HomeMy WebLinkAbout04-16-09 Workshop Meeting of the La Porte Planning and Zoning Commission
Members Present:
Members Absent:
City Staff Present:
Others Present:
Planning and Zoning Commission
Minutes of April 16, 2009
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, and David Janda (Alt 1).
Les Bird and Lou Ann Martin (Alt 2).
Planning Director, Tim Tietjens; City Planner, Masood Malik; Assistant City
Attorney, Clark Askins; and Planning Assistant, Shannon Green.
Mayor, Alton Porter; Councilman, Tommy Moser; Officer, Matt Novosad; and
several other citizens.
1. Call to Order
Meeting called to order by Chairman Lawler at 6:00 p.m.
Chairman Lawler noted Commission Member Les Bird will be absent from the next three
upcoming meetings. Chairman Lawler added all present members tonight will be voting.
2. Consider Approval of the March 19, 2009, regular meeting minutes
Motion by Paul Berner to approve the regular meeting minutes of March 19, 2009. Second by
Kirby Linscomb. The Motion carried.
Ayes:
Nays:
Abstain:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, and David Janda (Alt 1).
None
None
3. Open workshop to discuss the following provisions:
A. Appendix E, Major Development Site Plan, General Plan, Development Ordinance
Mr. Malik presented a short slide presentation on Development Plans and General Plans
from the Development ordinance.
Commission Members discussed Appendix E of the Development Ordinance, Major
Development site Plans and General Plans.
B. Robert's Rules of Order
Commission Members discussed Robert's Rules of Order.
Commission requested staff to add "Proponents Rebuttal" to the agenda for public
hearings, as per Robert's Rules of Order.
Commission discussed when items on the agenda require separate votes.
Commission requested staff to list items that require a separate vote as individual
action items.
4. Close Workshop
Chairman Lawler closed the workshop at 7:34 p.m.
5. Administrative Reports
Tim Tietjens reported that the Main Street Design Certificate Package was tabled at the April 14,
2009, City Council Meeting.
Planning and Zoning Commission
Minutes of April 16, 2009
Page 2 of 2
6. Commission Comments
A. Matters appearing on agenda
B. Inquiry of staff requiring a statement of specific factual information or a
recitation of existing policy
a. David Janda asked if the Main Street Design Package would come before
the Commission for review after it has been revised. Mr. Tietjens replied
as it pertains to the Zoning Ordinance it would come before the
Commission.
b. Mr. Janda reported he attended the last meeting of the Main Street
Advisory Board. Mr. Janda recommended a workshop and joint session
in the future with the Planning and Zoning Commission and the Main
Street Advisory Board. This should help better prepare for the revised
Design Package that will be presented to the Commission in the future.
Chairman Lawler agreed and asked Mr. Janda to head up the project.
Chairman Lawler requested staff to provide an update on the 5-Points
project. Mr. Tieijens offered to provide the Commission with a copy of
the site plan.
7. Adjourn.
Motion by Paul Berner to adjoum. Second by Doretta Finch. The Motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, and David Janda (Alt 1).
None
None
Nays:
Abstain:
./ Sh non Green
Planning Assistant
Approved on this II.e day of ~
~~
Hal Lawler
Chairman, Planning and Zoning Commission
,2009.
Vacating of Subdivision Plat
Retreat at Bayforest North
VACATING OF SUBDIVISION PLAT
STATE OF TEXAS
COUNTY OF HARRlS
KNOW BY ALL MEN BY THESE PRESENTS:
I (or we), Retreat at Bay Forest. L.P ., being the sole owner and proprietor of the
following described property in the City of La Porte, Harris County, Texas, to-wit:
A subdivision of3.7599 acres (163.781 square feet) ofland being Lots ]-16 and
Reserve A, Block 1, of Retreat at Bay Forest North. A subdivision in Harris County,
Texas, according to the map or plat thereof, recorded under Film Code No. 620210, of
the Map Records of Harris County, Texas.
Do hereby desire and declare that said plat, subdivision and dedication thereon be vacated
and cancelled so as to convert all sLlch property was platted, subdivided and recorded.
ACKNOWLEDGEMENT EXECUTION
IN TESTIMONY WHEREOF, the Retreat at Bay Forest L.P. has caused these
prescnts to be signed by Don Meeks, its President, thereunto authorized, atteste1\ by its
Secretary, Ohl M t ti.s , and its common seal hereunto affixed this ~day of
TI'tn lr\ ,2009
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By: !
D~n ~s, pres.idcnt
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C\i:" t'l\EfIl.<;" , Secretary
THE STATE OF TEXAS
COUNTY OF HARRIS
..
I
BEFORE ME, the undersigm:d authurity, un this day personally appeared, Don Meeks,
President and \)fiN ~\(~ , Secretary of Retreat at Bay Forest L.P., known to me to be
the persons whose names are subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration therein expressed.
" GIVE~ UNDER MY HAND AND SEAL this the
\'Y\GtfVY\ ,2009.
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LAURIE K SIMMONS
Notal)' Public, State of Texas
My Commission Expires
May 11. 2011
or the Statr of Texas l
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This is to certify that the Planning and Zoning Commission of the City of La Porte Texas
has approved this vacating instrument in accordance with the ordinances of the City of La
Porte and authorizes the filing of said instrument with the Harris County Clerk.
By:
Director of Planning
City of La Porte, Texas
Attest:
City Engineer
City of La Porte, Texas
I
I!JREPvBUC"""""i:iiM,",,,,""ltO~
777 Post Oak Blvd. Suite 100
Houston, Tens 770S6
Customer Service Department
Phone: (713) 626-'120
RT071334
CITY OF HOUSTON
COUNTY OF HARRIS
STATE OF TEXAS
CITY PLANNlNG COMMISSION
CERTIFICATE NUMBER:
CERTIFICATE DATE: March 13. 2009
GENTLEMEN:
Old Republic Title Company of Houston bas completed a diligent search oftbe records of Old Republic Title .
Company ofHoustDn's Abstract Plant on the following descn"ed property:
All of FINAL PLAT OF RETREAT AT BAY FOREST NORTII, a subdivision in Harris County, Texas, according
to the map or plat tbereo~ recorded under Film Code No. 620210. of the Map Records of Harris County, Texas.
Wetindtitletobe apparently in RETREAT AT BAY FOREST, L. P., by virtue of Deed, dated October 28,
2004, filed for record on November 5, 2004, under Harris Counly Clerk's Rle No(s). Y..o44835.
