HomeMy WebLinkAbout07-19-07 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning Commission
Minutes of the Meeting
PLANNING AND ZONING COMMISSION
MINUTES OF JULY 19, 2007
Members Present:
Pat Muston, Dottie Kaminski, Paul Berner, and Nick Barrera
Members Absent:
Doretta Finch, Kirby Linscomb, Jr., Claude Meharg, Hal Lawler (Alt 1), and Les
Bird (Alt 2)
City Staff Present:
Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City
Attorney, Clark Askins; and Planning and Zoning Secretary Peggy Lee
1. CALL TO ORDER.
Meeting called to order by Chairperson Muston at 6:00 p.m.
2. CONSIDER APPROVAL OF JUNE 21, 2007, MEETING MINUTES.
Motion by Dottie Kaminski to approve the Minutes of June 21, 2007. Second by Paul Berner.
The Motion carried.
Ayes:
Nays:
Abstain:
Kaminski, Berner, Barrera, Muston
None
None
3. CONSIDER REPLAT FOR GRY SUBDIVISION LOCATED ALONG UNDERWOOD ROAD AND
SPENCER HIGHWAY. (Item was tabled at June 21,2007, meeting).
Masood Malik, City Planner, presented staff's report. The requested replat consists of one block
and six commercial lots along Underwood Road near Spencer Highway. A public hearing for the
replat was held at the June 21, 2007, Planning & Zoning Commission meeting. The Commission
tabled the item due to a lack of information shown on the plat. The revised submittal has been
reviewed by Staff and includes all of the necessary information.
Motion by Paul Berner to approve the Replat for GRY Subdivision, located at 2627 Underwood
Road. Second by Dottie Kaminski. The Motion carried.
Ayes: Kaminski, Berner, Barrera, Muston
Nayes: None
Abstain: None
4. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE
PERMIT REQUEST #SCU07-006 FOR 0.76 ACRE OF LAND BEING LOTS 1-8 AND TRS 25-32,
BLOCK 122, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY,
TEXAS, AS REQUESTED BY SALLY WILLIAMS OF CLEAR CREEK EQUIPMENT FOR A NEW
FACILITY TO BE LOCATED AT 602 STATE HIGHWAY 146 SOUTH. HEAVY CONSTRUCTION
EQUIPMENT RENTAL AND LEASING IS CLASSIFIED AS A CONDITIONAL USE PER CITY'S
CODE OR ORDINANCES.
Chairperson Muston opened the public hearing at 6:04 p.m.
A. STAFF PRESENTATION
Mr. Malik presented staffs report. Sally Williams, the applicant for Clear Creek
Equipment, has requested a special conditional use permit to develop a heavy
Planning and Zoning Commission
Minutes
July 19, 2007
Page 2 of 5
construction equipment rental and leasing facility at 602 State Highway 146 South. This
development is located along a major thoroughfare and shall be required to comply with
the exterior building design standards, recently approved by City Council. Staff
recommended approval of the special conditional use permit, with conditions.
B. PROPONENTS
The applicant, Sally Williams, 322 N. Hwy. 146, addressed the Commission. Ms.
Williams noted she had recently purchased a portion of the 11th St. right-of-way.
C. OPPONENTS
5. CLOSE PUBLIC HEARING.
There were no opponents.
Chairperson Muston closed the public hearing at 6:15 p.m.
6. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL
USE PERMIT REQUEST #SCU07-006 FOR 0.76 ACRE OF LAND BEING LOTS 1-8 AND TRS
25-32, BLOCK 122, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS
COUNTY, TEXAS AS REQUESTED BY CLEAR CREEK EQUIPMENT FOR PROPOSED
FACILITY AT 602 STATE HIGHWAY 146 SOUTH.
Motion by Dottie Kaminski to recommend to City Council, approval of Special Conditional Use
Permit #SCU07 -006 for development of a heavy construction equipment rental and leasing facility
at 602 State Highway 146 South, with the following conditions:
.
SCUP#07 -006 is specifically limited to the proposed development of Clear Creek
Equipment as described by SIC Code#7353.
This property is subject to the City of La Porte "Exterior Building Design Standards' along
major thoroughfare as 100% masonry and glass. A note with the list of proposed
material shall be noted on the development site plan.
