Reference Number: 2020-0060; East End on the Bayou Sec 3 replat no 1 and extension; replatting of all of “East End on The Bayou Sec 3”. as recorded at Film Code No. 686051 H.C.M.R. and all of Lots 6, 7, 13, 14 and a portion of lots 5 and 12, block 5 of Factory Addition as recorded in Vol. 3 Pg. 69 H.C.D.R.

The property is located north along Freund Street between North Nagle Street and Middle Street. The purpose of the replat is to create 15 single family residential lots and 3 reserves. The applicant, Chris Garcia, with Gruller Surveying, on behalf of Padua Realty Company, can be contacted at 713-333-1466.

Pursuant to Local Government Code 212.015 and the City of Houston’s Code of Ordinances, Chapter 42 the Planning Commission has established a public hearing date for this item. As required, the Planning Department is sending you written notice of the public hearing. The requirements for notification specify that this notice be mailed to all owners of property within 250’ of the boundary of the plat and all parcels along or across from a blockface that abuts any street or private roadway extending 500 feet from the plat as measured along the centerline of any street or private roadway that abuts the boundary of the plat.

You were mailed notification in late February of this year that the item referenced above was scheduled for a public hearing on March 19, 2020 .  Due to the COVID 19 emergency, and the Mayor’s directives on social distancing and limits on public gatherings, the March 19thand April 2nd meetings of the Planning Commission were cancelled to allow time to switch to electronic, virtual meetings.  Thus, this item is currently being rescheduled for public hearing on: 

Virtual Planning Commission Meeting
Thursday, April 30th, 2020 at 2:30 PM

The Planning Commission will hold its next meeting through a video conference via Microsoft Teams. The video conference will allow for a two-way video/ audio communication with Houston Planning Commission. To join the meeting, visit our website:

 www.houstonplanning.com

You will find a link to participate in the meeting and you may also submit comments or sign up as speakers in the following ways:

  1. Send email to: [email protected]

Please submit written comments or sign up as speakers at least 24 hours in advance of the meeting, so staff may compile them in order of the agenda items.  These will be read into the record but may be summarized by staff if they are especially lengthy or duplicative of other comments. ALL comments submitted will be made part of the meeting record. Speakers who signed up to be speak will be allowed to make their comments during the meeting.

  1. Telephone: You may call the Planning Department at: 832-393-6624 and a staff member will take your comments and this will also be read into the record and made part of the meeting record.

For additional information regarding this project, please call Chris Garcia, with Gruller Surveying, on behalf of Padua Realty Company, at 713-333-1466.  You may also contact staff with the Planning and Development Department regarding this notice via email at [email protected] or call (832)393-6600.

Be advised that state law requires the Houston Planning Commission to approve each subdivision plat and replat that complies with the provisions of Chapter 42 and any other applicable laws and requirements. See reverse side for useful information

212.015 (c) If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing.

NOTE: YOU MUST LIVE OR OWN PROPERTY IN THE PROTEST AREA TO QUALIFY FOR THREE-FOURTHS AFFIRMATIVE VOTE OF PLANNING COMMISSION. THE PLAT MAY BE DEFERRED. THE NEW DATE FOR COMMISSION ACTION WILL BE INDICATED ON THE POSTED SIGN(S) THE TUESDAY MORNING FOLLOWING THE PLANNING COMMISSION DEFERRAL.

Para más información acerca de este documento, favor de llamar al Departamento de Planificación y Desarrollo al 832-393-6659.

Terminology

  • Subdivision plat. A graphical presentation of a particular surveyed tract of land laying out street rights-of-way, lots and reserves, building setback lines, and easements which must comply with the development requirements of the City of Houston’s, Code of Ordinances, Chapter 42. These regulations, adopted by City Council, are intended to promote the safe, orderly and healthy development of the City and its extraterritorial jurisdiction. The approved map subsequently may be filed and recorded with the appropriate county clerk’s office as the official map of record for this property.
  • Subdivision replat. Is simply a subdivision plat that further subdivides an existing subdivision plat. Typically, a replat will make changes to the layout of lots, reserves, building setback lines and easements.
  • Deed restrictions. Are private covenants between property owners that are recorded with the appropriate county clerk’s office that bind all or some property owners in a neighborhood or subdivision to follow a specific set of guidelines. Typically, deed restrictions are designed to limit activities, building layout and design, and / or land uses. A replat does not amend or remove any deed restrictions.
  • Extraterritorial jurisdiction (ETJ). Represents the area extending beyond Houston’s corporate limits approximately five miles into the unincorporated areas of Harris, Fort Bend, Liberty, Montgomery, and Waller counties.
  • Chapter 42. The City of Houston’s, Code of Ordinances that describes the rules and regulations for subdividing property within the corporate limits and the extraterritorial jurisdiction.
  • Local Government Code 212.015. The state law section that describes the purpose and requirements of property owner notification when preparing certain replats.
  • A deviation from strict compliance with the rules and regulations of Chapter 42. The applicant must document a reasonable hardship that staff can evaluate.

Planning Commission Body, Authority and Obligation

  • The Houston Planning Commission is a non-legislative body authorized to govern the subdivision rules and regulations described in Chapter 42. The Commission consists of 20 members and meets every two weeks per their adopted Commission meeting schedule.
  • Should a replat meet the subdivision rules and regulations of Chapter 42 and not include a variance request the Planning Commission is obligated to approve the replat. These subdivision rules and regulations do not include the site’s land use, structure(s), parking, lighting, drainage, etc.