Subject only to the following:
1. Restrictions:
NONE OF RECORD
2. Easements
Easements and/or rights of way on or over the subject property, NOT shown by the public records that may be
disclosed by a smvey of subject property.
Any portion of subject property that lies within a road right-(lf-way,poblic or private.
Easements for the installation, operation and maintenance oflDld.erground electrical distn"bution systems gnmted to
CBNTERPOlNT Em!RGY HOUSTON ELECI'RIC, LLC, a Texas Corporation by instrument filed for record under
Haais County Clerk's File No. 20070564740.
EasemcntFor Certain Utilities fortbe iDstaIlation. opemtion and maintenance of underground electrical distn"bution
systems granted to CBNTERPOlNT ENERGY HOUSTON ELECfRIC, LLC. ET AI.. by instrument filed for
record under Hurls County a~s File No. 20080232402.
The above property lies within the area designated and zoned by the City of La Porte in cODDection with the La Porte
Mm:rlcipaI Airport and is subject to the restrictions and regulations imposed by Ordinance, a certified copy of which
is filed for record under Harris County ClerkYs File No. 0203194.
CITY PLANNING LE'.ITER
l'aJ;e 1 on
The termS. conditions and stipulations of the LA PORTE AREA W ATERAurHORITY. created by Ordinance No.
1295, a copy ofwbich bas been :filed for record under Harris County Ceria File No(s}. 1...-826773.
3. Liens
Deed of Trust dated Ja:nmuy 10. 2001. filed for record on Februaxy 21, 2007. under Harris County aerk's File No.
20070109575. executed by RETREAT AT BAY FOREST. L. p.. a Texas limited partnership, to BEN H. RIGGS.
Trostee{s}. to secure the payment of ODe note in the principal sum oUBBS.OOO.OO. payable to the order of
COMPASS BANK. an Alabama banking corporation. and subject to all of the teIDlS, conditions and stipulations
contained therein; including but not limited to any other and future indebtedness also secured by this lien.
Additionally secured by Assignment of Leases and Rents. filed for record under Harris County Cled's File No.
20070109576.
Said lien, baYing been renewed, modified and/or extended by iostmment filed for record under Harris County Clerk's
File No. 20090085733.
SEARCH COMPLETE THROUGH: MatCh S. 2009
NOTICE: OLD REPUBUC TITLE INSURANCE COMPANY OF HOUSTON DISCLAIMS ANY
W.ARRANTIES, EXPESSED OR IMPLIED, CONCERNING TIllS INFORMATION. THIS INFORMATION IS
SOLELY FOR THE USE OF THE PARTY REQUESTING IT AND NO ONE ELSE. OID REPUBUC TITLE
INSURANCE COMPANY OF HOUSTON'S lIABILITY FOR ERRORS AND/OR OMISSIONS IN THIS
INFORMATION SHALL BE LlMITED TO THE AMOUNT PAID FOR TIDS REPORT. BY ACCEPTING THIS
FORM" THE PARTY REQUESTING THE INFORMATION AGREES THAT THE DISCLAIMER. OF
WARRANTIES AND LIABILITY LIMITATION CONTAINED IN TInS PARAGRAPH IS A PART OF ITS
CONTRAcr WITH OID REPUBUC TITLE INSURANCE COMPANY OF HOUSTON AND SHALL COVER
ALL ACTIONS WHE IH.W<. ARISING HEREUNDER BY STATUTE. IN CONTRACT, ORIN TORT.
. . OLO~~~alMPANYOF~N
~Ak .~ .
MER CE~TMENT
Jesse Arriazola .
Vacating of Subdivision Plat
Retreat at Bayforest South
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V r'\CATING or: SUBDIVISlON PLAT
STATE OF TEXAS
COUNTY OF HARRIS
KNOW' BY ALL MEN BY THESE PRESENTS:
I (or we), Retreat at Bay Forest. L.P.. being the sole owner and proprietor of the
following described property in the City of La Porte, Harris County, Texas. to-wit:
A subdivision on.582 acres (156,045 sljuare feet) of land being Lots ]-12 and
Reserve A. Block I, of Retreat at Bay Forest South. A subdivision in HarTis County.
Texas. according 10 the map or plat thereof. recorded under Film Code No. 620208. of
the Map Records of Harris County. Texas.
Do hereby desire and declare that said plat, subdivision and dedication thereon be vacated
and cancelled so as to convert all such property was platted. subdivided and recorded.
ACKNOWLEDGEt'v1ENT EXECUTION
IN TESTIrvl0NY WHEREOF, the Retreat at Bay Forest L.P. has caused these
presents to be signed by. Don Meeks. its President. thereunto authorized, attested by its
Secretary. DUN rn~~K:0__. and its common seal hereunto affixed this li~ day of
JYlt\flj"" 2009
THE STATE OF TEXAS
COlJNTY OF HARRIS
I
BEFORE ME. the undersigned authority, on this day personally appeared. Don Meeks,
President and W fflD tX '> . Secretary of Rctreat at Bay Forest L.P., known to me to be
the persons whose names are subscribed to the foregoing instrument. and acknowledged
to me that he executed the same for the purposes and consideration therein expressed.
1~it0,
.\^q,IY~l'LUNDER. . MY HAND AND SEAL this the
\../f .lillLlllL-. 2009.
day of
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LAURIE K SIMMONS
Notary Public, State ofTexas
MV Commission Expires
May 11,2011
ons
This is to certify that the Planning and Zoning Commission of the City of La Porte Texas
has approved this vacating instrument in accordance \vith the ordinances of the City of La
Porte and authorizes the filing of said instrument with the Harris County CJerk.
By: _
Director of Planning
City of La Porte. Texas
Attest:
City Engineer
City of La Porte, Texas
.
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t';~.OIlllIEPUBLIC 11TLr;COMI'A."'"YOF,nOttSTb~
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777 Post Oak Blvd. Suite 100
Houston, Texas 77056
Customer Service Department
Phone: (713) 626-9220
HT071335
CITY OF HOUSTON
COUNTY OF HARRIS
STATE OF TEXAS
CITY PLANNING COMMISSION
CERTIFICATE NUMBER:
CERTIFICATE DATE: March 13, 2009
GENTLEMEN:
Old Republic Title Company of Houston has completed a diligent search of the records of Old Republic Title
Company of Houston's Abstract Plant on the following descnaed property:
All of FINAL REPLAT OF RETREAT AT BAY FOREST soum, a subdivision in Harris County, Texas,
according to the map or plat thereof, recorded under Film Code No. 620208, of the Map Records of Harris County,
Texas.