This permit does not become valid until a Certified Development Site Plan is submitted to
the City; reviewed and approved in accordance with the requirements of the
Development Ordinance.
All paving/parking material shall be either asphalt or concrete in accordance with the
Public Improvement Criteria Manual (PICM) of the City of La Porte.
Harris County Flood Control District (HCFCD) criteria for detention/drainage system and
approval shall be applicable.
Ensure that maximum lot coverage does not exceed 40%.
Ensure that existing tree line or vegetation will be preserved off the rear property line, and
landscape plan shall accompany the site plan.
Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
In addition, at least 15% landscaping and screening must be provided along State Highway
146 and West 'E' Street to insure an attractive appearance if necessary.
A fence shall not be erected within the front yard setback (20') of any commercial
establishment per Section 106-797(2} of the Code of Ordinances.
All new fencing and signage shall require a separate permit from the City's Inspection
Division.
The property must be platted.
The Developer shall comply with all other applicable laws and ordinances of the City of
La Porte and the State of Texas.
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Planning and Zoning Commission
Minutes
July 19, 2007
Page 3 of5
Second by Nick Barrera. The Motion carried.
Ayes: Kaminski, Berner, Barrera, Muston
Nayes: None
Abstain: None
7. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE
PERMIT REQUEST #SCU07-007 FOR 1.15 ACRES OF LAND BEING LOTS 1-16, BLOCK 101,
TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS
COUNTY, TEXAS AS REQUESTED BY BAYPORT PROPERTIES, INC., FOR DEVELOPMENT
OF AN OFFICElWAREHOUSE FACILITY TO BE LOCATED IN THE 500 BLOCK OF NORTH 8TH
STREET. WAREHOUSING IS CLASSIFIED AS A CONDITIONAL USE IN GENERAL
COMMERCIAL ZONING DISTRICTS PER CITY'S CODE OF ORDINANCES.
Chairperson Muston opened the public hearing at 6:17 p.m.
A. STAFF PRESENTATION
Mr. Malik presented staffs report. The applicant, Mr. John Bible, has requested a special
conditional use permit to develop an office/warehouse facility, to include four warehouse
buildings in the 500 block of North 8th Street. Given the proximity to nearby residential
uses, a requirement for heavy landscaping/screening should be considered. Staff
recommended approval of the special conditional use permit.
No responses were received from the 13 public hearing notices mailed to property
owners located within 200' of the subject tract.
B. PROPONENTS
John Bible, the applicant at 10 Fairway Oaks Court, The Woodlands addressed the
Commission. Mr. Bible noted there are no existing sidewalks along 8th Street and the
topography of the ditch would make it difficult to add them. The property is currently
under one ownership and therefore would not need to be platted. The project is being
designed with detention within the parking lot.
C. OPPONENTS
No opposition was presented.
8. CLOSE PUBLIC HEARING
Chairperson Muston closed the public hearing at 6:30 p.m.
9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL
USE PERMIT REQUEST #SCU07-007 FOR 1.15 ACRES OF LAND BEING LOTS 1-16, BLOCK
101, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS
COUNTY, TEXAS AS REQUESTED BY BAYPORT PROPERTIES, INC., FOR DEVELOPMENT
OF AN OFFICElWAREHOUSE FACILITY TO BE LOCATED IN THE 500 BLOCK OF NORTH 8TH
STREET.
Motion by Nick Barrera to recommend to City Council, approval of Special Conditional Use Permit
#SCU07 -007 for development of an officelwarehouse facility to be located in the 500 Block of North
8th Street, with the following conditions:
Planning and Zoning Commission
Minutes
July 19, 2007
Page 4 of5
· SCUP#07-007 is specifically limited to the proposed development of 8th Street Business
Park.
· This permit does not become valid until a Certified Development Site Plan is submitted to
the City; reviewed and approved in accordance with the requirements of the
Development Ordinance.
· All paving/parking material shall be either asphalt or concrete in accordance with the
Public Improvement Criteria Manual (PICM) of the City of La Porte.
· Drainage to be planned to have a net zero effect for stormwater runoff for surrounding
areas/residential properties and mitigate any sheet flow or drainage corridor issues to the
satisfaction of the City Engineer.
· North 8th Street is not a designated truck route.
