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HomeMy WebLinkAbout05-18-1995 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission• • OATHS OF OFFICE • • • • OATH OF OFFICE • I, Melton Wolters , 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 swear (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 reward to secure my appointment. So help me God. __ ~~~-~J Melton Wolters • SWORN TO and subscribed before me, this the 20th day of July, 1995. ~~~ ~~~~ Fy„~Uj{~~~ pEGGY LEE ggY +"~ ~~~« .. ~ °~ T ~ Not Public fort State of Te as • • • OATH OF OFFICE I, Howard Ebow , 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 swear (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 reward to secure my appointment. So help me God. SWORN TO and subscribed before me, this the 20th day of July, 1995. ~`~f.......~4,~ ~r Peggy Lee ~~"~ •..~ `' PEGGY LEE ,. ~: i~uEic ~• ,y sane of Texas Notary Public for the State of Texas f~'~,• ~' `~* Commission Expires 09-19.95 ao c: • OATH OF OFFICE C~ I, Dottie Kaminski , 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 swear (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 reward to secure my appointment. So help me God. C Dottie Kaminski SWORN TO and subscribed before me, this the 20th day of July, 1995. ~~~ '+~`~r'~w`¢': PEGGY LEE Peggy Lee ~•'~ ~(x/A],~[~ •'° ~~-r Laic Notary Public for the State of Texas ~. • ` i'h i State Ot Texas i•• . v ~~f ....... ~t f ,, .` „r i",ommisston Expires 0919-95 00 • , • MINUTES • • . MINUTES PLANNING & ZONING COMMISSION MEETING MAY 18, 1995 Members Present: Chairman Betty Waters, Commission Members Chuck Engelken, Dottie Kaminski, Eugene Edmonds, Margaret Anderson, Howazd Ebow, Inge Browder Members Absent: City Staff Present: Building Official Mazk Lewis, 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. II. APPROVE MINUTES OF THE FEBRUARY 16, 1995, MEETING. A motion was made by Inge Browder to approve the minutes. The motion was seconded by Dottie Kaminski. All were in favor and the motion passed. III. OPEN PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING SPECIAL CONDITIONAL USE PERMIT #SCU95-002, WHICH HAS BEEN REQUESTED FOR THE PURPOSE OF ALLOWING CONSTRUCTION OF AN OFFSITE PARKING LOT TO BE CONSTRUCTED ON LOTS 24-29 OF BLOCK 59; TOWN OF LA PORTE, WHICH IS FURTHER DESCRIBED AS BEING LOCATED IN THE 100 BLOCK OF NORTH 1ST STREET. Chairman Waters opened the Public Hearing. A. PROPONENTS Lawrence Maynard, owner of Super Plumbing Company located at 114 N. 1st St., addressed the Commission. He stated his company has outgrown its present location, however he is not in the position to expand the building at S this time. He is requesting a Special Conditional Use Permit that would allow him to construct parking spaces on his property across the street. Eventually • • Page 2 of 3 Planning & Zoning Commission Minutes of May 18, 1995 • he intends to erect a new building at that location. The additional parking would provide a place for their trucks, keeping them from being parked on the street. B. OPPONENTS There were none. Mr. Lewis began staffs report by noting public notices (17) were mailed to surrounding property owners. Five replies were received in favor and none in opposition. No letters were returned undeliverable. Mr. Lewis noted the applicants intend to construct a parking lot on their property across the street from the present Super PlumbeF-location. This would provide immediate relief from their current parking problems and will serve as the parking area for the new building once it is constructed. Staff recommended Commission approval of the request. • IV. CLOSE PUBLIC HEARING Chairman Waters closed the Public Hearing. V. CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU95-002 A motion was made by Eugene Edmonds to approve Special Conditional Use Permit Request #SCU95-002. The motion was seconded by Dottie Kaminski. All were in favor and the motion passed. VI. STAFF REPORTS There were none. VII. ADJOURN A motion was made by Inge Browder to adjourn. Chairman Waters declared the meeting duly adjourned at 6:18 P.M. .. • • Page 3 of 3 Planning & Zoning Commission Minutes of May 18, 1995 Respe y submitted, Peggy Lee Planning Department Secretary Approved on this the 20th day of July, 1995. ~ __ ~ ~ ~2~/ betty Waters Planning and Zoning Commission Chairman • • .. • • • RISEN VALLEY SUBDIVISION • • • Staff Report Risen Valley Subdivision July 20, 1995 Background: The Risen Valley Subdivision is a 6.8094 acre, five (5) lot subdivision out of the Brookglen Street Dedication Plat Recorded in Volume 198, Page 76, of Hams County Map Records. It is situated at the intersection of Venture and Ashton Lanes, east of Luella Blvd. The subdivision will be comprised of four (4) single family residential homesites and a site for the Resurrected Life Church (see attached). This plat does not attempt to alter, amend, or remove any covenants or restrictions to the original plat of the Brookglen Street Dedication. This is duly noted on the plat. Based on the acreage involved, Risen Valley is, under the terms of Development Ordinance No. 1444, classified as a minor subdivision. Due to the size and simplicity of the subdivision, the Developer has elected to present the plat in final form. This is permitted per Development Ordinance No. 1444. Staff, as required by Ordinance 1444, has reviewed the Final Plat for conformance with the requirements specified in the Development Ordinance, Appendix "D". In performing this review, staff has found the following: A. Graphic Contents • 1. Name of Owner: Properly noted. 