HomeMy WebLinkAbout04-29-1993 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission
MINUTES
CJ
•
MINUTES
PLANNING & ZONING COMMISSION MEETING
APRIL 29, 1993
Members Present: Chairman Betty Waters, Commissioners Dottie Kaminski, Inge
Browder, Wayne Anderson, Ronald Gragg, Howard Ebow
Members Absent: Eugene Edmonds
City Staff Present: Planning Director Chuck Harrington, Assistant City Manager
John Joerns, Assistant City Attorney John Armstrong, Chief
Building Official Ervin Griffith, Planning Secretary Peggy Lee
Others Present:
I. CALL TO ORDER
B. Don Skelton, Allen Schubert
Meeting was called to order by Chairman Waters at 7:00 PM.
II. APPROVE MINUTES OF THE MARCH 18, 1993 PLANNING AND ZONING
• COMMISSION PUBLIC HEARING AND REGULAR MEETING.
A motion was made by Inge Browder to approve the minutes of the March 18, 1993,
Public Hearing and regular meeting. The motion was seconded by Wayne Anderson.
All were in favor and the motion passed.
III. CALL PUBLIC HEARING TO ORDER. THE PURPOSE OF THE PUBLIC
HEARING IS TO CONSIDERAMENDMENTS TO THE FOLLOWING SECTIONS
OF ZONING ORDINANCE 1501.
A. SECTION 3-100: NEW DEFINITION OF PORTABLE SIGN.
B. SECTION 6-400, COMMERCIAL TABLE A: MINI-WAREHOUSE
STORAGE (SIC 4225) AS A CONDITIONAL USE IN GENERAL
COMMERCIAL ZONES.
C. SECTION 10-1000, SIGN REGULATIONS: REPLACE THE EXISTING
SECTION 10-1000 WITH A NEW SECTION 10-1000 WHICH WILL
REGULATE PORTABLE SIGNS, POLITICAL SIGNS, FREESTANDING
AND ATTACHED ON PREMISE SIGNS, OFF PREMISE SIGNS AND REAL
ESTATE SIGNS.
•
• •
Page 2 of 14
Planning & Zoning Commission
Minutes of 4-29-93
Chairman Waters called the Public Hearing to order at 7:01 PM.
Mr. Hamngton read from the staff report the following proposed changes to the
Zoning Ordinance:
A. Section 3-100 Definition of Portable Sign
A sign which is not permanently and rigidly affixed or attached to the ground
and is designed or constructed to be easily moved from one location to
another, including signs mounted upon or designed to be mounted on a
trailer, wheeled carrier, or other non-motorized mobile structure. This
definition shall also include any vehicle or trailer parked so as to be visible
from a public right-of--way for the primary purpose of advertisement of
products or directing people to a business or activity located on the same or
nearby property or any other premises.
B. Section 6-400, Commercial Table A
Would allow mini-warehouse storage (SIC 4225)as a Conditional Use in
General Commercial Zones.
C. Section 10-1000, Sign Regulations
Section 10-1001 General Provisions
All signs shall be erected, displayed and maintained in compliance with
the requirements of this section and all other applicable state laws and
City Ordinances. If there is a conflict between the regulations of this
section and a state law, City ordinance, or codes adopted by ordinance,
the most restrictive standard applies and controls. All signs not
expressly allowed by this ordinance are prohibited.
2. No sign nor part of any sign may have lights which flash, move or
rotate in such a manner as to be confused with traffic control signals
or emergency vehicle signals, or in a manner that confuses, misleads
or distracts traffic motorists. Beacons may not be placed on any sign
or be made a part of any sign. Additionally, no sign that resembles an
official traffic control sign, signal or device or that bears the words
stop, go slowly, caution, danger, detour, or other wording for traffic
control signs or devices may be used within the City.
U
Page 3 of 14
• Planning & Zoning Commission
Minutes of 4-29-93
•
3. All signs shall be properly and continuously maintained so as not to
become a safety hazard or detract from the appearance of adjoining
properties.
4. All areas immediately below and within a radius of fifteen (15) feet
shall be properly maintained. This includes- maintenance of all
vegetation to the standards set forth in Chapter 13, Article II of the
City of La Porte Code of Ordinances.
5. No sign may be placed on or over a public right-of-way, whether used
or unused, a utility easement, or on utility poles.
6. No sign shall be located in a sight triangle so as to obstruct traffic
visibility at a level between three feet (3') and six feet (6') as measured
above adjacent road grade.
7. Any sign in violation of any provisions of this ordinance are subject to
• immediate removal by the City of La Porte.
Section 10-1002 Portable Suns
1. Portable signs may be located in the High Density Residential (R-3),
Manufactured Housing (MH), Commercial Recreation (CR),
Neighborhood Commercial (NC), General Commercial (GC), Business
Industrial (BI), Light Industrial (LI), and Heavy Industrial (HI) Zoning
Districts.
2. A portable sign may not stand on any premise for more than thirty
(30) consecutive days at a time or for more than sixty (60) days in any
calendar year without a period of at least twenty (20) intervening days.
3. Lighted portable signs shall be constructed and installed in accordance
with the requirements of the City's electrical code. Portable signs with
red, yellow, amber, green, or blue lights or with lights that flash, blink,
or vary in intensity are prohibited.
•
• •
Page 4 of 14
Planning & Zoning Commission
Minutes of 4-29-93
4. Portable signs must comply with the setback requirements that would
apply to on-premise signs in the zoning district in which the portable
sign is to be located. Portable signs may not be placed on public right-
of-way and may not be placed in such a manner as to create a hazard
to traffic.