· Ensure that maximum lot coverage does not exceed 40%.
· Ensure that landscape plan shall accompany the site plan showing screening and/or buffer
between commercial uses and residential properties.
· Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
· In addition, landscaping must be provided along North 8th Street to insure an attractive
appearance of the facility.
· Number of driveways shall be limited to two (2) along North 8th Street as shown on the
sketch plan.
· A fence shall not be erected within the front yard setback (20') of any commercial
establishment per Section 106-797(2) of the Code of Ordinances.
· All new fencing and signage shall require a separate permit from the City's Inspection
Division.
· Installation and maintenance of the sidewalks is the sole responsibility of the
owner/developer.
· If the property is subdivided, it shall be platted.
· The Developer shall comply with all other applicable laws and ordinances of the City of
La Porte and the State of Texas.
Second by Dottie Kaminski. The Motion carried.
Ayes: Kaminski, Berner, Barrera, Muston
Nayes: None
Abstain: None
10. OPEN WORKSHOP TO REVIEW ORDINANCE PROVISIONS FOR DOMESTIC LIVESTOCK.
Chairperson Muston opened the workshop at 6:35 p.m.
Wayne Sabo, Planning Director, reported on Staffs research of the allowable number of animals
per acre. City Council had requested Staff and the Planning & Zoning Commission review current
ordinance provisions, which allow two grazing animals per acre of land. At question is if two
animals are allowed per one acre, then could three animals be sustained on one and one-half
acres, etc. After performing research on the subject and polling neighboring cities, Staff concluded
that supplemental feeding and sufficient management are needed in La Porte. Staff recommended
there not be a change to the ordinance.
After discussion by the Commission, the unanimous consensus was to not make any changes to
current ordinance provisions. The item will be brought before the Commission again for a formal
vote.
Planning and Zoning Commission
Minutes
July 19,2007
Page 5 of5
11. CLOSE WORKSHOP
Chairperson Muston closed the workshop at 6:50 p.m.
12. ADMINISTRATIVE REPORTS
Mr. Sabo updated the Commission on the following activities:
· Based on building permit activity for the first quarter of this year, the value of added development
is 35 million dollars.
· Fairmont Parkway overpass nearing completion; widening of lanes on hold due to issue of grade
separation.
· Sens Rd.widening on hold until relocation of SBC cables is resolved.
· Working with TXDoT on Wharton Weems overpass.
· Port Crossing will be adding deceleration lanes.
Mr. Saba answered Commission questions about ongoing activities.
13. COMMISSION COMMENTS
There were none.
14. ADJOURN
Motion to adjourn by Nick Barrera. Second by Paul Berner. The meeting adjourned at 7:00 p.m.
Submitted by,
~~
Peggy
Secretary, Planning & Zoning Commission
day of ~O7.
Interport Distribution Center
Final Plat
Exhibits
A. Staff Report
B. Area Map
C. Plat
Interport Distribution Center
(Final Plat)
Planning and Zoning Commission
September 20, 2007
Item:
Action Taken:
REQUEST:
Consider and take action on a request to approve a final plat for Interport Distribution Center.
APPLICANT: Robert C. Un, P.E., RP.L.S.
OWNER: FR/Callnterport, LLC.
GENERAL LOCATION:
South of Fairmont Parkway and U.P.RR along Bay Area Boulevard within Bayport Industrial
District, ET J of La Porte.
LEGAL DESCRIPTION:
A subdivision of approx. 88 acres of land located in the George B. McKinstry League, Abstract
No. 47, La Porte, Harris County, Texas.
PROJECT SIZE: 87.908 acres (3,829,248 sq.ft.)
EXISTING ZONING: "None" (outside the City limits, Bayport Industrial District - La Porte's ET J.
ANALYSIS:
The applicant proposes 3 reserves and 1 block along Bay Area Boulevard. Unrestricted
Reserve 'A' has 34.149 acres (1,487,538 sq.ft.) and unrestricted reserve 'B' shows 42.133 acres
or 1,835,295 sq.ft. Reserve 'C' comprises of 11.626 acres and is restricted for
drainage/detention system. The proposed plat conforms to the current subdivision ordinance.
