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HomeMy WebLinkAbout10-17-1996 Planning and Zoning Commission Meeting of the La Porte Planning and Zoning CommissionMINUTES PLANNING & ZONING COMMISSION MEETING OCTOBER 17, 1996 Members Present: Chairman Betty Waters, Commission Members Chuck Engelken, Eugene Edmonds, Dottie Kaminski Members Absent: Howard Ebow, Melton Wolters, Michael Meredith City Staff Present: Director of Planning Guy Rankin, Chief Building Official Art Flores, Assistant City Attorney John Armstrong, City Manager Secretary Cazol Buttler, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting was called to order by Chairman Waters at 6:00 PM. II. APPROVE MINUTES OF THE AUGUST 7, 1996, SPECIAL CALLED MEETING AND PUBLIC HEARING. A motion was made by Chuck Engelken to approve the minutes of the August 7, 1996, meeting. The motion was seconded by Dottie Kaminski. All were in favor and the motion passed. III. OPEN PUBLIC HEARING REGARDING THE REPEAT OF WOODS ON THE BAY TOWNHOMES, S.2, WHICH IS FURTHER DESCRIBED AS 3.679 AC., W.P. HARRIS SURVEY, A-30, HARRIS CO., TERAS. THE REPEAT IS REQUESTED FOR THE PURPOSE OF ADJUSTING LOT SIZES TO ACCOMMODATE THE CONSTRUCTION OF TOWNHOMES. Chairman Waters opened the Public Hearing at 6:01 PM. Mr. Rankin reported that the proposed replat adds or enlazges some lots by reducing the size of others. The total net change will be an increase of one lot for the section. The applicants intend to build patio homes and townhomes on the remaining lots. Staff reviewed the replat request and determined that it satisfies applicable provisions of State Law and City Ordinance, however, the following outstanding items would need to be addressed. 1. Correct north-south distance from 110' to 111'. 2. Reference the existing 18' utility easement located south of Block 16. 3. Correct owner's name from F & I, Inc. to I & F, Inc. 4. Correct any individual owner's names as needed. Page 2 of 10 • • Planning & Zoning Commission Minutes of October 17, 1996 5. Correct any lienholder information as needed. 6. As part of Enclosure 1, add replatting reference to covenants/restrictions [Appendix D, Subdivision Plats (Page 8), City of La Porte Development Ordinance.] 7. Add Harris County Clerk Filing Statement (Enclosure 6), [Appendix D, Subdivision Plats (Page 15), City of La Porte Development Ordinance.] 8. Add Special Plat statement referring to Flood Hazard Areas, (Enclosure 8), [Appendix D, Subdivision Plats (Page 17), City of La Porte Development Ordinance.] 9. Shade any Flood Hazard Areas as required by Item H above. 10. Delete reference that Zone X will be shaded in Notes (#1) since Flood Hazard Areas must be shaded. A. PROPONENTS Bill Helm, 2525 Southshore Blvd., League City, one of the developers, addressed the Commission. Mr. Helm stated that prior to asking for the replat, every property owner in Section 2 was shown the proposed changes. Each property owner was then asked to sign an agreement showing they had no objection to the proposed replat. Mr. Helm noted that all owners agreed to sign. B. OPPONENTS Warren Ayres, Woods on the Bay, Unit #43, addressed the Commission. He stated that his view of the bay would be obstructed by approximately 25 ~ , once the new units are constructed. Delores Huth, Woods on the Bay, Unit #44, addressed the Commission. Ms. Huth also spoke on behalf of Jimmy R. Phillips, who also resides in Unit #44. When they purchased the property, it was her understanding that the document Mr. Phillips signed was a formality necessary to close on the property. Ms. Huth and Mr. Phillips are opposed to the replat because it increases the density of the area and infringes upon approximately 12-20 feet of their bay view. She provided their property appraisal, which showed that they received a discount for the sales price of their unit because they have a buffered view of the bay. If the view is further reduced, their property value will decrease. IV. CLOSE PUBLIC HEARING. Page 3 of 10 • • Planning & Zoning Commission Minutes of October 17, 1996 Chairman Waters closed the Public Hearing at 6:30 PM. V. CONSIDER REPEAT REQUEST FOR WOODS ON THE BAY TOWNHOMES, S.2. A motion was made by Eugene Edmonds to deny the replat request for Woods on the Bay Townhomes, 5.2. The motion was seconded by Chuck Engelken. All were in favor and the motion passed. VI. OPEN PUBLIC HEARING TO CONSIDER ZONE CHANGE REQUEST R96-004. THLS REQUEST SEEKS A REZONING OF A PORTION OF BLOCKS 1203 AND 1204; TOWN OF LA PORTS, NOW KNOWN AS TR. 1K, JOHNSON HUNTER, ABST. 35 AND A PORTION OF TRACT 37A AND 37B, GEORGE B. MCKINSTRY, ABST. 47, WffiCH IS FURTHER DESCRIBED AS BEING LOCATED IN THE 1700 BLOCK OF S. 16TH STREET, LA PORTS, TEXAS. THE PRESENT ZONING IS PLANNED UNIT DEVELOPMENT (P.U.D.) AND THE REQUESTED ZONING IS HEAVY INDUSTRIAL (H.I.). Chairman Waters opened the Public Hearing at 6:33 PM. Mr. Rankin reported that the applicant, Robert C. Boncosky, is seeking a rezoning to Heavy Industrial (HI) to provide for development of a trucking operation with tank truck cleaning to occur on the property.. The current zoning is Planned Unit Development (PUD). Staff reviewed the request and was concerned about rezoning to HI because of the impact on residential land uses. Staff suggested anInfra-district PUD be created and a Special Conditional Use Permit be granted to allow the trucking operation as well as the tank truck cleaning operation. Staff recommended approval with conditions. A. PROPONENTS Robert Boncosky, owner of Boncosky Services, addressed the Commission. Mr. Boncosky introduced his son, John Boncosky, Director of Sales, and gave a brief presentation about the company. They intend to employee 75+ people and expect the payroll to exceed $3,000,000 per year. B. OPPONENTS There were none. VII. CLOSE PUBLIC HEARING. Chairman Waters closed the Public Hearing at 6:43 PM. VIII. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING ZONE CHANGE REQUEST R96-004. Mr. Rankin reported that 5 public notices were mailed to surrounding property owners. • Page 4 of 10 Planning & Zoning Commission Minutes of October 17, 1996 No responses were received by staff. A motion was made by Chuck Engelken to approve Rezone Request #R96-004, which seeks to have the property zoned Planned Unit Development (P.U.D.) with a Special Conditional Use Permit for a trucking operation with tank truck cleaning. The approval is subject to the following conditions: 1. The property be formally platted as a 6.3192 acre tract. 2. Any development beyond that currently presented will require a separate Special Conditional Use Permit. 3. No changes or amendments shall be made to the recorded General Plan (site plan) and covenants without first obtaining authorization from the City of La Porte. 4. Drainage plans shall be approved by Harris County and the City of La Porte. 5. It should be noted in the Special Conditional Use Permit and in the deed covenants that the use of this property is limited to a trucking operation, which includes tank truck cleaning. 6. Applicant's submittal of a Special Conditional Use Permit Application. 7. Applicant's submittal and filing of a General Plan (site plan) in accordance with the City's Zoning Ordinance 1501, Sections 8-400 and 10-100. 8. Proposed deed restrictions, assessments, and covenants shall be approved by the City. of La Porte and included on the General Plan (site plan) prior to the formal recording of said document. 9. Landscaping shall be located across the front of the property to provide compatibility with proposed neighboring residential land uses. Required landscaping shall be properly maintained in the future. 10. All owners of said property should provide their signatures authorizing the platting of the 6.3192 acre tract and the Intra-district P.U.D. 11. Ask the developer to place any buildings near the. front or South 16th Street frontage along with the landscaping referenced in Item #9. The tank cleaning and truck operations would be located in the rear or west side of the property. 12. Ordinance #1352 amended Chapter 25, Article V, S. 25-84, of the City's • • Page 5 of 10 Planning & Zoning Commission Minutes of October 17, 1996 Code of Ordinances, to read: Truck terminals shall be located in areas directly adjacent to the right-of--way of a designated truck route. Section 25-81 identifies 16th Street, from Barbours Cut Blvd. south to Fairmont Parkway, as a designated truck route. The property is located south of Fairmont Parkway and is not currently on a designated truck route. Approval of the proposed truck terminal (SIC #4231) should be subject to this portion of 16th Street being approved as a truck route by La Porte City Council. The rezoning would be conditional upon said approval. The motion was seconded by Eugene Edmonds. All were in favor and the motion passed. IX. OPEN PUBLIC HEARING TO CONSIDER ZONE CHANGE REQUEST R96-005. THIS REQUEST SEEKS A REZONING OF TRS. 17B, 17D, AND 17E, CRESCENT VIEW, WffiCH IS FURTHER DESCRIBED AS 2803 OLD HWY. 146 (S. BROADWAY), LA PORTS, TEXAS. THE PRESENT ZONING IS ffiGH DENSITY RESIDENTIAL (R-3) AND THE REQUESTED ZONING IS GENERAL CONIlVIERCIAL (GC). Chairman Waters opened the Public Hearing at 6:45 PM. A. PROPONENTS George Robertson, 527 S. Shady Lane, spoke on behalf of his mother. Mr. Robertson stated he was unaware that the zoning had changed to R-3. The building has housed nothing but bars since 1942 and has been his mother's main income. He requested permission to open a drinking establishment at 2803 Old Hwy. 146. B. OPPONENTS Bill Strong, 2711 Crescent View, addressed the Commission. Mr. Strong spoke on his own behalf and on behalf of an ad-hoc committee known as "Old Hwy. 146 Committee", formed earlier this year by residents of the general area. The committee's objective is to work with the City with ordinance enforcement, enhancing property values, improving the appearance of the area, and maintaining the residential thrust of the City's Comprehensive Plan. The committee is opposed to changing the zoning from residential to commercial. Chairman Waters acknowledged that Mr. Strong spoke on behalf of the committee and ~~ Page 6 of 10 Planning & Zoning Commission Minutes of October 17, 1996 stated that it was not necessary for other committee members to come forward to reiterate Mr. Strong's statements. However, if anyone had anything to add or just simply wanted to speak, that would be acceptable. Rand Valentin, 3201 Bayshore, Bay Oaks Subdivision, a member of the Old Hwy. 146 Committee, addressed the Commission. To Mr. Strong's comments, Mr. Valentin added that part of the reason they voted to be annexed by the City was because of zoning and the existence of the City's Comprehensive Plan. Gerald Cooney, 200 Bay Colony, addressed the Commission. Mr. Cooney, also a member of the Old Hwy. 146 Committee, feels there is no public need for this property to be zoned commercial. Drue Adams, 200 Crescent View, addressed the Commission. Mr. Adams' concern is that the property has gone through several operators. He is glad that the business that previously existed is gone. Bernard Legrand, 3115 Bayside Terrace, addressed the Commission. Mr. Legrand is Vice-President of the Bayside Terrace Civic Club. At a recent meeting, the subject of this rezoning was discussed and the members were unanimously opposed. Mr. Rankin showed a slide presentation that gave an overview of the Old SH 146 area. The applicant is requesting General Commercial (GC) zoning from the current High Density Residential (R-3). The building and the use of the property is pre-existing and non-conforming and operated as such until 1995. Staff reviewed the request and determined that the property may be too small to allow development of some R-3 uses. Staff felt that a GC designation would provide too broad a range of commercial activity and traffic. However, a Neighborhood Commercial (NC) designation would create an opportunity for the current vacant commercial property. Staff made a recommendation to the Commission to approve R96-005 from R-3 to NC with conditions. When Mr. Rankin asked Mr. Robertson what type of use he planned for the building, he told the Commission he wanted to re-open as a bar. X. CLOSE PUBLIC HEARING Chairman Waters closed the Public Hearing at 7:20 PM. XI. CONSIDER RECONIlVIENDATION TO CITY COUNCII. REGARDING ZONE CHANGE REQUEST R96-005. A motion was made by Eugene Edmonds to follow staff's recommendation to rezone the property to NC with conditions. • • Page 7 of 10 Planning & Zoning Commission Minutes of October 17, 1996 After hearing that the applicants wanted to re-open the business as a bar, Mr. Rankin withdrew the recommendation from staff to approve the request. The motion failed for lack of a second. A motion was made by Chuck Engelken to deny Zone Change Request #R96-005. Included in his motion was a request of the Commission to