We find title to be apparently in RETREAT AT SAY FOREST, L. p" a Texas limited partnership, by virtue of
Deed, dated July 21,2005, filed for record on July 27,2005, under Harris County Clerk's File No(s). Y-
644490.
Subject only to the following:
1. Restrictions:
As set forth in instrument filed forrecord under Harris County Clerk's File No. B-704090 (DR. VOL. 5150, PG.
235). BUT OMITTING ANY COVENANT OR RESTRICITON BASED ON RACE, COLOR, RELIGION, SEX.
HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
2. Easements
Easements and/or rights of way on or over the subject property, NOT shown by the public records that may be
disclosed by a survey of subject property.
Any portion of subject property that lies within a road right-of-way,public or private.
Easements for the installation, operation and maintenance of underground electrical distnantion systems granted to
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, a Texas Corporation by instrument filed for record under
Harris County Clerk's File No. 20070564741.
Easement For Certain Utilities for the installation, operation and maintenance of underground electrical distnaution
systems granted to CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, ET AL, by instrument filed for
record under Harris County Clerk's File No. 20080232404.
CITY PLANNING LETrER
Page 1 oel
The above property lies within the area designated and zoned by the City of La Porte in connection with the La Porte
Municipal Airport and is subject to the restrictions and regulations imposed by Ordinance, a certified copy of which
is filed for record under Harris County Clerk's File No. G203194.
The terms, conditions and stipulations of the LA PORTE AREA WATER AUTHORITY, created by Ordinance No.
1295, a copy of which has been filed for record under Harris County Clerk's File No(s). L-826773.
3. Liens
NOTE: We find no outstanding liens of record affecting the subject property. Inquiry should be made concerning the
existence of any recorded or unrecorded lien or other indebtedness which could give rise to any security interest
claim in the subject property.
SEARCH COMPLETE THROUGH: March 5, 2009
NOTICE: OLD REPUBLIC TITLE INSURANCE COMPANY OF HOUSTON DISCLAIMS ANY
WARRANTIES, EXPESSED OR IMPLIED, CONCERNlNG THIS INFORMATION. THIS lNFORMATION IS
SOLELY FOR THE USE OF THE PARTY REQUESTING IT AND NO ONE ELSE. OLD REPUBLIC TITLE
INSURANCE COMPANY OF HOUSTON'S LIABILITY FOR ERRORS AND/OR OMISSIONS IN THIS
INFORMATION SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS REPORT. BY ACCEPTING THIS
FORM, THE PARTY REQUESTING THE INFORMATION AGREES THAT THE DISCLAIMER OF
WARRANTIES AND LIABILITY LIMITATION CONTAINED IN THIS PARAGRAPH IS A PART OF ITS
CONTRACT WITH OLD REPUBLIC TITLE INSURANCE COMPANY OF HOUSTON AND SHALL COVER
ALL ACfIONS WHETHER ARISING HEREUNDER BY STATUTE, IN CONTRACT, OR IN TORT.
OWREP~MPANYOFHOUSTON
~S D TMENT
Jesse Arriazola
Vacating of Subdivision Plats
Retreat at Bayforest North & South
A. Staff Report
B. Area Map
C. Plats
Staff Report
Retreat at Bay Forest
North & South
Vacating of Subdivision Plats
May 21, 2009
Requested Action: Vacating recorded subdivision plats
Retreat at Bay Forest North and South
Requested Bv: Don Meeks, President, Retreat at Bay Forest, L.P.
Requested For: North - 3.7599 acres (163,781 sq. ft.) of land described as Lots 1-32, Block
1261, 16' wide alley in the block, 80 feet wide portion of West "T" Street
right-of-way closed and abandoned per City Ordinance #1530, Johnson
Hunter Survey, Abstract 35, and TR 5N, W.P. Harris Survey, Abstract
No.30, La Porte, Harris County, Texas.
South - 3.5804 acres (155,963 sq. ft.) of land described as TR A5,
W.P.Harris Survey, Abstract No. 30, La Porte, Harris County, Texas.
Present Zonine::
Low-Density Residential (R -1)
Requested Use:
Residential Subdivision - (Single Family Dwellings)
Backsfround:
Retreats at Bay Forest North and South are residential subdivisions located
along South Broadway (Old Highway 146) adjacent to the Bay Forest Golf
Course. North Section is located approximately 700' north of Wharton
Weems Boulevard and South Section is located at the southwest comer of
Wharton Weems Boulevard and South Broadway.
Under the terms of Development Ordinance 1444, these are classified as
minor subdivisions. As per Section 4.021, Development Ordinance 1444-B,
minor plats of ten (10) acres or less and involving four (4) of fewer lots
fronting on an existing street and not requiring the creation of any new street
or the extension of municipal facilities may be approved by the Director of
Planning.
List of activities is as follow:
. Preliminary Plat - P&Z approved the plats at the January 19, 2006
meeting.
. Final Plat - P &Z approved fmal plats at the March 16, 2006 meeting.
. Construction Drawings - Approved by Staff and Harris County Flood
Control District.
. Infrastructure - All construction improvements are complete at site.
Retreat at Bay Forest (N&S)
5/21/09 - P & Z
Page 2 of3
Retreat at Bay Forest North subdivision has 1 block, 16 single-family
residential lots, and 1 reserve for open space/detention purposes. The south
subdivision is designed to have 1 block, 12 single-family residential lots and
1 restricted reserve to the south of this development for detention basin.
Corresponding densities conform to 4.8 dwelling units per acre permitted in
Low-Density Residential (R-1) zoning districts per Section 106-333, Table
B, residential area requirements of the City's Code of Ordinances. The lot
sizes, however, are larger than minimum 6,000 sq. ft. required by the
ordinances.
Currently, the owner/developer has desired these subdivisions be gated
communities therefore needs to vacate the plats.
Texas Local Government Code, Chapter 212, subsection 212.013 describes
the following criteria for vacating plats:
a. The proprietors of the tract covered by a plat may vacate the plat at any
time before any lot in the plat is sold. The plat is vacated when a signed
acknowledged instrument declaring the plat vacated is approved and
recorded in the manner prescribed for original plat.
b. If lots in the plat have been sold, the plat, or any part of the plat, may be
vacated on the application of all the owners of lots in the plat with
approval obtained in the manner prescribed for original plat.
c. The county clerk shall write legibly on the vacated plat the word
"Vacated" and shall enter on the plat a reference to the volume and page
at which the vacating instrument is recorded.
d. On the execution and recording of the vacating instrument, the vacated
plat has no effect.
Here, above reference 'a' shall be applicable as no lot has been sold in these
subdivisions.
