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Home My WebLink About09-15-2005 Regular Meeting of the La Porte Planning and Zoning Commission• PLANNING AND ZONING COMMISSION MINUTES OF SEPTEMBER 15, 2005 Members Present: Pat Muston, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb, Jr., Hal Lawler (Alt. 1), Les Bird (Alt. 2) Members Absent: Paul Berner, Claude Meharg, City Staff Present: Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Traci Koenig 1. CALL TO ORDER Meeting called to order by Chairperson Muston at 6:00 p.m. 2. APPROVE MINUTES OF THE AUGUST 18; 2005 REGULAR MEETING AND WORKSHOP Motion by Dottie Kaminski to approve the Minutes of August 18, 2005. Second by Doretta Finch. The motion carried. Ayes: Muston, Kaminski, Barerra, Finch, Lawler, Bird, and Linscomb. Nays: None Abstain: None 3. CONSIDER FINAL PLAT FOR FAIRMONT PARK EAST, SECTION 12 TO BE LOCATED ALONG FARRINGTON BOULEVARD AT FAIRMONT PARKWAY. Staff presentation was given by Masood Malik, City Planner. The applicant, Eddie Gray, is requesting approval of a final plat for Fairmont Park East Section Twelve to be located on both sides of Farrington Boulevard just north of Fairmont Parkway, and the tracts are further described as approximately 15 acres of land out of W.M. Jones Survey, A-482, La Porte, Harris County, Texas. The 9.786 acre tract is bounded by asingle-family residential subdivision (Fairmont Park Central Section 2) on the north, commercial uses to the south along Fairmont Parkway, east with Farrington Blvd, and adjacent to the Big Island Slough on the west. The 5.159 acre tract is bounded by Fairmont Park Central Section 2 to the north, adjacent to existing commercial uses and unrestricted reserves along Fairmont Parkway on the south, and west on Farrington Boulevard. The proposed subdivision has 65 lots, 3 blocks, and one detention reserve. Block 1 with 5.159 acres has 26 lots on the east of Farrington Boulevard. Blocks 2 and 3 with 8.2119 acres have 39 lots to the west of Farrington Boulevard. A 1.5741 acre restricted reserve for detention area is adjacent to Big Island Slough (6106-00-00) with 150' ROW. No comments from Eddie Gray. The City recommended the approval of the final plat, as noted in Staffs report. Motion by Nick Barrera to approve the final plat for Fairmont Park East Section 12. The following items must be addressed prior to recordation of the final plat: • All construction improvements complete at site. • Developer must furnish approval letter for drop structure into Big Island Slough. • Sidewalks installed on both sides of all public streets and allowing east and west ROW on Farrington Blvd. • Payments must be made to City for parklands and installation of street signs and street lights. Second by Dottie Kaminski. The motion carried. Planning and Zoning Commiss'I'bn Minutes of Sepetmber 15, 2005 Page 2 Ayes: Muston, Kaminski, Barerra, Finch, Lawler, Bird, and Linscomb. Nays: None Abstain: None 4. CONSIDER PRELIMINARY PLAT FOR PRESERVE AT TAYLOR BAYOU TO BE LOCATED AT McCABE ROAD AND STATE HIGHWAY 146. Staff report was given by Wayne Sabo, Director of Planning. The applicant is requesting approval of a preliminary plat for the Preserve at Taylor Bayou to be located at the southeast corner of McCabe Road at SH 146 near Taylor Bayou, further described as TRS 8, 8A, 5F-1, 49, 49A, and 96 out of W.P. Harris Survey, A-30. _ The applicant is proposing single-family residential, multi-family, townhouses, and commercial development at the site. The proposal is comprised of 42 acres of residential property and dedication of a 65 acre Nature Preserve to the City by a separate instrument, which must be left in its natural terms per an Army Corps. of Engineers permit. Mr. Birchfield answered questions of the Planning and Zoning Commission. As noted in the Staff Report, approval of the preliminary plat for Preserve at Taylor Bayou was recommended. Motion to approve the preliminary plat was made by Nick Barerra with the following conditions: • A letter guaranteeing the construction of the residential portion of the development shall be submitted with the final plat. • See Staff Report for additional conditions. Second by Dottie Kaminski. The motion carried. Ayes: Muston, Kaminski, Barerra, Finch, Lawler (Alt. 1), Bird, and Linscomb. Nays: None Abstain: None 5. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R05-005 REQUESTED FOR THE PROPERTY LOCATED AT 502 NORTH BROADWAY. THE APPLICANT, P8~0 COLD LOGISTICS, SEEKS TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2) AND BUSINESS INDUSTRIAL (BI) TO PLANNED UNIT DEVELOPMENT (PUD). CHAIRPERSON MUSTON OPENED THE PUBLIC HEARING AT 6:24 PM. A. STAFF PRESENTATION Staff Report was given by Masood Malik, City Planner. The property consists of 11.48-acres that are a part of a 24.88 acre tract located near the southeast quadrant of North Broadway (Old Hwy. 146) and Barbour's Cut Boulevard, further desribed as Lots 1 through 16 in Blocks 415, 420, Lots 1 through 32 of Blocks 416, 417, 418, 419, 433, 434, and 435, Town of. La Porte, recorded in Volume 1, page 27 of the Deed Records of Harris County; Texas. The applicant is requesting a Re-zone from the current zoning of Business Industrial (BI), Medium Density Residential (R-2), and Planned Unit Development (PUD) to strictly Planned Unit Development (PUD). The applicant would like to construct a fence surrounding the entire Planning and Zoning Commissi6n • Minutes of Sepetmber 15, 2005 - Page 3 property, but under the current zoning, different zoning classifications with appropriate regulations would apply to the fence, which is required by U.S. Customs for the facility. B. PROPONENTS Mr. Paraz, manager of P&O Cold Logistics, answered the questions of the Planning and Zoning Commission. C. OPPONENTS There were no opponents. 6. CLOSE PUBLIC HEARING. 6:33 PM . 7. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R05-005 REQUESTED FOR THE PROPERTY LOCATED AT 502 NORTH BROADWAY. THE APPLICANT, P80 COLD LOGISTICS, SEEKS TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2) AND BUSINESS INDUSTRIAL (BI) TO PLANNED UNIT DEVELOPMENT (PUD). Motion to approve re-zone request was made by Hal Lawler. Second by Kirby Linscom. The motion carried. Ayes: Muston, Kaminski, Barerra, Finch, Lawler, Bird, and Lipscomb. Nays: None Abstain: None 8. OPEN PUBLIC HEARING TO RECEIVE CITIZEN- INPUT REGARDING CREATION OF A LARGE LOT DISTRICT (LL), CONSIDER ADDITIONAL REGULATIONS FOR THIS DISTRICT, ADOPT BOUNDARIES, AND CONSIDER A REZONE FROM LOW-DENSITY RESIDENTIAL (R-1) AND MEDIUM DENSITY RESIDENTIAL (R-2) TO LARGE-LOT DISTRICT (LL). CHAIRPERSON MUSTON OPENED THE PUBLIC HEARING AT 6:34 PM. A. STAFF PRESENTATION The Staff Report and an accompanying PowerPoint presentation were given by Wayne Sabo, Director of Planning. DUE TO THE HIGH VOLUME OF CITIZENS WISHING TO SPEAK, CHAIRPERSON MUSTON IMPOSED AFIVE-MINUTE LIMIT ON SPEAKING TIME. B. PROPONENTS CAROL MOSTEET,1117 SUNSET RIDGE, LA PORTE, TX Asa 23 year resident, Mrs. Mosteet remembers the construction of the Lomax area arena used to support the 4H Program, and would like to maintain access to that and other similar Youth activities. ' ~ • Planning and Zoning Commission Minutes of Sepetmber 15, 2005 Page 4 • BILL SLOCUM, N AVENUE H, LA PORTE, TX Mr. Slocum would like to preserve the "country feel" of the Lomax area of La Porte. • BETTY WATERS, FORMER CHAIRWOMAN OF THE PLANNING & ZONING COMMISSION Mrs. Waters initiated support. for the creation of a Large Lot District in the interest of preserving "a way of life." CECILE PASCHAL Asa 56 year resident, Mrs. Paschal believes that the Large Lot District diversifies the City of La Porte by providing a location where it is possible to participate in programs such as FFA and 4H. She also raised the question of the possibility of Variance Requests in regards to the Large Lot District. • CLIFF WILSON Mr. Wilson believes the approval of the proposed Large Lot District will enable him to preserve his way of life. • REESA FINCH Ms. Finch is an Ag. Teacher in Dickinson, and she believes that the approval of the proposed Large Lot District will ensure the availability of the 4H and FFA programs for future posterity. • BART NELSON, 10523 N AVE. P, LA PORTE, TX Mr. Nelson moved to the Lomax area of La Porte (area in question) specifically for its rural qualities. • BILL MANNING Mr. Manning spoke in favor of the proposal. • JONATHON BRANCH, 6834 N H STREET, LA PORTE, TX Mr. Branch is a veteran of the FFA and 4H Programs, and states that these programs afforded him the opportunity to attain an education. • SUE GAIL MOCK-COOKEN Ms. Mock-Cooken spoke in favor of the proposal. • JERRY BURNET Mr. Burnet believes that less development will be beneficial to the City's drainage. • DEBORAH SLOCUM Originally from IL, Mrs. Slocum believes that the proposed Large Lot District will encourage people to stay in the area. Plannin and Zonin Commiss• • 9 9 Minutes of Sepetmber 15, 2005 Page 5 • DELICIA TURNER Mrs. Turner was the head of the Large Lot Committee. She explained some of the reasons for support of the proposal. C. OPPONENTS BETH RAWLS, N P.STREET, LA PORTE, TX Asa 27 year resident, Mrs. Rawls dislikes the restrictions placed on the number of animals permitted. SIDNEY GRANT, 1907 LOMAX DR., LA PORTE, TX Mr. Grant believes that the City would be taking property by prohibiting future development in the proposed Large Lot District, if it were approved. He believes that a rural atmosphere does not depend on the number of animals permitted, and he makes the suggestion of '/2 acre minimum lots to ensure that those with an interest in animals would be able to purchase at least an acre without prohibiting others from subdividing into what he still considers to be large lots. • MARGARET CLUCK Mrs. Cluck believes that the proposed Large Lot District would be a restriction of property rights, and she requested (and was granted) exclusion from consideration due to the non- contiguous location of her property, which has been landlocked by residential development on all sides. • LEROY JONES A 39 year resident, Mr. Jones was forced to give. up his cattle in order for development to take place. He believes the proposed Large Lot District, if approved, is a violation of property rights. 