perform further studies for developing/improving the entire area. The motion was seconded by Dottie Kaminski. All were in favor and the motion passed. XII. OPEN PUBLIC HEARING TO CONSIDER ZONE CHANGE REQUEST R96-006. THLS REQUEST SEEKS A REZONING OF TRS. 18B AND 18F, CRESCENT VIEW, WffiCH IS FURTHER DESCRIBED AS 2757 OLD HWY. 146 (S. BROADWAY), LA PORTE, TEXAS. THE PRESENT ZONING IS ffiGH DENSITY RESIDENTIAL (R-3) AND THE REQUESTED ZONING IS NEIGHBORHOOD COMMERCIAL (NC). Chairman Waters opened the Public Hearing at 7:30 PM. Mr. Rankin presented staff's report. The applicant, Dorothy Stevens, is requesting a zone change from R-3 to NC to allow a beauty salon business. Staff reviewed the request and recommended approval with conditions to the Commission. A. PROPONENTS Dorothy Stevens, 302 Fairfield, addressed the Commission. Ms. Stevens asked the Commission to approve her request. She would also like the properties located adjacent to hers to be zoned GC so hers would not be the only one. Bill Stevens, 302 Fairfield, addressed the Commission. He has owned the property approximately 2 months. Mr. Stevens asked that the rezoning be approved so his wife could open a beauty salon. Drue Adams, 200 Crescent View, addressed the Commission. Mr. Adams supports the rezoning if the owners are willing to improve the buildings and the property. Delores Huth, Woods on the Bay, Unit #44, addressed the Commission. Ms. Huth suggested the Commission delay action on this item to ask the applicants to prepare and bring back a plan for the type of improvements they will be making. B. OPPONENTS • Page 8 of 10 Planning & Zoning Commission Minutes of October 17, 1996 Bill Strong, 2711 Crescent View, addressed the Commission. Mr. Strong spoke on his own behalf and on behalf of the "Old Hwy. 146 Committee" . Mr. Strong asked the Commission to consider his remarks relating to the previous zoning item. He added that the property could just as easily be zoned residential as Neighorhood Commercial. At this point in time, he feels the property should not be rezoned. Bernard Legrand, 3115 Lane Court, addressed the Commission. Mr. Legrand feels the property should not be rezoned. Gerald Cooney, 200 Bay Colony, addressed the Commission. Mr. Cooney would like to see a comprehensive plan of what the applicant proposes, at which time he may be in favor. XIII. CLOSE PUBLIC HEARING Chairman Waters closed the Public Hearing at 7:55 PM. XIV. CONSIDER RECONIlVIENDATION TO CITY COUNCIL REGARDING ZONE CHANGE REQUEST R96-006. A motion was made Eugene Edmonds to table Zone Change Request #R96-006 until the November 21, 1996, meeting and public hearing that will be held at 6:00 PM in the City Hall Council Chambers at 604 W. Fairmont Parkway, La Porte, Texas. The motion was seconded by Chuck Engelken. All were in favor and the motion passed. The item was tabled in order to give the applicants an opportunity to provide more information for the Commission's consideration. XV. OPEN PUBLIC HEARING TO CONSIDER ZONING ORDINANCE AMENDMENTS TO NON-CONFORMING BUII.DINGS, STRUCTURES, USES AND LOTS OF RECORD, SECTIONS 4200 AND 4300. Chairman Waters opened the Public Hearing at 8:05 PM. Mr. Rankin reviewed the proposed amendments to the Zoning Ordinance regarding non- conforming uses. A. PROPONENTS There were none. B. OPPONENTS There were none. • • Page 9 of 10 Planning & Zoning Commission Minutes of October 17, 1996 %VI. CLOSE PUBLIC HEARING. Chairman Waters closed the Public Hearing at 8:15 PM. XVII. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE CHANGE. A motion was made by Chuck Engelken to approve the Zoning Ordinance amendments to Non-conforming Buildings, Structures, Uses and Lots of Record, Sections 4-200 and 4-300. The motion included permission be given to staff to correct minor typos in the document. The motion was seconded by Eugene Edmonds. All were in favor and the motion passed. Attached to these minutes are the amendments (highlighted) as they will appear in the Zoning Ordinance if approved by City Council. RVIII. OPEN PUBLIC HEARING TO CONSIDER ZONING ORDINANCE AMENDMENTS TO LANDSCAPE REQUIREMENTS, SECTIONS 5-701, 6- 600, 7-601, 10-103, AND 10-508. Chairman Waters opened the Public Hearing at 8:20 PM. Mr. Rankin reported that several businesses within the community have failed to meet the spirit of the Zoning Ordinance regarding landscaping. The proposed amendments would address those problems. Mr. Rankin showed a slide presentation with pictures of businesses that range from those who provide the bare minimum landscaping to those who exceed current requirements. A. PROPONENTS There were none. B. OPPONENTS There were none. XIR. CLOSE PUBLIC HEARING. Chairman Waters closed the Public Hearing at 8:27 PM. XR. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE CHANGE. A motion was made by Chuck Engelken to table the Zoning Ordinance amendments to Page 10 of 10 Planning & Zoning Commission Minutes of October 17, 1996 landscape requirements, Sections 5-701, 6-600, 7-601, 10-103, and 10-508, for further consideration, until the November 21, 1996, meeting and public hearing that will be held at 6:00 PM in the City Hall Council Chambers at 604 W. Fairmont Parkway, La Porte, Texas. The motion was seconded by Eugene Edmonds. All were in favor and the motion passed. XRI. STAFF REPORTS Mr. Rankin distributed a list of new businesses that have located in La Porte. XXII. ADJOURN Chairman Waters declared the meeting duly adjourned at 8:27 PM. Respectfully submitted, Peggy Le~ D U Planning Department Secretary Approved on this the 21st day of November, 1996. Be T aters Planning and Zoning Commission Chairman ~ ~ DRAFT ARTICLE FOUR: GENERAL PROVISIONS Section 4 - 100 Certified Site Plan Required Any person desiring to improve property shall submit to the Enforcing Officer a certified site plan of said premises and information on the location and dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to this Ordinance. a. In the case of residential construction, a certified site plan shall not be required when: 1) Said residential construction is only for an accessory building of less than 200 square feet; or 2) Said construction is on lots or .tracts that have been surveyed by a registered surveyor, and have all property corners permanently marked and visible. Section 4 - 101 No development shall occur upon land designated as a conservation area, unless a waiver is obtained from the City Council of. the City of La Porte pursuant to the provisions of Section 12.07 of the Development Ordinance of the City of La Porte. Section 4 - 102 All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and in accordance with the adopted thoroughfare plan of the City of La Porte. Section 4 - 103 Except in the case of apartment or condominium developments, industrial developments and Planned Unit Developments, as provided for in this Ordinance, not more than one (1) principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the Enforcement Officer shall be final, subject to the right of appeal to the Board of Adjustment. Section 4 -104 On a through lot within residential districts (a lot fronting on two (2) substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be twenty feet (20') for applying the yard and parking regulations of this Ordinance. - 28 - • • Section 4 - 105 Except in a planned unit development, no building shall be located closer than ten (10) feet from any existing or proposed street right-of-way. Section 4 - 200 Non-Conforming_Buldings_,_Structures, and Uses The general public, the Planning Commission and the Board are directed to take note that non-conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the Planning Commission and the Board to assist the City Council in achieving this goal by advising the City Council of their recommendations thereon. As necessary, the City Council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. A use that conforms to the zoning regulations on 'the 'effective. date of this Zoning.-Ordinance at 'the time of initial ..development of the' site shall not 'subsequently be deemed a non-conforming use solely because the adjoining use changes to a=residential use classification. 1. Accessory'Use of Structure. No structure that is accessory'to a principal non-conforming use:' or a-'non-complying development shall :not continue "after such` principal use or structure has «-been terminated, removed or otherwise brought into compliance,-.'unless it 'complies with all _of the regulations of the .district in which it is located. Section 4 - 201 Non-Conforming Structures 1. Limitation on Regulation No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a non-conforming structure solely for a failure to comply with provisions relating to Section 10 Special Regulations, of this Ordinance. 2. Continuance of Non-Conforming Structures Subject to all limitations herein set forth, any non-conforming structure may be occupied and operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions herein established - 29 - • for structures in the district in which the non-conforming structure is located. The provisions of Section 4-201(6) and Section 11-605(2) of this Ordinance are also applicable, and shall be followed. 3. Accidental Damage to Structure If a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions herein. In the case of partial destruction by fire or other causes, not exceeding fifty percent (50%) of its value, as determined by a licensed appraiser, the Enforcing Officer may issue a permit for reconstruction. If greater than fifty percent (50%) and less than total, the Board may grant as a special exception a permit for repair but not for enlargement or reconstruction of the building. 4. Obsolescence of Structure The right to operate and maintain any non-conforming structure shall terminate and shall cease to exist whenever the non-conforming structure becomes obsolete or sub-standard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcing Officer determines that such structure is obsolete or sub-standard. The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of such structure rests upon the owner of such structure. 5. Determination of Replacement Cost In determining the replacement cost of any non-conforming structure there shall not be included therein the cost of land or any factors other than the non-conforming structure itself. 6. Repairs and Alterations Repairs and alterations may be made to a non-conforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the non-conforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. 7.- Enlargement to Non-complving`Structure. A structure that. is non=conforming-' may- be '.altered,'remodeled or otherwise improved, but' not enlarged, unless he Board of - 30 - • • Adjustment determines that such. enlargement will :not result inan increase in the degree of nonconformity with the regulations and development standards of the district ;in which it is located. (a) Submission of 'Schedule `to Eliminate Non-compliances. The applicant shall present to-the Board of Adjustment a schedule for elimination or substantial reduction of the 'nonconformity over a reasonable period of-time not to :exceed 30 years, 'or setting ..forth. the reasons why such action is not reasonably 'possible. (b} `Approval of--Schedule-bv Board of Adjustment. The ,.Board of Adjustment shall review and approve he; proposed. schedule subject to such revisions to the` schedule as deemed >necessary to ensure that ,priority is `given_to elimination or reduction of those non.-compliances °~that. have' significant adverse impacts) on' surrounding, properties, and which can reasonably be complied with taking into .account the effect of the configuration 'of the Iot'and the iocation'of existing structures or the, cost' of eliminating or substantially reducing such noncompliances. 