Analvsis:
Section 4.05 and Appendix D enclosure 5 of the City's Development
Ordinance establish review criteria for Vacating Plats. The vacation of
subdivision plats, which is authorized and regulated under this section, shall
be permitted, provided:
. All owners of property contained within the previous plat sign the
vacation of subdivision declaration shown on Enclosure 5 to Appendix D.
The owner has signed the document. However, this requirement shall
be satisfied once the plat is approved.
. Approval of the Commission is obtained and reflected by Commission
executed of the certificate shown on Enclosure 5 to Appendix D.
This requirement shall be satisfied once the plat is approved.
. Said owner's declaration and Commission approval certificate IS
recorded as a single instrument in the County records.
Retreat at Bay Forest (N&S)
5/21/09 -P & z
Page 3 of3
lIDs provision shall be satisfied once the plat is approved and signed
by the Commission.
Conclusion and
Recommendation:
The Vacating Plats are in accordance with the City's Development
Ordinance. Staff recommends approval of the Plats. The following items
need to be addressed prior to the recordation of the Plats:
. All improvements and/or modifications are complete at site.
. Submit updated Covenants, Conditions, and Restrictions (CCRs) for the
subdivisions including fencing standards, trash/garbage collection
system, and other maintenance to be approved by the City.
. Show details of entry gate, e.g. swing or slide gate, installation of
access/push button and location etc. Once functional, forward
information to the EMS, Fire, and Police Departments.
. All signatures required on the plats shall be obtained prior to formal
recordation with Harris County.
Options available to the Commission are as follows:
. Approval of the Plats withholding signature and recordation until the
noted items have been addressed; the owner/developer is not authorized
to begin construction of subdivision improvements or modifications.
. Disapproval of the Plats and supporting documents as filed. lIDs will
require the developer to file new Plats with the required documents.
N
A
EXHIBIT 8
General Plan
Preserve at Taylor Bayou
Exhibits
A. Staff Report
B. Area Map
c. General Plan
Staff Report
May 21, 2009
Preserve at Taylor Bayou
General Plan
Request:
Requested Bv:
Requested For:
Present Zonine::
Requested Use:
Backe:round:
General Plan for Preserve at Taylor Bayou
Eddie Dutko, General Partner
A 107.16-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris
County, Texas. This property is further described as being located in the 700
Block of McCabe Road.
Planned Unit Development (PUD)
Single-Family, Multi-Family Residential, Townhomes, & Commercial.
This property is located at the southeast corner of State Highway 146 and
McCabe Road. It is bounded on the east by Shady River Subdivision and on
the south by Shoreacres. Several years ago, the Commission and Council
approved a General Plan and Special Conditional Use Permit (SCUP) for
this location. Previously, the Commission granted two I-year extensions for
this project. Lately, another one year extension request was denied, as no
construction occurred at site.
The Planning and Zoning Commission, at the March 19, 2009, meeting,
considered General Plan for Preserve at Taylor Bayou and tabled it for
further refinement and asked for coordination in the overall planning of the
subject project.
The current application submits a General Plan for:
. 180 Multi-Family units (9 apartment buildings and 1 Clubhouse)
. 26 lots Single-Family detached
. 31 lots Single-Family special or zero lot line
. 8 Townhomes
. 1 lot, Neighborhood Commercial
. 1 lot, Nature Preserve
. 1 lot, Multi-Family open area/park
. Mitigation Pond
Development in a PUD zoning district requires that a General Plan (for the
entire proposed project) and a Special Conditional Use Permit (SCUP) be
submitted and processed simultaneously. Upon approval of the General Plan
and SCUP by City Council, the applicant would be authorized to proceed
with the platting and development plans for the project site.
EXH.IB.IT A
Preserve at Taylor Bayou
May 21, 2009
Page 2 of 4
Analvsis:
Section 4.01 and Appendix C of the City's Development Ordinance establish
review criteria for major subdivisions. Staff also used criteria in the City's
Zoning Ordinance and Comprehensive Plan to review this project.
Land Use - Review of the City's Land Use Plan indicates this 107-
acre area was envisioned as developing as low density residential with
a small comer for commercial uses. However, this proposed
development is considered to be a mixed use development.
The property is zoned Planned Unit Development (PUD) where sing1e-
family, multi-family residential (apartment complex), and commercial
are allowed subject to General Plan approval and Special Conditional
Use Permit by the City.
Residential Development - Single-family lots are shown along east,
southwest, and south boundary line of the proposed development.
Minimum lot area is 6,000 sq. ft. with a min. 25'building line as required
by the ordinances. Single-family special or zero lot line requires a
minimum of 4500 sq.ft. The plan shows compliance with applicable
ordinance requirement.
Multi-Family Regulations - As required by multi-family regulations
adopted by the City on October 14,2002, the multi-family development
is located at least 1,000 ft. from other multi-family residential
developments of 20 or more units. The proposed development does not
exceed 180 dwelling units or 14 dula allowed by the ordinances. The
General Plan shows two points of entry/exit along McCabe Road.
Transportation! Circulation - The developer is proposing two points
of entrance/exit off McCabe Road for an apartment complex. The plan
shows another driveway off McCabe Road to serve the remainder
development, e.g. townhomes, single-family dwellings and Nature
Preserve. The project's primary accesses are along McCabe Road, which
may not accommodate the traffic generated by this development.
A traffic analysis study was submitted for this development, including
the nature preserve and commercial tract. This study was done prior to
the construction of school project at the northeast comer of McCabe
Road and SH 146. The study mentions the future State Highway 146
frontage road improvements, but concludes no impact on the study or
development at the northeast comer of this intersection. Staff suggests
a new traffic study needs to be initiated for this project. The developer
should construct a right turn lane at this intersection to ensure that
traffic congestion does not occur as a result this project. In addition,
the developer shall contribute to traffic calming devices/tools (e.g.
traffic signs, turn lane).
Preserve at Taylor Bayou
May 21, 2009
Page 3 of 4
Sidewalks - As per Section 5.02 of the Development Ordinance, the
Commission required pedestrian sidewalks for the development. The
developer shall be responsible for construction and installation of
sidewalks within the complex. In addition, the developer shall construct
sidewalks along McCabe Road up to the end of the subdivision line near
SH 146.
Parks and Recreation - Section 12.0 of the Development Ordinance
requires the developer to provide on-site open space and recreational
space or to remit fees in lieu of parkland dedication to the City. The
developer may submit to the City for approval a park plan showing the
playground equipment that will be installed in the proposed park and
Nature Preserve areas. Staff suggests pedestrianlbicycle trails to be
incorporated into the development. This would connect the
developments private areas with the public pedestrian, hike & bike
trail system.