UTI L1TI ES:
Interport Distribution Center is under construction and is about 75 percent complete. All water
lines and sanitary sewer are privately owned and operated at site. There will be no easements
dedicated to the public. In addition, construction drawings have been approved by the City.
TRAFFIC:
Access to this distribution center is along Bay Area Boulevard, south of Fairmont Parkway.
Roadways capacity should not be impacted by this development.
IMPACT UPON EMERGENCY SERVICES:
No adverse impact is expected to result from this proposed development.
(Final Plat) Interport Distribution Center
September 20, 2007 P&Z Meeting
Page 1 of 2
RECOMMENDATION:
Upon final review by the Plan Review Committee (PRC), staff recommends approval of the final
plat. Plat review fee of $ 780.00 must be submitted to the City prior to the plat released for
recordation.
ATTACHMENTS:
Copy of the Final Plat
(Final Plat) Interport Distribution Center
September 20, 2007 P&Z Meeting
Page 2 of 2
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9
Special Conditional Use Permit
#SCU07-008
Exhibits
A. Commission's Action Request
B. Area Map
C. Staff Report
D. Draft SCUP
E. Site Plan
Special Conditional Use Permit #SCU07-008
Planning and Zoning Commission
September 20, 2007
Land Use Plan
Activit Pro osed
A Hcant
Present Zonin
Acreage
Surrounding Zoning
Summary:
. Applicants are requesting a Special Conditional Use Permit for developing an event center at 10515 Spencer
Highway.
. The subject property is located at the southwest comer off Spencer Highway near Farrington Boulevard within
the La Porte Municipal Airport.
. Per Section 106-637 of the Code of Ordinances, a Special Conditional Use Permit is required for the proposed
development to be located within a Planned Unit Development (PUD) zone.
. The Council previously allowed the hanger building to be used as a restaurant a.k.a. Rixter's and later Runway
Grill. Since then the building is vacant at site.
. The applicants have been granted permission to utilize Tri-Star Aviation's parking for their proposed rental for
parties (event center).
. Parking lots in front of the building and adjacent to the Tri-Star are not stripped. Parking lot layout plan
showing standard, handicapped space size, and maneuvering isle width, shall be required to determine adequate
parking for the said project.
. In addition, outdoor activities shall be restricted to parking areas only as this hanger is directly adjacent to the
runway protection zone.
. The overall impact on public services should be minimal.
. The impact upon the public health, safety, and welfare ofthe City should be minimal.
Recommendation:
All applicable elements of the Comprehensive Plan were reviewed and incorporated into this development
proposal. If the Commission wishes to consider approval of this Special Conditional Use Permit, staff suggests
following conditions be added: .
1. This Special Conditional Use Permit is specifically limited for an event center at the above property.
2. Stripping of the parking lot shall be required and layout plan be submitted to the City to determine adequate
parking.
3. Outdoor activities shall be restricted to the parking area and concrete pavement on the north side of the
building.
4. No outside lights, balloons or play equipment shall be allowed. .
5. The gate adjacent to the hanger will be kept closed and locked at all times.
6. No vehicles shall be allowed inside the fenced area except for activities associated with the aviation activities.
7. Any new signage requires a separate sign permit from the City.
8. The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or
maximum (40%).
9. Height of the building shall remain the same.
10. Exterior building design standards, if proposed, shall be approved by the City.
11. Landscaping shall be maintained by the applicants/tenants of the property.
12. Lease agreement, duly approved by the City Attorney, shall be filed with the City. A certificate of occupancy
shall be required.
13. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Special Conditional Use Permit #SCU07-008
Planning and Zoning Commission
September 20, 2007
Actions required by the Commission:
. Recommend to Council approval ofthis SCUP with conditions.
. Recommend to Council denial of this SCUP.
. Recommend tabling this SCUP for further review.
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September 20, 2007
Request:
Requested Bv:
Requested For:
Present Zonin!!:
Requested Use:
Back2round:
Analvsis:
The Event Landing
Special Conditional Use Permit #07-008
Special Conditional Use Permit Request #07-008
Debbie Styron and Deanna Berry
Approximately 0.8272 acre (36,032 sq. ft.) tract in the W. J. Payne
Subdivision, W. M. Jones Survey, Abstract No.482, La Porte, Harris County,
Texas. The property is located at 10515 Spencer Highway.