8. Abandonment of Non-Conforming Structures A non-conforming structure, when abandoned, shall not resume. A non-conforming structure is abandoned when the structure ceases to be used for a period of one hundred eighty (180) consecutive calendar days, and it is determined that an intent to abandon the non-conforming structure occurred as evidenced by an overt act or a failure to act on the part of the non-conforming structure's landowner or his occupant. Whether or not a non-conforming structure has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming structure shall have the burden of proving to the Board of Adjustment that the structure has not been vacated or used for a period of one hundred eighty (180) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming structure during the period of cessation of use of the non-conforming structure. Section 4 - 202 Non-Conforming Uses 1. Continuance of Non-Conforming Uses Subject to the provisions of this Ordinance relating to amortization of non-conforming uses, any non-conforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the - 31 - l~J non-conforming use on the effective date of any amendment by which the use became non- conforming, but such land or floor area shall not be increased, except that such limitation shall not apply for farming uses. 2. Changing a Non-Conforming Use Any non-conforming use may be changed to a use conforming with the regulations herein established for the district in which the non-conforming use was located; provided however, that a non- conforming use so changed shall not thereafter be changed back to a non-conforming use. 3. Abandonment of Non-Conforming Use A non-conforming use, when abandoned, shall not resume. A non- conforming use is abandoned when land used for an~ established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non-conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non- conforming use landowner or his occupant. Whether or not a non-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming use during the period of cessation of use of the non-conforming use. Section 4 --203 'No ificaton of-`Non-conforming. Use Status' The _; Planning Director shall mail. written notice, prior to or' concurrently with the notice of public hearing pursuant to 4 - 205,.. to all persons having an_interest- in the property as shown by the tax rolls of the City of La Porte where. the property is located and.. to the occupant of each .non-conforming-use in 'the City of La Porte by regular and by certified mail, return receipt_ requested. The notice shall state that the use is subject to amortization and shall specify the procedures for obtaining an exemption from the amortization and- termnation requirements of 4 -`2,04. and 4 - 205. - 32 - • L~ =coon 4 - 204 Application for'Exempton from Amortization (a) A_pplicaton'.Requrements...: - _ An owner or: >qualified applicant of_ a_ non-conforming ,use ,may seek' an exemption from the amortization and termination' requirements of 4 - -205. The grounds -for such'exempton shall be :that the non-conforming use has no adverse impact upon allowed land uses in 'the district in which it is located or can -be made compatible >wth such use ,upon compliance with- specified conditions. Such owner or qualified. applicant shall submit an application to '' the Planning` Director, on a form .provided by the Planning Director,;"'no lens than 10 working days prior to the 'date scheduled far the.. .....public hearing being conducted pursuant to_, 4 - 205. (b) Board Review and Decision. The '.!.Board of Adjustment shall hold the ,.public- hearing' pursuant..- to 4 - 205, following ,the .::procedures >-for `hearings.. establshed'in I1 -`604-of the Zoning ,Ordinance; and shall consider the ,application .:for 'an exemption :from 'the. amortization and termination .requirements 'of 4 - 2.05. 'The' owner or qualified :applicant shall 'have the .burden of proving the .grounds for the exemption. Upon conclusion of -the `hearing, ' if the Board of `Adjustment ;finds 'that the use' of the property has no material `adverse impact upon the 'land' uses'"permitted in the district in which._t is located or cane- be made reasonably ``compatible with such uses through the ,imposition of specified conditions, it shall, by motion, exempt the non-conforming use fromthe amortization and termination requirements of 4 - 205, and. impose such conditions as it finds necessary to ensure 'reasonable compatibility, including, but. not limited to:(i} required improvement of, or modifications to, existing improvements' on the -property; or (ii) Limitations on hours or .nature of operations; and (iii) a_specified term of ..years for which-, the. exemption shall be granted. Tf the ..Board. of Adjustment does not authorize an exemption-- from the amortization and termination requirements of, 4 - 205~ it shall of er considering applicable law, information presented at the hearing and other factors deemed relevant:'. by it, establish an amortization period for the non- conforming use iri accordance with 4 - 205. ('c) Appeal........ Any 'person aggrieved by the decision of ;the Board of Adjustment...or a taxpayer or an officer, department, board - 33 - • • or bureau 'of the Ci y, may =appeal the decision in accordance with Section 211 ..OTT of the Texas Local.- Government Code, Unless properly appealed within 10 days of the 'date. the decision is filed in'".the Board of Adjust.ment'`s office, the decision of the Board of Adjustment is final and incontestable. Section 4`'- 205 Amortization and Termination" (a) Amortization of `Specifi'c Non.-conforming- Uses Non.-conforming uses shall be terminated °at-the end of_-an- amortization period established by the_Board of Adjustment` in accordance -with this Section. The Board of Adjustment,.' shall hold 'a public.--hearing,' as required 'by Subsection (b)- below, to 'establish 'an amortization period _or to consider an application by the non-conforming, user for exemption from thee... amortization and .termination requirements 'set :forth' in this 4 - 205. If the Board of Adjustment grants an exemption, the use shall be known as an "exempted non- conforming use . " If 'the Board of Adj ustment_ does not ..,grant an exemption,. it shall._establish an amortization period pursuant to_ Subsection (b) . If an'_'applcation for ,exemption from amortization is -not submitted, :the Board of Adjustment shall establish.' an `amortization period pursuant. to_ Subsection (c) . {'b) _ Public` Hearing.' (I) The' Board of Adjustment 'shall hold a public hearing to establish an'amortzation period'for'each`non-complying use subject , to notification 'pursuant ;to 4 - 203 'or to consider an application for an exemption from ,thee amortization and '-termination `requirements of ths_ Section pursuant to the. 'following notification requirements: (A),; Written notice. of the time and place of a...public hearing, by certified mail, return. receipt requested and postage prepaid, to the owner and' occupant. of the non'.-.conforming use at least 30' days prior to-the date of such_publc hearing; (B)' Publication. at `least 3'0 :days prior- to the date of public hearing of _ a notice of the _ time and place of the hearing in at .least one' newspaper of general'. circulation in the ..City;- and... (C) Mailing of the: notice of publs hearing at leas 30> days prior to the date of the pul~lsc hearing to property- owners within 2OO feet,, as determined - 34 - • • pursuant to 11 - 604;:, of he lot line of the land subject. to the application, inclusive of streets, alleys and rights-of-way, and to civic __ associations registered with- the Planning' Director, whose boundaries are wholly or partly within the 200 foot area (2) Upon. notification of the time and place of -the :public hearing, the owner or occupant of the non-conforming use'to be amortized may _apply to the. Planning .Director for an exemption from amortization and "termination pursuant. to '4 -_204 and 'include written information and documentation supporting,a claim for an exemption from.'.'. any'-amortization period:.- In the event the:Board of Adjustment does not grant the exemption applied for, it` shall establish..' an amortization period.. based on O applicable law, (ii) evidence submitted with 'the application, (iii}-evdence,,_presented at the hearing and (iv) other .factors consistent with the purpose of this Zoning Ordinance to allow the owner to recoup_ actual 'investment in the use made ,.prior to the: effective date of this'Zoning-Ordinance.-The owner's or applicant's failure to submit evidence to 'support an' amortization period'-.shall be considered a waiver by '.the owner or applicant of any'xight to contest at the Board'' of ,Adjustment the 'length of any amortization period( that the Board of Adjustment establishes. (c) Amortization Period. In the event the owner ar qualified. applicant .does .not. apply, for exemption from amortization, the Board of Adjustment, at the...public...hearing,. shall establish an amortization period based on _(i) applicable law,'(ii) evidence presented at the public hearing and. (.iii). other. factors deemed relevant by_: the Board of Adjustment, to allow the"owner or qualified applicant to recoup actual investment in the use made ,prior'- to the'ef.fective date of this honing Ordinance:. `(d)' End of Amortization Period_ At the end of -the :amortization period established by the Board of Adjustment for a_particular use;''.this- he use shall.. terminate. "- Section 4''- 20`6 Revocation. of Non-conforming Use-Status Upon the recommendation of. the Planning Director,': a 'motion of the Board of Adjustment, or a petition of property ....owners pursuant to this Section so 'long as the P1'anning ..Director makes a:recommendation _of revocation in accordance with ('a) be owr the.'Board of Adj':ustment shall. - 35 - C~ • undertake a review of (i) any_`non-:conforming uses; or (ii) any exempted non-conforming uses established pursuant to 4 - 204 or 4 - 205 and, 'after a,publc hearing and investigation as;,to the particular use in:-question, .may require-.the revocation of. the use status and the amortization ,or termination of such use. For purposes-of this;4 - 206; a use described =in (i) or (ii) above:, shall be herein sometimes: referred -.to as a '" Revocable ''Use .".," a) Initiation of Revocation Procedure.- The Board of Adjustment shall undertake "a .review of- ang- Revocable use .only ...upon: (i) -its own -motion,' upon a determination that a reasonable probability of, one' or=more' grounds for termination 'under 4 ' - 2'06 (d) exist;:- (ii) a' report from .the Plannng.Director recommending revocation of the 'states of such Revocable 'Use, which shall be based upon` a determination-..that a"..reasonable probabili y of one or ,more grounds for 'termination -under 4 - 2.06(d)- exist for -ouch.' recommendation; or (iii) valid petition of proper owners` conforming .with .Subsection (b) below, provided after' due, consideration of the petition,!. the Planning 'Director pursuant to (ii},' recommends revocation 'to -.the Board of Adjustment. In the event that the Planning Director, upon" investigation., declines to recommend action by the'Board_of Adjustment, the Planning Director' shall :inform the petitioners -in writing of that decision. The Planning Director's .decision !regarding the petition shall be- appealable to the. Board of Adjustment under the procedures contained in 11 -'604 of this Zoning Ordinance. '(b) Petition of .Property Owners. A petition may ,be submitted to `the Planning .Director-only' with respect to a request for revocation of the status-of a' Revocable Use, on a--form provided byor otherwise submitted in a manner prescribed _,by the Planning Director. The petition shall be filed with -the Planning 'Director and signed by the owners of at least twenty percent (20%) of the total .number of record owners as determined by the 'most recently approved'_City tax roll, 'of land in the City, within 2.0.0 feet of the lot lines of the'Revocable Use, inclusive of streets, alleys and rights-of-way. and shall set .forth the grounds for the revocation. (c) Board'Notice,`Revew and Decision. Upon its own: motion, receipt of the Planning 'Director's` report. recommending the xeuocation of 'the status of the Revocable Use:- or a decision 'by the Board of Adjustment to consider a revocation. requested in a petition of property!' owners pursuant to 4 -,206(a}, the Board_of Adjustment shall' hold..a_public hearing to consider ,revocation of a Revocable - 36 - • • Use pursuant to 'the procedures in 11 - 604. Prior to holding such hearing, the `Board of Adjustment' sha l provide public notice as follows: (1) Written notice 'of 'the time and place of_ a public hearing, by certified mail, return receipt_ requested and postage-'prepaid, to all persons having an interest in the property as shown by -..,.the Harris County deed' records'' and to the occupant `or occupants of, the Revocable Use at feast '30 days prior to the date of such public hearing; (2) Publication at :.least 30 days ..::prior to the public hearing of ''a notice of the time and 'place of the hearing _ in at least one newspaper of general circulation in the City; 'and (3) Mailing of the notice ;of public hearing at least 30' days :prior to the date of the public hearing to property owners within 200 feet as 'determined. pursuant` to 11 - 604_, of, the lot line of the land subject to the applications inclusive of streets, alleys-' and: rights-of-way, .and to civic associations .registered with the Planning Director, whose boundaries are wholly.: _. or ..party within the .200 'foot area..:' Upon the conclusion of 'the public heating,the''Board of Adjustment shall determine, on the basis`of written findings_ of .fact and'_conclusons, whether the status of the''Revacab e` Use .'