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Home My WebLink About12-19-1991 Regular Meeting of the Planning and Zoning Commission~ ~ MINUTES • PLANNING & ZONING COMNIISSION MEETING DECEMBER 19, 1991 Members Present: Commissioners Wayne Anderson, Eugene Edmonds, Paul Schaider, Betty Waters, Doug Martin Members Absent: Chairman Inge Browder, Commissioner Lola Phillips City Staff Present: Assistant City Manager John Joerns, Assistant City Attorney John Armstrong, Chief Building Official Ervin Griffith, City Inspector Mark Lewis, Community Development Secretary Peggy Lee 1) CALL TO ORDER i Wayne Anderson conducted the meeting in the absence of Chairman Browder. The meeting was called to order by Wayne Anderson at 6:00 PM. 2) APPROVE MINUTES OF THE NOVEMBER Z1, 1991 PUBLIC HEARING AND REGULAR MEETING A motion was made by Betty Waters and seconded by Eugene Edmonds to approve the minutes as submitted. All were in favor and the motion passed. Doug Martin abstained from voting due to his absence from the previous meeting. 3) CONSIDER BAY GREEN COLONY SUBDIVISION PLAT A. CONSIDER VARIANCE TO ALLOW RECONFIGURATION OF SUBDIVISION ENTRANCE ROAD Mr. Joerns described the requested variance for reconfiguration of the subdivision entrance. After discussion, the Commission approved a variance to allow the entrance road to be located as illustrated on the attached proposed plat identified as Exhibit A. • • Page 2 • Minutes of December 19, 1991 Planning & Zoning Commission B. CONSIDER APPROVAL OF SUBDIVISION PLAT Mr. Joerns and Mr. Armstrong discussed the ongoing review of proposed subdivision covenants and the need for a variance from the Zoning Board of Adjustments to cover driveway configurations. Mr. Armstrong stated that while problems with the proposed covenants had been resolved in principle, constraints of time and distance prevented the applicants from submitting fully corrected documents prior to the meeting date. It was also noted that the earliest date in which the Board of Adjustment could consider the driveway variance request would be January 23, 1992. Mr. Joerns stated that final plat approval could not be granted until such time as the variance request has been granted by the Board of Adjustment and amended covenants submitted to the City. A motion was made by Eugene Edmonds to table this item until such time that staff requests further action. The motion was seconded by Paul Schaider. All were in favor and the motion passed. 4) STAFF REPORT REGARDING CONDITIONAL APPROVAL GRANTED TO LOUISIANA CHEMICAL ON NOVEMBER 21, 1991 Mr. Joerns addressed the Commission regarding the conditional approval the Planning & Zoning Commission granted Louisiana Chemical Company (LCC) on November 21, 1991. Subsequent to this approval, Mr. Joerns met with the State Department of Highways and Public Transportation (SDHPT) to obtain further information regarding their plans for future construction to SH 225 and the effects this construction may have on our F101 Watershed Plan. Due to the drainage plans the SDHPT has for SH 225, LCC will be unable to meet the conditions as specified in the conditional approval previously granted. Mr. Joerns stated that the proposed expansion could not proceed until such time as LCC submits an amended development plan for the Commission's consideration. • Page 3 • Minute of December 19, 1991 Planning & Zoning Commission • 5) DISCUSS ZONING REGULATIONS REGARDING BED AND BREAKFAST INNS Wayne Anderson stated that prior to this meeting he had spoken with Chairman Browder and she reminded him that City Council had requested that all members of the Planning & Zoning Commission be present when staff presented the information regarding Bed & Breakfast. Mr. Joerns stated that this issue was not of immediate urgency but felt that staff should begin preparations to gather additional information on the subject for presentation at a later date. BREAK - 6:50 PM RECONVENE - 7:00 PM 6) CALL PUBLIC HEARING TO ORDER 7:00 PM ,~ The Public Hearing was called to order by Wayne Anderson at 7:05 PM. • CONSIDER A REPEAT OF LOTS 111; 112 AND 113 OF BLOCK 7; SPENWICK Mr. Joerns outlined the request for the replat and the action required from the Commission. Mark Lewis stated that 119 letters giving notification of the replat request were mailed to adjacent property owners. Nine (9) were returned undelivered and the two (2) responses returned were in favor of granting the requested replat. A. PROPONENTS B. Don Skelton, representing Ms. Adell Collette (the owner of the property being considered for replat), addressed the Commission. Mr. Skelton stated than an easement runs through the middle of the property, making it unsuitable to build on, therefore Ms. Collette is requesting that the City abandon the easement. Ms. Collette is willing to provide another easement at the most southerly, easterly edge of Lot 113. B. OPPONENTS No opposition was received. • Page 4 • Minutes of December 19, 1991 Planning & Zoning Commission 7) CLOSE PUBLIC HEARING Wayne Anderson closed the Public Hearing at 7:08 PM. 8) CONSIDER APPROVING REPEAT OF LOTS 111; 112; AND 113 OF BLOCK 7; SPENWICK PLACE, SECTION I. Eugene Edmonds made a motion to approve the replat of Lots 111; 112; and 113 of Block 7; Spenwick Place, Section I. The motion was seconded by Paul Schaider. All were in favor and the motion passed. 9) ADJOURN A motion to adjourn was made by Betty Waters and was seconded by Paul Schaider. All were in favor and the motion passed. The meeting adjourned at 7:10 PM. The next meeting will be January 16, 1992. Respectfully Submitted, U --~ G~~ Peggy Community Development Secretary Approved this 16th day of January, 1992 Inge Bro er Planning & Zoning Commission Chairman • r ~ • BED AND BREAKFAST INNS • • STAFF REPORT BED AND BREAKFAST City Council at its December 9, 1991 meeting, approved a motion directing the Planning and Zoning Commission to reconsider the matter of permitting Bed and Breakfast Inns. This issue was discussed and acted on by both the Planning and Zoning Commission and City Council as part of the 1989/1990 annual Zoning Ordinance review. The recommendation of the Commission to Council regarding this matter was as follows: I. Define and establish operating parameters of Bed and Breakfast Inns (B&B). (Section 3-100). II. Permit B&B as a Conditional Use in R-1 and R-2 Zones and a Permitted Use in R-3 Zones. (Sec 5- 600). III. ~~ Establish Special Use Performance Standards for B&B. {Section 10-609). IV. Establish Parking Requirements for B&B. (Sec 10- 609). City Council rejected the Commission's recommendation to allow Bed and Breakfast Inns as a Conditional Use in R-1 and R-2 Zones.. It did however approve all other components of the Commission's recommendation. The Council is now asking the Commission to research and prepare a new recommendation regarding the feasibility of permitting Bed and Breakfast Inns within R-1 and R-2 Zones. After discussing this matter, should the Commission wish to recommend amending existing ordinance regulations regarding Bed and Breakfast's, it will be necessary to schedule a formal public hearing for consideration of the matter. Staff is ready to provide any information and also any assistance the Commission requires during the course of this project. • • • 1-- - -- - -- -- -- -- ^ r~TH bHV,wvnr I I.. . • i ~t!?Y! :: i ~ ? i'y tI . 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At the December 19, 1991 meeting of the Planning & Zoning Commission, three (3) items remained unresolved to complete final approval of the plat for Bay Green Colony Subdivision. They were as follows: * A variance for the revisions made at the entrance of the subdivision off Broadway. At the December 19, 1991 meeting of the Planning & Zoning Commission, the variance was approved for the revisions made to the entrance of the subdivision off Broadway. _ * A variance from the La Porte Board of Adjustments for the proposed common drive locations. 