Planned Unit Development (PUD)
Applicants are seeking a Special Conditional Use Permit (SCUP) for the
purpose of developing a multi-purpose hall for special events at 10515
Spencer Highway. Per Section 106-637 of the Code of Ordinances, a
Special Conditional Use Permit is required for the proposed development to
be located within a Planned Unit Development (PUD) zone.
Applicants are working towards developing or converting a hanger building
(formerly Rixter's restaurant) at the airport property along Spencer Highway.
The event center will be used to provide multicultural enrichment to the
community, provide a welcoming, accessible facility for residents and
visitors, and promote events and conventions for the benefit of the area
economy. To address parking, the applicants have been granted permission
from Tri-Star Aviation, a tenant of the La Porte Municipal Airport, to utilize
their parking for the event center.
Zoning Ordinance Section 106-217 establishes the following review criteria
and conditions for approval of Special Conditional Use Permits:
· That the specific use will be compatible with and not injurious to
the use and enjoyment of the other property, nor significantly
diminish or impair property values within the immediate vicinity.
· That the conditions placed on such use, as specified in each
district, have been met by the applicant.
· That the applicant has agreed to meet any additional conditions
imposed, based on specific site constraints necessary to protect
the public interest and welfare of the community.
The Event Landing
SCU07-008
Page 2 on
,-
Conclusion:
The subject property is in the vicinity of residential subdivisions and
commercial retail developments along Spencer Highway. The proposed use
should have minimal impact on the surrounding properties. The
transportation system should adequately accommodate through traffic and
continue to provide for free flow of people, goods and services. There will be
no new driveway added to this facility. The traffic flow within and between
neighborhoods and throughout the community should not be affected by the
proposed development. Existing roads are adequate to support the said
project.
Staff has reviewed existing facilities and services for each of the components
of the utility system for the proposed development. Existing water is
adequate for potable and fire protection needs. Sanitary sewer is readily
available to the property. As a developed property, storm drainage sheet
flows to the existing storm sewer system along Spencer Highway.
If approved, the building and parking lot should comply with all applicable
zoning regulations. Stripping of the parking lot shall be required. The City's
design standard per Section 106-835 of the Code of Ordinances shall be
applicable for standard and accessible parking space size, and maneuvering
aisle width. The location of handicap parking spaces should be appropriate.
Access from the adjoining parking lot to the building seems to be reasonable.
In addition, staff will ensure that there will be no outside lighting in the
parking lot, to avoid any conflict with the airport operations.
In addition, landscaping of the property shall be required in accordance with
Section 106-444(a) of the Code of Ordinances. Landscaping shall be
maintained by the applicants. The building (leased from the Tri-Star
Aviation) shall require a certificate of occupancy, as regulated by Section
106-142 of the Code of Ordinances.
Staff recommends the approval of SCU#07-008 with the following
conditions in place:
· This Special Conditional Use Permit is specifically limited for an event
center at the above property.
· Stripping of the parking lot shall be required and layout plan be
submitted to the City to determine adequate parking.
· Outdoor activities shall be restricted to the parking area and concrete
pavement on the north side of the building.
· No outside lights, balloons or play equipment shall be allowed.
· The gate adjacent to the hanger will be kept closed and locked at all
times.
· No vehicles shall be allowed inside the fenced area except for activities
associated with the aviation activities.
· Any new signage requires a separate sign permit from the City.
The Event Landing
SCU07-008
Page 3 of3
· The roofed-over structures on the property shall not accumulatively
exceed the current lot coverage or maximum (40%).
· Height of the building shall remain the same.
· Exterior building design standards, if proposed, shall be approved by
the City.
· Landscaping shall be maintained by the applicants/tenants.
· Lease agreement, duly approved by the City Attorney, shall be filed with
the City. A certificate of occupancy shall be required.
· The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission:
· Recommend to Council approval of this SCUP with additional
conditions.
· Recommend to Council denial of this SCUP.
· Table the item for further consideration by the Commission.
