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HomeMy WebLinkAbout05102012 ZPC Agenda Item 2 ZPC AGENDA ITEM 2 Memo To: Zoning and Planning Commission From: Chris Peifer,Assistant City Manager/Public Works Director Debbie Scarcella,City Planner Date: May 10,2012 Re: Staff Report for Docket 2012-01 Applicant's Request The applicant of Docket 2012-01, 6348 and 6352 Buffalo Speedway (to become 6350 Buffalo Speedway),requests preliminary and final approval of a replat of the south one-half of Lot 1,Block 21 and the north 50 feet of Lot 1, Block 21 and the south 25 feet of Lot 2, Block 21, West University Place in order to create one legal building site. Background The property at 6348 and 6352 Buffalo Speedway is in a Single-Family 1 (SF1)zoning district at the northwest corner of Buffalo Speedway and Duke Street. Both building sites are vacant and the property owner is electing to combine the properties through the platting process in order to construct a residence. The original plat of West University Place First Addition shows Tract I and the north 50 feet of Tract II as one platted lot. At some point in the 1940's,the property was divided into two 50'x 150'parcels. A 25'portion of Lot 2 was combined with Tract II and a structure built on it prior to 1987. Since the two tracts are being combined with the 25'portion of Lot 2(as part of Tract II),the building site is not made up of whole,undivided,previously platted parcels,and state law requires the property to be platted. Usually these types of lots can be combined through an administrative platting process. In this case,however,the remaining 75'feet of Lot 2 is part of another building site,and the adjoining property owner is not a party to the plat. Since the adjoining property owner is not a part to the replat,a public hearing and approval of the Zoning and Planning Commission is required. State law further requires notices to be sent if the property has been used as or is zoned as single family residential for a period of five years prior to the plat request. Staff Recommendation Chapter 74 of the Code of Ordinance sets out the minimum technical requirements for preliminary and final plat approval. The proposed plat meets those technical requirements. There are no increases in the number of lots or city services. The Public Works Director does not require any additional easements. These types of lot combinations are generally allowed through a building site designation affidavit filed in accordance with the zoning regulations. The property owners of this site preferred to follow the replat process in order to create a single building site. Staff recommends preliminary and final approval of the replat. The City of West University Place A Neighborhood City NOTICE OF ZONING AND PLANNING COMMISSION HEARING The Zoning and Planning Commission ("ZPC") of the City of West University Place, Texas ("City") will hold a public hearing in the Bill Watson Conference Room of the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:00 P.M. on May 10, 2012. The hearing may be recessed and continued to a ZPC meeting set to begin at 6:00 P.M. on June 14, 2012. The purpose of the hearing is to provide an opportunity for all persons to be heard in relation to the following matter: Request for Preliminary and Final Replat Approval of the AALS