HomeMy WebLinkAbout01-17-2002 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission•
Minutes of the Meeting
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PLANNING AND ZONING COMMISSION
MINUTES OF JANUARY 17, 2602
Members Present: Melton Wolters, Dottie Kaminski, Pamela Baldwin, Ralph Dorsett
Members Absent: Betty Waters, Hal Lawler, Ross Morris
City Staff Present: City Planner Gwen Goodwin, Planning Coordinator Masood Malik,
Planning Secretary Peggy Lee'
I. CALL TO ORDER
Meeting called to order by Vice -Chairperson Melton Wolters at 6:04 PM.
II. APPROVE MINUTES OF THE NOVEMBER 29, 2001 REGULAR MEETING AND
PUBLIC HEARING AND DECEMBER 20, 2001 WORKSHOP MEETING.
Motion by Dottie Kaminski to approve the Minutes of November 29, 2001 and
December 20, 2001. Second by Ralph Dorsett. Motion carried with all in favor.
III. CONSIDER APPROVAL OF THE FINAL PLAT OF SPENCER LANDING,
SECTION 4, LOCATED OFF NORTH "D" STREET.
Ms. Goodwin presented sta&s report. The Commission approved the Preliminary Plat
for Section 4 on November 29, 2001. Staff reviewed the Final Plat and recommended
approval with noted conditions.
Motion by Ralph Dorsett to approve the Final Plat for Spencer Landing, Section 4,
subject to the following items being completed prior to recordation of the plat.
1. All construction improvements shall be completed at the site.
2. Payment shall be made to the City in the amount of $338.09 for street sign
installation.
3. Payment shall be made to the City in the amount of $2,300.00 and $1,963.20,
for installation of ten (10) streetlights, and one year's service cost,
respectively.
4. Payment shall be made to the City in the amount of $7,350.00 in lieu of .
parkland dedication.
Second by Dottie Kaminski. All were in favor and the motion carried.
Planning and Zoning Commissi� •
Minutes of January 17, 2002
Page 2
IV. STAFF REPORTS
Staff provided the Commission with a copy of a memorandum dated January 11, 2002,
from the Assistant City Manager to the Director of Planning, regarding the future
expansion of Sens Road from Spencer Highway to North "P" Street. Ms. Goodwin
informed the Commission that the City is in the process of drafting anordinance to
deal with setback issues and additional right-of-way that will be necessary for
expansion of the roadway. The Commission viewed an aerial map of Sens Rd. In the
near future, the Commission will be asked to comment on the proposed ordinance
and forward their recommendation to City Council.
V. ADJOURN
Vice -Chairperson Wolters adjourned the meeting at 6:11 PM.
Respectfully submitted,
Pe '
Planning Secretary
Approved on this day of &&W4 2002.
etty NAters
Planning and Zoning Commission Chairperson
Zone Change Request #R 02-001
Exhibits
1. Staff Report
2. Vicinity Map
3. Application
4. Public Notice Response
Staff Report February 21, 2002
Zone Change Request #02-001
Requested by: Eddie V. Gray, Trustee
Fairmont Park, JV.
Requested for: TR 13A, W. M. Jones Survey, A-482
Location: Fairmont Parkway @ Driftwood
Present Zoning: General Commercial (GC)
Requested -Zoning: Low -Density Residential (R 1)
Background: The property is located at the northeast comer of Fairmont Parkway and
Driftwood Drive. It comprises approximately 22.4 acres of land out of W. M.
Jones Survey, A482, LaPorte, Harris County, Texas. This tract is bounded
on the east by the Exxon/Mobil Pipeline Corridor, on the west by Driftwood
Drive and located south of the detention pond in the Fairmont Park East
Subdivision.
The applicant is seeking this rezoning from General Commercial (GC) to
Low -Density Residential (R 1) to provide for single-family dwellings. As
shown, this rezoning would consist of 17.2 acres, while 5.15 acres along
Fairmont Parkway would remain zoned General Commercial and not be
considered a part of this request.
Analysis: In considering this request, staff has reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Parks and Recreation,
Utility Infrastructure, and Residential Development. The specific issues
considered are as follows:
Land Use — Review of the City's adopted 2020 Land Use Plan shows this
area developing with commercial uses. Amer looking at the existing land
uses of nearby properties, commercial uses appear to be inappropriate.
