approving construction
outside the clear zone.
OCTOBER 18, 1985
Memo from H. Carlos Smith to John Joerns resubmitting Final Plat
and construction plans for Planeview Subdivision for City
approval.
NOVEMBER 1, 1985
Construction drawings review letter from Steve Veltkamp to H.
Carlos Smith. Letter specified several small technical changes
• and suggested substituting a T-type turnaround for a cul-de-sac on
Barbara Court.
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Planeview Plat Processing Chronology, Page 3
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NOVEMBER 1, 1985
Staff plat review memo from John Joerns to Planning and Zoning
Commission. Memo recommended conditional Final Plat approval if
power easement and streetlight requirements are satisfied,
construction specifications are approved by the City, and
construction drawings are revised per marked-up copy furnished the
developer's engineer.
NOVEMBER 7, 1985
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Planning and Zoning Commission considered Final Plat of Planeview
Subdivision and voted to table action until December meeting.
Copies of plat were not available, developer was not represented,
and certain legal and other questions raised regarding the
Subdivision could not be answered without further staff research.
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