9. CLOSE PUBLIC HEARING. 8:03 PM 10. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING CREATION OF A LARGE LOT DISTRICT (LL), CONSIDER ADDITIONAL REGULATIONS FOR THIS DISTRICT, ADOPT BOUNDARIES, AND CONSIDER A REZONE FROM LOW-DENSITY RESIDENTIAL (R-1) AND MEDIUM DENSITY RESIDENTIAL (R-2) TO LARGE LOT DISTRICT. Motion to approve creation of the proposed Large Lot District was made by Hal Lawler. The following items must be addressed prior to formal recommendation to City Council: • A Memo from the Staff on the possibility of Variance Requests, and the requirements thereof. Second by Doretta Finch. The motion carried. Ayes: Muston, Kaminski, Finch, Lawler (Alt. 1), Bird, and Linscomb. Nays: Barerra Abstain: None Planning and Zoning Commission Minutes of Sepetmber 15, 2005 Page 6 Motion to approve the boundaries (as shown) of the proposed Large Lot District was made by Dottie Kaminski. Second by Doretta Finch. The motion carried. Ayes: .Muston, Kaminski, Barerra, Finch, Lawler (Alt. 1), Bird, and Linscomb. Nays: None Abstain: None Motion to approve the Re-Zoning of the proposed Large Lot District from R-1 and R-2 to LL made by Hal Lawler. Second by Kirby Linscomb. The motion carried. Ayes: Muston, Kaminski, Barerra, Finch, Lawler (Alt. 1), Bird, and Linscomb. Nays: None _ Abstain: None 11. ADMINISTRATIVE REPORTS • Tx Import Export lawsuit has been settled. • A special meeting of the Planning and Zoning Commission is requested. • Carrington Weems concept is imminent. • APA Conference: 5 people at 10:00 am on Wednesday, October 5, 2005. 12. COMMISSION COMMENTS There were no comments from the Commission. 13. ADJOURN Chairperson Muston adjourned the meeting at approximately 8:20 pm. Submitted by, Traci Koenig ~ Secretary, Planning and Zoning Commission Approved on this ~~ day of ~C!r~, 2005. ~~ Pat Must n Chairperson, Planning and Zoning Commission „ • • Gulf Port Distribution Center (Preliminary Plat) Exhibits A. Commission's Action Request B. Aerial Map C. Staff Report D. Preliminary Plat r - Prelimina Plat • Gulf Port D~str~but~on Cente ry Planning and Zoning Commission October Z0, 2005 Location of Pro osed Develo ment 1000 Block of S. 16` Street owell Road Legal Description A 39.27 acre tract of land situated in the George B. McKinstry League, Abstract 47, La Porte, Harris Count , TX. A licant La Porte 146 Venture, Ltd. c/o Lar Frith Present Zonin Planned Unit Develo ment (PUD Project Name Gulf Port Distribution Center (Texas Im ort/Ex ort Park Acreage 39.27 acres Surrounding Zoning North Planned Unit Development (PUD) East Planned Unit Development (PUD) South Planned Unit Development (PUD) West Planned Unit Develo ment PUD Land Use Ma CommerciaUIndustrial Activit Pro osed Office/Warehouse and distribution facilit Summary: • This project has an approved General Plan, SCUP, and Developer's Agreement. The current submittal is a Preliminary Plat for proposed development of Gulf Port Distribution Center. • The subject property is located along South 16~' Street (Powell Road), one block south of West "M" Street West of SH 146 and East of UPRR. • The property being platted consists of approx.39 acres, Commercial Reserve `B' (27.184 acres) to the east of Powell Road and Commercial Reserve `A' (9.125 acres) to the west of Powell Road adjoining UPRR. • The applicant is proposing industrial, office/warehouse and distribution facility at this site. Corresponding uses complies with the approved General Plan. • The plan also shows Export Drive, a 60' public right-of--way constructed south of Commercial Reserve B between Powell Road and SH 146. • The applicant has submitted the plat as per guidelines of the Development Ordinance. However, the conditions of the Developer's Agreement have not been addressed. • The elements of the Development Agreement and all supporting documents contained therein need to be presented in final form to be considered by the Commission and approved by the City as a unified project to be known as Texas Import/Export Park. Recommendation: . Based on the above analysis, staff believes the plat is substantially complete but some outstanding