5. A portable sign must be tied down or secured in a manner prescribed
by the Building Official to ensure the safe installation of said sign.
6. A portable sign, during the required intervening periods, must be
completely removed from public view. Removal of the lettering is not
considered to be in compliance with this section.
7. All damaged portable signs must be removed within forty-eight (48)
hours of notification by the City until said sign has been repaired.
8. Portable signs shall be used for on premise use only.
9. Nothing in this section shall apply to political advertising.
• 10. Portable signs are to be permitted through the Building Official of the
City of La Porte, consistent with the provisions of this Ordinance.
Permitted portable signs shall have securely affixed and plainly visible
a sticker, in form prescribed by the City of La Porte, showing the date
the permit was issued, and the date the permit is to expire. Portable
signs shall also contain on both faces the date of expiration of the
current permit.
11. Portable signs located on premises in violation of any of the provisions
of this Ordinance, including the requirement that portable signs have
attached a validly issued, current permit from the City of I.a Porte, are
subject to immediate removal by the City of La Porte.
Portable signs removed by the city of La. Porte in accordance with this
Section, shall be safely and securely stored by the City of La, Porte.
Portable signs removed and stored by the City of La. Porte may be
redeemed by their owner upon the payment of a storage fee of fifty
dollars ($50.00). Signs not redeemed from storage maybe sold by the
City of La. Porte in accordance with laws and regulating sale of
• abandoned property.
Page 5 of 14
• Planning & Zoning Commission
Minutes of 429-93
•
Nothing in this Section shall be construed as a waiver by the City of La
Porte on the penal enforcement of this Ordinance. The remedies
provided in this Section shall be in addition to, and not cumulative of,
other remedies. the City of L,a Porte might have as allowed in this
Ordinance and state law.
•
Section 10-1003 Political Sim
Temporary political signs placed for the duration of an election campaign
shall not be subject to the requirements of this ordinance except that:
1. No political sign shall be placed within a sight triangle or in a manner
which will otherwise create a traffic hazard.
2. No political sign shall be placed on or over a public right-of-way,
whether used or unused, a utility easement or on utility poles.
3. All portable signs used for political advertising shall be anchored in a
manner which will prevent their being blown about by a strong wind.
4. All political signs shall be removed no later than ten (10) days after
the election for which they were placed. In the case of run-off
elections, political signs may remain in place no longer than ten (10)
days following the run-off.
Section 10-1004 On Premise Signs
1. Freestanding On Premise Signs
A. General Provisions
(1) These regulations shall apply to freestanding signs only
(2) Multiple reader panels mounted on a single base shall
be considered to be a single sign.
•
•
Page 6 of 14
• Planning & Zoning Commission
Minutes of 4-29-93
•
(3) For the purposes of this section, amulti-tenant building
shall be considered to be a single establishment and
shall be restricted to free standing advertising signage in
accordance with the regulations governing such signs.
{4) Separate buildings located on a single piece of property
may be considered to be separate business
establishments with each building being eligible for
freestanding advertising in accordance with these
regulations.
(5) The number of on premise free standing non-advertising
signs intended to direct traffic and not exceeding six (6)
square feet in size shall not be limited by this section.
(6) The provisions of this section shall not apply to real
estate signs.
• B. R-1, R-2, R-3, and MH Districts
(1) One (1) free standing identification sign is permitted for
townhouses, multi-family developments, group care
facilities, subdivisions, education and religious facilities.
(2) For a Bed and Breakfast facility one (1) sign not
exceeding three (3) square feet in area and non-
illuminated shall be allowed. This sign may be either
mounted on the building or located in a landscaped
portion of the yard.
(3) For a Home Occupation facility one (1) sign not
exceeding two (2) square feet in area and non-
illuminated shall be allowed. This sign shall be mounted
flat against the wall of the principal building.
(4) The size of the sign may not exceed one hundred fifty
(150) square feet.
(5) There are no minimum yard setbacks.
•
•
Page 7 of 14
• Planning & Zoning Commission
Minutes of 4-29-93
•
(6) The maximum height is forty-five feet (45').
C. CR, NC, and GC Districts
(1) One (1) freestanding advertising sign shall be permitted
for each side of a commercial establishment which fronts
on a developed right-of--way.
(2) The following size limitations apply:
(a) Free standing signs for single tenant buildings -
150 square feet.
(b) Free standing signs for single tenant buildings in
a controlled access corridor - 300 square feet.
(c) Free standing signs for multi-tenant buildings -
• 350 square feet.
(3) The following rrummum yard setbacks apply:
(a) When not adjacent to residentially zoned
property, there are no minimum setbacks.
(b) When adjacent to residentially zoned property,
there are minimum side and rear yard setbacks of
five feet (5').
(4) The following height limitations apply:
(a) Free standing signs - 45 feet.
(b) Free standing signs in a controlled access corridor
- 65 feet.
D. BI, LI, and HI Districts
(1) One (1) free standing advertising sign shall be permitted
for each side of a commercial establishment which fronts
• a developed right-of-way.
• •
Page 8 of 14
• Planning & Zoning Commission
Minutes of 4-29-93
(2) The following size limitations apply:
(a) Free standing signs for single tenant buildings -
150 square feet.
(b) Free standing signs for single tenant buildings in
controlled access comdors - 300 square feet.
(c) Free standing signs for multi-tenant buildings -
350 square feet.
(3) The following minimum yard setbacks apply:
(a) When not adjacent to residentially zoned
property, there are no minimum setbacks.