.should be revoked and the use amortized or terminated'. In .making its determination 'whether or .not to revoke; thee.: Board of Adjustment shall consider the'standards set forth in 4_ - 206(d),.....and if it determines to revoke,; it shall, in '' accordance with applicable law, after' considering euidence presented at''the hearing and other factors consistent with the purpose of this Zoning Ordinance, establish <an amortization period. for the -owner_to recoup the actual investment_ in the use made by the owner prior to the time the use became non-conforming. The Revocable Use shall terminate at the end of the amortization period or the termination .....date, as the case: may be, established by the Board..-of Adjustment.` ('d) 'RequrecT FindinQS and:- Standards ''in Board-De ermnaton on Revocation. To support a finding and,concluisio of a Revocable Use based on writ conclusions, the Board of Adjustm following (i) a violation of any Board of Adjustment pursuant 'to 4 continuation of the '` Revocable n that revokes the.: status tsn__findngs of fact and ent must. find any 'of the condition Imposed by the - 2Q4 (b) , (ii)' that the Use' materially and - 37 - • • continuously 'interferes in an adverse manner with __the implementation of 'the egislative purposes of the zoning, district in which the use'is'located, or (iii) a pattern of repeated occurrences of one or more_of_the following with respect to the Revocable Use: (1) Noise above' the ...maximum perm sible 1'mits, as set forth in the Zoning Qrdinance, or in 'any other _City ordinance; (2) Traffic generation of more ahan twice that of the `same use 'or use of a similar na ure, based on xates set:; forth in the most recent. edition of 'the 'Institute'~of Traffic Engineers (I'1'E) Trip ..Generation Manual; (3) ""Noxious or annoying emissions of odor,' smoke, wastewater, ;light or 'other matters; (4) Hours of operation Ghat 'begin prior -to 7:00 a.m. and extend ...beyond IOc00 p.m.'and as such exacerbate general noise or traffic;' (,5) Lack of substantial compliance ..'.with. agplicable ,City codes and ordinances; (6) Police .reports on al.Ieged criminal activity associated _. with the non'-conforming use; or (7) Simi ar fact-ors . (_e) Non=conforming Uses Not S sect 'to Revocation of Status. Not~rithstandng any.. provisions of this 'Division or this , 4 - Z06.that could be construed to the contrary, 'a -residential use .that is non-conforming in the particular district in which such'use is located-shall not be subject to revocation under this_4 - 206. (f) _Condtions for Continuation. In making a decision not.'to revoke the status of a Revocable Use pursuant to 4 - 206(c), the Board of Adjustment may impose conditions _on the use that are necessary to accomplish the purposes of this .Division, .including.,.. but not, limited: to required improvement_ of, or modifications to,' existing improvements on the property. `or limitations on' hours or nature of opera ions. (g) APPeal Any person aggrieved by the decision of the _Board of Adjustment.,. or a taxpayer,- or an officer, department, :board - 38 - • or bureau of the City'may'appeal: the decision in accordance with Section. 211.011 of the .Texas Local_Government.'Code. The decision' of the= Board 'of Adjustment is final_ and: incontestable unless appealed to the district court within 10: days after_ the date `the decision is filed. 3n the Board. of Adjustment's :office. Section 4 - 300 Non-Conforming Lots of Record Section 4 - 301 Continuance of Non-Conforming Lots of Record Subject to all limitations herein set forth,' any non-conforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized by these regulations. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. Section 4 - 302 Discontinuance of Non-Conforming Lots of Record Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a non-conforming lot of record that is made conforming shall not thereafter be changed back to a non-conforming lot. Section 4 - 400 Zoning of Annexed Property 1. All territory annexed hereafter to the City of La Porte shall be temporarily classified as R-1 Low Density residential, only until permanently zoned by the La Porte City Council. Immediately after the annexation of any territory to the City of La Porte, the City Planning and Zoning Commission shall commence any action necessary to recommend to the City Council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regulations, and shall take place within one hundred eighty (180) days from the date of annexaton. 2. In the event a development or subdivision is presented to the City Planning Commission prior to annexation, that specifies a particular land use, the Planning Commission may recommend.zoning categories to the City Council, after hearing, so that permanent zoning may be considered simultaneously and in conjunction with the annexation proceedings. - 39 - • • 3. In an area temporarily classified as R-1 Low Density Residential, a building permit may be issued for the construction of structures or uses permitted by low density residential district regulations, however, other structures or uses, are not permitted unless application for such structures or use is made to the City Planning and Zoning Commission for consideration and recommendation to the City Council. n `d - ~flfl`Tcrmin~tinn of T.i rnlnr C~~'o T7~t~n~l ; ~1~,.,,e.,+-~ 'n».-r, r,-.';;..-.. ,.' .- - anc~i Taverri~ i n ReGi c9r~nti a1 nr NPi ~-rh},e; Distrcts.'- AI I' liquor sale 'establishments, -.bars.,;.. Iaunges and taverns in '' operation in Residential Districts or Neighborhood Commercial.,. as `'. of the effective date--of his 'Zoning ....:Ordinance.,..-.shall not have a non-conforming use status as of that-date with respect to the use of the land or structure 'as a ]_iquor sale establishment, bar, lounge or tavern.' Such use shall''-be '.terminated "on the date of expiration, revocation or termination of such establishment's- valid State alcoholic-beverage, license or ...permit in existence on the effective date of this Zoning`Ordnance, provided that .such termination date shall not be extended by any ..renewal or; extension of such.'license or permt_if such. renewal or extension is .issued on or after the." of€ective -date of this Zoning Ordinance. __ _ - 40 - • Pecan grossing Snb~ivision, SeEtion ~ Preliminary Plat ~ ~ Staff Report Peean Crossing, Seetion II November 21, 1996 Preliminary Plat Pecan Crossing is a residential subdivision located on the north side of Fairmont Parkway, approximately 1,800 feet west of Underwood Road. A General Plan of the subdivision was approved by the Commission on February 17, 1994. (See Map Exhibit A). Section II, which is being considered for preliminary plat approval at this time, is a four (4) block, f fty two (52) lot section of the overall subdivision. Referring to Appendix D of Development Ordinance No. 1444, Staff has reviewed the Preliminary Piat (See Map Exhibit B) and found it to be deficient in areas. A checklist detailing the items reviewed is attached and follows this report. As noted on the checklist, survey monumentation has not been detailed on the Preliminary Plat. Staff would recommend that the two (2) monumern locations be noted for installation on the Preliminary Plat document before approval is given. An additional consideration is maintenance access to the subdivision's detention pond. The original submittal for the Preliminary Plat of Section I included a reserve dedicated to use as a private subdivision recreational area. This area was subsequently reconfigured as two lots for additional homesites. This eliminated the original mairnenance access path to Spring Gully and the detention pond. This access is important for two reasons: • Unless an additional easement is dedicated by a subsequent section plat, the Spring Gully drainage right-of-way will provide the only access to the subdivision's detention pond. • In the future, the Spring Gully right-of--way may be included in a proposed system of pedestrian paths that will connect various recreational facilities. While these issues do not necessarily need resolution in conjunction with the Section II approval, they will ultimately need to be addressed. Staff feels this is an appropriate time to address this matter. Staff's recommendation is to obtain a fifteen foot (15') right-of--way designated for acxess and maintemnce of the deternion pond and the frfteen foot (15') public drainage easemern. This could be done as part of Section IV and in alignment with the Choctaw Drive street right- of-way. Finally, staff would note that Section 5.02 of the Development Ordinance empowers the Commission to require pedestrian sidewalks when it feels their inchision will serve the public interest. Staff would recommend the inclusion of sidewalks within the Pecan Crossing Subdivision. Responsibility for construction of the walks should be specified by covenant. Development Ordinance, Section 4.03.B requires that "following review of the Preliminary Plat, the Commission shall ... take one of the following actions." 1. Approve 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~e Preliminary Plat as filed, prov~, the reasons for such disapproval are stated in writing and a copy of the statemern is signed by the Chairman of the Planning Commission. As noted, the Preliminary Plat does not substantially comply with applicable ordinance requiremerns. Staff therefore, recommends that the Pecan Grassing, Section II Prelimiruy Plat be tabled until all items listed below have been addressed. 1. Formal submittal of a completed street and alley closing application to close the 8E} foot right-of--way, Ganiff Rd. ("H" Street~,which runs east-west through the subdivision. Approval for the closing would be necessary prior to preliminary plat approval; however, subsequern paymern of fair market value for the right-of- way would be required prior to final plat approval. 2. Reference of detention pond ownership and maintenance by the Homeowner's Association shall be noted on the preliminary and final plat. 3. Correction of lot numbers in Block 1. 4. An HL&P street light layout plan and letter stating costs from HL&P is provided for review by the City. 5. Payment for street lighting costs should be made to the City. 6. HL&P easements should be shown on the Preliminary Plat. 7. The City receives approval from the four (4) franchise utilities regarding the size and location of the proposed utility easements. 8. Payment to the City of the street sign installation costs. Sign locations and costs shall be determined by the City's Public Works Department. 9. A total payment of $9,100 is due to the City in lieu of parkland dedication. This money will be placed irr an escrow accourn and only be used for the acquisition or improvements of public park land or facilities located in Park Zone I, the zone in which Pecan Crossing is located. 10. Survey monument tie-in and control monuments should be shown on the Preliminary Plat. 11. Title certificate document is submitted for review by the City. 12. Subdivision construction plan review is completed by the City and any changes are made prior to the submittal of a revised Preliminary Plan. 13. Subdivision covenants/deed restrictions for Section II is provided to the City for review and approval. • • PRELIMINARY PLAT CHECKLIST (See Appendix D, Pages 1-3, Ordinance 1444 for complete information regarding the items listed below.) Development Name: Type of Development: Location: Date of Commission Review: Pecan Crossing Subdivision. Section II Residential Subdivision Approximately the 9300-9600 Blocks of Fairmont Parkway November 21. 1996 A. Graphic Contents 1. Name of Subdivision: 2. Twe 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: 14. Contour Lines: Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Properly noted. Under staff review. • • Preliminary Plat Checklist Contd. Page 2 of 2 15. Building Lines: 16. Layout & Identification: 17. Condominiums: 18. Reserves: 19. tree 20. Street Names: 21. Utility Easements: 22. Flood Hazard Area: 23. Survey Monument Tie In: 24. Survev Control Monuments: 25. Schematic Utility Layout: Properly noted. Correction of Lot numbers in Block 1 required. N/A N/A Properly noted. Design adequate. Properly noted. No name duplication. H.L. & P. easements not shown. N/A Not shown. Not shown. Under staff review. (If Applicable) B. Documentation 1. La Porte Development Checklist: Properly filled out and submitted. 2. Title Certificate: Not submitted. 3. Utility Schematics: Under staff review. omments: * HL&P street light layout plan and installation cost letter. Also. astreet/alley closing will need to be completed prior to Preliminary Plat approval. 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I 18y ; 'j yK -I I I I f Ill IL/ ,• ; ~-i„n `^E _ . 1 - v ~ ~~ - -° - `-tc =ti::. -°-riur- ::awri is I' I ~.r -I- - -. - I I r uai I ' tt 20 Bi (8 8I t! 8~' 17 el If F •Sw 81 uuf ; ~, I _ nae Sam . Sam ~ ffne"r-fem` fTac faa ~ am~em ~ fTm »m ' Ti"ae fam"! nn~ if.T -.;e~ ~ '~ ?i e: e_ .2' j •. '~y ~ - '~ _ S JC'O.C9 E - 684.16 ;, I .