HomeMy WebLinkAboutO-2006-1501-Z4 scup06-001
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REQUEST FOR CITY COUNCIL AGENDA ITEM
arch 13 2006
Appropriation
Requested By: Wa e
Source of Funds:
N/A
Department: Plannin2:
Account Number:
N/A
Report: _Resolution: _Ordinance:--K.-
Amount Budgeted:
N/A
Exhibits:
Ordinance
P&Z Staff Report
Aerial Map
General Plan
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its February 16,2006, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCU06-001. The request, submitted by Dr. Marcus Aquino,
M.D., seeks approval ofa Special Conditional Use Permit (SCUP) to allow a doctor's office/medical clinic to be located
south of the City of La Porte Fire Station No.4 along S. Broadway. The property is currently zoned Planned Unit
Development (PUD) and any development in a PUD requires a Special Conditional Use Permit with a General Plan
approved by the City per Section 106-659(a) of the Code of Ordinances.
Offices and clinics of physicians (M.D.), including specialists, are a permitted use per Section 106-441, "Commercial
Uses." The subject tract is 2.45 acres. The property has 100 foot of frontage along S. Broadway and a 50 foot wide drainage
easement (West Branch Taylor Bayou) runs north-south through the subject tract. The General Plan shows a 5000 sq.ft. office
and medical clinic to be built across the bridge during the initial phase of this development. The rest of the undeveloped area
(300'xI75') wil\ be reserved for future development. The applicant intends to purchase approx. 2.5 acres currently owned by the
City behind Fire Station No.4 for future development of a medical/shopping plaza along McCabe Road.
The subject property is surrounded by mixed use developments. overall impact on public services should be minimal.
South Broadway and McCabe Road have 100 foot of right-of-way, which is adequate to handle the traffic to be generated
by this proposed development. The impact upon the public health, safety, and welfare of the City should be minimal.
Nine (9) notices of public hearing were mailed to neighboring property owners. No response was received. The
Planning and Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use
Permit #SCU06-001 with the following conditions:
. SCUP#06-001 is specifically limited to the Doctor's office/clinic.
. Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall
accompany with the site plan.
. The roofed-over structures on the property shall not exceed the maximum forty percent (40%) lot coverage.
. Height of the building shaH be limited to 35' as per residential area requirements.
. Architecture of the building shall be approved by the City.
. Additional development at site shall be subject to filing ofa new application for a Special Conditional Use Permit.
. Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any additional right-of-way
required for drainage at the time of site development.
. The Developer shaH comply with all applicable laws and ordinances of the City and the State of Texas.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation by P&Z to approve Special Conditional Use Permit and General Plan for
proposed development of office/medical clinic to be located in the 2900 Block of South Broadway.
AP~~~~7;{;;da~
Debra B. Feazelle, City Manage~
,5~. 7 -c;k
Date
ORDINANCE NO. 1501-1lf
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-001 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.45 ACRES, TR 5B and TR 5J (020*E, Pt.
TR 5B), W. P. HARRIS, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE
OF DEVELOPING DOCTOR'S OFFICE/MEDICAL CLINIC ALONG SOUTH BROADWAY; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 16th day of February, 2006, at 6:00 p.m. a public hearing
was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant
to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on February 16, 2006, the
Planning and Zoning Commission of the City of La Porte met in a regular session to consider
changes in classification, which were the subject of such public hearing. The City Council of the
City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and
Zoning Commission, by letter dated February 17, 2006, a true copy of which letter is attached
hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501-Z 1
Page 2
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 13th day of March, 2006, at 6:00 p.m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6. The conditions of said Special Conditional Use Permit are as set forth in
the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit are as follows, to-wit:
A 2.45 acre tract of land being TR 58 and TR 5J (020*E, Pt. TR 58), W. P. Harris, Abstract
30, La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
"Section 8.
The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required
ORDINANCE NO. 1501- 2. ~
Page 3
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the ~ day of fM/tdv , 2006.
CITY?\ LA PORTE \~
BY:\~'~
ALTON PORTER, Mayor
ATTEST:
By: 0Yltv~ IL Iiu ffj
MARTHA GILLETT, City Secretary
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th
day of February, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
#SCU06-001, which has been requested for property located at 2910 and 2912 South Broadway
(Old Highway 146), further described as TR 5B and TR 5J (020*E, Pt. TR 5B), W. P. Harris,
Abstract 30, La Porte, Harris County, Texas. The applicant is seeking approval of a Special
Conditional Use Permit for a doctor's office/clinic to be located in a Planned Unit Development
(PUD) zone.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030 for further information.
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281-471-1234
Fax 281-471-5763
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igned authority, on this date came and
g, a duly authorized representative of The
eekly newspaper published and generally
f La Porte, Harris County, Texas and who
wears the attached notice was. published in
~ Gl. /0' !;Lo" '" .