issues of the Developer's Agreement still need to be resolved. The developer will need to coordinate with the south side development in the area of drainage and traffic impact analysis. At this time, staff recommends disapproval for the following reasons: The approved SCUP is not applicable to any specific development anticipated or proposed by the General Plan of the Texas ImpordExport Pazk (TIEP). Coordinate with the developer to the south for addressing elements of the Developer's Agreement. As, the developer recognizes and understands that any future construction or development of the private or public improvements anticipated by the approved SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, traffic impact or engineering analysis, covenants, etc. Options available to the Commission are as follows: Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the final plat submittal. Conditional approval of the Preliminary Plat as filed. This will require the developer to address the conditions and resubmit the Preliminary Plat. Disapproval of the Preliminary Plat as filed. This will require the developer to file a new Preliminary Plat. ~:~. ~ s s Staff Report Preliminary Plat for October 20, 2005 Gulf Port Distribution Center Requested By Larry Frith, President, La Porte 146 Venture, Ltd. TNRG Acquisition, LLC., c/o Jim Nelson, Owner/Developer Requested For: A 39.27 acre tract of land situated in the George B. McKinstry League, Abstract 47 and also being situated in the J. Hunter Survey, Abstract No. 35, Harris County, Texas and being out of and a part of the Town of La Porte, a subdivision located in the Harris County, according to "the map or plat thereof recorded in Volume 60, Page 112 of the Harris County Deed Records; Requested Use: Industrial, Commercial Present Zoning: Planned Unit Development (PUD) Location: South 16~' Street (Powell Road) Background: Applicant is platting 39.27 acres of land into two restricted reserves for the proposed distribution center in an area known as the Texas Import/Export Park (TIEP). Texas Import/Export Park is a proposed industrial, commercial and retail development to be located in an area south of Fairmont Parkway between the existing Union Pacific Railroad tracks and the State Highway 146 South. As a part of the PUD development process, a Special Conditional Use Permit#SCU05-003 and a General Plan covering the La Porte 81 Ltd'., La Porte 82 Ltd., La Porte 115 Ltd., and La Porte 146 Venture, LP., was approved by City Council at the Mazch 28, 2005, meeting. This is an on going complex project that requires phased development. The applicant is proceeding with the platting of the first parcels of the said property. While this development shows some forward progress, the plat has been submitted without addressing the conditions of the Developer's Agreement and SCUP. Ana sis: Owner/Developer plans to develop the tract for commerciaUindustrial uses. The developer will construct street and the storm drainage/detention system that will ultimately connect with the regional systems in accordance with the policies of the City and Harris County Flood Control District. ~tT ~ Gulf Port Distribution Center Preliminary Plat Page 2 of 3 Land Use -The GP contains general information regarding the development of the entire 342-acre site. The Plan's significant features include contemplated land uses, open space and storm water detention areas, landscape and, buffer areas and roadway network. Currently, the plat shows two commerciaUindustrial reserves to the east and west of Powell Road. The Developer's Agreement defines the land uses that are acceptable within various tracts of this development. In Reserve "B", uses currently permitted within our zoning ordinance are allowed here with some exceptions. In the Business and Retail (GC) tracts, general contractors, automotive services, outdoor sales and outdoor storage are not permitted. In .the (BI) tracts, general contractors, automotive services, outdoor sales and outdoor storage, and off-premise signs are not permitted. In the. Light Industrial (LI) tracts, manufacturing of chemicals, outside storage including shipping containers, off-premise signs and a few other uses are not permitted. In Reserve "A", the uses permitted in the (I~ tract are permitted here including rail activities with limitations. Shipping containers that are in transit or are being used to deliver material into or out of the project will be permitted: This use of shipping containers may be incidental to some permitted uses. Landscaping/Open Space - In this project, the open space and trail as identified are both consistent with the City's Comprehensive Plan. The General Plan shows the relationship of these features and also demonstrates how the trail system, open space area, and