Utilities - There are sufficient water distribution facilities along McCabe
Road to supply potable water and fIre protection to the proposed project.
Provisions need to be made to ensure that sufficient utility extensions are
constructed to serve this development. Sanitary sewer service is near to
this site, and must be connected with the development to the north,
"Lakes at Fairmont Greens." The design and construction of all water
and sewer systems shall be in conformance with the City's approved
Public Improvement Criteria Manual (pICM).
Drainage - The General Plan shows that all storm drainage sheet
flows directly on to the undevelopable portion of the development.
This analysis requires Harris County Flood Control District and City
of La Porte approval. Drainage easements and mitigation pond are
proposed for anticipated outfall to the adjacent Harris County Flood
Control District (Taylor Bayou) facility. Outfalls have to be determined
and coordinated with the Army Corps of Engineers, Harris County Flood
Control District, and easements from Shady River Subdivision Civic
Association. Permits by Army Corps of Engineers and Harris County
Flood Control District must be presented to the City prior to issuance of
any building permits.
Nature Preserve -The applicant is working towards the dedication of
nature preserve to the City. While the issues are being worked towards
resolution, several questions remain. While the City maintains an
interest, a concept of dedicating "Nature Preserve" to the City of La
Porte must be considered in light of the City's Parks Master Plan 2002.
The concept needs to be presented in more detail, including the layout,
initiation of the conservation easement, noxious plants species,
including tallow trees and other brushes to be controlled within the
Preserve at Taylor Bayou
May 21,2009
Page 4 of 4
Conclusion!
Recommendation:
preservation area. In addition, the developer shall be responsible for 5-
years monitoring plan of the conservation easement. The City would
also require a detailed, formal dedication instrument including all
Army Corps mandates to review before considering final acceptance
of the conservation easement.
Based on the above analysis, staff believes that the current submittal has
merit. Staff will continue to work with the developer to address
outstanding issues with this development. We solicit the Commission's
input while considering the following conditions:
1. The Nature Preserve "conservation easement" ownership and
responsibility for its maintenance must be established prior to the
issuance of any building permit. The City and Army Corps of
Engineers must approve the conservancy dedication instrument.
2. Issues of 20' wide alleys, circulation/maneuvering, maintenance,
and franchise utility easements are outstanding.
3. Proposed mitigation pond must be developed simultaneously with
the development of proposed multi-family complex.
4. Show berm along south boundary line to prevent potential flooding
to adjacent properties. Callout proposed berm along State
Highway 146. Submit plans, indicate timeline of construction, and
developer shall be responsible for construction of these berms.
5. Furnish drainage easement approval by Shady River Civic
Association. Approval of overflow structure by Harris County
Flood Control District and the City shall be required.
Options available to the Commission are:
. Approve the General Plan as filed.
. Conditionally approve the General Plan as filed, provided, the reasons
for such conditional approval are stated in writing and a copy of the
statement is signed by the Chairman of the Planning and Zoning
Commission.
. Disapprove the General Plan as filed, provided, the reasons for such
disapproval are stated in writing and a copy of the statement is signed by
the Chairman of the Planning and zoning Commission.
N
A
EXHIBIT B
Special Conditional Uses Permit #SCU09-002
Preserve at Taylor Bayou
Exhibits
A. Staff Report
B. Area Map
C. Draft SCUP
D. General Plan
E. Public Notice Responses
Staff Report
May 21, 2009
Preserve at Taylor Bayou
Special Conditional Use Permit #SCU09-002
Request:
Requested Bv:
Requested For:
Present Zonin2:
Land Use Map:
Requested Use:
Back2round:
Special Conditional Use Permit #SCU09-002
Eddie Dutko, General Partner
A 107.16-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris
County, Texas. This property is further described as being located in the 700
Block of McCabe Road.
Planned Unit Development (PUD)
Low-Density Residential
Single-Family, Multi-Family, Townhomes, and Commercia1lRetail.
. This property is located at the southeast comer of State Highway 146 and
McCabe Road. It is bounded on the east by Shady River Subdivision
and on the south by the City of Shoreacres.
. This is an on-going project for which the Planning and Zoning
Commission and City Council have previously approved various
General Plans and Special Conditional Use Permits.
. City Council approved an Amended General Plan and a Special
Conditional Use Permit at their December 12,2005, meeting.
. Since the last approval, the applicant received two I-year extensions as
per provisions of Section 106-659 (c) of the Code of Ordinances.
. Concurrently, a third I-year extension request was denied by the City.
Now, the developer has submitted a new General Plan with the following
features.
. Single-Family Residential- 26 lots, (4.8 duJa allowed)
. Single-Family (Zero Lot Line) - 31 lots, (6 lots/acre allowed)
. Townhomes - 8 units, (10 units/acre allowed)
. Multi-Family - 180 units, (14 units/acre allowed)
. CommerciallRetail
Development in a PUD zoning district requires that a General Plan (for the
entire proposed project) and a Special Conditional Use Permit (SCUP) be
submitted and processed simultaneously. Upon approval of the General Plan
and SCUP by City Council, the applicant would be authorized to proceed
with the platting and development site plans for the phase development.
EXH~Brl A
Preserve at Taylor Bayou
May 21, 2009
Page 2 of6
Analvsis:
Section 106-659 of the Code of Ordinances establishes the following
criteria for review of development projects within a PUD zoning district:
Uses - Review of the City's Land Use Plan indicates this 107-acre
area was envisioned as developing as low density residential with a
southeast comer for commercial use. However, this proposed
development is not considered to be an overall low-density residential
but a mixed use development within a Planned Unit Development
(PUD).
Streets - The proposed development is located at the comer of State
Highway 146 and McCabe Road. The developer has proposed two points
of entrance/exit off McCabe Road for a multi-family project. Additional
drive along McCabe Road will serve townhomes, single-family
development and Nature Preserve. With an ongoing project development
at the northeast comer, further coordination with TXDOT for future
plans for SH 146 is required. The possible addition of right turn lane on
McCabe road should also be considered. In addition, monetary
contribution shall also be applicable towards traffic calming
devices/tools.
Traffic Analysis: The applicant has submitted a traffic analysis study
report. The report previously had taken into account an entire
development for a build-out in 2007. It also included the Commercial
Strip Center and Nature Preserve as an estimate with no other detail of
their nature.