Here, the development of the adjacent properties (Fairmont East
Subdivision) is largely single-family residential with some commercial uses
(convenience storelgas station) along Fairmont Parkway. Staff believes the
requested rezone to R-1 is more compatible with these current uses.
To enhance compatibility, staff suggests that .Reserve A adjacent to the
proposed subdivision also be rezoned to R-1.
Zone Change Request #R 02-001
P & Z Feb 21, 2002
Page 2 of 2
Transportation — The tract in question has approximately 600 feet of
frontage along Driftwood Drive, a main access to the Fairmont Park East
Fairmont Parkway, a semi -controlled access highway should accommodate
the traffic generated by this development. Previously, the Commission
expressed interest in an internal access system for the General Commercial
area adjacent to Fairmont Parkway. This would limit and reduce the number
of future driveways directly connected to Fairmont Parkway. However, the
Commission can address this issue during review and approval. of the
amended General Plan. (Staff is currently reviewing the plan.)
Parks and Recreation — The nearest park facility is the Fairmont Park East
Homeowners Association Pack at the corner of Mesquite and Driftwood
Drive. The HOA Board previously contacted the City regarding parkland
issues. The association is willing to discuss development of the detention
basin into usable parkland/open space.
Utilities — There is sufficient water and sewer facilities in the vicinity to .
provide service to this proposed development As far as public infrastructure
issues are concemed, it will be developer's responsibility to provide any
structures or improvements necessary to accommodate water and sanitary
sewer. Storm water drainage and detention is to the north of the property.
Residential Development — The intent of the Comprehensive Plan is to
provide for attractive low -density residential neighborhoods. The
neighborhood protection standards applicable to this project may include
physical screening, increased setbacks, and use of open space buffers.
Currently, the zoning ordinance allows building setbacks of 20-20-10 as a
buffer between residential and non-residential uses.'The Commission may
want to consider additional buffering between uses during review of the
General Plan.
Conclusion: Staff suggests that during review of the General Plan, items such as
increased setbacks and deeper lots be considered to make R-1 more
compatible with GC. At this time, staff recommends that the Planning and
Zoning Commission approve this zone change request with the modification
that Reserve A for GC (0.40 ac.) is also rezoned to R-1. The change would
represent the highest and best use of the property. Furthermore, the change is
not contrary to the goals and objectives of the Comprehensive Plan.
Actions available to the Commission are
• Recommend approval of the zone change as requested
• Recommend denial of the zone change as requested
• Recommend approval of a modified version of the zone change
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City of La Porte.,
Established 1892
APPLICATION FOR
ZONE CHANGE REQUEST
Application No.: Oa —0
OFFICE USE ONLY: FEE: $100.00 Date Received: a_
Receipt No.: 4 V 7 /
() Site Plan () Minor Development Site Plan
() Major Development Site Plan General Plan
() Site Plans Submitted on
Appliant's Name:
Address: • 0 • T
Date: o'Z o A )
Address:
Owner's Name: S A M E .
Property Legal Description:
Date:
Ph: 8/14aa-'3677
Ph:
( ) See Attached
I AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND
IS AUTHORIZED TO FILE THIS APPLICATION ON MY BEHALF.
Signature:
Zone: G. C Requested Zone -Change: SIC No:
Proposed Usage:
OFFICE USE ONLY
1) Planning & Zoning: (a) Preliminary Meeting -
(b) Public Hearing/Mtg. -
Recommendation:
Applicant Notified of Date(s): ( ) 1st Mtg. () 2nd Mtg.
Adjoining Property Owners Notified:
2) City Council: (a)
(b)
Approved ( )
Denied ( )
Regular Meeting -
Public Hearing/Mtg. =
Adopted by Amendment Ord. #1501 -
P. 0 R„v I 1 I ; • 1 •, R.. T,ic -- i , 1. 1 1 1 ; • r' 1 , % 17 i ;,)In
• f�
A Meeting of the La Porte
Planning and Zoning Commission
('Type of Meeting)
Scheduled for
Febru •21, 2002
Pate of Meeting)
to Consider
Zone Change Request NR 02-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
y U v
Signature City, State, lZip
RECEIVED
FEB 14 2m
PLANNING DEPT.
.. RESOLUTION NO. -2 00 1)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF CITY OF LA PORTE,
TEXAS, PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE .
ISSUANCE OF BUILDING PERMITS _ AND ALL OTHER ZONING AND/OR
DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MID AND HIGH -
DENSITY RESIDENTIAL - ZONING DISTRICTS; PROVIDING THAT SUCH
MORATORIUM SHALL EXPIRE AFTER ONE HUNDRED EIGHTY (180) DAYS OR
DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO SUCH.
DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS.
IN THE EVENT OF HARDSHIP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there is undeveloped land in the City of La Porte, Texas, the
development of which may significantly impact City services, such as water, sanitary
sewer, traffic, sanitation, and fire and police protection; and
WHEREAS, the construction of Mid and High Density Residential projects have
raised concerns regarding the impact of these projects on adjacent properties; and
WHEREAS, -the City of La Porte has not conducted a thorough review of its Mid
and High Density Residential regulations since 1987; and
WHEREAS, the City.Council of the City of La Porte desires to. -avoid the adverse
effects such development may have on the public health, safety, and welfare of the
citizens of the City of La Porte; and .
WHEREAS, the City Council of the City of La Porte, in order to avoid any adverse
effects, to further the goals of the 'Comprehensive Plan update, to provide for orderly
future development and growth, desires to establish a period of time in which to complete
a review in regard to Mid and High Density Residential development regulations; and
WHEREAS, continued refinement of development standards ensures
neighborhood compatibility, minimizes incompatible elements between abutting land uses
and contributes to a higher quality of life; and .
WHEREAS, - the City's Comprehensive Plan Update made the following
recommendations:
Provide an appropriate amount of land for various densities and types of
residential uses and ensure the highest quality living environment.
Seek to ensure that adjacent land uses are, developed compatibly and take
measures to mitigate land use transitions with differing intensities..
Evaluate the appropriateness of design standards that include landscaping,
screening, increased lot sizes and setbacks, and other methods to minimize
negative effects among different land uses.
Determine appropriate residential densities for various areas within the City on
the basis of accessibility, utility availability, topography, proximity to shopping
areas, and other relevant factors.
Update the Zoning Ordinance and Official Zoning Map to reflect identification of.
various areas of particular densities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE, TEXAS:
SECTION 1. The City Council of the City of La Porte finds and determines that the
premises hereof are true and correct.
SECTION 2. The City Council further finds and determines that it is in the best
interests of the public health, safety and general welfare of the. citizens of the City to place
a moratorium on the acceptance for filing and consideration, and the issuance of building
permits and all other development and zoning permits, for all properties in the Mid and
High Density Residential Districts in the City for a period of one hundred eighty (180) days
from the date'' hereof, and such moratorium is hereby imposed. For purposes .of this
moratorium, the term "Mid Density and/or High Density Residential Districts", or words of
similar import, shall include, but not be limited to development occurring within Zoning
Districts R-2, R-3, NC, GC, LI, HI, and/or PUD.
SECTION 3. That there is hereby established a moratorium on the issuance of
permits for construction of. any Mid Density or High Density Residential units within the
City of La Porte, Texas for a period of up to one -hundred eighty (180) days from the date
of passage of this Resolution.
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SECTION 4. That during the moratorium period no new Mid Density or High
Density Residential building permits, or certificates of occupancy shall be issued and no
letters of availability for utilities, as well as formal review or. action by any City board,
commission or department shall be authorized for any new Mid Density or High Density
Residential location in the jurisdiction of the City of La Porte as described in Section 2 of
this Resolution.
SECTION-5.3his moratorium shall remain in effect for a period of one -hundred.
eighty (180) days or until final action is taken on any proposed zoning'and/or subdivision
regulation changes affecting the Mid and High Density Residential Districts, or until final
action is taken regarding amendment of the Comprehensive Zoning Ordinance and Map,
and development regulations.by the City Council, whichever -comes first.
SECTION 6. Any property owners subject to this moratorium may apply to the City
Council for an exception in the event that a hardship results from its application, and the*
City Council is authorized to grant an exception to 'the moratorium imposed ' by this
Resolution only when it finds that such hardship does exist. Any exception so granted
shall not be a substitute for enforcement of current zoning, development or building
regulations, policies and procedures of the City of La Porte.
SECTION 7. This moratorium shall not apply to building permits within
previously platted, duly recorded and properly zoned subdivisions approved by the City
of La Porte Planning and Zoning Commission. Further, this moratorium does not apply
to developments for which administratively complete applications for zoning permits,
building permits, special conditional use permits, or any other development permits
have been completed and filed with the City of La Porte prior to the passage of this
resolution. In such event, the applicant may complete the permit review process and
development, approval process under existing City of La Porte regulations, policies, and.
procedures in connection with the proposed application.
