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HomeMy WebLinkAbout07-20-1995 Regular Meeting of the La Porte Planning and Zoning Commission• • MINUTES PLANNING & ZONING COMNIISSION MEETING July 20, 1995 Members Present: Chairman Betty Waters, Commission Members Chuck Engelken, Dottie Kaminski, Eugene Edmonds, Margaret Anderson, Howard Ebow, Melton Wolters Members Absent: City Staff Present: Planning Director Guy Rankin, Building Official Mark 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. ADMINISTER OATH OF OFFICE A. NEWLY APPOINTED COMMISSION MEMBER B. REAPPOINTED COMMISSION MEMBERS John Armstrong administered the Oath of Office appointing Melton Wolters as a new member and reappointing Howard Ebow and Dottie Kaminski. III. APPROVE MINUTES OF THE MAY 18, 1995, PLANNING AND ZONING COMMISSION PUBLIC HEARING AND REGULAR MEETING A motion was made by Maggie Anderson to approve the minutes. The motion was seconded by Chuck Engelken. All were in favor and the motion passed. 1V. INTRODUCTION OF PLANNING DIRECTOR Chairman Waters introduced Guy Rankin as the City's new Planning Director. • • Page 2 of 4 Planning & Zoning Commission Minutes of July 20, 1995 V. CONSIDER APPROVAL OF FINAL PLAT FOR THE RISEN VALLEY SUBDIVISION, WHICH IS TO OCCUPY A 6.8094 ACRE TRACT OF PROPERTY LOCATED AT THE INTERSECTION OF VENTURE AND ASHTON LANES Mark Lewis reported that the Risen Valley Subdivision is a 6.8094 acre, five lot subdivision and as such is classified as a minor subdivision. It will be comprised of 4 single family residential homesites and a site for the Resurrected Life Church. The Developer is presenting the plat for Final Plat approval. Mr. Lewis noted that the City Attorney's office has reviewed and approved the covenants for the subdivision. Staff has reviewed the Final Plat for compliance with City Ordinance and subject to the following conditions, recommended approval of the Final Plat: 1. 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. • 2. The Developer must pay $700 to the City in lieu of park land. This money will be placed in an escrow account by the City to be utilized in Park Zone One. Mr. Lewis noted that staff would withhold signatures and release of the plat for recordation until these outstanding issues are resolved. John Armstrong reminded staff to make sure the City receives a Letter of Agreement from the Developer regarding dedication language for the private easement. This letter will exonerate the City of La Porte from responsibility for maintaining the easement. A motion was made by Eugene Edmonds to approve the Final Plat of the Risen Valley Subdivision, contingent upon these items being resolved. The motion was seconded by Howard Ebow. All were in favor and the motion passed. VI. CONSIDER APPROVAL OF FINAL PLAT FOR THE GRY SUBDIVISION, WHICH IS TO OCCUPY A 0.896 ACRE TRACT OF PROPERTY LOCATED AT 2631 UNDERWOOD ROAD Mr. Lewis reported that the GRY Subdivision is a 0.896 acre tract that is being i platted as a single lot commercial subdivision and is to become the site of a new restaurant. Due to its size, it is classified as a minor subdivision. Since it will be • • • Page 3 of 4 Planning & Zoning Commission Minutes of July 20, 1995 comprised of a single lot, a property owner's association, covenants, and deed restrictions will not be necessary. As a commercial subdivision, dedication of park land will not be required. Staffs review of the plat found it to be in compliance with all applicable ordinance requirements. Staff noted the following information: 1. All utilities shall be below ground with the exception of electrical, which is currently in place overhead. 2. 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. 3. Staff reviewed the existing utilities (ie. water, storm) and found them to be adequate to facilitate this subdivision. A sanitary sewer line is required for this development. This line will be extended north from Spencer Highway to and through the subdivision. Plans, contract • documents, and specifications, as well as a 16' utility easement, dedicated to the City, are being prepared for City approval. Mr. Lewis noted that staff would withhold signatures and release of the plat for recordation until final approval has been granted for construction of the required sanitary sewer extension. Staff recommended Commission approval of the Final Plat. A motion was made by Howard Ebow to approve the Final Plat for the GRY Subdivision subject to the City receiving an executed Utility Extension Agreement for the sanitary sewer extension. The motion was seconded by Chuck Engelken. All were in favor and the motion passed. VII. STAFF REPORTS There were none. VIII. ADJOURN i Maggie Anderson made a motion to adjourn. Chairman Waters declared