'i The developer is scheduled to appear before the La Porte Board of • Adjustments on January 23, 1992. * Staff review and approval of the subdivision covenants and deed restrictions. The City of La Porte has reviewed the subdivision's covenants and deed restrictions. The developer was notified of necessary revisions based on our review (see letter dated January 3, 1992, attached). The developer has made corrections and resubmitted the revised document. When considering final plat approval the Planning & Zoning Commission may, per the Development Ordinance No. 1444 within thirty (30) calendar days of the filing date, take one of the following actions: 1) A~orove the Final Plat as filed; 2) Disapprove the Final Plat as filed, provided the reasons for such disapproval are stated in writing and a copy of the statements is signed by the Chairman of the Planning Commission. Commission action shall be noted on three (3) copies of the Final Plat, which shall be distributed to the developer, Department, and • official files of the Commission. • • Page 2 of 2 Staff Report 1 /10/92 Bay Green Colony Final Plats: Effect of Approval 1) Aogroval of a Final Plat as filed and all accompanying documentation by the Commission, together with approval of Public Improvement Construction Documents by the Director shall result in issuance of a Development Authorization by the Department which permits the developer to begin construction of subdivision improvements. 2) Disapproval of a Final Plat requires filing of a new Final Plat. Final Plats: Recordation and Construction of Public Improvements A Final Plat shall not be recorded until executed by the Director and by the Commission. Before the Final Plat -is executed, the developer shall follow the procedure provided for in Section 4.04, and construct the proposed improvements according to the approved plans and specifications. In the event the developer or owner fails to commence construction of such improvements within one year of Development Authorization, approval of the Final Plat shall terminate upon written • notice from the Commission to the developer or owner. The developer or owner may request in writing a one year extension specifying the reasons why construction has not commenced. The Planning Commission shall not sign and deliver a copy of the plat to be recorded, nor shall such Final Plat be recorded, if such proposed improvements are not completed within two years of commencement of construction, and approved by the Director of Community Development. In the event the developer or owner fails to complete construction of such improvements with two years of commencement of construction, approval of the Final Plat shall terminate upon written notice from the Commission to the developer or owner. The developer or owner may request a one year extension in writing from the Director specifying the reasons why construction has not been completed. The Final Plat shall not be recorded unless the deed restrictions called for herein are recorded simultaneously with the recordation of the Final Plat. C • • ~ O~ January 3, 1992 Mr. Fred Westergren PO Box 610 La Porte, TX 77572-0610 • ~i~y of L~. ~o~~~ Esrccbdish~d 189? Re: Baygreen Colony Subdivision Proposed Covenants and Restrictions Dear Mr. Westergren, At-their December 18, 1991 meeting the Planning and Zoning Commission considered approval of the final plat for Baygreen Colony Subdivision. The item was tabled by the Commission because the proposed covenants and restrictions still had a few inconsistencies and minor language revisions that needed attention. In taking their action the Commission recognized that the developer still needed to apply to the Zoning Board of Adjustment for a variance allowing the proposed common drive locations. Since this application has not been filed there would be no additional time lost for the developer if the item were considered at their next regular meeting. A list of items needing further attention is attached. If these items are sufficiently addressed and received by January 10, 1992 the Commission could consider final plat approval at their January 16, 1992 regular meeting. Also included is an excerpt from the Commission's December 18th agenda which explains the effect of the final plat approval. Upon notification of final plat approval you will be informed of the steps necessary to authorize construction. One of those steps will be the delivery of an executed plat and declaration of covenants and restrictions which the Commission holds until all improvements are completed. For-you convenience a Zoning Board of Adjustment variance request is enclosed. This application and fee needs to be completed and submitted. Once it is received the City will initiate the required Public Hearing Notice and schedule a Board of Adjustments Meeting to consider the variance. Sin ohn Jo s Assistant City Manager xc: Edward Noonan, Edward Noonan & Associates Ltd. P.O. 5c~x 111 La Purte, Tzsa~ "r i 7 r'_-1 1 1 ~ (713) 411-~~~ZQ Att~ment to January 3, 1992 Letter Re:Baygreen Colony Subdivision Proposed Covenants and Restrictions • Note: Page numbers refer to page number on Fax Transmittal to Askins and Armstrong on 12/18/91. 1. Page 2 - Titie Comment: Name of subdivision is inconsistent with plat. Suggestion: BAYGREEN COLONY 2. Page 3 - Article 1 DefinitionsJ(fl Common Proaerties Comment: The definition does not include the lots upon which the common facilities i.e. private streets and drives will be constructed (see paragraph g). Suggestion: "... indicated as compensating open space or reserved, including the lot area occupied by and designated as private streets or private drives together with such other property..." 3. Page 4 - .Section 6. Emeraencv and Service Vehicles Comment: This language and the plats language is being reviewed by the • City's insurance carrier. If their comments are not received prior to the Planning and Zoning Commission Meeting, the approval can be subject to comments/changes requested by the insurance carrier. 4. Page 4 - Article III /Section 1. Authoritv to Manage Comment: On second line Bay Green is two words here; other locations and on plat Baygreen is one word. Suggestion: Baygreen 5. Page 11 - Article VI/Section 2. Water Service and Sanitary Sewer Service Comment: The references to maintenance at the point where the pipe penetrates the property line of each lot is out of sync with both the plat and City policy. Suggestion: Water and sewer service to the property shall be provided by the City of La Porte, Texas, by way of water and sewer mains to be owned, operated, maintained and repaired according to prevailing policies and regulations of the City. • Then add sentences describing whatever relationship the Association and lot owners will have. 6. Page 13 -Article IX~ction I. Residential Use • Suggestion: Add at end of paragraph ..."No lot shall be used or occupied in any manner inconsistent with the Zoning Ordinance, the Development Ordinance, or any other applicable ordinance of the City of La Porte, provided that if any provisions of this Declaration ot" Covenants and Restrictions are either more or less restrictive than comparable conditions imposed by any such ordinance of the City of La Porte, the ordinance requirement, declaration, covenant, or restriction which imposes the more restrictive condition, standard, or requirement shall prevail and be enforced by the Association. 7. Page 13 - Article IX/Section 3. Site Development Suggestion: In first sentence substitute "subject to" for "within". Add at end of paragraph: "1n addition to the building setbacks as shown on the plat the following shall apply." The paragraph would now read: "Baygreen Colony has a defined building area zone that is subject to the required City of La Porte building set backs. The Baygreen Colony building area zone is to provide maximum exposure and view of the bay from each house. In addition to the building setbacks as shown on the plat the following building area zones shall apply." 8. Page 14 - Article IX/Section 3. Site Development (a) 7. Comment: Last sentence "Paragraph B". Should be "Paragraph b". 