~ _ =- ~ socrEE - ese.9a e .. •.I I ~ ~ -I .i' ~ : f,,,~ ~ :: ~ p a ~'~'. G i >; , e , • e , ~I , .7 ~ I I `~~, ref I f]m . m : am • as ~ "uf f - ~~w,.em:,~ 4~ ~ T~. w I 111 ~1 r ~~ 7QCSEC- I I em ar~l ~Rn ~N700'I1'll'E - 79.96 C ~ U.E CWVruOE inSEilF7rt ' E.S.E iWlilpV SEIfEA E+GFStEIR • I 3.aa BENC1131/pl( i.B.ia IEuPORNtr eENCfIbtRN i . yl '<I 'e ,. 'CI : , 1. t, yl (~IJ {j l'OL I: ~.tiU ~ ~ ..~.~ SURVEYOR LAND SURVEY, INC. SCOT LOWE, R.P.L.S. 4301 CENTER STREET DEER PARK, TEXAS 77536 PHONE : (713) 930-D201 e -- -'AU ~+-~7RNE- w _. :R $' to ~; nar ~ (t u~f I fam ;free • stm ; »x .]a I (r LL! IF ~. e ~ t9 , e~ p '~7(.(f I ~ 'T Ui .m7fa1 r ~ it. t l i] .~' ~ 6! Bj ~ R , rF '' I ~ I I ^_ RI IE: i~ I 9 1C it .]@.81 I :Inv „ IB O ~ ; ]r-.. I 7,(,~rr'_^\_,,(a'LL~15r/(y I I3 / ' e1 4 ~ ra i aee i fm .ism ! um , ~( `+) ~ IR ~i ~ • to° + ~ ^. i ~n~ , Z ~ , + - re • M y171 Stfl ~ Ym t Su0 I mrB i Hfl ~ ]1m i, ae~. / ! ~ ! i ~~ leo_I ISY le_I 17Ei lt 39 1 10!~ St ~ / ' i ' I •. •. S3 i L 1 I..JL. u.u"` Tra:T ~ r:r ; sea' sbf na ~ 'u3r "' rf~Te : ]+ae ! 1; SOUTH - 910.53 ,e ,' > ;. - ~~ ENGINEER : OWNER /DEVELOPER MUNICIPAL ENGINEERING CO., INC. BIG A ENTERPRISES INC. JOHN D. GARNER, P.E. GLENN ANGEL, MANAGING PARTNER 3301 FEDERAL STREET 5210 WEST ROAD PASEDANA, TEXAS 77504 BAYTOWN, TEXAS 77520 ' PHONE : (713) 941-8988 PHONE : (713) 421-5721 61 .:U , py"' ~~ 6 SOUTH 209.94 ni_~ I 0-ut 8 1, '- - ' e: im Yp =1~ ; 0 roil 4 :~'ia •a. 1 ' , r^ C.~? ,~ 'B o,; 'C . 4i Iru "'~ bQ1 a }'y ~ - ur •R ~ . 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IEGN INIO OE~EIORYDIr CO, e.nn IreM1w rererrel b w Ow•n d w 1x1N1 an bed IeeNLy F w ebew N iaeOaY'9 my d RLU CnOAINC SFL'lION TNO b eweeR mde onl eMW W nbANele~ d edl epy,.L ~ 1SZY b d bne. 1eAedYnR rwbkYpN aM n01sYeN w edl mY w dd W Ae'eeY ledlade b w r d N, p a ewww, r e4wb (eewpt wr Weeb aelpwW w M.eb etreeb), anpw pne, wAr e °°^W Ll YONO Il[ ut unm utoon ~ w~ e•e dean deer nrwew rw w Auwewe ane awwlawdlan UrrG eepeewL aid b N+a ~ a1lpebGt GSOM M eMpN b wnPa aM Invest Merl w Urn b w w w oedwt.s ssc sxnAn tENa rrsloN ILKM[R, Oewn eoee Iedrole/ aM wr ~wnb M lellapb b w w d w pu11a M MiMa etL- oerp.w ~ ~~ 1 LN if1YGRM/ IOONWRt feiww w weMrdee wM ew•nnl IM IS) led F dln hen a Wn, bwh (7~ hd !we w P•e^l Md yaL YedM M1eewN b d rawnen w pmk etlly ewwwde Yews Mews . . NVL IlplllON IIarRINO L PO'IOI RunrlOl o.nNe a Iv4/ aerw IM M ewaMe d YN ~r w w w tlh pMt n eripYsy binae r. w awbiallen d dpM Iwriy r,NMiNw wove •M WI M ndMM b wine Wr w brw N wNMWe d weN wdNeLn 141 eepwdy. 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GnfA tNUw w IYNG Aso stx a aRYE tnl, __ W a IIN. ~ Gemn4ebn tww ~-~: ~~ i M b b eeMp Niel w Cop Nariq enl IanFq Cwwdron k w f!y A la Iah. levee le gpsw/ qY pd wr wWAdw d PECAN CROS]NO CIfON iM0 F Mmrw~e du w er6mri[w d w Cly d In RarY aM • edMW w wpwmnp d mN pbl Inb _-- ep d . 1RN. M w ~~ ~: er ~,r~ ! ei61: "^ ' nlr ~ b wrar and tAENN ANm..ww w wnwNeee used d w .w. d lane rwq ple1W w eAeNed 4uen w PtTJN Om54NG SFLTON 180. appaeee M w V Ie"e CAA Pbeip ant i Cammlwbn, rbY4M YOLLY A pw.UIL Cawop M d Marry, Cauwl w M adMlnl GeavA' b wl.en w wabE ~rq Ilel d eaN oYANw ever a w Olrerw d w CRp d V Rpb'e temmwly Oeadppiwd OewrbNd w b AY weiaibM nwwN4dM, drq elm0 ti eud wl0bd nawaM map a Rbt Y w amswM new4 d M DrReN^wd. Oml^Rnw~l uit ~ ® ~'/yp(~/al1f~aa1 ' I~ _ 1 , l 9COT IlpeL . reddYe/ Yieer tlr bw d w flab d teen 4 pweab w perwebn d YM eurw,Yip, M Hell' eerM) tlel Mle eM e4vabN nwwwb w wwb d e eYwp perlamwl anew mp euseM:e ay bel d MMpp aOn~^~w' y( dip, pdwa M IeYN d tuna Mew wn, w dN h mYYM dU M1w-eNbe Yen Yrn Tole M V Parle pwNgned70) FGwe b Ynplh wee 1M1 TN dd nemWw Mb w raww~wY w weNw b w CO' d Tea ReRM,oNen Ne. SGm L NVaLr NNN1awL CrNY d w A Coral a IYNMe Cbwy, b nwrq eNmp flue w dqb MbvnM de 4 wrwkw d auu•nwtlw nee lar repbbaVm Y mr eMb w 1Ni, a tledi _ Y, w aury nmrae w IIR4, d __ e'Cbd _n1 wk dd IYn GM Na d w Yap Renwb d MaN, CMp. eve ea4 aaunlp. .RNf35 w NYm Ave stAa a ar1cE. d Mewb" NmrY ONeNI'. 1.a w M wr a. bd alww wnm tNw d w amm:den..• caYt d lbnte Ceurry, 1ww CURVE DAtA S 00'01'09' E - 312.89 ~ id S^'rrH - 430. i > ,4 ^I R `,. ~: CURVE OEUA RADWS ARC TANGENT BEARING CHORD CI 90'DO'ar 20.OD 71.42 20.00 N 4900'ar W 28.28 C2 4r6D'ar 25.00 18.69 9.e1 s ee•u'ar w 16.26 C3 26940'05' 50.00 231.84 -57.93 NORTH 77.73 C4 4rso'ar 25.00 18.69 9.61 5 BCJS'ar E 1e.26 CS 90'00'ar 20.00 71.42 2D.D0 N 4900'ar E i 292e cs 9aoo'ar 20.00 7,.42 zD.oo N 49D7ar w , 2esa cT 4rso'ar 1 2s.ao less 9.81 s 69u'ar w 1B.2e CB 28940'01' 50.00 231.84 -53.93 NORTH ! 7J.]J CD 4r5D'ar 25D0 18.68 9A1 5 8CJ5'07 E 118.16 c1D I90.OD•ar I 2D.oo 71.42 2D.oD N 4900'ar F i 2e.2e I i c11 ~9aoaar 1 20.00 7,.42 20.00 N 49oo'ar E ' 2e.2e c12 ioPOO'ar 1 I 20.00 i 71.42 20.00 s 49D0'ar E ~ 2e.2e C13 IevDD'ar i 20.00 i 71.42 ~ 20.00 5 4900'07 E j 2e.78 C14 !90.00'07 1 20.D0 31.42 20.00 S 4900'07 W ~ 28.26 C15 190.00'07 20.00 71.41 i 20.00 S 4900'ar W 12e.2e Ci8 90'00'07 e0.00 125.86 80.00 5 490D'ar W 1 113.14 cn ~ oParar 20.00 J1.4z 2D.aD i N 4900'ar w 12n.2e C1B 190'0707 20,00 31.42 20.00 S 4900'07 E 26.28 C19 90.00'07 20.D0 31.42 50.00 N 4900'07 E 2B.2B c2o oParar so.oD TB.s4 w.ao n aooro7 E 7D.T1 ELOOD STATEMENT 1 HAVE EXNAINED 1HE FLOOD INSUWUJCE RATE MAP, CONMUNIIY PANEL N0. 4e201C0J35 C, DA1ED SEPTEMBER 28, 1990 AND HAVE DETERMINED TH1T THE TRACT HEREBY SURVEYED UFS WHOLLY WIININ ZONE'X OR AREAS DETERMINED TO 8E OUTSIDE 7HF 500-YFNt FLOOD PWN. wARNwc THIS STAIEMEM R 8ASE0 ON SCALING 1HE LOGTION OF SND SURVEI' ON THE AB7NF REFERENCED WP. THIS INiORM4TpN IS TO BE USED TO OE.TERMINE ft00p INSURANCE RATES ONLY MID IS NOT INTENDED TD pENTBY SPEC9lC ROODINO CONORNINS, ~ _- `~i }_ _.- SOUTH ~ - 80.00 ! 9- TD 1 ~- EAST - 60.00 SOUTN - 6.73 ~~I a# - e .. .~ - 120.00 ~ ~~ ~ C~ rm.• r ~°~ ~~ ~~1~~1£~"~~- ,~r f ~~ M~~'k ~ ~ zb (~jljbilf8 G~ ~` W ~BYwtxclF ,a Mrla q~N.7Jq" GR. I -RrRJect VICINITY MAP SCALE : 1' - 2,D00' Q~~ ~~ ~e4 }~eJeue~' ZITI`1Wi P 2 nos 1R~~ SURVEYOR LAND SURVEY, INC. SCOT LOWS, R.P.L.S. 4301 CENTER STREET DEER PARK, TEXAS 77536 PHONE : (713) 930-0201 ENGINEER MUNICIPAL ENGINEERING CO., INC. JOHN D. GARNER, P.E. 3301 FEDERAL STREET PASADENA, TEXAS 77504 PHONE : (713) 941-8988 OWNER /DEVELOPER LEGNA LANG DEVELOPMENT COMPANY GLENN ANGEL, PRESIDENT 5210 WEST ROAD BAYTOWN, TEXAS 77520 PHONE : (713) 421-5721 PRELIMINARY PLAT OF PECAN C R O S S I N G SECTION TWO A 1xtNl lent 7RACr @wi6 RARE ar OUROIL rN Ax0 lm u INNNE amOrs , u IEpplmf7 w IveWYE t0. PA4E Aut 0[ THE GEED RECmlOS a WA6 OOIRIIr. 1[.rAS NID lMA1FD w nit nAMU Y. ANTES SUM1SI. AKiRAx'I-Nx err a u PORT[, NAetlS couNrr,lE7Ya CO N/AIM INO s: TGYS 4 9lGtNf '~ ~ U'L 1W O 1ao mo 7a Eed SCALE~f.IOP ...a Z ~ --. ~y`' ~~r /I Ci V ~~~ ~ ~1 ~ 0 ~- ~ ._ ~~' ~N 1~-- - ~-- - - --`v C~ W~ Nc.c.t, Im..lRnn :, ~I wltn : ro-N>-lsel N 00'01'11' W -80.00 « E o'pi H.C.F.C.D. UNIT ~yI6 El~_ .. x• ~rM.xuu Iwub,,wnn=uo 8109-00-00 -a rG.L ~'-'rH.C.F.C.D. UNIT 8109-00-00 y, ~,~ .z . 7 N 00'01'09' W - 35.66 V ~ a - - _~- -- -' _ _ , FY,Sr.- e c [ ~u=: m nw Rue,:, As Nt:cNUm _ e i ~' - ~- "Clw rq,r.s+~. $tClOri trlC A.C w ell'A59 _ . aw .a ale _ w.w ram _ nm tnao ,am - .-" . ~ ~ .. ~9 21. a~ FIFi 4 ~ ~'~ 7 ~ _. i l = 1 ~5, ~3 •° 2, SIi tl - ~3 'lr ~. i ~ A ' 0' ,'2 ~ ,~ ' Ae.q +~ ~~ 4N ' (1 ~~~ypy•rrd ~ A~b..~~~ bt'P. °iRU'.6\rWA11el~'. i N G• ,5 ~ >t, I ~,L s n ~e~ la .~ ,~. ,4 C ~pt~r \1~ - 1E ~ ~ 2 4 as ..~~#''~~adL, ~° BB ~,L" ~ I ~ _. ti ^1 ~~' _ 00. ~~'. n '~IILe ~'~ tuop n A ~ I ro tI~- ~ O B $~ ~ B ~ ~ AI~ XdeM d q' AanonN ~ 1~ ~, 1' ~I $ 1~k i d ~ ~ l a 3 B J W `t,ti 1 L ~~ ~ ~7f Js 8b n d C ~, M -- ~ 11Lm ~ IrpdR !~ IILm i • 11QRp ~ f p ga N~µ~t~N~ e 4 - I G ~ --~ e. ' "c.?e ~ I~ a Y ~ ' „am1 ~ nIpam4 I ~ I nano ~ 'a ';~v4• ~~,Q„ r NORTH - 4.00 ~ 3 ! R ~ I A $ AI/t , R~ 3'771 7 19 A ' AI~~ R t~ t~ WEST - sD.00" _ - naem - tewp d 0 NpeN _ rem A °b -' •l7' NORTH - 56.00`1 c '2~' ~ AN t:ROS~NC- LA70E c ~m m Nm ~RRm odm M.m WEST - 176.28 1 _ pp p p~ ~Ipp. BB g.. T: y I i~° 2 8 i a ~~~'4 ~[ S -~1 B a I T° i e 'Y~e L _ ~ nm~eLAa IMAa _~..Npp~!•00.__l-alrm I rnp 1WR' 3< ~ ._ Babe -+ em~sm ~ j°^A rm ~ nup~ •' ~ ` ~ ~' J} ~ ~~ ~ I ~An16 ' g 15 d p 19 Sj~;IJ sip 11 8jg 11 ~ R 0 ~~p 9 - Qi '3:d t ~...._. r x Y Ne `40 NLp ~ Y40a Ilm ! ^m 9dR Mm ~ r 40 8 y elm ~ elNni - am C~ t n ! lVi~ ~'b' Iew -2H0CT#W' 9RNE- r, R i, Iu4~ elml - AeJI 1•, NCI ~~, O ~~.~ r ]p ]r. ., y. ^!'Otlw emTYaO Nm i RIm 30 ,. C rrr UL ~l_~~J~{'M b9, t 8i1 ki2R~i Syg4 L81 .~-r ___ .._ 1LSi /~ Hrn- ^m- il.hrl plop ;MA" }. SiAb"I 9AY _N.r • • Replat of Lots 5-28 and the Adjacent Alley of Block 133 Town of La Porte Staff Report ~ November 21, 1996 Replat of the South 300 Feet, Lots 5-28 of Block 133; Town of La Forte Item IV on the agenda is to consider a Replat of Lots 5-28 in Block 133, Town of La Porte (see Exhibit A). This block is part of the original plat of La Porte filed March 10, 1892, in Volume 58, Pg. 461, of the Harris County Map Records. • The owner (La Porte Independent School District) has requested a Replat of the property in question for the purpose of consolidating the alley and flanking lots into a single tract of property. Ordinance #96-2137, approved by City Council on September 23, 1996, closed the alley and retained a 16 foot easement for existing utilities in Block 133. Staff, in reviewing this submittal, has spoken at length with School District personnel regarding the ends the District wishes to achieve by the Replat. In the near term, the District is attempting to facilitate a proposed expansion of their Administration Building. City staff, in reviewing the building plans, has determined that the Replat is not necessary in order to accommodate the proposed expansion. In the longer term, the District is attempting to maximize future development options on the block. • The City's Development Ordinance No. 1444 and State Law allows for a Replat or resubdivision of a recorded subdivision plat or portion thereof, but without vacation of the immediate previous plat, and is hereby expressly authorized to be recorded and shall be deemed valid and controlling when: 1. It has been signed and acknowledged by only the owners of the particular property which is being Replatted or resubdivided. 2. It does not attempt to alter, amend or remove any covenants and restrictions. 3. There is compliance, when applicable, with Section 212.014 and 212.015 of V.T.C.A. local government codes. 4. 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 5. 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. (This cost is $50.07.) • Notifications and advertisement of the mandatory public hearing were complied with on November 3, 1996. • The replat document should identify Ordinance #96-2137, which closes the alley in Block 133, while retaining a 16 foot easement for utilities. The easement dedication language should be noted on the Replat document. Development Ordinance No. 1444 establishes clear options and actions for the Commission to undertake when considering a Replat. They are as follows: 1. A rove the Replat as filed; 2. Disapprove the Replat as filed, provided the reasons for such disapproval are stated in writing and a copy of the statement is signed by the Chairman of the Planning Commission. Commission action shall be noted on three (3) copies of the Replat, which shall be distributed to the developer, Department, and official files of the Commission. Final Plats: Effect of Approval 1. Ap royal of a Replat as filed and all accompanying documentation by the Commission, together with approval of Public Improvement Construction Documents by the Director shall result in issuance of a Development Authorization by the Department which permits the developer to begin construction of subdivision improvements. Not applicable in this case because it does not involve construction at this time. 2. Disapproval of a Replat requires filing of a new Replat. The City has no objection to approving the Replat subject to the following conditions: 1) The public hearing cost of $50.07 is paid by the applicant. 2) Ordinance #96-2137, approved by City Council on September 23, 1996, is shown on the Replat as the document that closed the alley in Block 133 and retained the 16 foot utility easement. ~ i -VSw.~ )4 ~ ~ ' gh ~,,,y '.I.V.a.e..t yr4 r 6 ^lrC ~ s;mnr wn~cE+.l0 I l 1 ,E a _ IU ~ ~9t • ;~ ^?~ N86.55' 46'E ' 266.00' -~,- ~ •'„; • '. ..... - r •.9.'.....o-~.'.r ^'n. m .111. t .. .. .._ - , I ,, a e. •n e~ ., I'w.) _ ._ $s .: ^~ ~ ,~ , I ~s Ir ! _ , - .._ . _ ~ s~ ~-_ .. ... ...... ....__.__..... .. i ._.. ' '.h .. .... ...... .._...... v, I .. .. 4 __. .. r............... v, ~° ... _... ._ _ kJ v~~ 1L~~ - O ,F 5 ~.. 4i p ' 1 . I O O ~ ~ , e ~~_ IP , ~ .. }..... .......__._ _.. _...... _. O __.. O Ell W n I ... ....... ~ _.. ~ ~,+~ ~ e : I O ' Ny LL • 3 v ._.... __ s , ~~ C gf ....___...... __.... _...._. ,.. _. 