Sworn and subscribed before me this
1~/ ,2006.
kfi ~~
;l...li' -,- f{
day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Exprires April 30, 2006
;ID<H 1811
City of La Porte
Established 1892
February 17,2006
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Penn it #SCU06~00 1
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during a regular meeting on February 16,2006,
considered Special Conditional Use Pennit #SCU06~001. The applicant, Dr. Marcus Aquino, M.D.,
seeks approval to allow a doctor's office/medical clinic to be located south of the City of La Porte
Fire Station No.4 along South Broadway.
After consideration, the Planning and Zoning Commission, by a unanimous vote, recommends
that City Council consider approval of Special Conditional Use Penn it #SCU06-001 with the
following conditions in place:
1. SCUP#06-001 is specifically limited to the Doctor's office/medical clinic.
2. Ensure that existing tree line or vegetation will be preserved off the rear property
line, and landscape plan shall accompany with the site plan.
3. The roofed-over structures on the property do not accumulatively exceed the
maximum forty percent (40%) lot coverage.
4. Height ofthe building shall be limited to 35' as per residential area requirements.
5. Architectural of the building shall be approved by the City.
6. Additional development at site shall be subject to filing a new application for
Special Conditional Use Pennit.
7. Applicant may need to coordinate with the Harris County Flood Control District
(HCFCD) for any additional right-of-way required for drainage at the time of site
development.
8. The Developer shall comply with all applicable laws and ordinances of the City
and the State of Texas.
Pat Muston
Chairperson, Planning and Zoning Commission
c:
Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Annstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
~H'Brr G
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of March, 2006,
in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU06-001, which
has been requested for property located at 2910 and 2912 South Broadway (Old Highway 146),
further described as TR 5B and TR 5J (020*E, Pt. TR 5B), W. P. Harris, Abstract 30, La Porte,
Harris County, Texas. The applicant is seeking approval of a Special Conditional Use Permit for a
doctor's office/clinic to be located in a Planned Unit Development (PUD) zone.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the CounciL
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030for further information.
;exHIBIT D
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P9lJNTYOF HARRIS C I
8IiY;b~Li~ORTE ..:S. 8th Street
> .;.~' . I:e, Texas 77571
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J ifit%<<~~~si;I~ me, the undersigned authority, on this date came and
ti'lJ {;,ared Karolyn Kellogg, a duly authorized representative of The
.~. ;: ~;~.' ore Sun, a semi-weekly newspaper published and generally
R;~(' ~n;.,{rt6J~{ uted in the City of La Porte, Harris County, Texas and who
~1~~'$~~~~~~}j being duly sworn, swears the attached notice was published in
~".:J'....t'...'.'.';.'.,.T. :.,...5.......B...........)....../.Yt. .....I..i.. ayshore Sun dated (/:;) 1;;2..(." /d20t:1 & .
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'~oh~'D~velo< Iyn Kellogg
B
281-471-1234
Fax 281-471-5763
re SUD
and subscribed before me this
,2006.
c:I r ..,H
day of
..1~~A.~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Exprires April 30, 2006
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Draft
City of La Porte
Special Conditional Use Permit # SCU 06-001
This permit is issued to:
DR. Marcus M. Aauino, M.D.
Owner or Agent
406 8ay Colony Drive, La Porte TX 77571
Address
For Development of:
Doctor's Office (Medical Clinic)
Development Name
2910 S. 8roadway (Old Hiahway 146)
Address
Legal Description:
TR 58. TR 5J (020*E pt. TR 58), W. P. Harris, Abstract 30,
La Porte, Harris County, Texas.
Zoning:
Planned Unit Development (PUD)
Use:
Doctor's Office
Permit Conditions:
1. SCUP#06-001 is specifically limited to the Doctor's office/clinic.
2. Ensure that existing tree line or vegetation will be preserved off the rear property line, and
landscape plan shall accompany with the site plan.
3. The roofed-over structures on the property do not accumulatively exceed the maximum forty
percent (40%) lot coverage.
4. Height of the building shall be limited to 35' as per residential area requirements.
5. Architectural of the building shall be approved by the City.
6. Additional development at site shall be subject to filing a new application for Special Conditional
Use Permit.
7. Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any
additional right-of-way required for drainage at the time of site development.
8. The Developer shall comply with all applicable laws and ordinances of the City 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: 3/1.3 / /) (,
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~~f.J
Lf1/m-A~~~'
City Secretary
fXHiBIT ;t"
Staff Report
February 16,2006
ReQuest:
ReQuested By:
ReQuested For:
Present Zonine::
Land Use Map:
ReQuested Use:
Back2round:
Doctor's Office/Clinic
Special Conditional Use Permit #06-001
Special Conditional Use Permit Request #06-001
Dr. Marcus M. Aquino, M.D.
