HomeMy WebLinkAbout02-17-1994 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission.1
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OATH OF OFFICE
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OATH t7F OFFICE
I, Mazgazet Anderson . do solemnly swear (or affirm), that I will
faithfully and impartially execute the duties imposed upon me by law as a member of the
La Porte Planning & Zoning Commission, and I furthermore solemnly sweaz (or affirm),
that I have not directly or indirectly paid, offered, or promised to contribute any money or
valuable thing, or promised any public office or employment, as a rewazd to secure my
appointment. So help me God.
Mazgazet Anderson
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SWORN TO and subscribed before me, this the 17th day of March, 1994.
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.~'~"' ~`+~ PEGGY LEE
~._ F ._• ~~ ~ Pubic Peggy Lee
~~~ State d Texas
°~`'E ~ : ~•" Cann~sebn Expires ~~~ Notary Public o e State of Texas
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MINUTES
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PLANNING & ZONING COMIVIISSION MEETIlITG j
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FEBRUARY 17, 1994
Members Present: Chairman Betty Waters, Commissioners Dottie Kaminski, Inge
Browder, Howard Ebow, Eugene Edmonds, Chuck Engelken
Members Absent:
City Staff Present ; Director of Planning Charles Harrington, Assistant City
Attorney John Armstrong, Planning Secretary Peggy Lee
Others Present:
I. CALL TO ORDER
Meeting was called to order by Chairman Waters at 6:00 PM. Chairman Waters
read a letter of resignation from Wayne Anderson.
• II. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED PLANNING AND
ZONING COMMISSION MEMBER
John Armstrong administered the Oath of Office to Charles S. Engelken, Jr.
III. APPROVE MINUTES OF THE DECEMBER 16, 1993, MEETING.
A motion was made by Inge Browder to approve the minutes of the December 16,
1993, meeting. The motion was seconded by Eugene Edmonds. All were in favor
and the motion passed.
IV. ADOPT PARLIAMENTARY RULES OF PROCEDURE FOR CONDUCT OF
PLANNING AND ZONING COMMISSION MEETINGS.
A motion was made by Howard Ebow to adopt Robert's Rules of Order for the
conduct of meetings. The motion was seconded by Inge Browder. All were in favor
and the motion passed.
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Page 2 0 4 _
Planning & Zoning Commission ~`'%
Minutes of February 17, 1994 _
V. ELECT A PLANNING AND ZONING COMMISSION VICE- TO
REPLACE FORMER COMMISSION MEMBER WAYNE ANDERSON.
Chairman Waters entertained nominations for vice-chairman. A nomination of
Euguene Edmonds was made by Howard Ebow. A nomination of Inge Browder was
made by Eugene Edmonds. Mrs. Browder declined the nomination. A motion was
made by Inge Browder to cease nominations. Chairman Waters declared Eugene
Edmonds as the new vice-cha~rm~n by acclamation.
VI. CONSIDER MINOR SUBDIVISION PLAT APPROVAL: SAILOR'S COVE
SUBDIVISION WHICH IS LOCATED IN THE 1000 BLOCK OF BAYSHORE
DRIVE.
Mr. Harrington reported that Sailor's Cove Subdivision is a five lot, residential
subdivision which is to be located in the 1000 block of Bayshore Drive. At
approximately 2.2 acres, it is classified as a minor subdivision. 'This request is for a
Final Plat since neither a General Plan nor a Preliminary Plan is required.
• Staff reviewed the subdivision and recommended approval of the Final Plat as
submitted.
John Armstrong noted there are a few minor typos on the declarations and
restrictions which will need to be corrected.
A motion was made by Howard Ebow to approve the Final Plat of the Sailor's Cove
Subdivision. The motion was seconded by Inge Browder. All were in favor and the
motion passed.
VII. CONSIDER GENERAL PLAN APPROVAL: PECAN CROSSING, A 250 LOT
RESIDENTIAL SUBDIVISION LOCATED IN THE 9200 AND 9300 BLOCK OF
WEST FAIRMONT PARKWAY.
Mr. Harrington reported that the Pecan Crossing Subdivision is a 2501ot residential
subdivision which is located on the north side of Fairmont Parkway. Consisting of
approximately 67 acres, it is classified as a major subdivision and requires General
Plan approval.