1= ( I .. I ~~ ~: a ! t `i /~ . Q ~ ., iG_. l C~ x S ._I, .._.__.. .............. ~ .. M7 Z Y 6 ¢ ~ I I. I f P .. ... _ _ ... _........ _._. _........_. .__ - 1 a~8320 ACRES AREA -~ ..... ~ ~ i f I ~, //yy LJ.. H _. .:. .._ _.. .. .. _......_. ..........._ _ ............... ..._. I 7 I _.. _.. I I... __._ __._ '~..... ~' I ~ _... . A ~~ __.~-_ ._. __ __ .. ... ~ ..... ..... _..._. I _.. _ ... ... ........._... _.. . s.~,,,~, tin •Xn.. •~~..~ _ ... _ .~._ ____. _. ~ _... ~ s ~ M1 / + m. y1 P. _ _ 2 9,yCa0.. SB6'S5 46 W - 266.00 I 't' „~„ STREET (F)R.G.W:~ .. _..._ i .___.._..... .. _.___.-__--~ I I 1 I I ~ ! PLAT ACNRACT CLRTI [[GTE I, Don Denson, em registered under CAe lore of the State of Texas to practice the pra[eaeion at surveying and hereby certify that the above plat is true and correct; end [hat ell beeringa, distances, angles, curve radiueee, an ntrel eng Les are ecrontsly ehovn on the plat. OFt~r ..tT~r '4~ - 9, ~...... S Don ..:........ ~• .. Texan 0.egistretion No. 20fi8 DON [N7LSON ..'.'o~+'`.P. EUp~O [, Beverly B. Rau[man, Clerk o[ the County Court of Iiarrie Cooney, do hereby certify that CAe vithin inatrunent rlth its earn Elcets of authenticetien ran filed tar [egiatretion In my office on 1996 et -o'clock IA.M. o[ P.M. ), end et Piln Code Ho. of the Map Renrde of Ner[ie County, 7ezas end duly rerorded on , 1996 et _ o'clock (A.X. or P.M. ). r[NESS NT NAND ANO SEAL OP OFFICE, at Houston, Ike day end date last shave rrit[en. Beverly B. Kaufman, Clerk o[ the County Court He[rie County, Texas By: Deputy s O 0 O Q NQ IML W ATTEST: BY ~._... By: LaPOfte Clty Engtnnr Chairmen, LePOrte Plenning end foning Colydssion AT[ES'f: By~Sec[ete[y, LsParte Plennirq ' end Eonilg CosunLsion VICINITY M.1P M. r. S. r IQTLR lp HOIIHDB OLSQIPTIOt A tract or parcel of lend roeteininq 1.8320 scree of land being all o[ Lou S un 2B, lncludve, Block 1J7, end the Ce eamot southerly 300 feet o[ the l6 feet ride Public Ocillty e inside said Block 117, to the CITE 01 IA FORTE, ecrordloq to the 8 Pea 16l subdivision or torndG nap thereof [erorded in Volans 5 , q of the aftieAl Nap Rerords o[ Norris County, Taxes; said L8320 scree of lend being Hare pereltvlerly deeerlbed by necea and bounds se tollors Ivlth all beeclogs Ninq referenced to the :survey SystPa of the Clty of LaPOICa): COMII[NC[MG at a Louod City oL LaPocte Survey Narkar No. 30 located at [he ineeneetioo of South Broedrey end rest '!' Street; THENCE, 4 O7 deg. 27. 07' L, [or a distance oC 978.06 feet io e 5/B-inch iron rod set for CAe PLAC[ OP BEGINNING, Deinq the Soochent tarns[ of aeid Block 173, sane being [he intersection of the west line o[ Broedray (a 100 feet ride public e[reey rich CAe norc4 line of 'G' Street (60 feet ride); THENCE, 9 B6 deg. 75' /6' N, along the north line of 'C' 3trnt (fi0 tact Adel, foe a distance of 2fifi.00 feet to a 5/B-inch iron rod set for romer, acne being the Southreet turner of aeid Block 173, ebo being the lncenaccion of the mores line of 'G' Street with the asst line of first Street (60 feet r(de); TAENCL, N D3 daq. OY IP N, eloeg CAe Best Ilne of tire[ Street (60 feet ridel, sane being the rent line of sold Block 173, for a diseases of 300.00 teat to eke coeon root comer of Lob f and Sot uid Block 173, leas rhlch s lll-lnth inn red bean riteeu st S ]6 deg. 3Y Sf' N, a dlaunce of 0.10 («et; THENCE, N B6 deg. SS' Ifi' E, along CAe cosnion line of aeid Lau 4 end 5, at 125.00 feet pau the rest line o[ CAe sforeaaid ]fi toot ride Public Utility Eaaenent, at 111.00 feet pan the sea line at said 16 Lrot ride Public Utlll[y Leaenent, end continuing along eke rowan line of Lou 2B end 29 of aeid BLOCK 137, for a totsl dLtence oL 266.00 feet toe 1/2-inCh i[oo rod fonod for turner, same being the caspn Beet earner of aeid Lou 28 end ]9, oleo being the west line a[ Broadrey; THENCE, S 03 deg. 01. 11' E, slang the rest line of Broadrey, sane being the nR line o[ aeid Block 1J7, far a dla[ance oC 700.00 Leet to CAe PGCE OP BEGINNING, o[ a trace eontsiRing 1.8320 acts of land. REPEAT OF THE SOUTH 300 FEET OF BLOCK 133 OF THE CITY OF LA PORTS ~?=.'~~ ^I`' - `~.?^I,~~!- %~-, BLOCK 133, .i ,c~..~a[ ~c.able , ,.ti1.R. ~unf`i`Oi'i L+ij~iT~.~ Slj?;=(, C - 3~r ~~ j`a1, ~Cr/lYL'D SL'R7EYGF. flNS~-~_- ! ANG DATA SURVE'IS, INC. ?, O.BOx 890021 HCUSTO[I, TX. 77289 - 0027 (713) 332 - TO50 O'NNER ~A POPiE INCEPE(iOENT SCHOOL DISTRICT 124 BROAO'HAY. LA PORTS. TX. 77511 fCR. JOHN SAWYER, SUPER[NTENDENTI ntE m es - as. A ~ ~ Si~,E I I' • b' STATE OF TEXRS CWNTT OP IIARR /9 re, LePOrte Independent StAaol District, being ornery herelna(ter referred to as Ornery o[ the L8120 acre treU deecrihed In the above old tocegoinq nap of REPGT OP TNL SOUTII 700 PELT 0! B(pCR 177 OP TIIL C[ti OP W POHTL do hereby make and aetebl Leh aeid subdivision o[ aeid pmpetty according to elL Linea, dedlcetlone, reetrictione and notation on said nap or pint end hereby dedicate to [he uce o[ eke publ lc forever, ell atreete (except those Kreeta des ignored ee private atreete 1, slieys, perks, rater rnureee, drains, eesemante, and pnbltc places shorn thereon for the purposes and consideretiane therein expressed; end do hereby bind ourselves, our hews, eucreeeore and assigns to verren[ end forever defend the e isle to the land w dedleated. IURTIIER, Ornery have dedicated end by these presents do dedicate to CAe vee of the public for public utility purpoen forever sn unobstructed serial cerement flue (7) !ee[ ridth from a plane treaty l20) feet above the ground level uprard, located sdjecent to ell ca.on use public utility enewente sAorn hereon. fURTiILR, (liners do hereby dedicate to the publ lc s strip aL lend [Itteen Il5) feet ride on each Bide of the center Itne a[ any end ell bayous, tteeks, gullies, revinn, dram, sloughs, or other netureL drainage roureee Imceted In sold plat, as eesenenta [or den image purposes, giving the City of LePnrte, NarrL County, or any other governmental egeney, the right [o enter upm meld easement et any end ell times !or the purpose of ronstruction end neintenence o! drainage [ecilities and structures. PURTIIRR, Ovnera da hereby rovenent eIW agree Chet ell aL the property rich in the houndariee o[ this plat end sdjecent to any dratnege easement, ditch, drainage rays end eeeeslente clear of fences, buildings, plentiml end other ohetructione to the operations end nintenence o[ [he drainage facility end the[ such ehut[inq property shell not Dc penitted tv drain directlp into this easement except by means o[ any approved drainage etructurea. FURTHER, Ornery certify that Chis rapist does not attempt to alter, amend or remove any cavenanb or reetrictiona. DR. JOHN 9ANYER, SUPER INTP.NDLNT, W PORTS INOEPLNOLNT SCHOOL D197N ICT STATE OL TEXAS COUNTT Of HARRIS Before me, the undersigned authority an Chia day penonelly sppeered , knwn to ne to he eke person rhose nerve ie eubecrlbed to the [oregoing lnnrument end ecknorledged to me tAec he executed the sane (or the ronsideretlen end purposes therein stated. GIVEN ONDER MT NAND AND SGL O( OFFICE, THIS DIIT 01 1996. My Cosmiesion expires: Notary's aignsture Notary's printed none CITT APPROVING aUTIiOAfTT CLRTI(IGT10N This is to certify shat the Cicy Plenning end Loning Commies ion of the Clty of LsPorte, Texas, hea approved Chia plot and eubdivlelon o[ R[PG7 OP TNL SOUTH 300 PELT OP BLOCL 133 0! TNL CITY OP W PORTS in con[onenca vith the ordinances o[ the Clty o[ LaPorte and authorized the recording of CAIe plot this _ day o[ 1996. ' HY~__. ._ ... _. _._ U[[ect~r, :w Pore r,+nninq Dep[. H Zone Change Request #R96-006 • . Staff Report Zone Change Request #R96-006 November 21, 1996 A public hearing and meeting of the Planning and Zoning Commission was held on October 17, 1996, to consider approval of Zone Change Request #R96-006. The request was tabled until the November 21, 1996, meeting to allow the applicant time to prepare a development plan for the Commission's review. The applicant, Ms. Stevens, has submitted a sketch plan and a description of her proposed changes. These documents are identified as Exhibits C & D to correspond with previous exhibits shown in staff's original October 17th report. No changes have been made to staff's original report. •!j/ _ , ~ ;"- S C'~ ~ -, t t~..~.-_.--~ ~, c ! ~ --- ~ ~ }}~~~~~~ .~ . c•,:-e ~.,t~ .~ • • At this time there are two commerical buildings with businesses in operation. The larger building is an Automotive Repair. The smaller building a small engine repair, mainly lawnmower repair. We are requesting a zone change of 2755 and 2757 S. Broadway to Neighborhood Commerical. This would allow us to change the type of business from small engine repair to a Beauty Salon. The tenants lease is up in January. As soon as he moves out we plan to start our remodeling and improvements. The larger building will stay an Auto Repair. The outside of the building will be painted light beige with the trim a dark brown. This will be more of an attractive color. The Beauty Shop will also be painted light beige with dark brown trim. We plan to pave and stripe the parking lot,and do landscaping. All of these changes will upgrade and beautify this area. We have lived in this area for more than 11 years. The changes we have seen are businesses closed and abandoned. ~ You have stated that you want changes of Old Hwy. 146. ~ NOW is your chance to do so. Take the first step in revitilizing your community by changing the zoning to Neighborhood Commerical. Without changes Old 146 remains the same. You have to.start by taking steps for improvement. Now is that time to change. Its your choice, your improvements, make this change for the community. 4 EXHIBrI'' D C~ J Staff Report Zone Change Request #R96-006 October 17, 1996 Requested for: Trs. 18B and 18F; Crescent View, which is further described as being located at 2757 Old Hwy. 146 (S. Broadway), La Porte, Texas. Requested by: Dorothy E. Stevens, Owner Current Zoning: High Density Residential (R-3) Requested Zoning: Neighborhood Commercial (NC) Background: The tract in question has two (2) existing buildings, which in the past have housed an automotive repair shop and a drinking establishment. In September, 1989, the zoning of the property became R-3, which resulted in the buildings and uses becoming considered "pre-existing, non- . conforming". The building, addressed as 2757, (which housed the drinking establishment) now operates as a small engine repair business. The building addressed as 2755 (which housed the automotive repair) still operates as an automotive repair/body shop. Analysis: The applicant, Mrs. Stevens, is seeking a rezoning of the property for 2757 Old Hwy. 146 (S. Broadway) to allow a beauty salon business. (see Exhibit A) Staff, in reviewing the applicant's request, has found it to be a reasonable request. The current Land Use Plan does not show the area to be intended for commercial use, however, the City has been consistent with providing Neighborhood Commercial along major roads within our city limits. Also, the property or individual tract(s) may be too small to allow development of some R-3 uses. The tract in question does not comply with current commercial regulations concerning landscaping, building setbacks and parking, however, some changes to the property could bring the property closer to compliance. Close proximity to the surrounding residential areas should play a role in the final decision concerning the NC zoning. An NC designation for the entire tract (2755 and 2757) would allow the commercial rental of the property and provide services for the neighborhood. (See Exhibit B) Conclusion: Staff suggests that the Planning and Zoning Commission consider approval of Zone Change Request R96-006 to an NC zone based on the following conditions: • 1. Landscaping (6~) should be provided at the site and maintained in the future. 2. Existing parking be changed to a dust free material. 3. New parking area be striped to comply with current parking requirements. 4. Any dumpster shall be located at the rear of the property and be screened from view. A comprehensive look at existing conditions along Old Hwy. 146 (S. Broadway) should be strongly considered. LEGEND ^ SINGLE-FAMILY DETACHED RESIDENTIAL ® MULTI-FAMILY DETACHED RESIDENTIAL ® COMMERCIAL/OFFICE • ^ INDUSTRIAL ® PUBLIC/INSTITUTIONAL ® PARKS do OPEN SPACE ® UNDEVELOPED ® OPEN WATER ^ OTHERS/PUBLIC R.O.W. -••-••- ••- SECTOR BOUNDARY _.._.._.._.,_„ _,._,._ CITY LIMIT ~ ZONING BOUNDARY PROPOSED NEIGHBORHOOD COMMERCIAL e a toe toe ~~ orate eov i• EXHIBIT A ------- --- --------- ---- --- ...~_.. eeMr .aa. .~~ • • Section 6 - 400 Table A - Commercial P (ABC) -~ Permitted Uses (subject to designated criteria established in Section 6-600) P - Permitted Uses A - Accessory Uses (subject to requirements of Section 10-300) C - Conditional Uses (subject to requirements of Section 10-200) and designated criteria established in Section 6-600 * - Not Allowed USES (SIC Code #) ZONE CR NC GC y,.,.,.