(b) When adjacent to residentially zoned property,
there are minimum side and rear setbacks of five
. feet (5').
(4) The following height limitations apply:
(a) Free standing signs - 45 feet.
(b) Free standing signs in controlled access corridors
- 65 feet.
2. Attached On Premise Signs
A. General Provisions
(1) One attached sign per building wall maybe displayed for
each occupant or use on the premises.
(2) These regulations do not apply to building addresses or
supplemental signs for the purpose of identifying the
apartment buildings or units.
•
•
Page 9 of 14
• Planning & Zoning Commission
Minutes of 4-29-93
B. R-1, R-2, and MH Districts
•
(1) The size of the sign may not exceed three (3) square
feet.
(2) No portion of the sign may have a luminous greater than
200 foot candles and may not move, flash, rotate or
change illumination.
C. R-3, CR, NC, GC, BI, LI, and HI Districts
(1) The cumulative size of the signs may not exceed fifteen
(15) percent of the wall area.
•
(2) If located closer than 50 feet to an R-1, R-2, or MH
District, the sign may not flash and must be designed so
that is does not shine or reflect light into adjacent
residences.
(3) One attached canopy sign may be displayed. Such sign
shall not exceed thirty (30) percent of the canopy area.
Such sign must be contained within the physical limits of
the canopy and shall not extend above or below the
canopy.
Section 10 - 1005 Off Premise Signs
1. Off premise free standing advertising signs may be erected in the BI,
LI, and HI Zoning Districts.
2. Off premise freestanding public service signs may be erected in the
GC, BI, LI, and HI Zoning Districts.
3. All off premise signs shall be constructed with a single steel support
pole.
4. The following size limitations shall apply to all off premise free
standing signs:
Page 10 of 14
Planning & Zoning Commission
Minutes of 4-29-93
\J
A. In controlled access corridors, the size limitations shall be set
by the Texas Highway Beautification Act.
B. On all other streets, the maximum size shall be three hundred
(300) square feet and may not have more than two (2) sign
faces.
5. An off premise sign must be located at least fifty (50) feet from an
existing freestanding on premise sign.
6. Off premise signs, when illuminated, must be constructed with upward
shielded directional illumination.
7. The following height limitations shall apply:
A. Off premise public service signs - 18 feet.
B. Off premise advertising signs - 45 feet.
• 8. All off remise freestandin advertising signs shall be spaced in
P g
intervals of not less than one thousand (1,000) feet.
Section 10 - 1006 Real Estate Signs
1. For the purpose of marketing a recorded subdivision, one (1) on
premise freestanding sign of not more than one hundred fifty (150)
square feet for each road abutting the respective subdivision shall be
permitted, provided that such sign shall not be placed within any
required yard nor within twenty-five (25) feet of any property line
abutting a street or road right-of--way, and further provided that such
sign shall not exceed twenty (20) feet in height.
•
• •
Page it of 14
• Planning & Zoning Commission
Minutes of 4-29-93
2. For the purpose of marketing a recorded subdivision, one (1) off
premise sign of not more than one hundred fifty (150) square feet may
be permitted for each recorded subdivision in any zoning district. Such
sign shall not be placed within twenty-five (25) feet of any property
line and shall not exceed twenty (20) feet in height. The permit for
such sign shall expire, unless renewed, two (2) years after the date of
issuance of such permit, and provided that each request for permit
shall be accompanied by a license and permit fee posted by the
respective sign hanger in the amount of three hundred dollars (300.00)
for the purpose of ensuring proper location, maintenance, and removal
of the respective sign.
Section 10 - 1007 Permits
1. Any person desiring to erect or place a free standing, attached or
portable sign on any property shall first apply to the Building Official
for a permit. Permits are not required for signs less than five (5)
i square feet in area.
2. Any person applying to erect or place a free standing sign on any
property shall submit to the Building Official the following
information:
A. A survey of the property which indicates the proposed sign
location.
B. An engineered design for signs greater than 8 feet in height.
C. A design of the sign and its support member for signs less than
8 feet in height.
3. Permit fees shall be in accordance with the current City of La Porte
Fee Schedule Ordinance.
Section 10 - 1008 Enforcement
1. Any violation of this Section shall be subject to the penalties provided
in Section 11-700 of this Ordinance.
•
Page 12 of 14
• Planning & Zoning Commission
Minutes of 4-29-93
u
B. Don Skelton, of Skelton Realty, spoke in favor of signs relating to the marketing
of real properties by individual owners or real estate brokers or agents. Mr. Skelton
wants to be able to advertise property by providing small directional signs for traffic
seeking the property.
Allen Schubert, developer of Glen Meadows Subdivision, agrees with Mr. Skelton.
He feels that homebuilders, in order to inform the public of available housing, should
have the opportunity to place small bootleg direction signs. He would be willing to
abide by restrictions placed by the City, such as number of signs, and particular times
they may be displayed.
The ordinance amendments, as proposed, do not make allowances for this type of
sign.
IV. CLOSE PUBLIC HEARING
• Chairman Waters closed the Public Hearing at 7:25 PM.
V. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING
AMENDMENTS PROPOSED FOR ZONING ORDINANCE 1501
A motion was made by Inge Browder to recommend to City Council approval of the
proposed Zoning Ordinance amendments. The motion was seconded by Ronald
Gragg. All were in favor and the motion passed.