the meeting duly adjourned. • Page 4 of 4 Planning & Zoning Commission Minutes of July 20, 1995 Respectfully submitted, Peggy Lee Planning epartment Secretary Approved on this the 2nd day of November, 1995. Be T. aters • Planning and Zoning Commission Chairman • • • • KROGER FAIRMONT PARKWAY CENTER SUBDIVISION PRELIMINARY PLAT • . STAFF REPORT • KROGER - FAIRMONT PARKWAY CENTER SUBDIVISION PRELIMINARY PLAT Type of Development: Major Subdivision -Commercial Retail Location: 1300 block of Fairmont Parkway (See Exhibit A) Zoning: General Commercial/Light Industrial Background: The proposed Kroger -Fairmont Parkway Center is to occupy an 11.067 acre tract of property located in the 1300 block of Fairmont Parkway. As designed, the center will have frontage on both Fairmont Parkway and State Highway 146. The Center will be comprised of five (5) lots intended for sale to individual owners. This is the reason for designating the project as a subdivision rather than a major development. Under the terms of the Development Ordinance 1444, the center is • considered to be a major subdivision. This is based on the size of the development (in excess of 10 acres). The Development Ordinance mandates a two stage approval process for major subdivisions. The first stage is preliminary plat review and approval. 'This will be followed by submittal of a separate final plat. Analysis: Criteria for the review and approval of subdivision plats are established by Section 4.03 of the Development Ordinance. Staff has reviewed the preliminary plat using these criteria as a guide and finds the document to be in substantial compliance with ordinance requirements. Staff has also reviewed the plat for conformance with zoning regulations and the goals and intent of the Cii}~s Comprehensive Plan. A summary of this review follows. Zoning Issues Zonin :The tract in question extends into two separate zoning districts, General Commercial and Light Industrial (See Exhibit B). The retail, commercial development intended for this center is permitted in both zoning districts. Lots: All of the five lots are sized and configured in a manner that will allow development in manner that will satisfy zoning Page 1 of 5 • • i ordinance requirements. Comprehensive Plan Issues Land Use: As indicated by the zoning designation, the proposed subdivision is compatible with the underlying "Commercial Use" designation assigned to this general area. Thoroughfare: State Highway 146 and Fairmont Parkway are both major thoroughfares. Highway 146 is a "Controlled Access Highway." The Texas Department of Transportation is currently reviewing the location of the proposed driveway entrance on the 146 face of the property. Fairmont Parkway is a "Semi-controlled Access Highway." Driveway locations on this face of the property will be primarily regulated by the City through zoning and development ordinance regulation. Harris County will also exercise jurisdiction over location of esplanade cuts. The issue of driveway location is currently being reviewed, and all recommendations will be determined before final plat approval is granted. Development of right turn, or "refuge" • lanes at certain driveway entrances are under examination as per previous Planning and Zoning Commission recommendations. Approval of the preliminary plat does not affect the review and approval of curb cuts, driveways, and cross-overs. Stormwater Plan: The Fairmont Parkway storm water system was designed to accommodate the property on which this subdivision is to be developed. There is no need for on site detention. The City Engineer, along with the Texas Department of Transportation, Harris County Flood Control District, and the Developer, will determine the stormwater flows for the site before final plat approval. Utility Plan: There is adequate potable water and sanitary sewer capacity existing in the area to serve the subdivision. Some abandonment of existing utilities will be necessary to accommodate construction of buildings within the subdivision. The easements proposed are adequate for service to all lots within the subdivision. They also appear to provide adequate easements to properties located around the subdivision's perimeter. Staff has forwarded copies of the preliminary plat • Page 2 of 5 • to all of the City's franchise utilities with a request for their reviews. Staff feels comfortable enough with the proposed easement configurations to recommend their approval at the preliminary plat level. As required by the Development Ordinance, letters of approval from each of the City's franchise utilities will be required as a condition of Commission approval of the final subdivision plat. DeveloQment Ordinance Issues: Plat document: Staff has reviewed the plat document