Real Estate Addition, the south one-half of Lot 1, Block 21 and the north 50 feet of Lot 1, Block 21 and the south 25 feet of Lot 2,Block 21, in order to make one building site. Address of the site: 6348 and 6352 Buffalo Speedway (to become 6350 Buffalo Speedway), West University Place, Texas 77005 Legal description of the site: The south one-half of Lot 1, Block 21 and the north 50 feet of Lot 1, Block 21 and the south 25 feet of Lot 2, Block 21, West University Place, a subdivision in Harris County, Texas, according to the map or plat recorded on Volume 444, Page 560 of the Deed Records of Harris County, Texas. A Subdivision of 0.4304 Acre situated in the A. C. Reynolds Survey, Abstract no. 61 of Harris County, Texas Docket No.: 2012-01 Applicant: AALS Real Estate, Inc. J. Alberto Lopez and Anna M. Salas, principals Applicable regulations include the City's Subdivision Ordinance, Zoning Ordinance, Chapter 212 and Chapter 211 of the Texas Local Government Code and the rules of the ZPC. Additional details on such matters, as well as, the applicable regulations are available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearings. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the Planning & Development Assistant at 713.662.5843 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Signed: , for the ZPC April 12, 2012. Sallye A. Cl , Planning Assistant, sclark @westutx.go‘ 3800 University Boulevard • West University Place, Texas 77005 • 713.668.4441 CALDERON MOISES AALS REAL ESTATE INC GRODJESK HARVEY&ELLEN 6338 BUFFALO SPEEDWAY 2001 HOLCOMBE BLVD STE 2305 6336 BUFFALO SPEEDWAY HOUSTON TX 77005-3310 HOUSTON TX 77030-4222 HOUSTON TX 77005-3310 RE: 6348&6352 Buffalo Speedway SPENCER RICHARD L&CONSTANCE SONG WEI&RAN XU GRAY ROLLAND H&VANESSA R 6332 BUFFALO SPEEDWAY 8101 RESEARCH FOREST DR APT 7103 6333 BUFFALO SPEEDWAY HOUSTON TX 77005-3310 SPRING TX 77382-1576 HOUSTON TX 77005-3309 RE: 6330 BUFFALO SPEEDWAY MICEK GREG J&NANCY J BRADY JETT R&MARY C ZT GLOBAL INVESTMENTS INC 6339 BUFFALO SPEEDWAY 6357 BUFFALO SPEEDWAY 4265 SAN FELIPE ST STE 1100 HOUSTON TX 77005-3309 HOUSTON TX 77005-3309 HOUSTON TX 77027-2998 RE: 6403 BUFFALO SPEEDWAY MAIRS HEIDE L KENNEDY THOMAS D&GAYLE G WOLF MARY E&DAVID 6411 BUFFALO SPEEDWAY 6400 BUFFALO SPEEDWAY 6404 BUFFALO SPEEDWAY HOUSTON TX 77005-3828 HOUSTON TX 77005-3829 HOUSTON TX 77005-3829 BURGESS TIMM A&DONNA EISSA TONY MAACK MARY JOAN 6408 BUFFALO SPEEDWAY 6411 RUTGERS AVE % MARY J MAACK LIVING TRUST HOUSTON TX 77005-3829 HOUSTON TX 77005-3848 6405 RUTGERS AVE HOUSTON TX 77005-3848 YEHLE RICHARD E&MARY P WALLIS CHRISTOPHER D&KRISTIN A SHOSS RONALD M &GAIL 6401 RUTGERS AVE 6355 RUTGERS AVE 6343 RUTGERS AVE HOUSTON TX 77005-3848 HOUSTON TX 77005-3317 HOUSTON TX 77005-3317 DEBO MRS JOHN M ADKINS JOHN D II&JESSICA N AYERS JR ROBERT C&DIANA 6337 RUTGERS AVE 6331 RUTGERS AVE 6329 RUTGERS AVE HOUSTON TX 77005-3317 HOUSTON TX 77005-3317 HOUSTON TX 77005-3317 PRECISION SURVEYORS KEITH WHITE 950 THREADNEEDLE,SUITE 150 HOUSTON,TX 77079 • _ The City of West University Place Formal Application For Plat, Replat or t..y Amending Plat Approval ja LOCATION OF REQUEST(address or Subdivision Name): r 5.0 751,14,7p,../, 5-re t NAME OF PROPOSED DEVELOPMENT(if applicable): ,4/11_5 Ra�� is 6-4-r6 AA ' 04 APPLICANT(OWNER) A A./1°A o t t Name: 4. G S e4140 ( e- "t 1 SjdLA/74- Address: LGar h hi- fi Net_ j Sup' 23a c 1-fv1 c47'otlr"if* 17030 Phone Number: (I) S i= 19? Fax number:( ) _ PREPARER(SURVEYOR) Company Name:_ Pg.