the stormwater detention system are interrelated. The City may elect to accept these facilities depending on the final design of the said project. Buffering and beautification is also addressed here. A 50' wide landscape buffer is provided along SH146 and east of Powell Road. In addition, landscaping will be provided within building setback areas and easements throughout the project. Staff is requesting that a consistent theme and design criteria shall be implemented throughout this development. Transportation%Traffic Control Plan -Truck traffic is typically associated with this type of commercial and industrial development. In an attempt to reasonably control truck traffic, plan should be included to further define how truck traffic will be handled. The development agreement contemplates that all trucks will enter and leave the site via SH146 and Wharton Weems Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. The use of signs, driveway design, routing plans, and individual driver instruction will be used to implement these provisions. It also addresses number of driveways access. Staff and the developer attempted to limit the installation of driveways within this project by implementing shared-access and cross-access easements. More specific review of this will occur during site plan review as subsequent reserves develop. The ultimate total number of drives along the SH146 feeder road is subject to TXDOT approval. As far as the grade separation between Fairmont Parkway and UPRR is concerned, the Harris County, agreed to fund the construction of this overpass. As per plan, Powell Road will be widened to 100'ROW. The plat shows 40' wide strip dedicated for the widening of Powell Road. Gulf Port Distribution Center Preliminary Plat Page 3 of 3 The intent here is to insure the efficient flow of traffic to, from and within the project in a manner that will minimize adverse impacts to the existing thoroughfare system of the area. Traffic control features. The Traffic . Control Plan will be implemented through site plan design, driveway design, and the placement of esplanade openings. Utilities, Drainage -Staff and the developer agreed that the water system needs to be upgraded to provide suitable fire protection. This may be accomplished by tapping into the City's existing 16-inch water line on the east side of SH146. Sanitary sewer service cari be provided via the City's existing trunk sewer main in the K Street right-of--way just south of Fairmont Parkway. Stormwater facilities will be designed in accordance with City and HCFCD requirements. Design of stormwater detention basins will accommodate features of the Open Space/Trail System. Conclusion and Recommendation: Staff recognizes that the applicant has submitted a fairly complete plat. The SCUP, General Plan, and Developer's Agreement, however, are the umbrella documents for this development. This plat, therefore, cannot be considered in isolation of the principal documents. For the reasons stated below, staff recommends disapproval of the preliminary plat: • Provisions of an approved SCUP and the Development Agreement are applicable and must be applied to the entire project. • The 35' wide "B.L: and Landscape Easement" shown west along Powell Road should be changed to 100' as labeled on the General Plan. • Construction drawing should be prepared as per City's Standard Specs. or details mentioned in PICM. • Final construction drawings shall indicate off-site drainage improvements to ensure proper drainage of the adjacent property. • Final Plat and construction drawings shall provide details showing 12' perimeter around the detention basin. • Add the following statement on the plat, "the developer shall build the public street (Export Drive) to the City Standards in accordance with the PICM." • Drainage Plan requires approval by the Harris County. Detention pond will be the sole responsibility of the owner/developer. Options available to the Commission are as follows: • Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the final plat submittal. • Conditional approval of the Preliminary Plat as filed. This will require the developer to address the conditions and resubmit the Preliminary Plat. Disapproval of the Preliminary Plat as filed. 