City of La Porte
Special Conditional Use Permit # SCU 07-008
This permit is issued to:
Debbie Styron and Deanna Berry
Owner or Agent
1214 Wynfield Dr.. Deer Park TX 77536
Address
For Development of:
The Event Landino ( an event center)
Development Name
10515 Spencer Hiqhway. La Porte. TX 77571
Address
Legal Description:
Pt. TR . 0.8272 acre in the W.J.Payne Subdivision. W. M. Jones
Survey. Abstract No. 482.La Porte. Harris County. Texas.
Zoning:
Planned Unit Development (PUD)
Use:
Multi-purpose Hall
Permit Conditions:
1. This Special Conditional Use Permit is specifically limited for an event center at the above property.
2. Stripping of the parking lot shall be required and layout plan be submitted to the City to determine adequate
parking.
3. Outdoor activities shall be restricted to the parking area and concrete pavement on the north side of the
building.
4. No outside lights, balloons or play equipment shall be allowed.
5. The gate adjacent to the hanger will be kept closed and locked at all times.
6. No vehicles shall be allowed inside the fenced area except for activities associated with the aviation
activities.
7. Any new signage requires a separate sign permit from the City.
8. The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or
maximum (40%).
9. Height of the building shall remain the same.
10. Exterior building design standards, if proposed, shall be approved by the City.
11. Landscaping shall be maintained by the applicants/tenants of the property.
12. Lease agreement, duly approved by the City Attorney, shall be filed with the City. A certificate of occupancy
shall be required.
13. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded
by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of
the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date:
Director of Planning
City Secretary
Morada by the Bay
Replat
Exhibits
A. Staff Report
B. Area Map
C. Replat
Staff Report
September 20, 2007
Morada by the Bay
Replat
ReQuested Bv:
ReQuested For:
Location:
Present Zonin2:
Land Use Map:
Back2round:
Analvsis:
200 Garfield, LLC.
Joe & Mario Navarro, property owners
A 1.8280 acres ofland, 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, Harris County, Texas.
200 Garfield Blvd.
High Density Residential (R-3)
Mid to High Density Residential
Applicants are platting 1.8280 acres of land into 1 Block, 4 common
reserves, and 16 town homes (single lot configuration) 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 off South 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.
The applicant has submitted this replat showing one block, four common
reserves, and 16 lots. Lots are 28' wide and 120' deep. Proposed
development will have 25' wide shared driveway (ingress/egress easement)
to serve these lots and common reserves. Common reserves will be used for
open spaces/landscaping and parking purposes. Building lines and utility
easement are shown on the plat to confirm compliance with the ordinance.
Per Section 106-333 Table B of the Code of Ordinances, the minimum lot
area is 2000 sq. ft. with a minimum lot width of 20 linear feet. Density
equals ten (10 DU/A) dwelling unit per acre. The required front yard
setback 25' and the side yard setback 20' are shown on the plat.
Under the terms of Section 4.07 of Development Ordinance1444, a replat of
all or a portion of a subdivision may be released for recordation and deemed
valid and controlling when the following conditions have been satisfied:
· The plat has been signed and acknowledged by only the owners of the
particular property, which is being replatted or resubdivided.
This requirement has not been satisfied yet. Once the plat will be
approved signatures will be obtained accordingly.
Replat for Morada by the Bay
9/20/07 - P & Z Meeting
Page 2 of3
· The replat does not attempt to alter, amend, or remove any subdivision
covenants or restrictions.
No subdivision covenants or restrictions have been filed by the
applicants.
· There is compliance with Sections 212.014 and 212.015 of the V.T.C.A.
Local Government Codes.
These are the sections of State Law dealing with platting and
replatting. These provisions have been satisfied.
· The replat 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 Development Ordinance.
Staff fmds the replat graphics meets applicable ordinance
requirements.
· All expenses incurred by the City or the subdivider in the replat process
shall be borne by the subdivider, including the cost for notice of public
hearing.
This requirement has been partially satisfied.
Land Use: Review of the City's Land Use Plan indicates this area is
envisioned as developing for mid to high density residential use. 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. The
proposed project shall be primarily for residential use as permitted per
Section 106-331, Table A & B, Code of Ordinances.