� f j, su yt VG�aSi�G• Contact Name: r:"� &, e J G Address: ‘95-0 ALpicepitaa le S� r�C /'2 , o ;r -Tv-77 Phone Number:(Z) 96 15-0$ Fax numte.r(2) /49 , TYPE OF PLAT 4 Plat Repiai a Amending NUMBER OFFXISTINGLOTS NUMBER OF PROPOSED LOTS ATTACHMENT 11A-Pid).1-0 L f CO% tL Dfi P /a,-t Re_ " a et SIGNATURE: � � ' r, i .1.. . DATE: /��r r i DOCKET fir Formal Plat Appli� ,M *`0 14,31 PRECISIGN surveyors 14925 Memorial Drive, Suite B100 Houston,Texas 77079 281-496-1586 Fax 281-496-1867 1777 NE Loop 410,Suite 600 San Antonio,Texas 78217 210-829-4941 Fax 210-829- 1555www.precisionsurveyors.com 1-800-LANDSURVEY April 11,2012 Zoning and Planning Commission City of West University Place 3800 University Boulevard West University Place, Texas 77005 • To Whom It May Concern, Precision Surveyors, Inc. has prepared a Replat located in the City of West University Place named AALS Real Estate Addition for the owners,AALS Real Estate, Inc. Precision formally requests of the Zoning and Planning Commission Preliminary and Final plat approval for the above mentioned replat. If you have any questions at all, feel free to contact me any time at 281-496-1586 or by email at kwhitec precisionsurveyors.corn. Sincerely, eith White-Vice President Precision Surveyors, Inc. # * OLD.REPUBLIC Y et LX.V•SCItiAct ** *. 777 Post Oak Blvd.Suite 100 Houston,Texas 77056 Customer Service Department Phone: (713)626-9220 HT073976 CITY OF WEST UNIVERSITY PLACE COUNTY OF HARRIS STATE OF TEXAS CITY PLANNING COMMISSION CERTIFICATE NUMBER: OEM.DICATE DATE:February 16,2012 GENTLEMEN: Old Republic National Title Insurance Company has completed a diligent search of the records of Old Republic National Title Insurance Company's Abstract Plant on the following described property: The South 1/2 of Lot One(1),in Block Twenty-one(21)of,WEST UNIVERSITY PLACE,a subdivision in Harris County,Texas,according to the map or plat thereof,recorded in Volume 444,Page 560 of the Deed Records of Harris County,Texas. AND The North fifty(50)feet of Lot One(1)and the South twenty-five(25)feet of Lot Two(2),in Block Twenty-one (21)of,WEST UNIVERSITY PLACE,a subdivision in Harris County,Texas,according to the map or plat thereof, recorded in Volume 444,Page 560 of the Deed Records of Harris County,Texas. We find title to be apparently in AALS REAL ESTATE,INC., a Texas corporation,by virtue of Deed,dated July 12,2011,filed for record on July 14,2011,under County Clerk's File No(s).20110289796. (as to the North 50 feet of Lot 1 and the South 25 feet of Lot 2 Block 21) AND AALS REAL ESTATE,INC.,a Texas corporation,by virtue of Deed,dated November 23,2011,filed for record on November 28,2011,under County Clerk's File No(s).20110495481.