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Plat • • Navarro Subdivision =Plat Planning and Zoning Commission October 20, 2005 Location of Subdivision 200 Garfield Blvd. Legal Description Lots 1-6, 11-16 and adjoining alley between the lots, Block 18, Sylvan Beach First Subdivision, La Porte, Harris Coun ,Texas. A licant 200 Garfield, LLC. Mario Navarro Present Zonin Hi h Densit Residential -3 Requested Use Single-family Residential Acreage 1.8280 acres Surrounding Zoning North High Density Residential (R-3) East High Density Residential (R-3) South High Density Residential (R-3) West Hi h Densit Residential. -3 Land Use Ma Hi h Densit Residential Activit Pro osed Sin le-Famil Residential Summary: • Section 4.021 of City of La Porte Development Ordinance 1444-B classifies this as a minor plat. Minor Plat of ten acres or less, and involving four or fewer lots fronting on an existing street and not requiring _the creation of new street or extension of municipal facilities may be approved by the Director of Planning. But, the Director of Planning may elect to present the plat to the Planning and Zoning Commission for the approval of the plat. • This is minor plat creating 2 residential lots, and 1 restricted reserve for common use. • The applicant is requesting approva] of a subdivision plat for proposed single-family subdivision "Navarro Subdivision" to be located at 200 Garfield Blvd. • The zoning of the property is High Density Residential with a previous development of apartment complex known as Flamingo Bay. • The subject property has a long history of non-compliance with the current regulations, numerous issues related with the Code Enforcement, and litigation etc. • Five buildings have already been demolished. The rest will be incorporated into proposed single-family residential development. • Security fence 8' high all along the perimeter boundary is requested which will require action by the City's ZBOA. ' • Staff reviewed the plat and found numerous items need to be addressed. A letter sent to the applicant in this regard. Staff did not receive a revised plat. The Subdivision Plat is not in accordance with the City's Development Ordinance. Staff recommends disapproval of the Plat. Should the Commission wish to approve the plat, staff suggests the following additional conditions: Recommendation: . The access drive to the common. reserve shall be restricted on Oregon Avenue only. • A copy of the subdivision covenants and restrictions shall be submitted to the City for the City Attorney's approval. • Landscaping will be provided at site as per City's requirement. • Sidewalks installation will be the sole responsibility of the Actions required by owner/developer. the Commission: • Approve the Plat. Developer brings plans and begins construction within one year. • Disapprove the Plat. This will require developer to re-file a new Plat. j' Staff Report Navarro Subdivision Property Owner: 200 Garfield, LLC. c/o Mario Navarro Location: 200 Garfield Blvd. October 20, 2005 Legal Description: A 1.8280 acres of land, being lots 1-6, 11-16 and the adjoining 16' public alley between the said lots in Block 18, Sylvan Beach First Subdivision, recorded in Volume 3, Page 72, Map Records of Harris County, Johnson Hunter Survey, Abstract 35, La Porte, Hams County, Texas. Present Zoning: High Density Residential (R-3) Land Use: Mid to High Density Residential Bachround: Applicant is platting 1.8280 acres of land into 1 Block, 2 lots, and 1 Restricted Reserve for a common use in the City of La Porte. The project site was known as the Flamingo Bay Apartments. The multi- family apartment complex located at 200 Garfield just off S. Broadway, was constructed in the mid-60s. Over the years, these apartments have been operated under the names of Kings Bay, Queens Bay, Flamingo Bay, and most recently Little Cedar Bayou Manor. This apartment complex was occupied until July, 1997, at which time utility service was discontinued due to non-payment. The subject property is zoned R-3, Multi-Family residential, which is a zoning classification apropos for apartments. Flamingo Bay consists of nine separate buildings. Five of these buildings significantly encroach on front, side and/or rear yard setbacks required by the zoning ordinance. It resided on 1.83 acres of land, and had 57 dwelling units, a ratio of 31 dwelling units per acre. Currently, the zoning ordinance requires maximum ratio of 14 du/a. The complex had 19 off-street parking spaces, well short of 135 required by the ordinance. Numerous problems occurred between nearby residents and former tenants of Flamingo Bay in the past. Overwhelming testimony from La Porte citizens and nearby residents of the property opposed the apartments renovation due to non-compliance with the zoning ordinance. Clear evidence in the record shows that Flamingo Bay Apartments have been abandoned for a period in excess of 180 consecutive days. The City's Zoning Board of Adjustment heard the case and concluded that the complex had been abandoned as a matter of law, consistent with the zoning ordinance provisions relative to abandonment of non-conforming ~' E~ `. ... Navarro Subdivision • Subdivision Plat Page 2 of 2 structures and non-conforming lots of record. In addition, the Code Enforcement recorded 60 cases since year 2000 for weeds, securing