9. Page 16 - Article IX Buildino and Use Restrictions Comment: The previous set of covenants and declarations had a Section 10 Parking Areas. This section has been deleted because there were no "Common Properties designated for parking of vehicles". However, there needs to be language prohibiting parking along the private drive(s) to be consistent with presentation to and variances granted by the Planning and Zoning Commission. Suggestion: Add: Section 10. No Parking There shall be no parking of vehicles along the private drive designated on the Plat as Colony Drive (private) and the extension of Crescent Drive. • Note: The remaining numbers will then need re-numbering. ! • 10. Page 17 - Article X General Provisions Add: Section 3 Limitations of Liability for use of Easements and Common • Properties Notwithstanding any other provision herein to the contrary, neither Declarant, nor any utility company, nor the City of La Porte using any utility easements shown on the Subdivision Plat, or any Common Properties shown on the Subdivision Plat, or that may otherwise be granted or conveyed covering the Common Properties, Common Facilities, or the lots (as the case may be), or any portion thereof, shall be liable for any damages done by them or their assigns, agents, employees, or servants to fences, shrubbery, trees, flowers, the street, storm sewer systems, private drives, or any other improvement on property of the Declarant, Association, or Owner situated on the land covered by any such easements or rights-of- way. Note: The remaining numbers will then need re-numbering. BAYGREEN C 0 LON Y STAFF REPORT 12/11/91 BAY GREEN COLONY SUBDIVISION Item No. III on the agenda is to consider final plat approval for Bay Green Colony Subdivision. The following outlines the status of the subdivision to date. * 2/21/91 * 3/6/91 * 9/6/91 * 12/3/91 Planning & Zoning Commission granted conditional approval of the preliminary plat, requiring the submission of an amended preliminary plat and additional documentation specified by the Commission (letter attached). Developer notified of conditional approval and requirements necessary for resubmittal. Developer submitted revised plat, construction plans/specifications for staff review. Staff letter to Developer based on review of submittals yielding three (3) items remaining to be resolved (letter attached). 1) Submission and approval by the City of the Subdivision Deed Restrictions and applicable covenants. These items are currently being reviewed. 2) Omit "the Laws of the State of Texas" in the Planning & Zoning certificate on the plat. 3) The Planning & Zoning Commission may consider a variance for the revisions made at the entrance of the subdivision off Broadway. Staff has evaluated the omission of a 50' tangent between curve # 1 and curve #2 and offer no particular objection to leaving it out. Please note that the developer must submit a written request to the Planning & Zoning Commission stating the reason for the variance. The request must cite the specific rule, policy or standard contained in the Development Ordinance from which a variance is desired. Page 2 of 3 Staff Report 12/11/91 Bay Green Colony * 12/91 Developer response to 12/3/91 letter; submittal of Deed Restrictions and applicable covenants 12/9/91, plat and plans/specifications: also attached letter requesting variance approval for change made at the entrance to the subdivision. Staff reviewed submittals of the following: * 12/10/91 * Plat, construction plans and specifications * Variance request (see attached letter dated 12-6-91) * Covenants and restrictions After review, staff offers the following information: * Staff offers no particular objection to the variance request dated December 6, 1991. * The Developer still needs to obtain a variance from the La Porte Board of Adjustments for the proposed common drive locations. (See letter dated 3-6-91) * A review of the covenants and restrictions revealed areas of conflict with both the subdivision plat and City Ordinances. We will visit with the Developer as soon as possible to discuss and resolve these issues. When considering final plat approval the Planning & Zoning Commission may, per the Development Ordinance No. 1444 within thirty (30) calendar days of the filing date, take one of the following actions: 1) Approve the Final Plat as filed; 2) Disapprove the Final Plat as filed, provided the reasons for such disapproval are stated in writing and a copy of the statements is signed by the Chairman of the Planning Commission. Commission action shall be noted on three (3) copies of the Final Plat, which shall be distributed to the developer, Department, and official files of the Commission. Page 3 of 3 Staff Report 12/11/91 Bay Green Colony Final Plats: Effect of Approval 1) Approval of a Final Plat as filed and all accompanying documentation by the Commission, together with approval of Public Improvement Construction Documents by the Director shall result in issuance of a Development Authorization by the Department which permits the developer to begin construction of subdivision improvements. 2) Disapproval of a Final Plat requires filing of a new Final Plat. Final Plats: Recordation and Construction of Public Improvements A Final Plat shall not be recorded until executed by the Director and by the Commission. Before the Final Plat is executed, the developer shall follow the procedure provided for in Section 4.04, and construct the proposed improvements according to the approved plans and specifications. In the event the developer or owner fails to commence construction of such improvements within one year of Development Authorization, approval of the Final Plat shall terminate upon written notice from the Commission to the developer or owner. The developer or owner may request in writing a one year extension specifying the reasons why construction has not commenced. The Planning Commission shall not sign and deliver a copy of the plat to be recorded, nor shall such Final Plat be recorded, if such proposed improvements are not completed within two years of commencement of construction, and approved by the Director of Community Development. In the event the developer or owner fails to complete construction of such improvements with two years of commencement of construction, approval of the Final Plat shall terminate upon written notice from the Commission to the developer or owner. The developer or owner may request a one year extension in writing from the Director specifying the reasons why construction has not been completed. The Final Plat shall not be recorded unless the deed restrictions called for herein are recorded simultaneously with the recordation of the Final Plat. STIVER ENGINEERING. INC. RECEI VED DEe 09 1991 CODE ENfORCEMENt ISEII December 6, 1991 Planning and Zoning commission City of La Porte P.O. Box 115 La Porte, Texas 77572 RE: Baygreen Colony Subdivision variance Request Dear Madam or Sir: We request a variance concerning the omission of a 50-foot tangent between curb no. 1 and curb no. 2 in the entrance roadway, a private drive, through the subdivision. The reason for the request for variance is because of the limited area available on the site needed to achieve the desired degree of privacy for the subdivision. The elimination of the 50-foot requirement between the reverse curves allows the development to utilize the reverse curve to obstruct one's view from Broadway through the subdivision. The specific rule within your standards is noted on Page 39 under Paragraph 5.01, Table 5-2, "La Porte Street System Horizontal Geometric Design Standard". The specific rule within the table refers to "tangent between reverse curves" and a requirement of 50 feet for local streets. Based on correspondence and discussions with your staff, we understand that the City has no objections to this. Attached is a copy of our proposed subdivision plat for your review. Please advise if you have any questions. Otherwise, please place our request in line for consideration at your earliest possible convenience. MES:ell 2684-8947 fr~UIY 9~~ Maury E~iver, P.E. cc: Mr. Fred Westergren Mr. Ed Noonan 130&A PEDEN STREET · HOUSTON, TEXAS 77006 . 713-526-3478 CITY OF LA PORlillE PHONE (713) 471 -5020 . P. O. Box 1 1 15 . LA PORTE. TEXAS 77572 December 3, 1991 Mr. Fred Westergren 431 South 3rd La Porte, Texas 77571 Re: BayGreer:l Colony Subdivision - Dear Mr. Westergren, This letter is to confirm previous conversations with you regarding the status of BayGreen Colony Subdivision. The subdivision's preliminary plat received the Planning & Zoning Commission's conditional approval on 2/21/91. A letter dated 3/8/91 summarizing their action is enclosed. The revised plat and construction drawings were submitted on September 6, 1991. A review of the City's file and those submittals yield the following items which need to be resolved prior to the Planning & Zoning Commission's consideration of final plat approval. 1) Submission and approval by the City of the Subdivision Deed Restrictions and applicable covenants. These items were received this afternoon and are currently being reviewed. 