VI. CONSIDER GENERAL PLAN APPROVAL FOR THE BAYOU FOREST
SUBDIVISION WHICH IS TO BE A 309 LOT SUBDIVISION FOR SINGLE
FAMILY HOMES. THE PROPOSED SUBDIVISION IS TO BE DEVELOPED ON
A 100.43 ACRE TRACT WHICH IS LOCATED AT THE SOUTHEASTERN
CORNER OF THE MCCABE ROAD, HIGHWAY 146 INTERSECTION. THE
PROPERTY ZONING IS PLANNED UNIT DEVELOPMENT (PUD).
Mr. Harrington addressed the Commission regarding the General Plan of the Bayou
Forest Subdivision Phase III. The property is designated PUD which requires the
applicant to submit an application for a conditional use permit. Staff has reviewed
the plan and finds it not to be in compliance with the Development Ordinance. The
• following is a list of items which will require revision or modification:
U
Page 13 of 14
Planning & Zoning Commission
Minutes of 4-29-93
1. Specify type of development.
2. Include block for filing date.
3. Plot utility easements.
•
4. Revise the designation of "Unrestricted Reserve A."
5. Plot utility easements.
6. Plot building setback lines.
7. Indicate flood plain designations and boundaries.
8. Complete and submit a Development Checklist.
9. Submittal of an application for a Conditional Use Permit.
• 10. Renaming streets.
Due to the significant amount of items that are unresolved, staff recommends denial
of General Plan approval.
Jim Gartrell, with Gulf Coast Engineering and Surveying, addressed the Commission.
Mr. Gartrell stated that the proposed development would have lagoons with lakes
running behind the development. The lakes would be operated and maintained by
the homeowner's association. The lakes would have fresh water and would be
stocked with fish. The yards would abut the lakes. A complete tree border would
surround the entire lake. All lakes would be interconnected to satisfy all retention
requirements for drainage. All lots are interior cul de sacs.
Mr. Harrington stated that the park area falls short in size by approximately 1/2
acre. Mr. Gartrell confirmed there would be no problem dedicating the extra
acreage.
Mr. Gartrell stated the lagoons would be deep enough so that grass would not grow
on the bottom; approximately 6-7 feet deep with a 3:1 slope. The streets will be
paved and guttered. The utilities will be located in the street right-of--way. One (1)
well will be drilled to maintain a constant level in the lakes. The homeowner's
association will pay for the electricity to power the pump.
•
Page 14 of 14
• Planning & Zoning Commission
Minutes of 4-29-93
Ed Cooke, the developer, stated the homes would sell for $90-140,000.00.
Homeowner's fees will be targeted at approximately $200.00 annually. The lakes will
be stocked with 500 fish per acre which will help control the mosquito population.
Ronald Gragg made a motion to deny conditional approval of the General Plan until
such time that all the items staff noted are addressed. The motion was seconded by
Howard Ebow. All were in favor and the motion passed.
VII. STAFF REPORTS
There were none.
VIII. ADJOURN
Chairman Waters declared the meeting duly adjourned at 8:15 PM.
•
Respectfully submitted,
Peggy
Planning Department Secretary
Approved on this the 20th day of May, 1993
Bet W ters
Planning and Zoning Commission Chairman
• •
•
REZONING REQUEST #R93-001
BAYOU FOREST SUBDIVISION PHASE III
•
• •
'Rezoning Request #R93-001
. ` ... :>
Requested For: A 107.356 acre tract of land out of the W.P. Hams Survey,
Abstract Number A-30. The property in question is located at
the southeastern corner of the McCabe Rd./Hwy. 146
intersection (see Exhibit A).
Current Zoning: PUD (Planned Unit Development [Exhibit B])
Requested Zoning: 94.4768 acres to R-1, Low Density Residential
12.8792 acres to GC (General Commercial)
Requested Bv: Bayou Forest Property Ltd., property owner
• Background: The tract in question is a portion of the area that formerly
comprised the Bayshore Municipal Utility District (Bay MUD).
This area was annexed into the City of La Porte on December
31, 1988 (Ordinance 1626). Following annexation, the Planning
and Zoning Commission began a planning study of the former
Bay MUD area. This study resulted in an integration of the
former district into the City's Comprehensive Plan. Based on
the Comprehensive Plan determinations, permanent zoning
designations were assigned to the entire annexed area. This
was done by passage of Ordinance 1501-J (adopted June 12,
1989).
The PUD zoning designation was assigned to the tract in
question with the passage of this ordinance. The land use
designation underlying the PUD zoning was established as Low
Density Residential with a Commercial use node located in the
vicinity of the McCabe Rd./State Highway 146 intersection (see
Exhibit C). It is important here to note that the Land Use Plan
from which Exhibit C is excerpted, does not establish hard
boundaries. It rather illustrates patterns of development
envisioned by the Comprehensive Plan.
•
• •
Rezoning Request #R93-001
• Bayou Forest/5-2A-93
Page 2 of 3
Analysis:
•
Zoning Ordinance Section 8-100 states that the purpose of the
[PUD zoning] district is to provide for..."development as an
integrated coordinated unit as opposed to traditional parcel by
parcel, piecemeal, sporadic and unplanned approach to
development." The PUD zoning assigned to the tract in
question was to great extent based on the large amount of
undeveloped, unsubdivided acreage located in this area. The
PUD development requirements were an effective means to
insure that development of the tract in question would be in
accordance with sound planning guidelines.
The applicant, Bayou Forest Property Ltd., is seeking this
rezoning to provide for development of a residential subdivision
(for single family homes). This would be located on the
94.4768 acres for which the R-1 zoning is requested. GC zoning
is requested for the remaining 12.8792 acres which is located
along Hwy. 146. This portion of the property to be designated
as Reserve A is to be divided into 8 commercial lots.