of buildings, graffiti, debris, and building maintenance. Five of the buildings were demolished by the owner/developer. The remaining four buildings are planned to be incorporated into the proposed development as renovated single-family units. Ana sis: Owner/Developer plans to develop the -tract for residential uses. The developer will have two single-family residential lots, one facing Garfield and other along Forrest Avenue. In addition, a reserve will be restricted for common use, described by~ the owner as, pool, cabana, sauna room/ garage, and common park with access on Oregon Avenue. The lots, as configured, are considered to be irregular. Using Appendix "D" of the Development Ordinance as a guide, staff reviewed the plat of the said subdivision. Staff also reviewed the following. elements of the Comprehensive Plan in relation to the applicant's proposed development. Land Use: The City's Land Use Plan indicates this area envisioned as developing mid to high density residential uses. The zoning and use of the nearby properties is also, residential in nature. The current land use and development pattern conforms to the proposed use. Furthermore, the development within the subject tract should not have any adverse impact on the surrounding area. Setbacks: The setbacks proposed for the subdivision including reserve are 20' to the front along Garfield and Forrest Avenue and 10 ft. to the side abutting public right-of--way to the east (Oregon Avenue). The City's Zoning Ordinance stipulates minimum setbacks for special lot line as Front = 20', Rear - 10', and Side - 0'. The developer needs to determine and submit approval letter for an existing HL&P easements adjacent to building setbacks along Garfield. Streets: The property is within a walking distance to S. Broadway (Old Highway 146), an access highway with 100' right-of--way. Staff and the developer need to work in restricting the driveway access for common reserve along Garfield. All the other streets around this subdivision are classified as collector street with a 80/32 designation (right-of- way/pavement width). Utilities: Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area. Sidewalks: Section 5.02 of the Development Ordinance addresses the need for sidewalks, where required by the Comprehensive Plan or by the Commission. For recent development in this area, the Commission chose to require sidewalks. In keeping with this standard, staff recommends a sidewalk requirement for this subdivision The Comprehensive Plan suggests that sidewalks be included along principal~arterial streets. `,. • Navarro Subdivision Subdivision Plat Page 3 of 2 Fencing -The applicant wants to install 8' chain link fence around the subdivision for security purposes. Safety is cited as a primary issue for erecting high fence. The current ordinance allows 6'high fence in residential district. The ordinance states that fences erected along property line in common with residential properties shall be subject to the provisions described in residential district fences requirement. In viewing the specific grounds for granting a fence permit, the applicant seeks variance request from the City Zoning Board of Adjustment for the followings: • Variance for an additional 2' in height • Variance on the fence placement (yard setbacks requirement) Landscaping -There is little to no landscaping presently at the facility. Current City standards would require minimum 6% of the site to be landscaped with trees, shrubbery, and groundcover. In addition, landscaping should be maintained in a healthy state. Conclusion and Recommendation: Staff reviewed the subdivision plat and found numerous items need to be addressed. A letter of staff comments sent to the applicant on September 29, 2005, to correct and resubmit the plat. A copy of this letter is attached for your convenience. Staff has not received the revised plat and recommends disapproval of the plat. Should the Commission wish to approve the plat, staff recommends the following additional conditions: • The access -drive to the common reserve shall be restricted on Oregon Avenue only. • A copy of the subdivision covenants and restrictions shall be submitted to the City for the City Attorney's approval. • Landscaping will be provided at site as per City's requirement. • Sidewalks installation will be the sole responsibility of the owner/developer. Options available to the Commission are as follows: • Approval of the Subdivision Plat, as filed. This will authorize the developer to proceed with the proposed development. • Conditional approval of the Subdivision Plat as filed. This will require the developer to address the conditions and resubmit the Plat. • Disapproval of the Subdivision Plat as filed. 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