and found that as prepared, it satisfies Development Ordinance criteria for graphic contents. Utility schematics: Staff has reviewed the single line utility plan drawings. As proposed the subdivision utility plan is satisfactory. Title Certificate: The title letter submitted by the applicants satisfactorily documents property ownership. It verifies that no • delinquent City or County taxes are due on the properties included in the tract. The letter also, however, indicates that the applicants' do not at this time, own all of the property under consideration. Notarized letters from each of the actual property owners, authorizing the applicants to act as their agents for purposes of submitting the preliminary plat must be submitted to the City. Approval of the preliminary plat cannot be granted until letters have been provided. Pedestrian System Plan: At this time, the "Pedestrian System" component of the Comprehensive Pian does not call for the installation of public sidewalks in any of the rights-of--way abutting the perimeter of the proposed subdivision. It is, however, within the scope of the Commission's authority to require public walks if they should so choose (Section 5.02, Development Ordinance 1444). In considering this issue, staff would note that the proposed development, when constructed, will largely define the character of the area between SH 146 and South 16th Street. Based on this consideration, staff would recommend sidewalk installation for this and future projects to be located between SH 146 and • Page 3 of 5 • • • South 16th Street on Fairmont Parkway. In regards to this project, should the Commission choose to ask for sidewalks, they should be addressed in the subdivision covenants that will be filed in conjunction with the final plat. The covenants would need to specify responsibility for installation and maintenance of public walks. Street and alle~,closing: The street and alleys included as part of this plat are currently open. The applicants are concurrently with their plat submittal, pursuing closure of these rights-of--way. Preliminary plat approval cannot be granted until such time as these closures have been successfully completed. Formal street and alley closing approval will be through City Council. Conclusion: Development Ordinance Section 4.03B requires that within thirty calendar days of filing, which was October 18, 1995, the Commission take one of the following actions regarding preliminary plats. 1. ApQrove the Preliminary Plat as filed; • 2. Conditionally approve 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 Commission. 3. Disapprove the Preliminary Plat as filed, provided, the reason for such disapproval are stated in writing and a copy of the statement is signed by the Chairman of the Planning commission. Recommendation: Staff, based on its review, finds the Kroger-Fairmont Parkway Center preliminary plat to be insubstantial compliance with all applicable City regulations. However, based on the outstanding items discussed in the preceding report, letters from property owners, and street and alley closures, approval cannot yet be granted. Staff therefore recommends granting conditional approval to the preliminary plat. (Approval of the final plat will be subject to these conditions being satisfied.) The specific conditions are: Notarized letters from record property owners authorizing the applicants to present the preliminary plat • Page 4 of S • • on their behalf. • • Closure of the streets and alleys located within the plat boundaries. • If the Commission desires, inclusion of public sidewalks on the Fairmont Parkway and Hwy. 146 faces of the property. The effect of a conditional approval will be as follows: • Applicant may submit final plat, covenants, and supporting documents for review and consideration by the Commission. • Applicant may submit construction plans for public improvements within the subdivision, • With closure of streets and alleys by City Council, submittal of owner's letters and satisfaction of conditions specified by the Development Ordinance, the final plat • may be approved. • With final plat approval, the City will issue an authorization to begin construction of public improvements. • With completion and acceptance of public improvements, the final plat will be released for recordation. • Page S of 5 • • • • ~~ ~~ D_ O ~ ~ ~ ~ .... S..1.5th...ST, .. ......................... . S.H. 146 • z ... ~ ~ FAIRMONT PARK EAST COMMERCIAL SUBDIVISION #2 • ALA CAR PORTE) MINOR SUBDIVISION PLAT • • • r~ Staff Report Minor Subdivision Plat November 2, 1995 Fairmont Park East Commercial Subdivision #2 The Fairmont Park East Commercial Subdivision is an approximately 0.8060 acre, single lot subdivision. It is locaxed in the 10600 block of West Fairmont Parkway. Staff; using Appendix D of Development Ordinance 1444 as a guide, has reviewed this plat and found it to comply with all applicable City requirements. A reduced scale copy of the plat is attached and identified as Exhibit A. A checklist detailing the issues considered during review is attached and follows this report. Section 4.04 of the Development Ordinance requires covenants to be submitted in conjunction with the Final Plats. The purpose of these covenants is to create "an association of lot owners charged with promoting recreation, health, safety and welfare...