2) Omit "the Laws of the State of Texas" in the Planning & Zoning certificate on the plat. 3) The Planning & Zoning Commission must grant a variance for the revisions made at the entrance of the subdivision off Broadway. Staff has evaluated the omission of a 50' tangent between curve #1 and curve #2 and offer no particular objection to leaving it out. Please note that the developer must submit a written request to the Planning & Zoning Commission stating the reason for the variance. The request must cite the specific rule, policy or standard contained in the Development Ordinance from which a variance is desired. Please recall that all items and supporting material for Planning & Zoning agendas must be received two (2) weeks prior to their regular scheduled meeting. This will allow time for review and preparation of agenda packages. Once these items are received along with any outstanding requirements made by the Planning & Zoning Commission prior to this letter, the plat will be scheduled for Planning & Zoning Commission review. The next regular scheduled meeting for the Planning & Zoning Commission is December 19, 1991. Please feel free to call if I may be of further assistance. Sincerely, ~rflt.- - r;<<. John Joerns Assistant City Manager JJ / pal attachment xc: Inge Browder, Chairman Planning & Zoning Commission Maury Stiver, Stiver Engineeri~g \ bc: Ervin Griffith, Chief Building Official Steve Gillett, Director of Public Works CITY OF LA PORTE P~ONE (713) 4.71.5020 . P. O. Box I 1 15 . l..A PORTE. TE::XAS 77572 .... . I , ,~ COpy fOR YDUR JNfnR~ATION March 6, 1991 ~@~ilW~ MAR 12 1991 ASST. CITY MANAG1=P OFF1C=: -.. Fred Westergren 431 S. 3rd Street La Porte, Texas 77572 f..;.. <Hv- RE: Preliminary Plat - 'Baygreen Colony Suhdivision Dear MI. Westergren: On February 21. 1991 the La Pone Planning and Zoning Commission reviewed the Preliminary Plat and related submissions for the proposed Baygreen Colony Subdivision. At that meeting, the Planning and Zoning Commission took the following action: L Tne Commission approved the following variances as requested by the applicant or as identified in the staff repon: 1. A private drive having a paving \l/idth of twenty five (25) feet. 2. A dead end private drive utilizi.ng a T-turn out instead of a cul-de-sac. 3. A private drive \l/ithout curb and gutter. 4. Side lot lines not perpendicular or radial to the private drive. IT. The commic;sion also recognized and/or approved the applicants request to incorporate the following feamres into the proposed subdivision: 1. Sidewalks extending through the subdivision to be constructed as part of the private drive. Five (5) feet of the twenty five (25) foot paved section is to receive a separate texture and surface treatment to delineate a sidewalk. 2. Each of the twenty (20) lots include a portion of the private drive in order to achieve the 6,000 square foot minimum lot size. Fred Westergren March 6, 1991 Page 2 of 3 ill. At the February 21 meeting, the applicants also clarified or committed to the following issues, which were addressed in the staff report: 1. Issues pertaining to the final plat. A 1\11 electrical power through the proposed subdivision would be underground and not overhead. B. Gates, as originally contemplated are not proposed at this rime. The proposed private drive will be open to provide full circulation for the necessary City services. C. No accessary space or areas for the storage of boats and motor homes will be provided. D. Providing a permanent control monument for the subdi~sion and showing the approved location on the final plat. E. Submission for review of the street lighting plans for the subdivision and acknowledged that the proposed low level light system would be owned, maintained and operated by the Homeowners Association. F. Water and sewer lines would be moved to a location outside the paving limits of the proposed private drive and provide adequate separation between any structure and the proposed water and sewer lines. The separation would be accomplished by altering the front building lines or providing a statement on the final plat and incorporating the statement into the covenants to msure adequate separation. G. Remaining items listed in Exhl'bit A, except for Nos. 3, 9 & 10, which are referenced above should be addressed. The plat referenced by Exhibit A is identified as Exln'bit B and also is attached. 2. Issues pertaining to the construction drawings. A Submission and approval of construction specifications for the proposed private drive, storm drainage, water and sewer improvements. Fred Westergren March 6, 1991 Page 3 of 3 B. Obtain a permit from the State Department of Highways and Public Transportation for the installation of water and sewer lines within the right of way of Broadway and for the private drive entrance and culvert installation. IV. The Commission requested the applicant either submit or resubmit the following items which amend or ~ certain issues. 1. Submit the propos~enants of Baygreen Colony Homeowners Association. The co.~ts should incorporate or address the issues addressed in staff's review of the proposed development guidelines attached as Exhibit C & D. The covenants should be submitted two (2) weeks before any anticipated Planning & ZDning Commission action.: 2. Obtain a variance from the La Porte Board of Adjustment for the proposed common drive locations. \ After presentation by the applicant and review of the staff report, the Commission conditionally approved the preliminary plat of Baygreen Colony Subdivision subject to the variance~ special considerations, clarifications, etc. which have been defined and detailed in this letter. Conditional approval requires submission of an amended prelimin:ny plat and additional documentation as specified by the Planning Commission for final approval. The subdivider has one (1) year from February 2L 1991, to file a Final Plat or request, in writing, a one (1) year extension. Sincerely ~~~ Mrs. Inge Browder, Chairman Planning & Zoning Commission IE/neb Attachments: Exhibit A - Review of (preIim;n~ry) Plat and Related Materials Baygreen Colony Subdivision Per Terms of Develooment Ordinance) Exhibit B - Proposed final plat . ExhIbit C - Review of proposed development guidelines ExhIbit D - Proposed development guidelines r: • ST'AF'F REPORT'S r~ • • S T A F F R E P O R T January 9, 1992 RE: City Council Action Regarding Front Yard Carports City Council, .on December 9, 1991 approved the amendments proposed as part of the 1991 Annual Zoning Review. These amendments included the provisions to allow construction of residential front yard carports. After approving the amendments, Council directed the City Attorney's office to prepare a report regarding possible options to allow the City to assist deed restricted neighborhoods in abating covenant restrictions resulting from unauthorized construction of front yard carports. This report will be presented to Council on January 13, 1992. Staff will update the Commission regarding any Council actions or direction (relating to carports) taken at the January 13 meeting. I .7 C7 ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW KNOX W. ASKINS JOHN D. ARMSTRONG 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 January 10, 1992 TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 Honorable Mayor and Council City of La Porte P.O. Box 1115 La Porte, Texas 77572-11L5 RE: City of La Porte enforcement of private deed restrictions relating to carports Dear Honorable Mayor and Council: Upon passage of Ordinance 1501-N on December 9, 1991, The City Council requested that the City Attorney review the City of La Porte's ability to enforce private deed covenants and restrictions that prohibit the location of carports in areas now allowed under City of La Porte zoning regulations. At the December 9, 1991 meeting of the Council at which Ordinance 1501-N was considered, I represented to the Council that the City of La Porte is not empowered under state law to enjoin or otherwise utilize private civil remedies to prohibit the construction of carports that are permitted by the City of La Porte's Zoning Ordinance, but yet prohibited by the existence of private deed restrictions or building set-back lines. continued research into the issue further substantiates the above view. The Legislature