Staff, in reviewing the applicant's request, has found it to be
partially compatible with the Comprehensive Plan. The
subdivision is to be a planned, platted, and deed restricted
development. This is the type of development that PUD
guidelines were established to encourage. The subdivision is for
single family homes. This is in accordance with the intent of
the Land Use Plan. The commercial reserve is not directly in
accordance with Land Use Plan intent. There are some
significant planning issues which must be considered and
resolved before staff can support any rezoning request.
These issues largely relate to the portion of the tract designated
as Reserve A. As proposed, Reserve A extends south from
McCabe Rd. approximately 2,400 feet. The reserve, as noted
is to be divided into 8 commercial lots. Lots A-1 through A-7
would be approximately 200 feet deep. The eighth and largest
lot, which is not identified, is deeper and would presumably
have access from both McCabe Rd. and Hwy 146. A-1 through
A-7 would only be accessible from the northbound lanes of
Hwy. 146.
•
Rezoning Request #R93-001
Bayou Forest/5-20-93
• Page 3 of 3
•
The relatively shallow lot depth of Lots A-1 through A-7 does
not allow for an adequate buffer between the commercial and
residential areas. This could result in dumpster pads, delivery
docks, and similar items being located in close proximity to
homes.
Additionally, as access would be limited to the northbound
lanes of Hwy. 146, southbound traffic could only access
commercial establishments by making a "U-turn" at the
Shoreacres Blvd. cross over. This would obviously result in
traffic safety problems.
•
Also to be considered is the proposed location of the
community park adjacent to Reserve A. Again, close proximity
to commercial development and the accessory activities
associated with commercial establishments could serve to
render the park somewhat less desireable than it might
otherwise be. The depth of the commercial lots does not allow
adequate circulation.
Finally, staff feels that a designation of GC could allow for too
broad a range of commercial activity. As proposed, Reserve A
would have the potential to develop into a significant
commercial district, as opposed to a district for retail shops
which would primarily serve the neighboring residential
subdivisions.
•
Conclusion: As noted, this request has a great deal of merit and is partially
compatible with the intent of the Comprehensive Plan.
However, based on the planning issues noted above, staff
recommends denying rezoning request until such time as the
noted issues have been addressed and resolved.
Staff would suggest, as a means of resolving these issues,
reconfiguring Reserve A. If the reserve were shortened and
deepened (maintaining the ratio of commercial to residential
property), the resulting commercial zone would have improved
access from both McCabe Rd. and Hwy. 146. The additional
property depth would allow for adequate buffering from
homesites and in conjunction with a possible designation of NC
(Neighborhood Commercial) yield a retail district more
conducive to meeting the needs of the surrounding proposed
and existing neighborhoods.
•
•
BAYOU FOREST PHASE
GENERAL PLAN
•
III
• •
Staff Report Bayou Forest Subdivision -Phase III May 20, 1993
General Plan (Resubmittal)
The Planning and Zoning Commission, at their April 29, 1993, meeting, reviewed the
General Plan for Phase III of the Bayou Forest Subdivision. The Commission disapproved
the plan as submitted. The applicant has resubmitted a revised General Plan. A reduced
copy of the revised plan has been included in the agenda packet as Exhibit A of the
preceding staff report.
Staff, in reviewing the original General Plan submittal, noted a series of items which needed
to be amended, added or clarified. These items are as follows:
1. Specify type of development.
2. Add block for filing date.
3. Plot utility easements.
• 4. Revise the designation of Unrestricted Reserve A.
5. Plot building setback lines.
6. Indicate flood plain designations and boundaries.
7. Complete and submit a Development Checklist.
8. Submit a Special Conditional Use Permit application.
9. Rename designated streets.
The applicant has addressed the above noted items. Rather than request a Special
Conditional Use Permit, the applicant has requested a rezoning of the subject tract. This
satisfies item #8.
Item #4 is, however, still at issue. The applicant, as requested, has clarified the designation
of Reserve A. Staff, in the preceding rezoning report, raised a series of planning issues
regarding Reserve A. These concerns were in large part based on the information provided
•
•
,. ,
Page2of3
• Bayou Forest
Staff Report/5-20-93
on the revised General Plan; specifically dimension and arrangement of commercial lots and
driveway arrangement. As these issues have a direct bearing on both the General Plan and
rezoning request, it would not be appropriate for the Commission to grant approval or
conditional approval of the General Plan as presently drawn.
There is additionally one other item which should be addressed. This regards the
benchmark notes on Sheet 4 of the General Plan (this sheet is not included in the
Commission's agenda packet). The first note "NGS K120 (1973) 9.43' references a National
Geodetic survey monument. The location of this monument should be noted. The second
note, "City of La Porte B.M.#62 10.86" should be deleted.
Also to be noted, Section 6.01 of the Development Ordinance will require that a minimum
of one (1) permanent survey control monument be shown at the preliminary plat stage for
each five (5) acres platted. One (1) monument is to be accurately tied to an approved City
of La Porte monument by angle and distance, at the General Plan stage; reference to a City
of Ia Porte monument is not necessary.
i Finally, the applicant is to provide the City (and Harris County Flood Control) a report
regarding the lagoons proposed for storm water detention. This report is to detail detention
capacity, provisions for mosquito control and responsibility for maintenance and upkeep.
As of the date of this writing (5-12-93), the applicant has not yet submitted the requested
report. If the report is submitted prior to the May 20, meeting, staff will provide copies to
the Commission.