The study mentions the future TxDOT Highway 146 improvements,
but concludes no impact on the study or future development in the
vicinity. However, full implementation of these developments at this
intersection will have significant impact on the traffic circulation/flow
in relation to level-of-service ratings because of the limited access
between McCabe Road and State Highway 146 now and in the future.
A right turn lane must be constructed to ensure that traffic congestion
does not occur as a result of this development.
Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development. The site for this development does,
however, split Flood Zone X to the west and a Flood Zone AE to the
East. A flood plain development permit shall be required by the City.
Density - Staff utilized the Land Use Plan as a guide with the designated
land use as Low Density Residential. The general plan shows 26 single-
family detached and 31 zero lot line lots with a development ratio of 4.6
units per acre. Eight townhomes on 1.768 acre tract comply with
minimum site area per unit requirement. Proposed apartment complex
with 180-units consists of 9.074 acres and 3.87 acres of multi-family
nature preserve area. The overall density equals 13.91 dwelling units per
Preserve at Taylor Bayou
May 21, 2009
Page 3 of6
acre, less or equal to 14 units per acres allowed by ordinance (Section
106-333, Table B, residential area requirements).
Utilities - There are sufficient water distribution facilities along McCabe
Road to supply potable water and fire protection to this proposed project.
Provisions will have to be made to ensure that sufficient utility
extensions are made to serve this development. Sanitary sewer service is
near to this site, and must be connected to the north development along
McCabe Road.
The said project will be transporting the sanitary sewer flow north
through the Lakes at Fairmont Greens, a subdivision off State Highway
146 and Wharton Weems Boulevard. Based on the current conditions,
the Preserve at Taylor Bayou, when hooked up to the new 24" trunk
sewer main going north will share pro-rated 31.2% of the total cost of
construction. Monetary contribution shall be required for the system
upgrade to handle both north and south developments.
Drainage - This property lies within the Taylor Bayou Watershed. The
channel improvements to Taylor Bayou are not designed to directly
receive storm water runoff from this project. The General Plan shows
that all storm drainage sheet flows directly on to the undevelopable
portion of the development. This analysis requires approval by Harris
County Flood Control District and City.
Drainage easements and mitigation pond are proposed for anticipated
outfall to the adjacent Harris County Flood Control District (Taylor
Bayou) facility. Outfalls have to be determined and coordinated with the
Army Corps of Engineers, Harris County Flood Control District, and
drainage easement to be obtained from Shady River Civic Association.
Permits by Army Corps of Engineers and Harris County Flood Control
District must be presented to the City prior to issuance of any building
permits.
Nature Preserve -The applicant is willing to dedicate Nature Preserve
to the City. The issues are being worked towards resolution. These
issues may be coordinated and approved in a separate dedication
instrument. The Nature Preserve ownership and responsibility for its
maintenance must be established prior to building permit issuance. The
general plan shows at least 10 public parking spaces on-site and
resident access to the nature preserve along proposed Taylor Bayou
Lane off McCabe Road.
Sidewalks - Section 5.02 of the Development Ordinance empowers the
Commission to require pedestrian sidewalks when it feels their inclusion
will serve the public interest. Staff would recommend the installation of
sidewalks along McCabe Road. Owner/developer shall be responsible
Preserve at Taylor Bayou
May 21,2009
Page 4 of6
for the installation of sidewalks. Responsibility for construction of the
sidewalks is stated on the plan.
ConclusionIRecommendation:
Based on the above analysis, staff believes that the current submittal has
merit but requires further coordination in the areas of traffic/circulation along
McCabe Road and dedication instrument for Nature Preserve. If the
Commission wishes to consider approval of this Special Conditional Use
Permit request, staff recommends the following conditions as a minimum be
included:
Nature Preserve
1. The Nature Preserve "conservation easement" ownership and
responsibility for its maintenance must be established. The City and
Army Corps of Engineers must approve the conservancy dedication
instrument prior to any plat or site plan approval.
2. The preservation area will be dedicated to the City of La Porte or a
designated land trust and converted into a conservation easement.
3. The developer shall be responsible to submit a conservation easement
to the City and the Army Corps of Engineers for review and approval
prior to its execution.
4. Per Department of the Army Permit No. 21774(01); Extension of Time,
as a compensation for the proposed wetland impacts, an on-site area
will be protected and preserved in perpetuity. The area to be preserved
will consist of 17.65 acres of wetlands and 61 acres of upland forest
and riparian habitat (a total of 78.65 acres).
5. The developer shall be responsible for first 5 years following the
initiation of the conservation easement, noxious plants species,
including Chinese tallow, cattail, and willow, will be controlled within
the preservation area. These species will be controlled so that their
total areal coverage will not exceed 25 percent of the total areal cover
of the preservation area.
6. During first 5-year period, the developer shall be responsible for
submitting annual reports to the Army Corps of Engineers
documenting the vegetation cover of the noxious plant species
including photographs of the preservation area.
DrainageIDetention
1. The design of the detention shall be reviewed by the City and HCFCD
to ensure consistency with ordinances and Taylor Bayou Watershed
Plan. Permits with Army Corps of Engineers and Harris County Flood
Control District must be presented to the City.
2. The developer shall be responsible to construct berms along State
Highway 146 and south boundary line to avoid flooding to adjacent
residential area.
Preserve at Taylor Bayou
May 21,2009
Page 5 of6
3. The developer shall obtain drainage easement from the Shady River
Civic Association for crossing outfall structure to the Taylor Bayou.
4. Section 3(proposed mitigation pond) must be developed
simultaneously with the development of Section 1 (proposed multi-
family).
Traffic/Circulation
1. The developer should coordinate with TxDOT. Traffic impact study
shall be reinitiated to look at the need for widening and additional lane
at McCabe Road in conjunction with improvements at the northeast
comer on State Highway 146.
2. The developer shall build traffic calming devices/tools (e.g. right turn
lane, signals etc.) to ensure that traffic congestion does not occur as a
result of this development.
3. Construct sidewalks along McCabe Road or in easement. A note that
owner/developer is responsible for the installation of sidewalks shall
be stated on the plan.
4. A copy of driveway permits by Harris County and Express Review
Sheet must be submitted to the City.
Insurance/Maintenance Bond
1. The owner/developer must secure a maintenance bond according to the
City's multi-family provisions, seek an approved alternate showing
evidence of bonding insurance, or participate in a "reserve fund
mechanism" that establishes an account for the sole purpose of a
maintenance project for the lifetime of the project.
2. The applicant must provide proof of funding allocation for overall
project including off-site improvements.