of the state of Texas, in Vernon's Texas Codes Annotated, Local Government Code Chapter 230, discusses municipal enforcement of deed restrictions. section 230.001 of the Local Government Code specifically indicates that only municipalities that do not have zoning ordinances are allowed to sue in a court of competent jurisdiction to enjoin or abate a violation contained or incorporated by reference in a properly recorded plan, plat, or other instrument that effects a subdivision located inside the boundaries of the municipality. Chapter 230 also requires that in order to maintain such a suit, the municipality must pass an ordinance allowing it to uniformly apply and enforce deed restrictions, but does not allow municipalities that have zoning ordinances to pass such an ordinance. Thus, enforcement of deed restrictions by the City of La Porte is not allowed by the State Legislature. The City's Zoning Ordinance, Ordinance No. 1501, provides in part that whenever a private covenant or restriction conflicts with the terms of the Zoning Ordinance, that the most restrictive requirement shall prevail. This is a standard zoning ordinance provision that is January 10, 1992 Page -2- well recognized in Texas courts as being appropriate. However, numerous court cases also recognize that the reason for the existence of this provision is to provide clear ordinance recognition by the city of La Porte of the existence of private covenants and restrictions, and clearly demonstrate the intent of the city not to interfere-with private contract rights. Indeed, section 11-700 of the Zoning Ordinance which is the enforcement provision, does not allow the city of La Porte to invoke civil remedies to enforce non-ordinance private covenants and restrictions. The city is only empowered under section 11-700 to exercise and invoke civil remedies to prohibit construction, alteration, repair, etc. of structures in violation of the terms of the zoning Ordinance. The recognition of the Zoning Ordinance in section 1- 400 of the existence and prevalence of private covenants and restrictions that are more restrictive than the Zoning Ordinance does not per se make these provisions a part of the Zoning Ordinance, and subject to City of La Porte enforcement. Only the city Council of the City of La Porte, pursuant to due recommendation from the City's Planning and Zoning Commission, can establish Zoning Ordinance provisions that are binding and invoke the governmental authority of the City to enforce their terms. Any amendments to current carport regulations would have to be achieved through zoning Ordinance amendments. Further study on the subject, shall be directed to the Planning and Zoning Commission for its recommendation to City Council. The Planning & Zoning commission will receive this letter, together with Staff's report, at their currently scheduled meeting of January 16, 1992,' at 6:00 P.M. JDA/rf xc: Mr. Bob Herrera Mr. Knox Askins Mr. John Joerns Planning & Zoning commission of the City of La Porte ... - "-" ( -6- ARTICLE THREE: DEFINITIONS Section 3 - 100 Definitions For the purpose of this Ordinance, certain terms and vords are hereby derined; terms not defined herein shall be construed in accordance vith. adopted building codes or their customary usage and meaning. Abuttina: objects in Having property or district lines immediate contact. in common, or two ( 2 ) Access: Means or approaching or entering a of passage to and from an adjacent street. property', includes a y;nht - - ::J~. - Accessory Use or Buildina: An "accessory use or building" is one customarily a part thereof, which is clearly incidental and secondary to permitted use and which does not change the character thereof, including but not limited to garages, carports, bathhouses, greenhouses, tool sheds, or svimming pools. Accessory structure: A detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located in the same lots as that or the principal structure or use. Alley: A public vay which, when at least twenty feet (20') in width, may be used for vehicular service access to the back or side of properties otherwise abutting on a street or highway. Aoartment: See dwelling - multi-family. ~i:;;1~\,Jfi~~~~'I_;t'i;,1'Q$ A building, the primary use of which is a single family residence, in which sleeping rooms are available for overnight rental, subject to the following restrictions. 1. 2 . 3 . 4 . Bed & Breakfast Inns shall be operated by resident homeowners. No more than three (3) rental rooms shall be provided. Rooms shall be let by reservation only. Bed & Breakfast Inns shall conform to the requirements of Section 5-800. Parking shall be provided in accordance with the requirements of Section 10-609. Ii 5. Board or Adiustment: The Zoning Board of Adjustment of the City of La Porte. ( Boardinq House: purposes, where compensation. A building, built and/or used for meals for five (5) or more persons are residential served for Buildable Area: Area of the building site left to be built upon after the required yard area has been provided. -26- adjacent residential properties, access for vehicular traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential develop- ment to public facilities, places of employment, and facilities for meeting commercial and service needs not met within the manufactured housing community. 5 - 502 Permitted, Accessory, and Special Conditional Uses Refer to Table A - Residential s - 50'1 DensitY/Intensitv Regulations Refer to Table B - Residential 5 - 504 Special Regulations Refer to Artic'lle 10 5 - 505 other Regulations Refer to City of La Porte Development Ordinance, and the City of La Porte Mobile Home Park Ordinance. 5 - 600 Table A Residential. P (ABC) - Permitted uses (subject to designated criteria established in Sections 5-800). P Permitted uses A Accessory Uses (subject to requirements of Section 10-300) C Conditional Uses (subject to requirements of Section 10-200 and designated criteria established in Section 5-800 as determined by the Commission) * Not allowed l -27- ( USES (SIC CODE #) ZONES R-l R~2 Agricultural. Production - (011-019 Crops) P Agricultural Production - (027 Animal Specialties - Breeding or Sale) C * Breeding Kennels, Private Stock, Limited to dogs & cats, large lot residential A Domestic Livestock - Large Lot A Single Family D~elling, Detached P Single Family D~elling, Special Lot * Single Family\ D~ellings, Zero Lot Line (patio homes, etc.) * T~o Family D~ellings, Duplexes * (double bungalo~s) To~nhouses * Conversion of Single Family D~elling to no more than 2 Unit Multi-Family D~ellings * 3-4 Unit Multi-Family D~ellings * Multi-Family (over 4 units) * Modular Housing P On a permanent foundation system as defined in Sect. 3-100 Manufactured Housing Subdivisions restricted * to H.U.D. certified Mobile Homes; min. ~idth 20', min. shingled roof pitch 3:12, permanent foundation system; siding similar to surrounding residential l Manufactured Housing Subdivisions (Restricted to H.U.D. certified mobile homes on permanent foundation systems) * Manufactured Housing Parks * Manufactured Housing * P * * p. A A P P P P P P P * P P P C * * * P P * * * A A A A p p P p P * p * P * P * P * * P C p * P * P(F,D) * P ( c -35- 14. Density intensity regulations in compliance with Table B Residential. 15. Compliance with the required number of off-street parking spaces. 16. All private streets shall be a minimum of twenty-eight feet (28') wide and constructed in accordance with the Public Improvements Criteria Manual. The layout of such private streets shall be subject to approval by the Fire Chief, to ensure adequate emergency access. 17. All Manufactured Housing shall have a minimum frontage of twenty feet (20') on public or private streets. G. Densitv Bonus A maximum of ten percent (10%) reduction in square feet of site area per unlt for residential developments of twenty (20) units or more shall be permitted as a con~itional use based upon the following bonus features and square foot reduction: Bonus Feature Sauare Foot Reduction Per Unit , .... . Major outdoor recreational facilities such as swimming pools, tennis courts or similar facilities requiring a sub- stantial investment. 