~.r~..a....wMay.lyy?..ynzrur,. .y...yyz~a}ar, ML-~•:.:: ~JT.~yV.IN.!PTy.V\,yyy~yMly~,~\y}yK~}k .~} '. +;•.. ~~ : { • • ~~ : #i': •-~.vi:XC~ iri r:'•}yYYl .yy/ ~:•yY /ii iYY •y~v: :C 3iiv i •y . , , . - ..• } ~ n •e rf. y\v ry vr++{{{•y%+.• : : i}:+ ;;I:NQ ,O: iRk:...~~: ~~.; :: ~'+~4: - . '• }'~:::vf,:y aa.•.y:, :,;:. }{. •y;.Y{ f: '~ :y },.... : {:{.$; r:,:s{oc~~•~wxw•' ~~:k~;~i'.ti'#:•tr: : ".}:'••S{.::y: '''~~~~ q 1 :e ' ' ~' • ' ~'' ' ' am .y:F P , ~ ,• ~ . :..:. • • ~ . • . •. - - f. y '.: ? . ff! >y;.:... i s'y~•.:. ~ :y~l![Y.9fii}<yik<{}}bbGJ:tilt!~fbGt+JC<•0~M~~!!}Y.{~rC<}{{W.M. .,•.. . . . ::.. .::.. .:.. :ems:: . ~,'::. •{ .:.:>:~ ::<}: . .. _ y}WNy .. y~}Y.Sf;Y~}fi{nt M:•v?:,Y,.Ot,Y}\:.::".C;"^,r:M'QryY•~ ':~J:xy?;mrwry7^?pyy} i~ • • "`i "~~V'i,'3..::~~T.!.~{i''~;IiC:jnti.T••:::: i~!iiTij~L ~ ~ ~ * 1~~,'~'-~~'-~~~l C i~tV.Yn:L4}•yq,{~a.{{•~9h: i}:::.%{. y:X:v.!}Qi}{.:t{pi{Yf :i. ti;::}tiiy~{}yt}}i{{{{.%/I.~tM 4'}v{:C}i{4+C3:•:iv::.iM1{{L{{{.:dLiA~i. ........ Agricultural service (076-078) * * p Amusements (791-799) * * P Amusements (792-794, 799) C * P :..,:,.~,s,.,}:,..,. l~~u{~~~;{ ~~a, see ~~r~r~ ~,5:~: ~ : Li~hi~ GC BL ~ { y fi ..,n::.: .::. :::. :::. * .`..~? ~~f P f ,}hM +% S :}CV:Li-:{{h>:•%A..:4%<U:f}{{}?RK{yGf}JMi ]CSri{}4tIX{A{Kw:K1}pF4JhVwi{O W:{S%W?i{-0A+hA:.vX n\bO RYx nF{: t} K} {}:A :~n~y Arrangements for Passenger Transport (472) * * p Arrangement for Shipping & Transport (473) * * P (I) Apparel and accessory stores (561-569) C * P Automotive dealers and service stations (551,552,553,555-559) * * p Automotive repair, services (751-754) * * p Banking (601-605) * * p Building construction - general contractors (152-161) * * p Building constriction - special trade - contractors (171-179) * * p Building materials, garden supply (521-523, 526-527) * * p - 43 - EX~IIBIT B • • USES (SIC Code #) ZONE CR NC GC Business services (731,732,736-738) * * p Business services (7359) * * P (A, B, C, D) }(~^,~~:!.:{~}?1Y•~~:~v{~/~~' /4:}~~{!~. -. .r .v}a}++ v4 ;Y{Y~i+rN!'{^.. :Y.~jv. ~MYfST1~6\it: '~~I:TiK~`}J '•.~r•~•11~.~~I L'{~{:iYi::ff•:'OY.; ..v V .;r,.} +i.. ..:,.Y/iY tviu}:q. - ~.v..}v•.8{:•?3.' inv.._'1rqu :: }:;tih::.: 'i•'dG2ii:~0,LLY-iG4Li{SY.KY~.\:t.'.)Ct:]G .: • :. ' a va.. v. v..:..: ,:: .. . ; e: r. ... ... ... :n`:}:v Commercial amusement - adult, 5,000 feet from all schools, residences, * * p churches, parks, or other public buildings or uses Communications (481-489) * * p :•+yA?TY,.!:::-0Cni;,.•,;`^,.`y!,':v}}Y}}}}'/AM+y~}~•Y.n:Mvw}}.vYN•..awww. •} rq.. i{+ ' Sn: L CC Y i ' : } : + ~ + ~iX ~ * .^W.:. ,? : {r : !i{ :nH: C S f: ii.\i2it .ktiiS :tiL :4Xik:.~ :Of2{Kt~k~l:ft i wi{fS~:.SL.h :i+i[d:< !:? :4:ti Credit agencies (611-616) * * p Dog Grooming * * P (H) .~v{.•ft' }:+Nr :f•`f."^}Y•'}}~~}Yt!/~.lw:!Y~4fl•~J!.. h'iCH..: :I:;:CN: .t:e yM. /~~w~.v`y+i:•4iS'}:•}@:•}Y:r ~_ Y:' ~'`''~Vl~k4Yih'rnn .v.r.~ ~`N~:iifY. ~ ~G~ ';xr: '. Y..:Lvi:; Jtiw,_:'r} {v,Sl;Y•:..~:p\:rit:•`~`r'xS'n. •' " tiy:)jp%X i:l~{?::i.:{t yi: }}Sti '• 'f? ~ : : y . . v . . : y~{y~~.~y ~+~~•.~.. :.. ::... ~'• • ~ ...: ..~'. •. :':.... {ivliriv'iiiiG}:i stiii~ii~.+irx]CKFii:~iri3v]v:~LY$itn4Wh..v:vJ:iOv'S:..: iiX{{~Av::riGC3 r....4WLW'i»`fi Ynav.Li:•: :.. ~ ::A,J C ^N"~Yn~?'Ki.'„~Y.i, ~-n^"~SiXt}YIA~". y'A«•"" .. }:{+.4 2 .,. * oi}v.~._ :~~:,: Eating & drinking places (5813) C * p :{~,Y;}v.Y•`•: Y,a}Y.,M#,;YnY:imax_nrr_Y~a.+„~.+..<~,;.w{:,,~,:. .,>: {n••: .Y.•::..:yY.Y.:f.•}.v,.t:{4:i0•:.}~:-0{;•:r4r~;{?F~'w vn,•~ ~~/~'.XS}: ~t{pY~i: {•~~}• `'3:riJ. Ai{b}YI..4:'•:vr:Y::•Y::•i} }~ ': }:}:{.y{i. 3 ': ~.:.•: •%S~j'~ : ~~ 4 ; .{-...;x.YY i•. i : fn{CO~Yffvvr} -.4::i• Q}Saati {ijiij+ } • \it(;(iii{.'ti (. ti2iAp' ( C T ~Y Y ~ ` - 'k , , , ii , ,.,sv} ~ µ ,v .} ,~ }~~(;;u\.Va ~\CS+~.S+XS }S yt\fY: ...:.,.....-:r...: .... .....:::.:: .::... .:. }}:y'.}.•:4:': '.... • }:ti+~ h• ' . :b}:i \4 { MM N Khi " ............. . . • . . . • i :n.... :...... {{niKJGG:•iLVfi4CiL4W:~ii{tf L'ib G{{ Y :IJ L{i v4f tWAWY .~::::.: 'vE~ + . . . v R Y/~C• Food stores, general (541,542,544,545,549) * * p Freestanding on premise signs See Sec tion 10-1000 Governmental and public utility buildings (911-922,9631,4311) C * p :..:.. •nvmY..•}:..Y}~},:n,:}} ,.:.,Y::.,:{.}:.:,:: v,, j,;:n::,s..~.M..»>:.:nx,....,,<, .:.::::.,:}:,..w{.n::::{, '~': ''•~~'``~ . f •' ~''~' ' ` ~ ~ ..w ::;... :; . . i• f,:v{:.Y;:.lr.:4 :QratiY,V,v{h.:...{.{..::. :.::hr:r.GtaQfiaii.:-dY:i+tdr;{.i'{:<. .i , ~<:<.> .. ' :<: :.:4 lr:4irvG'iffiP}i'r'i}%ii}}{'r'i}}}iliii}YY: iiiiDiivfAti~JliF:irYK ~F'fr}'i'r'. •ii: Home furnishing stores (571-573) * * p - 44 - EXHIBIT B • USES (SIC Code #) ZONE CR NC GC Hotels and motels (701,701,7032,704) C * P Hospitals, laboratories (806-809) * * P .~ ~ f'vL::.n...:.... '(: ri1r :: ii:`i:? " ...w::' nii: iti5i.'•:ti rr;:i• .: ri::. ::.ik:4`,v\+\'rii>i .;:. .. ~ .: •: xv ,.. ...{riJii~NW.vL%+MRWiwv4Fnn(vWrA.khvLh}$~<wY wvn. Kennels, boarding (0752) * * C Kennels, breeding (0279) * * C Laundry (plants) (7216-7219) * * p Marinas (4493) C * C. . Membership organizations (861-869) * * P Mini-Warehousing (4225) * * C Misc. retail (592,593,5948,596-599,5399) C * P Misc. retail (592,5948,5399) C * P •:h::Y::;.R.::.'~,•r..rfis;Ytt'•u.:'.'2~?Jr::.•a::S.N?~^,.i.•"•`.Y:AC. a'~^}j,: -..+N~•:.: ;~.:::..-..:. :: X.t.:54..... ~ .. . , ~ ~M1'~:h,: }•: ti~~. .:..: ~~ ::.: Ai'"M :o- ::' ~:3!;lfi ~ ~~' i~ :: ~ r• +M ti t`KF~. ~ * ~,.;,... :S'`~ P .. l ..:.. . _.. .... . ., .. . .. : .. : ,. . ...::.::. ~ .W., ,.. .::...: Wr \.Nlvrovii'L:~iFi.•:~1,(,v..:. ~iy~.,{r i '"'"i'iwiii'+6iJ+Cdar+w"+1Cw~:"rvviitiri-0iin}:ri~~+niCJ:ri~1iJ}riL.~iT4:vfi%4:vV}:C•iri•: Misc. shopping (5995,5999) C Motion picture theaters (7832) * * p Museums, art galleries (841-842) C * P Y"'C'ynY.iH.SxM.^ny}.•nnv.~i~;uxv.~':,4..0!?h:Mii::!C.J.W..naY+; w,,:Y:.i:...+~rw.v,{.w{ ai:Y.•:.a~rw.w 3.... ~1~'~T.~-. ~+:}n~lF'~f?'~:~:.11!nI.•~~7::' ~~ rii'~T!~!~:•1!~~ l1.Mii:}:'~ii~:~lY•'~~ '~ .. * ~84~:8:E~~r Passenger transportation (411-415) * * p .~?~zr3cs~.:a~t~:>~~a~:av~r~s iiiAViiii:'; }is~i ii: iviit ti : iiti4 + i i > i i i: :ir i vii<:4: ii: 2 i : : ? ~\d : (A L GU: ~ C F P { : : , r. } : .:..: : : r .: ..i ~:t : < L : : : K :. : ttvv G:. ± ! i yy~•~~}~~a!y.V ~~~J?~..i~!}!~)?U~~~~,yT\YIiSr.~ ~tN..~~y~.~~.~~.~~.~.yl~~~#N~..~~}1~~.V};l>,.1 ~~.N.NJ~.y~J.H~~y}i.~~}~~}i~i.VJ~, .y~...~~.. ~Y.~~~ I~`~~~•Y~ ~~~~~~i ~~ M1 ..~ ~~~ * .:.~.~ ..~: :::: :._. . P ...........:.. ..:..,.,.x...::~..:::....~~......,.,,.:::..:: Repair services (7699) (Except Tank * * p Truck Cleaning) ••{k {Kh14 j;vr'~\Kf"'~ ttYYfh ~\Y!CMYARK':::t L' ~Vf•:n - 45 - EXHIBIT B • • USES lSIC Code #) ZONE CR NC GC •:«ytrrrarngac•`xr rr::~}}}»>r{<a'~ctym•:::atrre`y;.;.~.:~;•,:,.:..,x;;;.r•::.•:>r.;::x:;ms.: .........~~y ~••' ' m:}:: i:.v:...{n :: ii4ti{4:{t: ;;.:.%Sr.':i.. •. r.: •::...::v::tiiv•}:•} :::::: w• • ~•.,; .~., • Securities and insurance (621-639) * * P Service stations (554) * * P Service stations excluding truck stops (554) C * P .'?} Ytiry}}Yf,. NY!A:!t:?Sy{• YJj.: 7}}Y,e:•.wv'R!M.?:fi:.. ~ ~~r;ri~~: ~~2Zi1~~~~ l * YA}•.v{ ~<~~ P aNM.L{{L{tt{At Y\YK<rA riC .. .. {{~r~i:A{tL~yR{K:OL%YY~Uv :vvtiit?•: ~}}:Hr .:?:^.FYI.,.'M~,.,i,4.tihj~_:{M}^~.k+h•..:.. S::':!::F.:`y^; ...... . ... K ~ •~• •••• v ' AOfZR!:tLtSitt<::L+^:tf{~tKY ....<{>{UMYW~i'Ca!t}JAktti{:!C?YirarClK.Y ~:CF:'1..•.•: G:if-v,:;H. 'MM~'':': ... ~~pp~~ :YK•;'y{ w.• .. •A `~•.'v ~HVr.• ;$n, X:}}v.•'rir"+C?:,Y,.{+C•k'r 4}•f~•7j.•H,%q~•f/Y :SNf,.}: <l••iv:::x;,3~'.x~ .. .. 'Y •. ty.. V • } • ., :: :l:AYKi {: r, ~%{{.,L?{:(t]C6Y%S:Lt NWw{AtL~ Qti «O P4:!L 4 C2 L:Y K ! {C : .\ •%:ii:.Y:v:.:S;f:\+ii a! G :: i •..•.,.. ~ Y i ~ w~ i ~ ~ ~ ~ ~ ~ ~ ' '''•~'~''`i;?~i: ~ ; Lic ~„',,~~~„~ ~~:it•.{:YAY;:.~ iiin~i;C<~+ 'dfS ~r: v •Y:i : : Y: J3t~Yn K2a•~ ' :uGSt i'~y` /'1 ` ~Y~~~:•., ~ P C . , . ..: .. . O t tt ; ; ~ . ~iiva~7K'i~ii••~ei~u.~'',',"r +:~~~~,~{y~'iJ~'~+~'~`..•iLG.~cz,;•t:~ '•i~..'••.ar ::::~:~:•'Painllk~' ; ' • ~ { ~ * ~ C { :t+ah:4:[04.Yi:[{H::t[<K:Q:{:S:}{af+e~CLR!L ry:.:f:{rbtny%YNbwMif2{::X[K/i{{{{btti.y+:HN:%J{rxv{:\ '.}Rt::Y{t{t Wks n•SM :::\riliit ~ •{([{• Outdoor sales as a Primary or * * P(C G) Accessory use , Outdoor storage as an Accessory Use C * P(B) Outdoor storage as a Primary Use C * C ti:'.i3. ' Y v: C ::Y}S ii~.•iS:: i}}:{4iiw:4:•%J:{ i::i{•?!S:{vti.•:•riirivS:v •!{•n... .:.v. r.. sy'~, fvvlF/{'Nnvr:.•}•Qy/jt„h.SY,r,'f,.;]Y{ice : M}iP'M}: .}:;}Y:. °.m.}y,.vw{^wad."h:{{{:.{r!..•.•{.ri~p:ry.Sn_}u t?F ~y!~~ +J:.....T~! .:. :t tii~ttKK; lC~Y{~~t!(\i{{ \Y{ tint \ttA C ~ •~~a C .. •.v:{ :Mvro:{•bvv.}v::xY!S;.yywv,4•:.}•.ttYi:}x:T:.}v.;{ `.. • ~•~~~:~{fi'n'(: J/:~ v{{v}i:.•r'ir•N:iii$isCG%45Cv:}.ri-'i.:~::rti!r i:4}:S:+nr•'ibri{{wv:4: 'M~.'~ :;: ~• .. C :: " • mv:{ • •n• • ..; . iv.•iwiFiir}n4:4:•:4r ^'i: ^.,:P}Y{?:{:M.y}i:.~;x1~v::` fir:;{:}}}}h:•}T:?}: t};n;.}}v;r.;m+.xvnv};rti_....:i{.~:nv.};.x.}; :.Dsi'Si::.::. S:-i}: 111~F4 ~~±~ ~~~ ~~!}~ pp ~ ~~ }~~Qf' 4 . 3T.llt.\ } S S. }.iJ3 S)1r3 a:::~iaa: C ><iC C •~. {.;.}:-:nJ::;{:; F.:Ma%i::S.v.' "ri':~:x;.?i:{:it'Y.r,.iYfr>Yr{;}:•:{^i>:ii:• ... ::::.rv::: ;•:::n ;::.::x:r:::: : ::: .. :: {!!•isiiiii<:::a{>li/{Ct:Kit{:%a::vi:::i:iwi::~fii:: {!+J .:?ri:J:::::!{.iii: C C , .. ~::::a::: 6-401 Interpretation and Enforcement Property uses, except as provided for by Section 6-400, Table A, are prohibited and constitute a violation of this ordinance. - 46 - EX.~IIBIT B • Zoning Ordinance Amendments Landscape Requirements Sections 5-701, 6-600, 7-601, 10-103, & 10-508 • • Staff Report Proposed Landscape Amendments November 21, 1996 Zoning Ordinance 1501 Based on the discussion at the September 26, 1996, Planning and Zoning Commission Meeting, the proposed landscape amendments were prepared in the form in which they will (if approved) appear in the Zoning Ordinance. A public hearing and meeting of the Commission was held on October 17, 1996, to consider approval of the proposed changes. The request was tabled for further consideration until the November 21, 1996, meeting. Current ordinance language addresses the percentage, location, and type of landscaping required. The intent of this ordinance provision was to provide permanent beautification as long as the business existed. To date, many businesses have failed to maintain these requirements. They are legally in violation of the ordinance. However, staff recommends the following clarification statement: Amending language is shaded for easy reference. .:.:.........:::,:~.1~.::.:::::::::::::::::::::::.::::::::.::::::::.~::::::::::..~::::.:::::..~..:._._::::.:::::::.::.::.:::.:::.~:::.~::::::::._:::.. 5-701 Table B Footnotes 1. Lot Size Required Developed Open Space/Lot 5000 -6000 Sq. Ft. 4000 - 4999 Sq. Ft. 3000 - 3999 Sq. Ft. 2000 - 2999 Sq. Ft. a. 200 Sq. Ft. 300 Sq. Ft. 400 Sq. Ft. 500 Sq. Ft. Min. size of developed open space - 1/2 acre for every 80 units or fraction thereof. b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the conditions established in Section 10-102 of this Ordinance, with all documentation required to be submitted for filing in conjunction with the final plat. (See also La Porte Development Ordinance Section 4.04). 2. A minimum landscape setback of twenty feet (20') will be required adjacent to all conservation areas. Buildings, parking areas, and refuse containers will not be allowed in such setback area. These areas are to be landscaped with trees, shrubs, and ground-cover, with a planting plan required to be submitted and approved by the enforcement officer. ~q[:~~~`~ ~ ~~~ ~Y • • 3. The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet (3'). No portion of any building including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary. 4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one(1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one (1) adjacent structure. In no case shall the minimum front yard setback exceed thirty feet (30'). 5. All side yards adjacent to public R.O.W.'s must be ten feet (10'). 6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet (10'). 7. D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. 8. All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external forces as defined by the Standard Building Code, or in the case of a modular home, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the Southern Building Code. 9. See Section 10 - 500 through Section 10 - 508 for additional requirements. 10. 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. Section 6 -600 Special Use Performance Standards A. Required Screening 1. A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet (6') in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet (2') of the required screen. 2. Standards • • a. Width of planting strip -four feet (4'). b. Type of planting -evergreen. c. Size of plants - Minimal height of four feet (4') at time of planting. Must reach a height of six feet (6') within two (2) years. d. Planting density - Such that within two (2) years of normal growth, a solid screen will be formed to a height of at least six feet (6') above adjacent grade. 