3. The applicant must provide a covenant that the multi-family portion of
the project remains on the City's tax rolls. Need a reference in the deed
that if sold to non-profit, owner agrees not to claim tax exempt status
runs with land or any other entity.
Utilities
1. This development must connect to the sanitary sewer along north of
McCabe Road.
2. The owner/developer shall contribute 31.2% (approx. 50K) as
proportionate cost for the construction of the south La Porte trunk
sewer main, the portion of the lift station built north of the site and the
portion of the off-site lift station at 8th and Little Cedar Bayou to
handle both north and south developments.
3. All utilities should be underground. Irrigation system is recommended
for ensuring proper maintenance of landscaping .
Preserve at Taylor Bayou
May 21, 2009
Page 6 of6
Mandatory Items
1. Proposed apartment complex must provide an area designated for
accommodation of school buses, pick up/drop off sites as per LPISD's
design standards.
2. Community Association shall be responsible for the maintenance of
drainage/detention system within the development.
3. Water meters accommodating automated meter reader devices shall be
installed by the developer. Coordinate City staff to obtain standard
specifications.
4. All deeds, covenants, conditions, and restrictions shall be reviewed
and approved by the City of La Porte. Clearly state in the covenants
that the grantee, successors, or assigns shall be responsible for
submitting plans for future platting ofthis property.
5. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of SCUP#09-002.
. Recommend to Council approval of SCUP with modified conditions.
. Recommend to Council denial of this SCUP; or continue discussion at
the Commission's next meeting to allow further study of item, by tabling
this item.
N
A
EXHIBIT B
, Draft'
City of La Porte
Special Conditional Use Permit #SCU 09-002
This permit is issued to:
Eddie Dutko c/o Land Holdina Corporation
Owner or Agent
P. O. Box 293. Leaaue City, TX 77574
Address
For Development of:
Preserve at Tavlor Bavou
Development Name
700 Block of McCabe Rd. @ SH 146. La Porte. TX
Address
Legal Description:
28.508 acre tract out of 107 acre tract of land, W.P. Harris Survey
Abstract-30, La Porte. Harris County, Texas
Zoning:
Planned Unit Development (PUD)
Use:
Sinale-familv, multi-familv (apartmentsUownhomes, and
commercial/retail.
Permit Conditions:
Nature Preserve
1. The Nature Preserve "conservation easement" ownership and responsibility for its maintenance must be
established. The City and Army Corps of Engineers must approve the conservancy dedication instrument
prior to any plat or site plan approval.
2. The preservation area will be dedicated to the City of La Porte or a designated land trust and converted
into a conservation easement.
3. The developer shall be responsible to submit a conservation easement to the City and the Army Corps
of Engineers for review and approval prior to its execution.
4. Per Department of the Army Permit No. 21774(01); Extension of Time, as a compensation for the
proposed wetland impacts, an on-site area will be protected and preserved in perpetuity. The area to be
preserved will consist of 17.65 acres of wetlands and 61 acres of upland forest and riparian habitat (a
total of 78.65 acres).
5. The developer shall be responsible for first 5 years following the initiation of the conservation easement,
noxious plants species, including Chinese tallow, cattail, and willow, will be controlled within the
preservation area. These species will be controlled so that their total areal coverage will not exceed 25
percent of the total areal cover of the preservation area.
6. During first 5-year period, the developer shall be responsible for submitting annual reports to the Army
Corps of Engineers documenting the vegetation cover of the noxious plant species including
photographs of the preservation area.
DrainaaelDetention
1. The design of the detention shall be reviewed and approved by the City and HCFCD to ensure
consistency with the City Ordinances, Taylor Bayou Watershed Plan, procedures and policies of the
Harris County Flood Control District. Permits with Army Corps of Engineers and Harris County Flood
Control District must be presented to the City.
2. The developer shall be responsible to construct berms along State Highway 146 and south boundary
line to avoid flooding to adjacent residential area.
3. The developer shall obtain drainage easement from the Shady River Civic Association and HCFCD for
crossing outfall structure to Taylor Bayou.
4. Section 3 (proposed mitigation pond) must be developed simultaneously with the development of
Section 1 (proposed multi-family).
EXHIBIT
..
\.,
Traffic/Circulation
1. The developer should coordinate with TxDOT. Traffic impact study shall be reinitiated to look at the
need for widening and/or additional lane at McCabe Road in conjunction with improvements at the
northeast corner on State Highway 146.
2. The developer shall build traffic calming devices/tools (e.g. right turn lane, signals etc.) to ensure that
traffic congestion does not occur as a result of this development.
3. Construct sidewalks along McCabe Road or in easement. A note that owner/developer is responsible
for the installation of sidewalks shall be stated on the plan.
4. A copy of driveway permits by Harris County and Express Review Sheet must be submitted to the City.
Maintenance Bond
1. The owner/developer must secure a maintenance bond according to the City's multi-family provisions,
seek an approved alternate showing evidence of bonding insurance, or participate in a "reserve fund
mechanism" that establishes an account for the sole purpose of maintenance to the project for the
lifetime of the project.
2. The applicant must provide proof of funding allocation for overall project including off-site improvements.
3. The applicant must provide a covenant that the multi-family portion of the project remains on the City's
tax rolls. Need a reference in the deed that if sold to non-profit, owner agrees not to claim tax exempt
status runs with land or any other entity.
Utilities
1. This development must connect to the sanitary sewer along north of McCabe Road.
2. The owner/developer shall contribute 31.2% (approx. 50K) as proportionate cost for the construction of
the south La Porte trunk sewer main, the portion of the lift station built north of the site and the portion of
the off-site lift station at 8th and Little Cedar Bayou to handle both north and south developments.
3. All utilities should be underground. Irrigation system is recommended for ensuring proper maintenance
of landscaping.
Mandatory Items
1. Proposed apartment complex must provide an area designated for accommodation of school buses,
pick up/drop off sites as per LPISD's design standards.
2. Community Association shall be responsible for the maintenance of drainage/detention system within
the development.
3. Water meters accommodating automated meter reader devices shall be installed by the developer.
Coordinate with staff to obtain specifications.
4. All deeds, covenants, conditions, and restrictions shall be reviewed and approved by the City of La
Porte. Clearly state in the covenants that the grantee, successors, or assigns shall be responsible for
submitting plans for future platting of this property.
5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the
State of Texas.