250 Square Feet 2. Designation of developed open space for semi-public use adjacent to designated public greenway corridors equal to an additional 100 square feet per unit. 100 Square Feet 3. All required developed open space must be operated and maintained by a homeowners association, subject to the conditions established in Section 10-102 of this Ordinance, with all documentation required to be submitted for filing in conjunction with the final plat. 4. The density bonus shall only be permitted per designated open space or major outdoor recreational facilities in excess of the requirements established in Section 12.00 et seq. of the Development Ordinance of the City of La Porte, including the credit given in Section 12.02 for land dedicated by a developer within a development or subdivision for compensating open space on an acre per acre basis. Bed &: Br~akfa~t. Inns (as defined in Secticl'n3...100) 1. Bed &: Breakfast Inns shall be operated in accordance with the home occupation requirements of Section 3-100. 2. Additional required parking shall not be provided in any required front or side yard. -85- REQUIRED U~ES (SIC CODE FOR EACH 4 Minimum, Plus Gasoline service stations (554) automotive repair, services & garages 2 Service Stall Eating & drinking establishment (581) 10 1,000 s.L Be(:t &',Br.ea~fa$'t". Inns 2 t:1~n!w.tJm,'P~ 1 Each.R~nt~l"Room * These numbers are the minimum required regardless of building or use size. ( -6- ( ARTICLE THREE: DEFINITIONS Section 3 - 100 Definitions For the purpose of this Ordinance, certain terms and words are hereby defined; terms not defined herein shall be construed in accordance with. adopted building codes or their customary usage and meaning. .?.butt i no: objects in Having property or district lines immediate contact: in common, or t.w'o (2 ) Access: Means of approaching or entering a of passage to and from an adjacent street. prcpert:l, includes a .,...;nnr - - ::l..- Accessorv Use or Buildino: An "accessory use or building". is one customarily a part thereof, which is clearly incidental and secondary t6 permitted use and which does not change the character thereof, including. but not limited to garages, carports, bathhouses, greenhouses, tool sheds, or swimming pools. - I ( Accessorv Structure: A detached, subordinate structure, the use of which is clearly incidental land related to that of the principal structure or use of the land, and which is located in the same lots as that of the principal structure or use. Alley: A public way which, when at least twenty feet (20') in width, may De used for vehicular service access to the back or side of properties otherwise abutting on a street or highway. Aoartment: See dwelling - , .L.. 1: . ., mU..LL.l-J..aml..LY. Bed & Breakfast Inn: A building, the primary use of which is a single family residence, in which sleeping rooms are available for overnight rental, subject to the following restrictions. 1. Bed & Breakfast Inns shall be operated by resident homeowners. 2. No more than three (3) rental rooms shall be provided. 3. Rooms shall be let by reservation only. 4. Bed & Breakfast Inns shall conform to the requirements of Section 5-800. 5. Parking shall be provided in accordance with the requirements of Section 10-609. Board of Adlustment: The Zoning Board of Adjustment of the City of La Porte. l Boardino House: purposes, where compensation. A building, meals for five built and/or used for (5) or more persons are residential served for Buildable Area: Area of the building site left to be built upon after the required yard area has been provided. -26- ( adjacent residential properties, access for vehicu~ar traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential develop- ment to public facilities, places of employment, and facilities for meeting commercial and service needs not met within the manufactured housing community. '5 - 502 Permitted, Accessory, and Special Conditional Uses Refer to Table A - Residential 5 - 503 DensitY/Intensity Regulations Refer to Table B - Residential 5 - 504 Special Regulations Refer to Art ic;l e 10 5 - 505 Other Regulations Refer to City of La Porte Development Ordinance, and the City of La Porte Mobile Home Park Ordinance. 5 - 600 P (ABC) - P A C * Table A Residential. Permitted uses (subject to designated criteria established in Sections 5-800). Permitted uses Accessory Uses (subject to requirements of Section 10-300) Conditional Uses (subject to requirements of Section 10-200 and designated criteria established in Section 5-800 as determined by the Commission) Not allowed l -27- ( USES (SIC CODE ~) R-l Agricultural. Production - (011-019 Crops) Agricultural Production - (027 Animal Specialties - Breeding or Sale) Bed & Breakfast Inns as defined by Section 3-100 Breeding Kennels, Private Stock, Limited to dogs & cats, large lot residential Domestic Livestock - Large Lot Single Family D~elling, Detached Single Family D~elling, Special Lot Singl~ Famil~ D~ellings, Zero Lot Line (patio homes, etc.) Two Family Dwellings, Duplexes * (double bungalo~s) To~nhouses * Conversion of Single Family D~elling to no more than 2 Unit Multi-Family Dwellings * 3-4 Unit Multi-Family Dwellings * Multi-Family (over 4 units) * Modular Housing P On a permanent foundation system as defined in Sect. 3-100 Manufactured Housing Subdivisions restricted * to H.U.D. certified Mobile Homes; min. width 20', min. shingled roof pitch 3:12, permanent foundation system; siding similar to surrounding residential ( Manufactured Housing Subdivisions (Restricted to H.U.D. certified mobile homes on permanent foundation systems) Manufactured Housing Parks Manufactured Housing ZONES R-2 p P c * * * A A A A p p * p * p p P p p * P C * * * * * * R-3 MH p p * * p * A A A " n p p p ? p * p * p * p * ? * p * p p C I p * p * P(F,D) * p -35- ( 14. Density intensity regulations in compliance ~ith Table B Residential. 15. Compliance vith the required number of off-street parking spaces. 16. All private streets shall be a minimum of tventy-eight feet (28') wide and constructed in accordance with the Public Improvements Criteria Manual. The layout of such private streets shall be subject to approval by the Fire Chief, to ensure adequate emergency access. 1 ~ .... I . All Manufactured Housing shall have a minimum frontage of twenty feet (20 I) on 911b1 ic or pr i vate streets. G. Densitv Bonus A maximum of ten percent (10%) reduction in square feet of site area per unlt for residential developments of twenty (20) units or more shall be permi tted as a cond-i tiona-l use based upon the following bonus features and square f;ot reduction: - Bonus Feature Sauare Foot Reduction Per Unit , .J... Major outdoor recreational facilities such as Swimming pools, tennis courts or similar facilities requiring a sub- stantial investment. 250 Square Feet 2. Designation of developed open space for semi-public use adjacent to designated public green~ay corridors equal to an additional lOO-square feet per unit. 100 Square Feet 3. All required developed open space must be operated and maintained by a homeowners association, subject to the conditions established in Section 10-102 of this Ordinance, with all documentation required to be submitted for filing in conjunction with the final plat. 4. The density bonus shall only be permitted per designated open space or major outdoor recreational facilities in excess of the requirements established in Section 12.00 et seq. of the Development Ordinance of the City of La Porte, including the credit given in Section 12.02 for land dedicated by a developer within a development or subdivision for compensating open space on an acre per acre basis. c H. Bed & Breakfast Inns (as defined in Section 3-100) 1. Bed & Breakfast Inns shall be operated in accordance ~ith the home occupation requirements of Section 3-100. 2. Additional required parking shall not be provided in any required front or side yard. -85- ( USES (SIC CODE) NUMBER OF PARKING SPACES* REQUIRED FOR EACH 4 Minimum, Plus Gasoline service stations (554) automotive repair, services & garages 2 Service Stall Eating & drinking establishment (581) 10 1,000 s.L 2 Minimum, Plus Bed & Breakfast Inns 1 Each Rental Room * These numbers are the minimum required regardless of building or use size. ( "- STAFF REPORT: LOUISIANA CHEMICAL STAFF REPORT 12/12/91 LOUISIANA CHEMICAL Item No. IV on the agenda is to receive the following staff report on a proposed Major Development Site Plan for Louisiana Chemical, located at 10600 Highway 225. * On 11/21/91 the Planning & Zoning Commission granted conditional approval for the site plan based on staff review and a letter dated 10/31/91 (attached) from John Joerns to Carlos Smith, the firm's Engineer. The letter outlined several drainage issues that affect the development. In general, Louisiana Chemical was receptive to the proposed solutions outlined in the letter agreeing that there were several items to resolve including: * 1) HCFCD final approval of interim and ultimate conditions. 