3. Screening will be required in the following situations: a. Parking areas for recreational buildings, community centers, religious, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. 4. Required screening will count toward the required percentage (%) of landscaping. B. Outdoor Storage Open and outdoor storage as ari accessory or principal use provided that: 1. The area is screened from view of neighboring residential uses or an abutting residential district in compliance with Section 6-600(A). 2. Storage is screened from view from the public right-of--way in compliance with Section 6-600(A). 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of--way or from neighboring residences and shall be in compliance with Section 7-501(1)a. 5. Accessory outside storage connected with a principal use shall be limited to thirty percent (30~) of the gross floor area of the principal use. C. Outdoor Sales/Service • Open or outdoor service, sale and rental as a principal or an accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: 1. Accessory outside service, sales and equipment rental connected with a principal use is limited to thirty percent (30~) of the gross floor area of the principal use. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 6-600(A). 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of--way for from neighboring residences and shall be in compliance with Section 7-501(1)A. 4. A landscape buffer shall be maintained between all outdoor sales and service areas and adjacent public rights of way. Landscape buffers shall be designed in accordance with the requirements of Section 6-600(G). D. Traffic Control The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of Director of Community Development. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public right-of--ways. Ingress lanes shall be from the least heavily travelled street wherever possible. E. Off-Site Parking 1. Any off-site parking which is used to meet the requirements of this Ordinance shall be required to meet the following conditions: a. Such off-site parking shall comply with all parking standards stated in this Ordinance. b. Reasonable access from off-site parking facilities to the use served shall be provided. c. Such off-site parking shall be within 300 feet of the use served. 2. Any use which depends upon off-site parking to meet the requirements of this Ordinance shall maintain the minimum number of required parking spaces or cease operation and ! • use until such time as there is full compliance with the requirements of this Ordinance. 3. Whenever required parking facilities are on a lot or parcel of land other than the principal building which is to be served, a properly drawn legal instrument, executed by the parties concerned, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Secretary. 4. Any use which depends upon off-site parking to meet the requirements of this Ordinance shall require a certificate of occupancy, renewable annually, as regulated by Section 11-300 of this Ordinance. F. Joint Parking 1. The City Council after receiving a report and recommendation from the Planning and Zoning Commission, may approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: a. Up to fifty percent (50 %) of the parking facilities required for a theater, bowling alley, dance hall, bar, restaurant or similar use as determined by the Planning Commission may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection (d) below. b. Up to fifty percent (50 %) of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses; auditoriums incidental to all public or parochial schools, churches, bowling alleys, dance halls, theaters, bars, restaurants or similar uses as determined by the Planning Commission. c. Up to eighty percent (80 %) of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under (d) below as primary daytime uses as determined by the City Planning Commission. d. For the purpose of this section, the following uses are considered as primary daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing, wholesale and similar uses as determined by the Planning Commission. • e. Conditions required for joint use: 1) The building or use for. which application is being made to utilize the off-street pazking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facilities. 2) The applicant shall show that there is no substantial conflict in the principle operating hours of the two (2) buildings or uses for which joint use of off-street pazking facilities is proposed. 3) A properly drawn legal instrument, executed by the parties concerned for joint use of off-street pazking facilities, duly authorized as to form and manner of execution by the City Attorney, shall be filed and recorded in the Harris County Deed Records. G. Landscake Buffers Landscape buffers shall be a minimum of four feet (4') in width. Plantings shall consist of trees and low ever reen shrubs. ~.':`.`~€i~~`:.: ~-'~-~'-`"_~ ~~:'~~'<~# ..... .................... ......... . .::..:::::........ ,.::::r::::.~.:..:.. ..:: .......:...............{iii ;iYKi?T!i?!i ~ i{tititiii' "1":itiaiiii::SQ:)ttii!iiiti?:tii•:ii{ti~titii +.:. :.:..:::-:.:::.. :..:::......:.. ...... e~~:-~~~::~::~;~ Director of Communitv Development or his duly representative. H. Dog Grooming There shall be no overnight boazding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. I. Shipping & Transport These facilities shall be limited to office activities only. No wazehousing or handling of freight shall take place at these facilities. No trucks, other than light trucks (as defined by this Ordinance) shall be allowed on premises occupied by these facilities. RESERVED FOR FUTURE USE Section 7 -601 Footnotes 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, pazking azeas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These azeas aze to be landscaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and a roved by the enforcement officer. gii~~gtp!'~ti~,.-.~-~..~.€ PP .................................,................:........~:v........................,.........................,,kr,..... • 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of-way, or rail service spurs. 4. See Section 10-500 through Section 10-508 for additional requirements. 5. No sign shall be located in a required sight triangle in such a manner as to obstruct traffic visibility at a level between three feet (3') and six feet (6') as measured above adjacent road grade. Section 10 - 103 Specific Development Requirements: P.U.D. District Developments and Intra District P.U.D.s 1. General Residential a. Purpose It is the intent of this Section of this Ordinance to establish provisions for the granting of a conditional use permit for Planned Unit Development-General Residential projects which are in compliance with the permitted and conditional uses allowed in a specific district including dwellings, and institutional uses of one (1) or more buildings in relation to an overall design, and integrated. physical plan in accordance with the provisions and procedures as prescribed in this Ordinance. b. Minimum Project Size The tract of land for which a Planned Unit Development-General Residential project is proposed and permit requested shall contain not less than five (5) acres of land. c. R.~e uired Frontase The tract of land for which a project is proposed and permit requested shall not have less than two hundred feet (200') of frontage on a public right-of--way. d. Yards • • The front, rear and side yard restrictions at the periphery of the Planned Unit Development site, at a minimum, shall be the same as imposed in the respective districts. No building shall be nearer than its building height to the rear or side property line when such line abuts an "R-1" or "R-2" use district. No building shall be located less than fifteen feet (15') from the back of the curb line along those roadways which are part of the internal street pattern. No building within -the project shall be nearer to another building than one-half (1/2) the sum of the building heights of the two (2) buildings. 2. Townhouses CooRerative Condominiums Multiple-Fami1X Structures -Requirements a. No single townhouse structure shall contain more than twelve (12) dwelling units. b. Minimum unit lot frontage for townhouses shall be not less than twenty feet (20'). c. Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned. d. Townhouses, cooperatives and condominiums maybe subdivided on an individual unit basis according to the provisions of the La Porte Development Ordinance, or under the laws of the State of Texas. 3. Density Bonus As a consequence of a Planned Unit Development's planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased up to ten percent (10%). The building, parking and similar requirements for these bonus units shall be observed in compliance with this Ordinance. 4. Commercial and Industrial a. Purpose The intent of this Section of the Ordinance is to establish provisions for the granting of a conditional use permit to erect Planned Unit Development - Commercial and Industrial projects which are in compliance with the permitted and conditional uses allowed in a specific district in one (1) or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures in this Ordinance. b. Minimum Project Size The tract of land for which a Planned Unit Development -Commercial or Industrial project is proposed and permit is requested, shall contain not less than five (5) acres for commercial and industrial projects. c. Fronta e The tract of land for which a project is proposed and a permit requested shall not have less than two hundred feet (200') of frontage on a public right-of--way. d. Yazd No building shall be neazer than fifty feet (50') to the side or reaz property line when such line abuts an "R-1", "R-2", "R-3" or MH use district. e. Landscaping, Screening and Surfacing 1. The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage. 2. A drainage system subject to the approval of the Director of Community Development shall be installed. 3. Developments abutting an "R-1", "R-2", "R-3" or MH district shall be screened and landscaped in compliance with required screening and landscaping for the specific use involved as required in Sections 6 & 7, Table B. 10 _ 508 Landscaping A. Landscaping is required in percentages specified in Sections 5-700, 6-500, and 7-600. Site plan and/or sepazate landscape plans -shall be submitted in conjunction with building permit applications. Approval of landscape requirements is a condition of building permit approval. 1. Total azea of required landscaping shall be computed by the following method: a. Total developed site azea shall be computed. b. Total azea of roofed over improvements shall be computed and then deducted from the developed site azea. c. The azea of required landscaping shall be based on the total remaining developed site azea. • • B. Public right-of--way may be used for landscaping purposes. However, right-of--way used for landscaping will not contribute towards a total required landscaping percentage for parking and open-space areas. Landscaping on public property or easements is at owner's risk and subject to the requirements of Section 10-504. C. Landscaping plans shall be developed using the following criteria: 1. Location a. Required landscaping shall be located in the front and side yard. b. Landscaping located in sight triangles shall be maintained in a manner that maintains an area of clear visibility between three (3) and six (6) feet as measured vertically from the adjacent prevailing grade. 2. Types of Plants and Materials a. Grass, ground cover, flowering and non-flowering plants, shrubs and trees, wood, timber, stone, fountains, and ponds may be used for required landscaping. City of La Porte Planning and Zoning Commission Public Hearing November 21, 1996 ~~ Any person wishing to speak A. Printed Name B. Signature C. Item In Favor Of any item being considered by this Commission, please indicate below by: 1. A.~ ~~l ~~ mil' ~y ~Y`l S 3. A. .~~~UN l~ ~ ~. FD~2 ~ c. `~~b-0~tp 4. A. ~~ `l ~9~1 ~, cS/GIG ~-y.S B. r~(~~~:ts-sue s~.~~4.1.~~•~ -yb C. ~-~'Jr~ '~c~~ -fit - r 6. A. 1.~ t-t-,: L ~?~~G B. C. 1 ~ ~ ~.~r 7. A. B. C. 8. A. B. ~ C. 9. A. B. C. 10. A. B. C. 11. A. B. - -C.- - - - - - - - 12. A. B. C. 13. A. - _ - -- B. C. City of La Porte Planning and Zoning Commission Public Hearing November 21, 1996 Any person wishing to speak in OSITION o ny item being considered by this Commission, please indicate below by: A. Printed Name B. Signature C. Item Being Opposed 3. A. ~~ ~-~ ~t`~~ B. C. ~ `~'~ --OCR ~, 4. A. J~.i ~.c. ' ~-T'7?o ~~cC B. ~~s~ C. ~ ~~- Q~G. .~ 5. A. B. C, 6. A. B. C, 7. A. B. C, 8. A. B. C, 9. A. B. C, 10. A. B. C. 11. A. B. C. 12. A. B. C. 13. A. B. C.