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Page 3'uf 4
• Planning & Zoning Commission
Minutes of February 17, 1994 _
Staff reviewed the General Plan and recommended approval. One item that will be
addressed during Preliminary Plat review is that the responsibility for the
maintenance of the detention pond will not be that of the City.
Glenn Angel addressed the Commission. Mr. Angel stated that the lots would be
sold to several builders and the subdivision will be built in sections. There was some
discussion regarding detention. Chuck Engelken expressed concern about what effect
this new subdivision would have on akeady existing flooding problems.
A motion was made by Eugene Edmonds to approve the General Plan of the Pecan
Crossing Subdivision. The motion was seconded by Howazd Ebow. All were in favor
with the exception of Chuck Engelken who was opposed. The motion passed.
VIII. CONSIDER PRELIIVIINARY PLAT APPROVAL: SECTION VI OF THE GLEN
MEADOWS SUBDIVISION.
• Mr. Harrington reported that the Commission had previously approved Section V of
the Glen Meadows Subdivision. Staff has reviewed the Preliminary Plat and found
it matches the General Plan that was originally submitted. Staff recommended
approval of the Preliminary Plat.
A motion was made by Inge Browder to approve the Preliminary Plat for Glen
Meadows Section VI. The motion was seconded by Dottie Kaminski. All were in
favor and the motion passed.
Ix. STAFF REPORTS
There was some discussion between the staff and the Commission on miscellaneous
issues and projects that aze ongoing within the City.
~L ADJOURN
Chairman Waters declazed the meeting duly adjourned at 6:40 P.M.
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Page 4 of 4
• Planning & Zoning Commission
Minutes of February .17, 1994
Respectfully submitted,
Peggy Le
Planning a ent Secretary
Approved on this 'the 17th day of March, 1994.
• B W ers
Planning and Zoning Commission Chairman
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• CORONET ESTATESIBATTLEGROUND ESTATES
REPEAT REQUEST
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• Staff Report Marc>i 17, 1994
• Coronet Estates/Battleground Estates Subdivision
A replat has been requested for several lots in the Coronet Estates and Battleground
Estates Subdivisions. The lots are to be replatted as follows:
• A portion of Lot 1; Coronet Estates will be replatted as Lot lA; Coronet
Estates
• A portion of Lot 1; Coronet Estates and Lots 164; 165; 166; Block 7;
Battleground Estates, Section I will be replatted as Lot 1B; Coronet Estates
• A portion of Lot 1; Coronet Estates and Lots 156; 157; 158; 159; 160; a
portion of Lot 161; Block; Battleground Estates, Section I will be replatted as
Lot 1C; Coronet Estates
• Lot 9; Coronet Estates will be replatted as Lots 9A and 9B; Coronet Estates
• Lot 7; Coronet Estates will be replatted as Lots 7A; 7B; 7C; 7D; 7E; Coronet
Estates
An unexpected delay has prevented the applicants from submitting the completed replat
document. Staff requests that this matter be tabled and once opened, the public hearing
be continued until April 21, 1994. This is the date of the next scheduled Commission
Meeting.
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ROPES AND ROLEXES SUBDIVISION
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Staff Report -March 17, 1994 "
Ropes and Rolexes Subdivision -Preliminary Plat
(See Map Exhibit A)
The Ropes and Rolexes Subdivision will be an eight lot residential subdivision. It is to be
located on a tract of property situated between Robinson and Lomax School Road Based
on the provisions of Development Ordinance 1444, Ropes and Rolexes, at approximately
25 acres is classified as a major subdivision.
As such, it must undergo a two phase review/approval process. This submittal of a
Preliminary Plat represents the first phase of the process. The second phase of the process
will be Final Plat submittal. Since the subdivision is not being developed in sections, a
General Plan is not required.
In reviewing this submittal, staff first considered Zoning and Comprehensive Plan issues.
The Ropes and Rolexes Subdivision complies with all applicable requirements. A
Zoning/Comprehensive Plan Checklist is attached and follows this report. This checklist
details the issues considered as part of this review.
• Using Section 4.03 and Appendix "D" of the Development Ordinance as a guide, staff has
reviewed this subdivision and found it to be insubstantial but not complete compliance with
applicable requirements. A Preliminary Plat Checklist is attached and follows this report.