[providing] improvements and maintenance of any common areas, compensating open space, private streets, alleys or parking areas. The association shall be empowered to levy assessments to be used exclusively in the enforcement of the covenant.. " This is a single lot subdivision with a single owner. There are no private streets, alleys or common open spaces. As a commercial subdivision, there is no need for recreational facilities. With a single owner there is no need or means for establishing an owner's • association. There is no need or means for the levy of assessments. Based on these considerations, staff would request and recommend that the Commission waive the requirement for subdivision covenants. Development Ordinance Section 4.04.B requires that following review, the Commission take one of the following actions: Approve the Final Plat as filed; 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 and Zoning Commission. Staff; as noted, finds this plat to comply with applicable City Ordinance and therefore recommends approval. • • • CITY OF LA PORTS DEVELOPMENT ORDINANCE CHECKLIST FINAL PLATS (APPENDIX D) Development Name: Fairmont Park East Commercial Subdivision #2 Type of Development: Commercial Subdivision Location: 10600 Block of West Fairmont Parkway Date of Commission Review: November 2. 1995 • • • • • 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 1. Name of owner (if a company or Y (~ N ( ) ( ) corporation, list name and title of authorized representative). 2. Name of registered engineer or survevor (~ ( ) ( ) who prepared Final Plat. 3. Legal boundary description of (~ ( ) ( ) 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 (~ ( ) ( ) appropriate: a. Owners' Acknowledgement (~ ( ) ( ) (Enclosure 1) b. Lienholders' Subordination ( ) ( ) Agreement (Enclosure 2) c. Plat Accuracy Certificate (V) ( ) ( ) (See Appendix F) d. Final Survey Certificate (~ ( ) ( ) (See Append'oc F) e. Approving Authority Cert~cate (~ ( ) ( ) (Enclosure 3) f. Amending Plat Certificate ( ) ( ) (Enclosure 4) g. Vacation of Subdivision Plat ( ) ( ) (Enclosure 5) h. Hams County Clerk Filing (t/ j ( ) ( ) Statement (Enclosure 6) :7 e • Development Ordinance Ch st Final Plats (Appendix D) • SHOWN Y N i. Retum Map Agreement (~ ( ) ( ) (Enclosure ~ j. Special Statements ( ) ( ) ( (Enclosure 8) DOCUMENTATION: 1. Proposed Streets: Submit complete ( ) ( ) public street construction drawings for approval by the Director of Community Developmenrt. (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 Consent: 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 Development Ordinance ChecRfist • Final Plats (Appendix D) • SHOWN Y N 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 specrfied by the City Planning Commission in conditionally approving the Preliminary Plat. Comments: i • Signature: Date: ~~'-~ ~~ • • • STAFF REPORT • • INTER-OFFICE MEMORANDUM TO: Mrs. Betty Waters, Chairman, Planning and Zoning Commission FROM: Guy Rankin, Director of Planning ~~ SUBJ: ~ Fencing Standards DATE: October 26, 1995 Section 10-508 of the Zoning Ordinance establishes the fencing standards that apply in all the City's Zoning districts. Staff, at the request of the City Manager, is undertaking a review of these standards, specifically looking at issues such as height, setback, and construction materials. It is our intention, at the next regularly scheduled Planning and Zoning meeting, to present the Commission with a report regarding fencing standards. Should any Commission members have any comments, questions or concerns regarding fencing standards, we would appreciate them being forwarded to staff. We will make sure they are addressed in our report. The report, when brought forward, will be presented as a discussion item. Following discussion, should the Commission wish to incorporate any changes into the Zoning Ordinance, staff will take action to schedule a public hearing. After consideration of the possible amendments in public hearing, they will be forwarded to City Council with the Commission's recommendation. xc: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission Members •