(as to the South 1/2 of Lot 1 Block 21) Subject only to the following: 1. Restrictions: As set forth in Volume 444,Page 560,Volume 806,Page 442 and Volume 1033,Page 372, of the Deed Records of Harris County,Texas. BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR,RELIGION,SEX,HANDICAP,FAMILIAL STATUS, OR NATIONAL ORIGIN. CITY PLANNING LETTER Page 1 of 3 2. Easements (As to South 1/2 of Lot 1 Block 21) Utility Easement five (5) feet in width along the rear line of the herein described property, set forth in instrument recorded in Volume 806,Page 442,of the Deed Records of Harris County,Texas. Building Line thirty(30)feet in width along the front property line of the herein described property,as provided for in instrument recorded in Volume 444,Page 560,of the Deed Records of Harris County,Texas. Sanitary sewer easement of unspecified width along the rear and Southerly portions of the subject property,as shown on the Public Works Maps of the City Of West University Place. The reservation of right to erect,maintain,operate and remove a line of poles,wires,cross-arms,transformers and other necessary appurtenances for the transmission of electric current for light,heat and power,as near as practicable to the rear property line,as reserved in instrument recorded in Volume 806,Page 442,of the Deed Records of Harris County,Texas. Zoning Ordinances by the City of West University Place, including but not limited to those set forth in instrument recorded in Volume 1075,Page 485,of the Deed Records of Harris County,Texas,and in instrument filed for record in the office of the County Clerk of Harris County,Texas,under Clerk's File No(s).R-741573. Any and all unrecorded easements claimed,asserted or used by or through the City of West University Place,or any utility company by agreement with or permission of the City of West University Place. Terms and provisions contained in Boundary Line Agreement as set out in instrument filed for record under Harris County Clerk's File No.K-814632. Terms and provisions of that certain Zoning Board Decision as set out in instrument filed for record under Harris County Clerk's File No.K-865970. Rights of parties in possession. (as to North 50 feet of Lot 1 and the South 25 feet of Lot 2 Block 21) A water, sewer and gas main easement five(5)feet in width along the rear line of the herein described property, set forth in instrument recorded in Volume 806,Page 442,of the Deed Records of Harris County,Texas. (As to Lot 1) A water,sewer and gas main easement two(2)feet in width,along the rear property line,as set forth in instrument recorded in Volume 732,Page 271,of the Deed Records of Harris County,Texas. (As to Lot 2) Sanitary sewer easement of unspecified width along the rear portion of the subject property, as shown on the Public Works Maps of the City Of West University Place. The reservation of right to erect,maintain,operate and remove a line of poles,wires,cross-arms,transformers and other necessary appurtenances for the transmission of electric current for light,heat and power,as near as practicable to the rear property line,as reserved in instruments recorded in Volume 732,Page 271 and Volume 806,Page 442, of the Deed Records of Harris County,Texas. Zoning Ordinances by the City of West University Place, including but not limited to those set forth in instrument recorded in Volume 1075,Page 485,of the Deed Records of Harris County,Texas,and in instrument filed for record in the office of the County Clerk of Harris County,Texas,under Clerk's File No(s).R-741573. Any and all unrecorded easements claimed, asserted or used by or through the City of West University Place,or any utility company by agreement with or permission of the City of West University Place. Terms and provisions contained in Boundary Line Agreement as set out in instrument filed for record under Harris County Clerk's File No.K-814632. • 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: February 12,2012 NOTICE: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY DISCLAIMS ANY WARRANTIES, EXPESSED OR IMPLIED, CONCERNING THIS INFORMATION. THIS INFORMATION IS SOLELY FOR THE USE OF THE PARTY REQUESTING IT AND NO ONE ELSE. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY'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 NATIONAL TITLE INSURANCE COMPANY AND SHALL COVER ALL ACTIONS WHETHER ARISING HEREUNDER BY STATUTE,IN CONTRACT,OR IN TORT. OLD REPUBLIC N TIONAL TITLE INSURANCE COMPANY i •• ER SER CE ' " ' • 'THE JESSE AR.RIAZOLA GF N0. 09012629 OLD REPUBLIC TITLE ADDRESS: 6348 & 6352 BUFFALO SPEEDWAY HOUSTON, TEXAS 77005 BORROWER: J. ALBERTO LOPEZ AND ANNA M. SALAS TRACT l.• THE SOUTH ONE—HALF OF LOT 1, BLOCK 21 TRACT II: THE NORTH 50 FEET OF LOT 1 AND SOUTH 25 FEET OF LOT 2, BLOCK 21 WEST UNIVERSITY PLACE S5H-2-1:1 0 ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 444, PAGE 560 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS IRON ROD FOUND (C.M.) 8 0 h MOISES CALDERON AND 0 IRON ROD WIFE, TERES4 M. CALDERON FOUND (C.M.) D.C.L. // y� HCCF NO.P46953T o NORTH IS O U 94 2 3°°.00. IRON ROD (1° IRON ROD FOUND AT "V EAST 150.00' SET s 85'19'w_p N !qI 11 11 N R UU 0.35' 110 POWER 3'BUILDING LINE ° U ' -1 2'WATER,SEWER& POLE (HCCF NO R741573) o GAS EASEMENT o __ ; VOL. 732,PG.271 H.C.D,R. d N i'Iii' iiii — ° I1 II' LOT 2 1!1%!1.1!1*A0 POWER 0 r,',. LOT 1 W POLE ,I n p g t,w 2f o y O 4 2 R J.ALBERTO LOPEZ AND ° 9 o WIFE,ANNA MARIA SALAS 8 Pr,2 '4 HCCF NO.20080242767 2 _ WOOD In U N 6. oV (a1 3 FENCE` `, ° J \T g ¢ LOT U cJ TRACT u I:' O aP' TRACT I IRON ROD J FOUND AT Q p yI ° H S 1742'E Z= J.ALBERTO LOPEZ AND 077• 5'WATER,SEWER& d WIFE,ANNA M. SALAS GAS EASEMENT HCCF NO.20090353001 VOL.806, PG. 442 H.C.O.R. u O BUILDING LINE -' ° n A (t.(ACCE SSORY BUILDINGS) (HCCF NO. R741573) n - 5'BUILDING LINE(HCCF NO.R741573) _-" f IRON ROD ° WEST 150.00' IRON ROD S —�° SET ®�,/// S�TIER 0 POLE CHAIN*LINK °I FENCE CONC. DUKE STREET 50.0' (50'R0.W.) I T r IRON ROO r F "`0 4 X,1,,. FOUND y5 A e: (C.M) Ae .• NOTE MAY BE SUBJECT TO DEED RESTRICTIONS AND/OR N n ADDITIONAL GOVERNMENTAL BUILDING REQUIREMENTS. • 1'' 10'y,�"' NOTE SANITARY SEWER EASEMENT OF UNSPECIFIED WIDTH ALONG THE REAR 4"', . .C; l._'�fil!"' , ri PORTION OF THE SUBJECT PROPERTY AS SHOWN ON THE PUBLIC WORKS MAPS OF THE CITY OF WEST UNIVERSITY PLACE. NOTE ZONING ORDINANCES BY THE CITY OF WEST UNIVERSITY PLACE,AS PER VOL. 1075,PG. 485 H.C.D.R,AND HCCF NO.R741573. NOTE:TERMS AND PROVISIONS CONTAINED IN BOUNDARY LINE AGREEMENT AS PER HCCF NO. K814632. / I HEREBY CERTIFY THAT THIS SURVEY WAS MADE l THIS PROPERTY DOES NOT LIE WITHIN THE ON THE GROUND, THAT THIS PLAT CORRECTLY '' 100 YEAR FLOOD PLAIN AS PER FIRM REPRESENTS THE FACTS FOUND AT THE ,( PANEL 206/18/2 07 ENCROACHMENTS APPARENT ON THE GROUND. I i-N s§1Ct ."-�`1 ZONE X EXCEPT AS SHOWN HEREON. THIS SURVEY IS `� �. BASED ONLY ON VISUAL EXAMINATION OF MAPS. CERTIFIED FOR THIS TRANSACTION ONLY AND I ..ti"" / .. � INACCURACIES OF FEMA MAPS PREVENT EXACT ABSTRACTING PROVIDED IN THE ABOVE / rI DETERMINATION WITHOUT DETAILED FIELD STUDY REFERENCED TITLE COMMITMENT WAS RELIED I UPON IN PREPARATION OF THIS SURVEY. ;