Development Ordinance Section 4.O1.C empowers the Planning and Zoning Commission to
take three courses of action after reviewing a General Plan. They are as follows:
1. Approval:
Commission approval of the General Plan authorizes the developer to file a
Preliminary Subdivision Plat or a Development Site Plan.
2. Conditional Approval:
Commission conditional approval requires submission of an amended General
Plan and additional documentation as specified by the Planning Commission
for final Commission approval; which may be filed concurrently with the next
Preliminary Plat or Development Site Plan, as the case may be.
• •
Page 3 of 3
. Bayou Forest
Staff Report/5-20-93
3. Disapproval:
Commission disapproval of a General Plan requires submission of a new
General Plan.
Based on the planning issues raised in the preceding rezoning report, staff must recommend
denial of the Bayou Forest Phase III General Plan until such time as it has been revised to
reflect the noted concerns.
C]
•
•~
•
REPEAT REQUEST
BAYSIDE TERRACE AND BAY OAKS SUBDIVISIONS
n
• •
,. ,
• Staff Report Request to Replat Sections of May 20, 1993
Bayside Terrace and Bay Oaks Subdivisions
Requested For: Parts of Lots 11, 12 and all of Lot 13; Block 22; Bayside Terrace
Subdivision. Lot 9; Block 13; Bay Oaks Subdivision. (See Exhibit
attached)
Requested Bv: Randolf and Cathy Valentin, property owners.
The tracts described above are adjacent lots that had been combined to form a single
homesite. A house and garage are situated on the Bayside Terrace lots. A swimming pool
is located on the Bay Oaks lot. The property owner has resplit the property.
The lots containing the house have been sold. The owner has retained and intends to build
a new home on the lot in the Bay Oaks Subdivision. The owner is seeking to replat the
• property. The replat would remove approximately 3,922 square feet from Lot 13; Bayside
Terrace and add the property to Lot 9; Block 13; Bay Oaks. The purpose of the requested
replat is to add approximately 53 feet of bay frontage to Lot 9 in Bay Oaks.
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
•
•
•~
Page 2 of 3
• Replat Request
Staff Report/5-20-93
•
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 (as
there is no need for a public hearing, this provision is not applicable).
Staff has reviewed the proposed replat and finds that the following revisions will be
necessary in order to comply with City of La Porte requirements.
A. Document should be identified as a replat of both the Bayside Terrace and
Bay Oaks Subdivisions.
B. Identify the boundary between the two (2) subdivisions.
C. Add a vicinity map to the plat.
D. Add recording language and signature blocks as required by Ordinance 1444.
E. Provide a letter making the request and stating the purpose for the replat.
• There is a five foot 5' utility easement which runs along the northern property line of Lot
()
9 in Bay Oaks. If the requested replat is approved, this easement will bisect a portion of
Lot 9. As the applicant is not seeking to relocate or abandon this easement, it has not been
considered as a factor in this request. Normal Zoning Ordinance setback requirements will
apply to any structures built in proximity to this easement.
The Development Ordinance authorizes the Planning and Zoning Commission to take the
following actions when considering replat requests. The Commission may within thirty (30)
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.
C
• •
~~
Page 3 of 3
• Replat Request
Staff Report/5-20-93
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.
2) Disapproval of a Final Plat requires filing of a new Final Plat.
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 with a
return map agreement.
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.
•
•
EXHIBIT
BAYSIDE TERRACE/BAY OAKS REPEAT
•
•
Rand W. Valentin
3201 Bayshore Blvd.
La Porte Texas 77571
•
May 13, 1993
Mr. Charles Herrington
Planning Manager
City of La Porte
P.O.Box 1115
La Porte, Texas 77572-1115
Attention: Mr. Phil Hoza
Dear Sirs:
The purpose of this letter is to request the replat of my property in La Porte. I
currently own a portion of Lot 13, Block 22, Bayside Terrace as well as Lot 9, Block
13, Bay Oaks. Both properties are in La Porte and are adjacent to each other. There
are no lien holders on either property. The reason for this request is to align the two
portions into one lot that is similar to others adjacent to the area. Once this is
completed, it is my intention to build on the replated lot.
• I have attached a survey showing the two properties with the old border separating
them. As you can see, the combined single property is more normal is shape to others
in the Bay Oaks subdivision of La Porte.
Thank you for your assistance in this matter.
Very truly yours,
'~~~G--
Attachments
•
U
EXHIBITS
L_J
I. REZONING REQUEST #893-001
II. BAYOU FOREST, PHASE
GENERAL PLAN
III
• ~°
'I . «.~
o r
I: ' °"ii'
N
fl = A
A Y Mp
u C L _- gip!
v S ~ 1 6~~ii ii
_ D
V
x
n -.___._.. --
N
N ~
1
•
f~~'~ ~ I
~f~l
r
~-Q
U ~ ~ 4a
~ ~ <<
r ~
~~ m ~
~" ~ ~ & I
~~ I
~ ~
IV
N
I x
I I
I
~~ Illx
~~
i'
m
~~
o ;
m
0
~ '1
rj O
A q
z ~
z z
c~ ~
o ~
~ ~
H f!1
to N
z° ~ '~Ne
A
N
W
frl ~ . .. .I I 1 - I .O, I ~•. .~ __..I I O ry ~ /~VF ~ ~ .