SECTION 8. The moratorium on the acceptance for filing and the issuance of
building permits and all other development permits for new construction in the Mid and
High Density Residential Districts for shall expire on July 11, 2002 at 11:59 p.m., Central
Standard Time
SECTION 8. This Resolution shall take .effect immediately from and after its
passage, and it is accordingly so resolved.
DULY PASSED by the, City Council of the City of La Porte, Texas, on the
day of \jLkwzr 2002.
ATTEST:
ta—n..elL,. Malone, Mayor
Martha Gillett, City Secret ry
APPROVED -AS TO FORM:
Asst. tity Attortr-
DRAFT • •
PROPOSED PROVISIONS FOR APARTMENTS
ORDINANCE NO.2002-
AN ORDINANCE AMENDING ORDINANCE NO. 1501 OF THE CITY OF LA
PORTE, TEXAS, ARTICLE 59, SECTION 5-400, R 3 HIGH DENSITY
RESIDENTIAL DISTRICT, AND ADDING SECTION 5-405, BOND AND
INSURANCE; AND PROVIDING FOR A PENALTY CLAUSE.
WHEREAS, the City Council and the citizens of the City of La Porte are
concerned about the effects of multifamily residential development on City services,
traffic and infrastructure; and
WHEREAS, the City Council recognizes the critical importance of blending
architectural requirements of bulk, height and design of neighborhoods to enhance
neighborhood atmosphere and community values; and
WHEREAS, an undue concentration of multifamily developments results in
overburdened city services, traffic, and infrastructure; and
WHEREAS, continued refinement of development standards ensures
neighborhood compatibility and the highest degree of public safety consistent with
continued development; and
WHEREAS, mandatory installation of safety devices in multifamily
developments contributes to the overall health, safety, and general welfare of the citizens;
and
WHEREAS, continued refinement of development standards serves to prevent the
public costs associated with the decline of the standards of multifamily residential
developments, including abatement of public nuisances and demolition; and
WHEREAS, minimizing incompatible elements between abutting land uses.
contributes to a higher quality of life:
NOW THERFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
SECTION A: That the City Council of the City of La Porte, Texas hereby finds and
adopts the preamble to this ordinance.
SECTION B: That the Code of Ordinances of the City of La Porte, Texas, Article 5,
Residential District Regulations, 5-404, Regulations and procedures, R-3, High Density
Residential Districts is hereby amended to read as follows:
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DRAFT • •
PROPOSED PROVISIONS FOR APARTMENTS
3) Each multifamily residential development shall be designed so that not less than
thirty-five (35) percent of the total site area shall be reserved for open space. "Open
space" is herein defined as that area not subject to public or private easements; save
and except transmission pipeline easements. Said open space shall be open,
unobstructed from its lowest level to the sky, and accessible to all resident of the
development and of such character that it can be used for outdoor recreation
activities. Open space may include the ground floor area of any clubhouse or
recreation building accessible to all residents of the development.
4) On -site drainage detention ponds may be considered as open space if approved by
Harris County Flood Control District and designed in such manner as to be an asset
to the landscaped areas and meet drainage requirements.
5) Open space areas shall be landscaped with lawn, trees and shrubs or other landscape
materials. A landscape plan shall be submitted for Planning Department review.
a) The Planning Department may decline approval if due regard is not shown
for preservation of natural features such as large trees, which if preserved
will add attractiveness, stability and value to the property.
b) If the multifamily residential development contains any dwelling units with
three (3) bedrooms, a portion of the open space shall be dedicated to
children's playground with appropriate facilities and delineated on the
landscape plan.
6) Each multifamily residential development shall be so designed that all parking areas
and driveways shall be bounded by concrete curbs constructed in compliance with
all applicable city specifications and no such parking area or driveway shall be
constructed within ten (10) feet of any building used for residential purposes. This
provision shall not apply to attached garages built into and as part of the
multifamily structure.