2. Name of Engineer or Surveyor: Properly noted. 3. Legal Boundary Description: Properly noted. 4. Legal and Special Statements: Properly noted. B. Documentation 1. Proposed Streets: Not applicable. There are no internal streets proposed for this subdivision. All lots will have access via Ashton Lane. 2. Proposed Utilities: Not applicable. No internal utility easements are proposed for this subdivision that are to be dedicated to the City or franchised utilities. 3. Coordinate Listing: Properly noted. .. • • . Page 2 of 3 Risen Valley Subd. Staff Report of 7/20/95 4. Utility Company Letters: Not applicable. Subdivision will be serviced by existing utilities located on Ashton and Venture Lanes. No new utility easements are proposed. 5. Private Easements: Private easements to Lots 4 and 5 for the sanitary sewer serving Lots 4 and 5 will be granted by the Owners of Lots 2 and 3. The easements will contain sanitary sewer service lines only and is to be duly noted on the plat document. 6. Residential Park Land: The applicant, as specified by Ordinance, will pay $700 to the City in lieu of park land. This is based on the rate of $175 per residential lot, as specified by the Development Ordinance. This money will be placed in an escrow account by the City to be utilized in Park Zone One. 7. Conditional Approval Documents: Not applicable to this plat. 8. Monuments: An existing City of La Porte monument is located at Luella and Venture, which is within 1,100' of the Risen Valley Subdivision. Based - on the small size of the proposed subdivision and proximity of the existing monument, additional monumentation is not deemed necessary. The City Attorney's office has reviewed and approved the covenants for this subdivision. One item which will need to be addressed prior to releasing the plat for recordation is street lighting. The Developer will need to obtain a Lighting Plan from Houston Lighting and Power Company and have it approved through the City as well as pay for associated construction cost and one year's service cost. In addition, Section 5.02 of the Development Ordinance allows the Commission to direct the Developer to construct sidewalks. They are not required by the Comprehensive/Pedestrian Plan in this area, however would be recommended along Ashton and Venture Lanes. The Developer has been made aware of the outstanding items noted above and is currently working on them for presentation to the City prior to recordation of the plat. Section 4.04B of the Development Ordinance states that within thirty days of the filing date, • the Commission must take one of the following actions: 1. Approve the Final Plat as filed; Page 3 of 3 Risen Valley Subd. Staff Report of 7/20/95 • 2. Disayyrove 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. Should the plat be disapproved, the applicant will be required to refile a new, amended Final Plat. Should the plat be approved, the applicant would normally be authorized to begin construction of public improvements within the subdivision. Because, in this subdivision there are to be no public improvements, the applicant will move directly to the recordation process after resolving the street light issue. Based on the facts and considerations noted above, staff recommends approval of the Risen Valley Subdivision Final Plat. Staff will, at the direction of the Commission, withhold signatures and release of the plat for recordation until the outstanding issues noted in this report are resolved. . In summary, they are as follows: 1. Private easement dedication and language regarding service lines has been added to the plat. 2. Street lighting plan, approved by Houston Lighting and Power Company is submitted to the City. Payment for cost of street light installation and one year's service shall be paid to the City. 3. Payment of $700 in lieu of park land dedication is made to the City. • ' • • ~ GRY SusuxvxsxoN • • • Staff Report GRY Subdivision July 20, 1995 The proposed GRY Subdivision is a 0.896 acre tract of property located at the northeastern corner of the West Main/Underwood Road intersection (see Exhibit "A"). The property is being platted as a single lot commercial subdivision and it is to become the site of a new restaurant. Based on the acreage involved, GRY is, under the terms of Development Ordinance No. 1444, classified as a minor subdivision. Due to the size and simplicity of the subdivision, the Developer has elected to present the plat in final form. This is permitted per Development Ordinance No. 1444. Given the fact that GRY will be comprised of a single lot, a property owner's association will not be required. Neither will covenants or deed restrictions be necessary. Also, based on its designation as a commercial subdivision, dedication (or payment in lieu) of parkland will not be required. -~ Appendix D of the Development Ordinance details the requirements that a final plat must satisfy. Exhibit "B" is a checklist of Appendix D requirements. Staff has reviewed this plat