2) Planning & Zoning Commission approval. 3) Visit with SDH&PT and insure SH 225 plans don't jeopardize F101 Master Plan for entire watershed or for this area. 4) Resolution of conditions and agreement between City and Louisiana Chemical drafted by the City attorney's office. 5) Will 50 ft. be enough for future easement width? This is currently being reviewed. * H. Carlos Smith stated that Louisiana Chemical would be willing to provide a letter of commitment to grant to the City a 50 ft. easement when future need arises. However, Louisiana Chemical would like for the 50 ft. to remain private property to be utilized for required setback and requests that no public use of the 50 ft. tangent be utilized until the F101 system is completed. * Since that time staff visited with the SDH&PT and was informed of their plan to construct a drainage outfall along the western boundary of Louisiana Chemical's property (see map attached). This would involve an approximate 130 drainage easement through the site thus eliminating their proposed detention facility and interim improvements to the channel. Page 2 of 2 Staff Report 12/12/91 Louisiana Chemical * The improvements by the SDH&PT will consist of an earthen channel draining approximately 250 acres that will be restricted at its confluence with the F101 system. Essentially this will create a linear detention facility until F101 system improvements are constructed. Also construction of this channel would in essence complete one of the lateral channels which is part of the long term objectives of the F101 Watershed Plan. * As a result, the conditional approval as presented and granted to Louisiana Chemical on 11/21/91 cannot be fulfilled. * Staff has informed Louisiana Chemical's engineer of this new circumstance and is continuing to work with the State and Flood Control to hopefully achieve a satisfactory solution to allow for the development and to protect the objectives outlined in the F101 Master Watershed Plan. " - ~ CITY OF LA PORTE PHONE (713) 471-5020 . P. O. Box 1 1 15 . LA PORTE. TEXAS 77572 October 30, 1991 ~I ' n , i, . L-.....::... H. Carlos Smith Engineers and Surveyors Attn: H. Carlos Smith PO Box 529 La Porte, TX 77572-0529 RE: Louisiana Chemical Proposed Development Dear Mr. Smith, Attached is an outline I prepared regarding the drainage issues that affect the proposed Louisiana Chemical 12.5:t acre development. The outline provides some background and proposes a solution to both the immediate and long term needs of Louisiana Chemical and the City. I would like you to review the outline with your client(s) and see if they are agreeable with the proposed resolution of the drainage issues. I will also furnish this outline to HCFCD for their approval. After I receive approval from both HCFCD and your client we can proceed with setting a date for Planning and Zoning Commission consideration. As discussed previously, I am concerned about the SH 225 project. If the SDHP&T decides to discharge water into the F101 watershed we will all have a greater problem to solve. This problem should not affect the interim detention requirement of HCFCD. It may, however, have an effect on the proposed ultimate solution. If a significant amount of stormwater is discharged into F101 then it may be more difficult to abandon detention in the future. I will again visit with you once I finally determine the State's decision and it's impact on the watershed. .~ oerns istant City Manager attachments xc: Knox Askins, City Attorney Ervin Griffith, Chief Building Official Phil Hoza, Engineering Technician October 30, 1991 Outline Louisiana Chemical Stormwater Runoff Issues Background: . CLP and HCFCD through an interlocal agreement prepared and accepted a Master Drainage Plan for the F101 watershed. . CLP letter, dated July 17, 1987, to HCFCD expressed concern for future development of approximately 30:t acres of undeveloped light industrial property. . HCFCD letter, dated July 23, 1987, pointed out that objectives of the study and proposed interim improvements would not include improvements (or detailed recommendations) to undeveloped property. Note: That Louisiana Chemical's proposed 12.5:t acre tract and the 30 :t acre tract were undeveloped at time of study. . Louisiana Chemical filed a Major Development Plan to develop 25.4:t acre tract. . Approximately 13 acres have previously been developed; the plan indicates future additions of a warehouse, office and parking. The 13 acres drain to the northwest and is pumped to area between the railroad right-of-way and Old La Porte Road. . The development currently proposed is approximately 12.5:t acres. . The F101 watershed study was based on proposed interim improvements to channel F101-01-00 and eventually a lateral channel F101-06-02 constructed to the southwest corner of the Louisiana Chemical 25.4:t acre tract. . Since interim F101 improvements have not been completed direct stormwater runoff from the Louisiana Chemical site will not be allowed into the F101 system. · Therefore, HCFCD (reinforced by CLP Development Ordinance) is requiring on site detention of the runoff. The criteria is supplied by HCFCD and is: . (Information from HCFCD) · Once the F101 improvements are made up to the southwest corner of Louisiana Chemical site the detention pond is no longer necessary and may be reclaimed for other uses. · City (and HCFCD) is concerned with the ability to provide drainage for other properties into the F101 system that would otherwise be landlocked. October 30, 1991 Proposed Solotuion: The Louisiana Chemical proposed 12.5:t acre development be constructed with the detention requirement and per HCFCD requirements. Ask developer (Louisiana Chemical) to consider the 50 ft. being utilized for a channel to be available for a public stormwater drainage easement in the future. This 50 ft. for the interim and future could possibly serve as the 50 ft. setback required between R-1 uses and Louisiana Chemical as required by Zoning Ordinance (Section 7-600 Table B). This item will have to be reviewed and approved by Planning and Zoning Commission when the Major Development Site Plan is considered. The City and Louisiana Chemical would need to come to terms and agreement on how to deal with the interim situation where the use and benefit is to Louisiana Chemical and the ultimate or long term situation when public need is identified. Consider: · dedication of drainage right-of-way now and an agreement for Louisiana Chemical to use in interim; · the interim use would be for benefit of Louisiana Chemical only and drain the proposed 12.5:t acre development. Louisiana Chemical would be responsible for up keep and maintenance; · or an agreement with Louisiana Chemical to dedicate when public need is there and work out trigger conditions. Items still to resolve: · The 50 ft. drainage right-of-way would not be of public benefit until properties beyond the proposed 12.5:t acre site are drained through this right-of-way. . HCFCD final approval of interim and ultimate conditions. Planning and Zoning Commission approval. . . Visit with SDH&PT and insure SH 225 plans don't jeopardize F101 Master Plan for entire watershed or for this area. . Resolution of conditions and agreement between City and Louisiana Chemical drafted by the City attorney's office. Will 50 ft. be enough for future easement width? This is currently being reviewed. . REQUEST FOR REPLAT LOTS ~~~-~~3; BLOCK SPENWICK PLACE SECTION I 7 . , STAFF REPORT 12/12/91 SPENWICK PLACE SECTION ONE Item No. VI on the agenda is to consider a replat of Lots 111, 112, & 113 in Block 7, Spenwick Place Section One. This subdivision was platted in March of 1953 and was part of the Collegeview M.U.D. at that time. It was annexed by the City of La Porte in 1984. * The owner has proposed the replat in order to move an existing easement from the center of the lots to one side, allowing for development on all three lots (see attached replat and letter of request). The City's Development