7) Each multifamily residential development shall be designed with a maximum floor
area ratio not to exceed 40. "Floor area ratio" is defined as the square foot amount
of total floor area (all stories) for each square foot of land area of the site for the
proposed development. For the purpose of this section, "total floor area" shall be
defined as all of that area encompassed within the outside edges of all exterior walls
of all buildings and each level thereof on the site. Open porches, balconies,
carports, and detached garages are specifically excluded from the calculations of
total floor area. In no instance, however, shall any such development exceed
eighteen (18) units per acre or more than two hundred (200) per complex.
8) Each multifamily residential structure containing five (5) or more units shall install
a fire suppression sprinkler system in accordance with NFIPA-1 standards. Section
906.0 Fire Sprinkler System, Chapter 9, BOCA National Code/1993 Edition
specifically excluding any exceptions as cited.
9) Each multifamily residential structure in which the entire project or complex is
larger than fifty (50) units shall be at least 2,500 feet from any other multifamily
residential project or complex of twenty (20) or more units. Each multifamily
residential structure in which the entire project or complex is larger than 3 units feet
in height except those instances where a multifamily residential development abuts
or adjoins a residential property or subdivision in the City, as shown by a property
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DRAFT , •
PROPOSED PROVISIONS FOR APARTMENTS
recorded map or plat, the fence or wall shall be of such construction as to be
opaque. Seven (7) foot fences shall be constructed in accordance with paragraph a)
and b); eight (8) foot fences shall be constructed only in accordance with paragraph
b).
The opaque portions of every fence or wall referred to herein shall be constructed in
such a fashion as to be generally acceptable to those skilled in the fence building trade
and may be constructed of the following materials:
a) Wood boards; each measuring not less than one (1) inch thick and four (4)
inches wide, or redwood, cedar, fir, pine, or a combination thereof in
alternating sequence.
b) Each multifamily residential development not fully enclosed by the preceding
paragraphs, shall provide a perimeter fence along that side abutting or facing a
public dedicated street. A controlled access gate shall be constructed at a
setback distance sufficient to prevent traffic congestion from any vehicle
being stopped in the public street.
SECTION 5-405 — Section 5 of the La Porte Zoning Ordinance No. 1501, is hereby
amended by adding Section 5-405 to read as follows:
Section 5405: Bond and Insurance for Multifamily Residential Development
1) No permit shall be issued for the construction of any multifamily residential
housing complex unless a bond or irrevocable letter of credit in favor of the
City of LaPorte, Texas in the amount of . dollars is furnished to
the City of La Porte, Texas as a. guaranty of compliance with this chapter to
ensure accountability for upkeep and maintenance, and other applicable law,
including but not limited to, demolition of buildings, and such other remedial
measures as may be necessary to guaranty full and constant compliance with
all applicable laws. Such bond shall be kept in full force and effect by all
subsequent owners of the complex. Failure of the owner or any subsequent to
maintain such bond shall cause the revocation of the certificate of occupancy
for such complex or structure therein.
2) No permit shall be issued for the construction of any multifamily residential
housing complex over dwelling units unless there is in force
and in effect a comprehensive general liability insurance policy, with the City
of LaPorte, Texas named as additional insured, in the amount of
dollars for such complex. Such insurance policy shall remain in effect during
the life of the structure, including all times that it is inhabited. Failure of the
owner or any subsequent owner to maintain such insurance shall cause the
revocation of the certificate of occupancy for such structure.
SECTION 3: That all ordinances in force when this ordinance becomes effective which
are inconsistent with, or in conflict with this ordinance are hereby expressly repealed
insofar as said ordinances are inconsistent with or are in conflict with this ordinance.
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DRAFT 0
PROPOSED PROVISIONS FOR APARTMENTS
SECTION 4: That the City Council of the City of La Porte, Texas, does hereby declare
that if any section, subsection, paragraph, sentence, clause, phrase, work or portion of this
ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the
City Council would have passed and ordained any and all remaining portions of this
ordinance without the inclusion of that portion; or portions which may be so found to be
unconstitutional or invalid, and declares that its intent is to make no portion of this
ordinance dependent upon the validity of any other portion thereof, and that all said
remaining portions shall continue in full force and effect.
SECTION 5: The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as by the Open Meetings Law, Chapter 551,
Texas Government Code; and that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION F: This ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official newspaper of the City of La
Porte, Texas at least twice within ten (10) days after passage of this ordinance.
PASSED AND APPROVED on this day of
ATTEST:
Martha Gillett, City Secretary
APPROVED:
Knox Askins, City Attorney
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City of LaPorte, Texas
2002.
Norman L. Malone, Mayor