_ ~ . fl
m -i ._..._sil I I w I I N I ~. '°._~. ~ "1 1L..i m y ~~~ r,~2e~92
_ _ b /1 p
~ ~I~I I • ~ 14 I (~.°_._I /~ N ~ _~...1 I\\ ._Fi~n 1 °Q6/O/e ryC'rF
~ ._... NI I u- I ~ I •~ I rl .I 1 I ~`Y..-t- ~~ n-i ~( / I ~ c SAC $f
SI. ~n_' ~ ~..u_al ~1 IN-- ~„ i +_I-~ I u I ~ ~-•1 ~" '°"I"~~
o ~. '
°~s
N ~ 6r' =~~~~ p
~~
~o;~ir~3
.~
1 ~
- ._..---- _~.yr zleoa 1 r. N~
.. _..._ .., II ~` p 1 -l ~ / 200 p0.° Ye ~+1 A ~a
al 1 .. ~ , w M
~ ~ l i ~" 1 ~ A -'~ T' ~ r
-D I 1 / i °
~i
t 1
•v
~~ .I
y,
1 ~ ,y .... I ~ ~ m
p -- -
f • n v f, ~i _ _ I
_ I . ...I.
w
---1 at F I B • I a I ~~ ° I I Is• u. .
I __.
- a I - ~~ ___ _ I -- " 1.---
y .,
... 1) I _L V.-I . u _. i _ I I- ~ 1 ~ BO. ~. _.... I.. .I I COMMUNITY I e I S y ~ O i 7 e \ w
..__~ ~ n I I ~ _ I I N ~ I'~~ I .- PARK _ - -~ -- _ e ~O \
~I 1 .I'.. B0 I O I Iw'e' ,f •~-1 ~' le' ,~ w-~ -_ YAYUU YORCiT URI VL' 9 •'• a'
ID B.l.l IS t,~ - .
__._ .-. _ If~1
bRtOU fORL aI UNIVE ~I 1 '13 00 •q .a• g ~,.,te avJ 1 - .~ BO' I - I I OO• ~_ ..L_- ! u - ~' N
-_ -. .. _._. -. _ ~ I I T 4 N O V O V ~~n O • 4 N ~~ i- --~
3991 ~ .~ n ~ - ~ w u N _ __.. I'_ -.._ ~. IP UL \ IY el I~ ~' ~ ]1
- k Q ~N_-..-~--~ I w ° " ° ° I u I ( " I ~' $ LAGOON N0.1 ~ i0 eAYOU F IusT move
'a - I ~„ I Ii' U.E. ~ 16~ OL. _ ~ Iso go '
~ __ ~ -: -__ --- I - I y - ---_ ~ - -
fll ---I. EI le• uY. a Ir sL.. I __ ~ ~ - - - - _ - - - - I_ S
Y ~ $ LAGOON N0.2 ~ L... I " M -- I~ F \~ ~ u n V s u $ tl ,~, tl fl
\`
_ _ _ _ rr (IJ
~ y ~ N u • 411 v ~ ' - y~ ~ .~ bYJ Y.. ~ ~
-- :) N I ~ ~ ~ D -- tlAYUU LLMOOR CI RCLC
STREET ~ " , F I- ~~ • - - -^-. ~ /~ ~~+~ L- ~~ ~ ' --I ~ .-_ __ .I ~ m
-- _ w ~ _ __
loo• • .! - _ _ I . -- Noi.r riiACK LiI1LLS i ~ ~ ~ I i ----I' I _ - - -_ a ~~ ' , ~
II ~w/, -u yyc INy yy yL
,fj ~ OA 4 .... ..-. _. ...,fl ...... I- I ly I, YI • Til N ~ O ~I lIV l;._.~FI- Yl~ ~-. ~ n 1 Ys ~~ _ - - -- _ - _ _ _ '-w-i i
n V 01 V S$
~ I ._-._-_ ._. ...._-~ _ ^ iw
~- 1{' U.L . le' eL o
_. _..... ~ LAOOON N0.2 I ~--_- I- I = _ ~, J .4b
. __-...._..i
pr z • ~ f*1 I ~ I 811 - - - - - - - --^ ~7 I ~jI `~ I '~ -. ~ fil _ - ~ I ~ ~ O
i g~g $ ..- D i ...~_.J. I y N al • ~ 1 ^ I-_N I... I ..l-N _.j F ~ / y - - _ /,1- !e . ,y- I I I T1
I
)~ 9
_ "•mn ~ - a ~i ~.. ~ .. seA~lu+~Q AtacLE .. ® 1...° .. I I- , -` - I I o
• e°• FV -4 N ~ O V O n • N I I ~
ix ~ cn - ' P~- al r - - % ~'' ac ~ p I--~- I -F--i F - - ~ ~ l = ...