On behalf of Gary Bass, Property Owner
A 2.45 acre tract, described as TR 5B and TR 5J (020*E, Pt. TR 5B), W. P.
Harris, Abstract 30, La Porte, Harris County, Texas. This property is
located at 2910 and 2912 South Broadway (Old Highway 146).
Planned Unit Development (P.U.D.)
Residential
Doctor's office/clinic (SIC Code#8011)
The subject property is located in the southeast portion of the City of La
Porte. The site is an approximately 2.45-acre tract that fronts on South
Broadway (Old Highway 146) just south of the City of La Porte Fire Station
No.4. The property is oddly shaped, being approximately 80' wide on the
front, 175' wide in the rear, and 650' deep. There is a 25' wide Harris
County drainage easement/creek to the west of the tract identified as "West
Branch Taylor Bayou".
The applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of developing a one-story, 5,000 sq. ft. building with an office, day
time clinic, and surgical facility at the site. Offices and clinics of physicians
(M.D.) including specialists (SIC Code# 8011) are a permitted use per
Section 106-441, Commercial Uses in the Code of Ordinances. All uses
permitted in the residential, commercial, and industrial districts are also
permitted in the Planned Unit Development (PUD) zoning districts per
Section 106-657 of the Ordinance. However, a Special Conditional Use
Permit is required for a development in the Planned Unit Development
(PUD) district per Section 106-659 ofthe Ordinances.
As per regulations, the tract of land for which a planned unit development,
commercial or industrial is proposed and permit is requested, shall contain
not less than five acres for commercial and industrial project. This area was
annexed to the City of La Porte as a part of Municipal Utility District. This
project is considered the initial phase of a multi-planned developments
contained within the entire PUD, each subsequent development will require
a separate SCUP.
SCU06-001
February 16,2006
Page 2 of3
Analvsis:
The 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.
In addition to performance standards, there are a number of development
standards that are specified by the Zoning Ordinance. These standards are
applicable to all P.U.D. developments. Section 106-659 of the Code of
Ordinances establishes the following criteria for review of the development
projects within a P.U.D. zoning district:
Uses - Review of the City's Land Use Plan indicates that this area is
envisioned as a residential use. The intended use of this property is office
and clinic of doctors of medicine. The other intended use is a day time
surgical office/clinic for a specialist. These uses are not extensive in nature
and may well blend with the surrounding uses along McCabe Road and S.
Broadway.
Zoning - The property is zoned PUD, where all residential, commercial,
and industrial uses are permitted. A doctor's office/clinic is a permitted
use in the commercial districts. Fire Station No.4 is located just north of
the property at the intersection of McCabe Road and South Broadway. An
old building serving as a beer garden is located to the south of this tract.
Streets - The property has a front along South Broadway (Old Highway
146) south of the intersection of McCabe Road, a 100-ft. right-of-way
(ROW). South Broadway and McCabe Road have adequate capacity to
accommodate the traffic generated by this proposed development. The traffic
circulation would not be affected with this development.
Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development.
Utilities and Drainage - There is a sufficient water distribution facility in
the area to supply potable and fire protection to this proposed development.
The water is available along South Broadway. The sanitary sewer will
SCU06-001
February 16, 2006
Page 3 of3
Recommendation:
require extension. The plan will be reviewed in detail to verify. Staff will
ensure that drainage does not impact the surrounding properties.
Open Space -The property adjoins the Taylor Bayou to the west. A
significant area will be left undeveloped. Staff recommends that the
owner/developer shall implement a landscape plan for the development site.
Based on items discussed above, staff recommends approval of the Special
Conditional Use Permit with the following conditions:
. SCUP#06-001 is specifically limited to the Doctor's office/clinic.
. Ensure that existing tree line or vegetation will be preserved off the rear
property line, and landscape plan shall accompany with the site plan.
· The roofed-over structures on the property do not accumulatively exceed
the maximum forty percent (40%) lot coverage.
· Height of the building shall be limited to 35' as per residential area
requirements.
· Architectural of the building shall be approved by the City.
· Additional development at site shall be subject to filing a new
application for Special Conditional Use Permit.
· Applicant may need to coordinate with the Harris County Flood Control
District (HCFCD) for any additional right-of-way required for drainage
at the time of site development.
· The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission are:
· Recommend to Council approval of this SCUP with additional
conditions.
· Recommend to Council denial of this SCUP.
· Continue the public hearing at the Commission's next regular meeting to
allow additional testimony and further study of this item. This results in
tabling any action on this item
McCabe Rd
..
475'
.-
175'
fence
.-
I
llii Purchase
of La Porte
Fire
Station
Proposed
from City
future development of
medical/shopping plaza
300'
reek
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