This checklist details the issues considered as part of this review. The checklist also includes
staffs comments and concerns.
Development Ordinance Section 4.0313 requires that subsequent to its review, the
Commission take one of the following actions regarding Preliminary Plat submittals:
1. Approve the Preliminary Plat as filed;
2. ConditionalY +~Approve the Preliminary Plan as filed, provided the reasons are stated
in writing and a copy of the statement is signed by the Chairman of the Planning and
Zoning Commission;
3. Disapprove the Preliminary Plat as filed, provided the reasons are stated in writing
and a copy of the statement is signed by the Chairman of the Planning and Zoning
Commission.
As noted, this submittal is in substantial but not complete compliance with ordinance
requirements. Based on this determination, staff recommends granting conditional approval
• of this request.
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Planar and Zoning Commission
• Ropes 8c Rolexes Subdivision
Staff Report of 3/17/94
Development Ordinance Section 4.03 "c" states: "Conditional Approval requires submission
of an amended Preliminary Plat and additional documentation as specified by the Planning
Commission for final Commission approval."
Staff requests that the Commission consider the following points:
The subdivision is being developed in a single section.
There will be no internal streets.
All utility mains (water, sewer, gas, etc.) will be located in existing street
rights-of--way outside the boundaries of the subdivision. The only lines on
subdivision property will be private service lines.
Based on the above considerations, staff requests that the Commission allow the developers
to incorporate the required changes into the Final Plat document. The Commission could
then undertake Final Plat review (which will include issues such as covenants and money
in lieu of parkland) without the need for another Preliminary Plat document.
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I. Zoning Issues:
A. Property Zoning:
B. Ordinance Issues:
ZONING/C~PREHENSIVE PLAN ISSUF~ECKLIST
Development Name: Ropes & Rolexes
Type of Development: Residential subdivision
Location: Lomax School Road
Date of Commission Review: March 17. 1994
R-1. Low Density Residential
1. Minimum lot area:
2. Minimum lot width:
3. Setbacks:
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Adequate
Adequate
a. Yard: Adequate
b. Conservation areas: Not applicable
4. Minimum Site Area: Adequate
5. Density (dwelling units per acre): Adequate: DUA = 3.1
II. Comprehensive Plan Issues:
A. Land Use Plan: Conforms
B. Thoroughfare Plan: Conforms'
C. Utilities Plan: Conforms"
D. Open Space/Pedestrian Plan: Not applicable
E. Beautification/Conservation Plan: Not applicable
F. Safety Plan: No impact
G. Park Zone: Located in Park Zone IV"'
Comments•
• Tr roperty on Lomax School Road face of subdivision being dedicated for future r-o-w widening.
~~Agreement for extension of water and sewer mains in Lomax School Road r-o-w currently being ne otg• fated.
Reviewed By. ~!,I~~~~~ Date• / / G
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PRELIMINARY PLAT CHECKLIST
(See Appendix D, Pages 1-3, Ordinance 1444 for complete information regarding the items
listed below.)
Development Nazne: Ropes & Rolexes
Type of Development: Residential Subdivision
Location: Lomax School Road
Date of Commission Review:
March 17. 1994
A. Graphic Contents
1. Name of Subdivision:
2. 'I~-ne of Development:
3. Description of Land:
4. Separate Properties:
5. Name of Developer:
6. Name of Planning Consultant:
7. Filing Date•
8. Scale°
9. North Arrow:
10. Key Man:
11. Perimeter Boundaries:
12. Adjacent Properties:
13. Physical Features:
Pro perly noted
Pro perly noted
Prop erly noted
Pro perly noted
Prop erly noted
Prop erly noted
Pro perly noted
Prop erly noted
Prop erly noted
Prop erly noted
Prop erly noted
Prop erly noted
Prop erly noted
14. Contour Lines:
Properly noted
15. Building_Lines: Not shown Lot 1: otherwise o.k.
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Preliminary Plat Checklist Cont'd
Page 2 of 2
16. Layout & Identification:
17. Condominiums:
18. Reserves:
19. Streets:
20. Street Names:
21. Utility Easements:
22. Flood Hazard Area:
23. Survey Monument Tie In:
24. Survey Control Monuments:
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25. Schematic Utility Layout:
(If Applicable)
B. Documentation
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Not applicable
Not applicable
Not applicable
N jA except Lomax School Road'
Not applicable
Properly noted
Not applicable
Properly noted
Not shown"
Not applicable
1. La Porte Development Checklist: Submitted: placed in file.
2. Title Certificate: Not submitted"'
3. Utility Schematics: Not avplicable
Comments•
Lomax School Road is to be widened and extended to S.H. 225. Staff and developer are currently
ne otg• iating the amount of property to be dedicated for future road widening.