y , \ -_ __. _ - Gl- V n fil • Y N 8 e0' ~ PJ O" UY e+- °I If
X751 ~ ~ (.1 YI ~~~ , _ ~ _ _ _ - __ -_ ._-. Y' ~ •_!le ;a i:NeKK Cove _ - .. . - Q J' -_ ~I
Lq ~ N l .. 1 ~.L a le• RL. ~ 9] et • IOY 1-=• ~°. "1 • Ya q ~ N I
•CI ~ -'- -- -'i + a 1 & cti.J1L ]ib oo.{{.. L ~ T~l]•._ .-_i'IY ie `~ togl. ~ , v 'I - ~ ~' _ _ ~0~~\
__-_ I io 1! l f°'_~ e' •I~_-1 ~ ~ ~ ~I I e0• I __~ 5 -~ _i C f3 ~ ~ j _ - n ° - ~ - " J
~ I eo• 1. ° >: 1 00• ~ ~'I __ ~ ~ I =1 . ~ . ~ 1
.. -I ~ -- _
_.. ... .._-_u ~.. _.y _... Ir T N I I V - YI I N I ~ it • w r \ 1~- O T i Y1 .0'IY-f e)O le ._ ..-
_ __ t _ v
_ 4 I
a~Nr l 4 I 1 ~ I u ~ I ~F I.. •y '~' `o. ] u ° ~ I
n _~ _ I
~~~~~~ ------- _-_I ~ ~' j ^ i ~t 1 i ~F I F' ~a_~ I Q F ,e I]' e~° ~ c u~
"r~ -{ R
M n M °M a~ 1 V 1` Y 1 u ~ I ~'~ i. • ~ ,_,a~l e. • ~ I ae. ~~ ~~
Y YMn 7 n 1 IP _ I ('7 ,1.~ M w I 'po I] ~_I]9 ~] Yt y~ ~~1 I
CCCfi{
D
A A R O4 I \ O\`I `/ , ld OI 1 ~ D ~ Z~ O
~ ;~, l~ F ~~m rs ° rn m o
1~~Y1 g s ~_ _ ~ r :o
p .1 _. ' , Ol .1 1 rn
4 b 1 U :U .U ~p7C ~T
n w ~ •'tv I (1
D rn
: ~ ~ i' 4J / n \ z ~ H ""I
I ~ o -i D
'
...~k
: ~6~f r
.........
•..n .•. •n. n.n r+. m. (1 f
f I ~
30 5 «' ~ o
~.,ax5,., 1 WBweRC~~Se ~ ~1 I " - •
n (
~
~ m ~~~~~~~~~~~~~~~~~~~~ ~.
04~~JO1 IA~CGI~•OWOJNM~MN4" y
C
1 1 1 1 1 1 1 1 1
1
1 1 1 1 1 1 1 1 1 1 1 f
~
i7
' 1&iI 1
..
nrOVOJJWNrJGG~~NYGG7 Y
l
.,
~I ~~~~~~~~~~~~~~~~~~~~ ~
-o ~ GULF COAST ENGINEERING BAYOU FOREST
o ~
m ~- ~
-~ D l
-~ ~~,y-.= Sr4j
~A.' :~ ~~
~:.:o~ ~frr
~
~ ~:.w
~:~~a~ ~;
~iM ~j~~ ~~''^~ AND SURVEYING
eo.eox ]e2 LA MAROUE,TEXAS 7?566 PHASE THREE -MASTER PLAN
~
d+''
'~"o'•t
~
Fj~#~
~9
JAMES 91f GARTRELL JR P
E
RP
S
TEIEPNONE NuMOfRS LA PORTE HARRIS %OUN Y TEXAS
T
.,
,.
S
~ ~~ FO~
~
•
~+ .
,
. ,
,
' ;~i+1
(•
' OATEN REV fEKASGtT-~09-831-tc6t
- 5/5/93 NODS TON- 71~-e0i-6969
~-
_ < - ~ `~ ~~
LEGEND
;~
,,,
MH MANUFACTURED HOUSING
~ R•I LOW DENSITY RESIDENTIAL
R-2 MEDIUM DENSITY RESIDENTIAL_
R-3 HIGH DENSITY RESIDENTIAL
'i'~ NC NEIGH80RHOOD COMMERCIAL
GC GENERAL COMMERCIAL
81 BUSINESS INDUSTRIAL PARK
Ll LIGHT INDUSTRIAL.
HI HEAVY INDUSTRIAL
PUO PLANNED UNIT DEVELOPMENT
•
ZONING MAP
.. ~
NC
~~ R-I
~....~
•
~~6 / ~s /OG10 ~
EXHiBif ~
..
~~
I ti~~~ i
~ Q/
/ ~
~~.
- ~
- ~
~~~
s
i'~-
I •
I
I
a
~---_r_~~~~
~A PORTS E.T.~~. LIMIT
Jf s
1I~ f
......
i t~
~p~ ~ 1~
~~~
4~~
~~ ~~'
I i°o°o~
goo
~~ = goo
r ' oC
I ~ a ,~ ~~ ~ ~ o~
+ 1 0<
y I
• 1
UTH LA PORTS INDUSTRIAL DISTRICT A N ~CTOBER,EI998Y ~
SO
ORDINANCE 1789 PASSED ON THE i4 th DAY 0
~ ~
CITY OF LA PORTS
LAND USE PLAN ~~
LEGEND
~ ~ ~ ~ ~ CONTROLLED ACCESS HWY. ZONE 5001 ALO"~~- t~
PARALLEL TO HIGHWAY RIGHT-OF-WAY
PUBLIC USES
~_~ LOW DENSITY RESIDENTIAL USES
:::::.::::::~~~~~~ MID TO HIGH DENSITY RESIDENTIAL USES
. • • • • • COMMERCIAL USES
o~~~ooaooooo0o COMMERCIAL INDUSTRIAL USES
~~~ INDUSTRIAL USES
~~
~~
;~:l
:~:
i
X71 ~F1 i ~
----
\~,
. ~?i:\.:iiiii:.
~~'!~:::::::ii:.
~~~:::::ti::...
~~~ ~~~
:F
..•
R•11:::.
• , y
• :: F siii« :~
:; '• ,~..
:11[V:
.Y ~
~ AAY
. ~
_
~ ...
REf pVE. a. ! .:.::.:.: . ~,
~,
y
~: fl
~,
~~ •,
SHOREpCRES
p(HIBIT ~