Setback: The setbacks proposed for the subdivision including reserve are
25' to the front along Garfield and Forrest Avenue and 20 ft. to the side
abutting public right-of-way (Oregon Avenue). The City's Zoning
Ordinance stipulates minimum setbacks for multi-family residential as
Front - 25', Rear - 20', and Sides - 20'
Access Management & Layout: The property is within a walking distance
to South Broadway (Old Highway 146), an access highway with 100'
right-of-way. Staff and the developer worked in restricting the driveway
access for proposed development including common reserves along Forest
Avenue. 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. Provisions should be made to
ensure that all on-site infrastructure or improvements can accommodate the
water and sanitary sewer needs of this development.
Replat for Morada by the Bay
9/20/07 - P & Z Meeting
Page 3 of3
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 developments in this area, the Commission chose
to require sidewalks. In keeping with this standard, staff recommends a
sidewalk requirement for this subdivision.
Fencing - The applicants propose to install 8' high fence around the
subdivision for security purposes. Safety is cited as a primary issue for
erecting high fence. The current ordinance allows 6 feet high fence in
residential districts. 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's
variance request was approved by the City Zoning Board of Adjustment for
an additional 2' in height.
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 by the
owner/developer.
Conclusion and
Recommendation:
Staff reviewed the plat and found numerous items need to be addressed. A
letter of staff comments sent to the applicant on August 9, 2007, to correct
and resubmit the plat. A copy of this letter is attached for your convenience.
Staff has received the revised plat and if the Commission wishes to approve
the plat, staff recommends the following items must be addressed:
· Submit utility schematic for the subdivision. Show the nearest fire
hydrant and include utilities routing.
· Flood Plain Development Permit shall be applicable. Indicate RF.E. and
furnish an elevation certificate prior to building permit issuance.
· 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.
· Payment of $12,928.00 must be paid to the City in lieu of parkland
dedication.
Options available to the Commission are as follows:
· Approval of the replat, as filed. This will authorize the developer to
proceed with the proposed development.
· Conditional approval of the plat as filed. This will require the developer
to address the conditions and resubmit the plat before recordation.
· Disapproval of the replat as filed. This will require the developer to file
a new replat.
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DISclaimer: The City of La Porte makes no representation or wananty as to the accuracy of thiS map and ItS mformation norro ItS fitness for use. Any useroftms map proouct accepts the same AS IS
WITH ALL FAULTS. and assumes atl responsibility for the use thereo~ and fwther agrees to not Ircid the City of La Porte iiable from any damage. loss. or liability arising from any use of the map product.
independent verification of all mformation contamed on thiS map should be obtained by the end user
City of La Porte
604 W Fairmont Parkway
La Porte, TX 77571
(281) 471-5020
wwwlaportetx.gov
La Porte GIS Mapping
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MORADABy.t...E:'13AV ........ .........
K, 4 COMMON RESERVE$;113T()WNHOMES/LoT~
ISION OF 1.8280 ACRES C79,629 sq.fT) OF lAND
REPLAT OF LOTS 1-6, 11-16, AND THE ADJOINING
ALLEY BETWEEN SAID LOTS, IN BLOCK18,.OF
EACH FIRST SUBDIVISION, RECORDED IN VOLUME 3,
, OF THE MAP RECORDS OF HARRIS COUNTY,
.OR REPLAT: TO CREATE SIXTEEN TOWNHOMES/LOTS
~ COMMON RESERVES.
AUGUST 2007
SOUTH TEX4S SURVEYING ASSOCIATES, INC.
11281 Richmond .4v~. Bldg J.SuUe tOt HoUston. TexCUl '77082
(281) 556-6918 FAX (281)556-:9331
:locr Soull'_ r.......~~"9 ,,",0<::'<11<1:1. "'e. 1(:\CCLtRES 2005'\PU.rs\1.c.7Q:"07\DWC\t470-(l7P.DWC (CIS)
Zoning Ordinance Amendment
Domestic Livestock
Exhibits
-
A. Staff Report
B. Section 106-742, Code of Ordinances
Staff Report
September 20, 2007
Domestic Livestock
Backe:round:
City Council has directed the staff and the Planning and Zoning Commission to consider
the land ratio with the number of animals allowed per acre in La Porte. The purpose is to
justify the provisions of the current ordinance and clarification. Currently two grazing
animals are allowed per acre and an owner must have two acres. The question becomes
should the City allow 'is acre increments to allow 3 or 4.