and as noted on Exhibit "B", found it to be in compliance with all applicable ordinance requirements. Staff offers the following information/confirmation in addition to Exhibit "B". • All utilities shall be below ground with the exception of electrical, which is • currently in place overhead. Section 5.02 of the Development Ordinance allows the Commission to direct the Developer to construct sidewalks. They are not required by the Comprehensive/Pedestrian Plan in this area, however would be recommended along Underwood Road. Staff reviewed existing utilities (ie. water, storm) and found them to be adequate to facilitate this subdivision. As noted on the checklist, a sanitary sewer line (City main) is required for this development. The line will be extended north from Spencer Highway to and through the subdivision. Plans, contract documents, and specifications, aswell as a 16' utility easement, dedicated to the City, are being prepared for City approval. Section 4.04B of the Development Ordinance states that within thirty days of the filing date, the Commission must take one of the following actions: 1. Apvr, ove 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 r: • shall be distributed to the developer, Department, and official files of the Commission. 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. Disa~yroval of a Final Plat requires filing of a new Final Plat. Staff finds this plat to comply with all applicable ordinance requirements and, therefore, recommends approval of the GRY Subdivision Final Plat. Staff will, at the direction of the Commission, withhold signatures and release of the plat for recordation until final approval has been granted for construction of the required sanitary sewer extension. • • • CITY OF LA PORTE DEVELOPMENT ORDINANCE CHECKLIST FINAL PLATS (APPENDIX D) Development Name: GRY Subdivision Type of Development: Commercial Subdivision Location: 2600 Block of Underwood Date of Commission Review: July 20, 1995 • ~xHtB~'T • CITY OF LA PORTE DEVELOPMENT ORDINANCE CHECKLIST FINAL PLATS (APPENDIX D) FINAL PLATS MUST CONTAIN ALL ELEMENTS OF THE APPROVED PRELIMINARY PLAT PLUS THE FOLLOWING: GRAPHIC CONTENTS: SHOWN Y N 1. Name of owner (if a company or (X) ( ) ( ) corporation, list name and title of authorized representative). 2. Name of registered engineer or surveyor (X) ( ) ( ) who prepared Final Plat. 3. Legal boundary description of (Xa ( ) ( ) subdivision, consisting of a metes and bounds description of each line between each boundary point. This description may be in written or tabular form. 4. Legal and special statements, where (X) ( ) ( ) • appropriate: a. Owners' Acknowledgement (X) ( ) ( ) (Enclosure 1) b. Lienholders' Subordination (X) ( ) ( ) Agreement (Enclosure 2) c. Plat Accuracy Certificate (X) ( ) ( ) (See Appendix F) d. Final Survey Certificate (X) ( ) ( ) (See Appendix F) e. Approving Authority Certificate (X) ( ) ( ) (Enclosure 3) f. Amending Plat Certificate ( ) ( ) (X ) (Enclosure 4) g. Vacation of Subdivision Plat ( ) ( ) (X ) (Enclosure 5) h. Harris County Clerk Fling (X) ( ) ( ) Statement (Enclosure 6) • EXHi~ri' $ Development Ordinance Check Final Plats (Append'a D) • i. Return Map Agreement (Enclosure 7) j. Special Statements (Enclosure 8) DOCUMENTATION: 1. Proposed Streets: Submit complete public street construction drawings for approval by the Director of Community Development. (See PICM for criteria for street construction documents.) 2. Proposed Utilities: Submit complete public utility construction drawings for approval by the Director (See PICM for criteria for utility construction . documents.) 3. Coordinate listing: A complete list of coordinates for each point to be marked in the final field survey. Each point on the list is to be assigned a unique number code. A copy of the Final Plat, marked with the locations of each number code, is to be submitted as well. 4. Utility Company Letters: Letters from servicing utility companies approving the easements shown on the plat for their use. 5. Private Easements: A copy of the instrument(s) establishing private easement(s) within the subdivision. 6. Private Easement Holders Conserrt: A letter, statement or instrument from the holder of any privately owned easement or fee strip within the subdivision boundaries approving any crossings of said existing easement or fee strip by proposed streets, utilities, or easements • shown on the plat. If adjustment of existing utilities is required, said letter shall specify the nature of the adjustments and the approval of the owner for such adjustment. SHOWN Y N NA (X) ( ) ( ) ( X) ( ) ( ) ( ) ( ) (X) ( ) ( ) ( ) * See Note Page 3 ( X) ( ) ( ) ** See Note Page 3 ( ) ( ) (X) ( ) ( ) (X) ( ) ( ) (X) ~~~~ Development Ordinance Check Final Plats (Appendix D) • 7. Residential Parkland: Receipt for payment in lieu of required dedication of parkland, pursuant to Section 12.05 of the Ordinance or instrument of dedication pursuant to Section 12.10 of the Ordinance. 8. Conditional Approval Document: Any documents specified by the City Planning Commission in conditionally approving the Preliminary Plat. SHOWN Y IV N A (X) ( X) Comments: * Preliminary Enaineering complete for sanitary sewer line extension at rear of property. 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