Ordinance No. 1444 and state law allows for a replat or re-subdivision of a recorded subdivision plat, or a portion thereof, but without vacation of the immediate previous plat, is hereby expressly authorized to be recorded and shall be deemed valid and controlling when: A. It has been signed and acknowledged by only the owners of the particular property which is being replatted or resubdivided. * B. It does not attempt to alter, amend or remove any covenants and restrictions. C. There is compliance, when applicable, with Section 212.014 and 212.015 of V.T.C.A. local government codes. D. It has been approved by the Commission after being prepared and filed as though it were an original plat as specified in Section 4.04 of the Ordinance; and E. All expenses incurred by the City or the subdivider in the Replat process shall be borne by the subdivider, including costs of notice of public hearing. * Notifications and advertisement of the mandatory public hearing were complied with on December 4, 1991. * Staff researched the easement and found that no public utilities existed. * Staff contacted franchised utility companies and found they have no objection to abandonment of the easement or relocation (letters attached) . Page 2 Staff Report 12/12/91 Spenwick Place Section One * The Commission may within thirty (30) calendar days of the filing date, take one of the following actions. 1) Approve the Final Plat as filed; 2) Disapprove the Final Plat as filed, provided the reasons for such disapproval are stated in writing and a copy of the statements is signed by the Chairman of the Planning Commission. Commission action shall be noted on three (3) copies of the Final Plat, which shall be distributed to the developer, Department, and official files of the Commission. Final Plats: Effect of Approval 1) Approval of a Final Plat as filed and all accompanying documentation by the Commission, together with approval of Public Improvement Construction Documents by the Director shall result in issuance of a Development Authorization by the Department which permits the developer to begin construction of subdivision improvements. Not applicable in this case because it does not involve construction at this time. 2) Disapproval of a Final Plat requires filing of a new Final Plat. * Approval should be subject to making the following changes to the replat based on review by staff: (See replat exhibit attached) a. The replat needs to be sealed by a registered professional surveyor. b. Correct the "typo" on vicinity map. c. Completely execute the replat by the surveyor and owner. d. Delete City Engineer signature block. Page 3 Staff Report 12/12/91 Spenwick Place Section One e. Add; this replat does not alter, am mend or remove any covenants or restrictions from the preceding recorded plat filed for record in Volume 42 Page 64 of the Harris County Map Records. f. Delete the third paragraph in the declarations regarding original intent for construction. * If approved by the Planning and Zoning Commission and once the changes to the replat are made and approved, the Chairman shall sign and release the replat for recordation. * This replat complies with applicable City of La Porte Ordinance and State Law. Staff recommends approval subject to the revisions listed in this report being completed. SKELTON REALTY B. DON SKELTON, REALTORS 1001 West H St., P.O. Box 485 La Porte, TX 77572-0485 (713) 470-1245 November 8, 1991 MS. Cherie Black, City Secretary City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 RE: Replat of Lots 111, 112, & 113, Block 7, Spenwick Place, Section one, City of La Porte, Harris County, Texas Dear MS. Black: Please accept this request for the replat of lots 111, 112, & 113, block7, Spenwick Place, Section one, City of La Porte, Harris County, Texas, which I present to you in behalf of my client and owner of the property, MS. Adell Collette. As you know, MS. Collette sent you a letter dated October 9, 1991 requesting the abandonment of the easement which is splitting her lots 11 2 and 113. She also expressed a willingness to dedicate a new easement parallel to the most southerly and easterly back lot line of lot 113, if an easement is needed. Please make the proper arrangements for this request to be presented to the Planning and Zoning Commission during their December meeting, which I understand is December 19, 1991. I understand that you will notify all property owners in Spenwick Place, Section one, and place notice in the local news paper, along with whatever other things necessary for this to take place. Please let me know if there is any thing that I or my client should do prior to the Planning and Zoning Commission meeting since time is the essence in this matter. I have a contract with a buyer that wants to build on this property but can not do so while the utility easement splits the lots on the property. The existing utility easement is not used by anyone or for anyone's benefit that is known. Thanks for your help in resolving this matter. Please call me soon if you have any questions. BDS:sks cc: MS. Adell Collette Mr. John Joerns, Assistant City Mgr. Very sincerely yours, ~.~~~ B. Don Skelton, Broker PRIMI! CilBLI! ffD r, :"". ;-"!i':"1 r~ ....-.. .' 1 f"'j ~. :, ,..., ,. I' '0 r'- ji ~ , " '. .. " U" 'I ' I ~ ~. ',...... J it. ~ f i' ' . '" ~ , -- ". ., 'r.' I~"" t . " U f-~".-:'~'" ",-:-.v_-'~t' ~ ~ I I nl OCT Z 5 199Jl~ Ull I.. LlL:::J \.:7L.::iU U ~ October 23, 1991 Cherie Black City of La Porte P . 0 . Box 1115 La Porte, TK. 77572 Dear Ms. Black, The City of La Porte has Prime Cable's consent to abandon the 10-foot easement located between Lots 112 and 113 in Block 7 'of Spenwick Place Section 1. Prime Cable does not own or operate any facilities in this easement. Thank you for considering us in this matter. SinCerelY'~ R~on Project Coordinator 3333 Watters Road. Pasadena, Texas 77504 · (713) 947-7565 Prime Cable is an Equal Opportunity Employer The Light cODlpany Houston Lighting & Power mJrr- -- -'-.. - . r IL. ,'. f -........-...... ..-..... n f""; r\...L ~~1 r;~ L" :; ;-,,: ,.. ~ . f \ '. . 'I" " '. , ., . t . Ilfl .. .--.'-... "",,--'; . I I \, , ~~.l NOV:) 9 1ClOl i,.: j i i' ~ ~ '"" ~ P. O. Box 597 Seabrook, T";'~~~~7s~u November 19, 1991 Ms. Cherie Black, City Secretary City of La Porte Post Office Box 1115 La Porte, Texas 77571 Dear Ms. Black: The City of La Porte has received a request from Mrs. Adell Collett to abandon a lO-foot easement on her property, located between Lots 112 and 113, Block 7, Spenwick Place Section 1, further described in your letter of October 17, 1991. A field investigation reveals that we at present have no facilities installed within the street listed; therefore, our Company will interpose no objection to the request as filed. If we may be of any further assistance, please advise. Sincerely, / ~ ~k~ ~es 1. Wyatt District Manager JLW/jm Attachment I' " ,. \. A Subsidiary of Houston Industries Incorporated ENIEX l~.f \~\ v f\\1 ry\ ,D October 21,1991 Cherie Black City Secretary City of La Porte P.O. Box 1 11 5 La Porte, TX 77572 RE: Request to abandon a 10' easement between lots 112 abd 113 Block 7 Spenwick Place Section 1. Entex does not have any facilities located on the referenced property and giv~consent for its abadonment. Sincerly, (!)11.~/iif~' d ~-tfI\1:: Michael T. Stewart Manager MTS/mas South Texas / Texas Coast Division: 120 South 2nd Street. P.O. Box 937 . La Porte, Texas 77572 . 713/471-4333 A Division of Arkla, Inc. '-..-' @ Southwestern Bell 2922 Plum Creek Suite 201 Houston, Texas 77087 Phone (713) 641-7378 Houston, October 29, 1991 Cherie Black City Secretary--City of La Porte P. O. Box IllS La Porte, Texas 77572 RE: Abandoning a ten foot Utility Easement Spenwick Place Section 1 City of La Porte Texas Dear Ms Blac.k: In response to your letter dated October 17, 1991, Southwestern Bell Telephone Company has no existing facilities in that certain ten foot utility easement desired to be vacated by the City of La Porte. Since we have no future plans to use this ten foot utility easement, Southwestern Bell Telephone Company has no objections to the abandonment of the easement. The site involved is out of the survey plat for block 7, lots ll2 and ll3 of the Spenwick Place Section 1 Subdivision. Any further questions regarding this matter may be directed to Dianna Honea on (713) 641-7378. Sincerely, AC~ Attachment