Staff analyzed the situation, researched, and checked with the neighboring cities and
presented this item to the Planning and Zoning Commission at their July 19, 2007,
meeting, for discussion and further guidance to Staff for possible changes to the Code of
Ordinances relating to the keeping of domestic livestock in La Porte.
Existine: Reauirements:
Current ordinance (Section 106-742) allows two grazing animals (cows, horses, hogs,
sheep, goats etc.) per acre.
Analvsis:
Staff s research shows that neighboring cities ordinances contain provisions which
regulate livestock operations in agricultural and conservation zones, and prohibit the
keeping of livestock in residential zones. Some cities have different requirements for
different types of animals. Keeping of the horses is undoubtedly the predominant
domestic livestock use in La Porte.
In a rural/large lot residential zoning district, single-family dwellings are the most
predominant use. Research shows that two animals per acre is general rule and does not
account for the type of grazing animal. The following concerns must be considered with
respect to the keeping of livestock:
· Animal waste management, storage, usage, and disposal
· Health risks
· Animal escaping and running at large
· Treatment and housing of animals
· Erosion and sedimentation control
. Vehicular access
. Noise
· Odors
. Water pollution
· Lighting and fencing
Planning & Zoning Commission
September 20, 2007
Page 2 of2
SU2:2ested ReQuirements:
Since 1-2 acres is generally needed per animal; ~ acre should not yield 1 animal and 1
acre should not yield 2 animals. Staff, at this point, suggests the same requirements as
currently presented in the Zoning Ordinance regarding domestic livestock remain intact.
Conclusion & Recommendation:
Upon the conclusion of the workshop held on July 19,2007, the Commission reached a
consensus that the current rule remains intact. The stated reasons are as follows:
· There have not been many requests for variances or special exceptions to the rule
and P&Z felt the action to amend/change the rule was premature.
· As per research, the current ratio is rather generous and the Planning and Zoning
Commission opted to continue with the current ratio for keeping of livestock in
La Porte.
Staff recommends animal use requirements as currently presented in the Zoning
Ordinance regarding domestic livestock allowable numbers remain intact.
Actions available to the Commission are as follows:
· Recommend to Council, approval of the above requirement pertaining to the
domestic livestock.
· Recommend to Council, approval of a revised version of the above stated.
· Recommend to Council, denial of the suggested requirement.
· Table this item for further consideration by the Commission.
ZONING
~ 106-744
(h) Reserved.
(i) No accessory uses or equipment except for air conditioning structures or condensers may
be located in a required side yard except for side yards abutting streets where equipment is
fully screened from view.
(j) Large lot district. Refer to section 106-416, special regulations.
(Ord. No. 1501-T4, ~ 6(Exh. F), 10-24-05; Ord. No. 1501-B-5, ~ 6(Exh. F), 5-8-06)
Sec. 106-742. Domestic livestock.
(a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a
permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic
livestock as defined above be restrained no closer than 25 feet from property that is not devoted
to the keeping of domestic livestock, and provided further that said domestic livestock be kept
in a concentration that is less than or equal to:
(1) Two cows per acre.
(2) Two horses per acre.
(3) Two hogs per acre.
(4) Two sheep or goats per acre.
(b) In any event, the total for the above referenced grazing animals (Le. sheep, goats, hogs,
cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is
established herein, but in no event, shall the cumulative concentration of fowl be such as to
create a health hazard. The requirements of section 34-126 et seq. shall apply in any event.
(c) The keeping of livestock or fowl for the purpose of breeding for sale, whether engaged in
as a primary or accessory activity, shall be considered a conditional use as specified by section
106-331, Table A.
Sec. 106-743. Breeding kennels (dogs and cats only).
Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess of
43,560 square feet, provided that all of such kennels are licensed according to section 14-81 et
seq., and any amendments or additions thereto. Provided further that all animals must be
boarded in enclosures located no closer than 100 feet from any property line. The requirements
of section 34-126 et seq., and any amendments or additions thereto shall apply in any event.
Sec. 106-744. Bed and breakfast.
(a) A bed and breakfast shall be operated by resident homeowners.
(b) A bed and breakfast shall conform to the requirements of section 106-334.
(c) Parking shall be provided in accordance with the requirements of section 106-839.
Supp. No. 14
CD106:83