Failure to begin construction 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 construction 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:
City Secretary
Director of Planning
A Meeting of the La Porte
~~ @ ~ li \1J ~\ij
\W MA~ 0 S 2009 ~
Plannin~ & Zonin~ Commission
(Type of Meeting)
Scheduled for
May 21, 2009
(Date of Meeting)
to Consider
SCD09-002
(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:
-v
.~
City, State, Zip
Workshop
Fence Height & Setback Requirements
Exhibits
A. Staff Report
B. Draft Ordinance
c. Sketches
Staff Report
May 21, 2009
WORKSHOP
Zoning Ordinance Amendments
for
Fence HeigbtIPlacement
Back2:round
The Planning Department has several possible hearings for variances to the fencing
regulations and its placement for residential, commercial, and industrial zoning districts
as stated in the Zoning (Chapter 106, Code of Ordinances) and there are several cases
pending to date. At issue are fence height and placement of fences on the property line
within the landscape portion or front building setback line. There have been several
requests to study the issue to determine if there is a uniform policy or mechanism that
better determine the height limits and erection of fence on the property line in the front
setback of residential, commercial and industrial establishments.
ExistinS!: Requirements:
DefInition:
Fence: a manmade structural barrier erected on or around a piece of property or any
portion thereof
Regulations:
. No fences are permitted within any front yard areas except in the case of Large Lot
Residential Lots (> i-acre) or in the case of lots with a front yard directly adjacent to
the shoreline of Galveston Bay.
. Side and rear yard fences with six (6) feet excluding six-inch rot boards are
permitted.
. Property line fences in any industrial district shall not exceed eight (8) feet in height.
. Fences in commercial and industrial zones which are primarily erected as a security
measure may have arms projecting into the applicant's property on which barbed
wire can be fastened commencing at a point at least seven feet above the ground, and
such fence shall not be erected within the required landscaped portion of any yard or
the front yard setback of any commercial or industrial establishment.
~,(HI8rr A
Analvsis:
Fences
Zoning Ordinance Amendment
Page 2 of2
. As stated, the potential issues before the City's Zoning Board of Adjustment are
variances for fences located at the property line in the front yard setback. Staff
habitually sees these developments within industrial zoning districts, where fences
are erected for security purposes.
. Staff analyzed the situation with all of the pending cases to determine an equitable
way to possibly alter the zoning criteria to maintain the intent of the ordinance
while alleviating the need for ZBOA to hear additional cases for variances.
Results of research by the Planning Advisory Services subsidiary of the American
Planning Association on the neighboring cities are shown in the table below:
City Minimum Maximum
Deer Park 6' 5" 8'
Pasadena 6' 7'
Baytown 6' 8'
League City 6'
Friendswood 8'
Pearland 8'
Recommended ReQuirements:
Residential:
. Allow seven (7) feet high including six-inch rot boards not to exceed a maximum
height of eight feet at any point.
. Allow 8' high perimeter fences for recorded subdivisions that exceed five (5)
acres regardless of the number of subdivision lots.
Commercial/Industrial:
. Maximum height remains eight (8) feet in any industrial districts.
. Staff recommends erection of fences on minimum five (5) feet setback from the
front property line in the commercial and industrial zoning districts subject to
sight visibility and entrance gate shall be setback at minimum 20' from the front
property line.
Action by the Commission
1. Discuss the issues
2. The Commission may elect to:
~ Arrange a public hearing by next meeting
~ Make a Recommendation to City Council at conclusion of a public
hearing.
2
LA PORTE CODE
~ 106-773
(2) Construction and landscaping material currently being used on the premises;
(3) Off-street parking of passenger vehicles and light trucks, as defined in this
chapter;
(4) Firewood, compost, or residential lawn and garden tools.
Sees. 106-774-106-788. Reserved.
DIVISION 4. FENCING AND LANDSCAPING REQUIREMENTS
Sec. 106-789. Fence Materials.
Allowable fence material shall include wood pickets. chain link. masonry. and wrought
iron. Any other materials are subject to approval by the Director of Planning.
Sec. 106-790. Subdivision Perimeter Fences.
Perimeter fences shall not exceed eight feet (8') in height for recorded subdivisions that
exceed five (5) acres regardless of the number of subdivision lots. Materials shall be limited to
wood fences with brick base and columns and solid brick fences. Any other materials are subiect
to approval by the Director of Planning.
Sec. 106-791. Front yard areas.
No fences, structures, grading, or barrier hedges shall be permitted within any front yard
areas except in the case of large lot residential lots, or in the case of lots with a front yard directly
adjacent to the shoreline of Galveston Bay, as provided in section 106-792.
Sec. 106-792. Large lot residential lots.
In the case of large lot residential lots, six feet perimeter fences are permitted as an
accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston
Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However,
such fences shall not be permitted on the front lot line directly adjacent to Galveston Bay, and
shall only be constituted of chain link. These exceptions do not permit structures, grading, or
barrier hedges.
Sec. 106-793. Fences in side and rear yards.
Within side yards and rear yards, fences of not higher than seven s* feet including
excluding six-inch rot boards and walls 42 inches high or less shall be permitted.
Sec. 106-794. Fences and trees on utility easements.
~!/{;'T1 nr
- .--- ~' :'1
Fences or trees placed upon utility easements are subject to removal at the owner's
expense if required for the maintenance or improvement of the utility. Trees on utility easements
containing overhead wires shall not exceed ten feet in height.
Sec. 106-795. Maintenance of fences.
Both sides of the fence itself must be maintained in good condition by the owner of the
fence and grass/ground of cover adioining fence must be mowed and weeds removed on a
regular basis.
Sec. 106-796. Barbed wire fences.
Barbed wire fences shall not be permitted, used or constructed except in industrial
districts or to control livestock as hereinafter provided.
Sec. 106-797. Property line fences in commercial and industrial districts.
Property line fences in any industrial district shall not exceed eight feet in height except
that:
(1) Fences erected along a property line in common with a residential district shall be
subject to the provisions herein described in residential district fences; and
(2) Fences in commercial and industrial zones which are primarily erected as a
security measure may have arms projecting into the applicant's property on which
barbed wire can be fastened commencing at a point at least seven feet above the
ground, and such fence shall net be erected -;Athin the required landsoaped portion ef
any yard or the front yard on minimum five (5) feet setback from the front property
line of any commercial or industrial establishments subiect to sight visibility and
entrance gate shall be setback at minimum 20' from the front property line.
Existing Fence Provision for Commercial &
Industrial Zoning District
10' B.L.
--------------------------
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20' B.L. g
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STREET (R.O.W.)
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Proposed Fence Provision for Commercial &
Industrial Zoning District
10' B.L.
--------------------------
5' WIDE PLANTING STRIP
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20' B.L. 8
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Gate
STREET (R.O.W.)