5 control monuments are required and must be located as follows: 2 on Lomax School Road: 2 on
Robinson Road• 1 at the southeast comer of Lot 1.
This is a letter (in form specified by ordinance verif n~ng_property ownership. It must be submitted prior
to the next Commission review.
Reviewed By: Date: -o ~A
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POT-BELLIED PIGS
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• Staff Report Pot-Bellied Pigs March Y7, 1994
Background•
At the February 14, 1994, City Council meeting, two citizens (Ms. Weber and Ms. Garcia)
addressed the Council regazding the La Porte Zoning Ordinance and its lack of recognition
of pot-bellied pigs as pets.
The City Council has requested that the Planning and Zoning Commission review the
request and make a recommendation to the City Council on the issue.
Analysis:
Pot-bellied pigs as pets are a new phenomenon that has been crossing the country over the
last decade or so. The animals, as aze all swine, aze intelligent and very capable of being
trained. This training ability, which includes being housebroken, has allowed the animals
to be accepted in many homes. They typically are dwarf sized animals growing to a
• maximum size of less than 100 pounds and like air other domesticated animal tend to
become members of their households.
There are a number of problems that either have been experienced by La Porte Animal
Control Officers or have been detailed in seminars attended by at least one area
veterinarian. These problems include:
1. Inability to identify with 100% certainty that a young piglet is spot-bellied
pig. 't'his could result with an owner having to deal with a 300 pound swine
at some point.
2. Curiosity level of the animal. They subsequently can become very adept at
escaping backyazds and wandering azound the neighborhood.
3. These animals can be very noisy when disturbed or upset. Many of the
complaints that have been received by the City are as a result of the noise
created by the animal.
Several other cities i:a the area were contacted by staff to determine if and how they allow
the animals inside their corporate limits. These cities include Peazland, Alvin, Friendswood,
and League City. As a result of this survey, the following information was obtained:
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Plann~ and Zoning Commis.~ion
• Pot-Bellied Pigs :~y
Staff Report of 3/1?/94 _
Page 2 of 2
1. All cities consider pot-bellied pigs to be part of the swine family.
2. No city distinguishes or sets out pot-bellied pigs as a sepazate group.
3. The range of control on swine was from a complete prohibition of swine to
allowing swine 1,000 feet or more from a residence.
The more important issue to be considered in whether or not to allow pot-bellied pigs is
something much larger in scope. That is the issue of how can you discriminate one type of
livestock from another in considering it as a pet. I.a Porte has a number of people who
raise many types of animals which include rabbits, ducks, geese, horses, cattle and even
emus. Where cant a line be drawn to separate one animal from another? Many people
raise cattle that aze pets and lead them azound on leashes, but does that make the animal
a true pet that you would like to have in your neighbor's backyazd? Abetter case could be
made for a rabbit as a pet than pot-bellied pigs. Rabbits can be confined in a small space,
kept in relatively healthy conditions and never make noises that would disturb neighbors.
• Yet we regularly request that they be removed from residential neighborhoods.
These problems identified above aze not the only ones. There aze still problems such as
1) enforcement of regulations; 2) who defines the animal as spot-bellied pig and; 3) deed
restrictions violations.
StatY Recommendation:
After careful consideration of the issue, the staff would recommend that no change be made
to the Zoning Ordinance for the following reasons:
1. It would be inherently unfair to distinguish pot-bellied pigs from other
members of the swine family as well as other livestock animals for
consideration as pets.
2. The problems created by the animals, including noise and animals roaming
at lazge.
3. The inability of the staff to determine or distinguish between pot-bellied pigs
and other swine.
• 4. It could possibly create deed restriction violations in many subdivisions which
_ in turn would put a burden on homeowners to enforce.
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