Planning Department Staff Authority and Obligation

  • Development Services Division reviews subdivision plats and replats for compliance with the rules and regulations described in Chapter 42 and in Local Government Code 212.015 and prepares recommendations for Planning Commission consideration.
  • Should a plat or replat meet the above rules and regulations of Chapter 42 the staff is obligated to recommend approval subject to minor corrections and further coordination with other agencies that have required more detailed information.
  • For a development within Houston’s incorporated city limits a site plan locating structure(s), parking, and landscaping is reviewed when a building permit is filed. This plan receives an administrative approval if it complies with other development rules and regulations. Should the site plan not comply, or the applicant wishes to deviate from these standards, a development plat variance may be presented to the Planning Commission.

Application No: 2020-0060
Plat Name: East End on the Bayou Sec 3 replat no 1 and extension
Applicant: Gruller Surveying
Date Submitted: 01/13/2020

The applicant bears the burden of providing factual, material, and compelling evidence to support a variance request in theStatement of Facts (“SOF”) below. The applicant must write a response to each of the statements as part of their application.Failure to do so will result in the application being deemed incomplete and not placed before the Planning Commission. Theapplicant may attach additional supporting documents to the application. P&D will not correct, revise, or edit the applicant’sinformation. P&D will formulate its recommendation by evaluating the SOF’s information, the additional information provided andany relevant information available to the Department.

(Sec. 42-47 and Sec. 42-81)

Specific requirement or condition being sought:

The applicant is requesting to dedicate 5’ for the unrestricted reserve and no dedication on Freund Street for the residential lots.

Chapter 42 Section: 122

Chapter 42 Reference:

Sec. 42-122. – Right-of-way widths. The minimum right-of-way required for each of the following types of streets or public alleysshall be as follows, subject only to the street width exception areas established pursuant to section 42-123 of this Code: Localstreets: (1) 50 feet if adjacent to exclusively single-family residential lots; or (2) 60 feet if adjacent to any other development.

If this request requires a variance or special exception, the applicant must comply with the Plat Submittal Requirements andprovide a completed Variance Request Information Form or Special Exception Information Form.

STATEMENT OF FACTS:

The applicant is requesting to dedicate 5’ for the unrestricted reserve and no dedication on Freund Street for the residential lots.See applicant’s variance request form.

Application Number: 2020-0060
Plat Name: East End on the Bayou Sec 3 replat no 1 and extension
Applicant: Gruller Surveying
Date Submitted: 01/13/2020

The applicant bears the burden of providing factual, material, and compelling evidence to support a variance request in theStatement of Facts (“SOF”) below. The applicant must write a response to each of the statements as part of their application.Failure to do so will result in the application being deemed incomplete and not placed before the Planning Commission. Theapplicant may attach additional supporting documents to the application. P&D will not correct, revise, or edit the applicant’sinformation. P&D will formulate its recommendation by evaluating the SOF’s information, the additional information provided andany relevant information available to the Department.

(Sec. 42-47 and Sec. 42-81)

Specific Variance is being sought and extent of variance:

The applicant is requesting to dedicate 5’ for the unrestricted reserve and no dedication on Freund Street for the residential lots.

Chapter 42 Section: 122

Chapter 42 Reference:

Sec. 42-122. – Right-of-way widths. The minimum right-of-way required for each of the following types of streets or public alleysshall be as follows, subject only to the street width exception areas established pursuant to section 42-123 of this Code: Localstreets: (1) 50 feet if adjacent to exclusively single-family residential lots; or (2) 60 feet if adjacent to any other development.

Statement of Facts

(1a) The imposition of the terms, rules, conditions, policies and standards of this chapter would create an unduehardship by depriving the applicant of the reasonable use of the land; OR

(1b) Strict application would make this project infeasible due to the existence of unusual physical characteristics thataffect the property in question, or would create an impractical development or one otherwise contrary to sound publicpolicy;

The applicant is attempting to build Condominiums on the unrestricted reserve, which we are dedicating the additional 5’ asrequired by Chapter 42, the residential lots that are east of the condominium development are within the ordinance of 50’ R.O.W.,strict application would put the existing residential dwellings inside of the R.O.W.

  • The circumstances supporting the granting of the variance are not the result of a hardship created or imposedby the applicant;

The circumstances supporting the variance are not a hardship created by development, the residential area is alreadydeveloped, therefore it would be a hindrance on the current residential development and would ultimately cause the existingstructures to not conform with Chapter 42, we are abiding by the ordinance in dedicating 5’ for the unrestricted reserve.

  • The intent and general purposes of this chapter will be preserved and maintained;

The intent and general purpose will be preserved as the unrestricted reserve will dedicate its required R.O.W. and the residentialis already in conformity with Chapter 42, therefore it would conform with all rules.

  • The granting of the variance will not be injurious to the public health, safety or welfare;

The granting will not be injurious to the public, rather it would keep the subdivision and area surrounding it the same as well asconform with the ordinance

  • Economic hardship is not the sole justification of the

The sole justification of the variance is to abide by Chapter 42 and avoid causing conflict with existing residential dwellings.