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Home My WebLink About01-16-14 Regular Meeting of the Planning and Zoning CommissionCity of La Porte Planning and Zoning Commission Agenda Notice is hereby given of a Regular Meeting of the La Porte Planning and Zoning Commission to be held January 16, 2014, at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, according to the items of business listed below: 1. Call to order. 2. Roll call of members. 3. Consider approval of October 17, 2013, meeting minutes. 4. Consider approval of November 21, 2013, meeting minutes. 5. Open public hearing to receive input on Special Conditional Use Permit Request #13- 9100003, for a 6.00 acre tract out of 24.32 acres described as "Reserve X Block 3, Port Crossing, William P. Harris Survey, Abstract 30, & Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. PTCAA Texas LP, dba Pilot Travel Centers, on behalf of Port Crossing Land LP, property owner, seeks to develop a truck travel facility with appurtenant restaurant facilities within a Planned Unit Development zone at the northwest corner of SH 146 and Wharton Weems. A. Staff Presentation B. Applicant Presentation C. Public Comments (for, against, or questions) D. Question and Answer 6. Close public hearing. 7. Consider recommendation to City Council on Special Conditional Use Permit Request #13-91000003. 8. Discuss subcommittee review of Zoning Ordinance (Chapter 106 of the Code of Ordinances). 9. Discuss assignment of definition for fill dirt material. 10. Administrative Reports 11. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy 12. Adjourn A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the January 16, 2014, agenda of items to be considered by the Planning and Zoning Commission was posted on the City Hall bulletin board on the day of , 2014. Title: Minutes Commissioners Present: Commissioners Absent: City Staff Present: 1. Call to order. Planning and Zoning Commission Minutes of October 17, 2013 Richard Warren, Phillip Hoot, Doretta Finch, Mark Follis, and Hal Lawler Les Bird, Danny Earp, Helen LaCour, and Lou Ann Martin Planning Director Tim Tietjens, City Planner Masood Malik, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee Meeting called to order by Chairman Hal Lawler at 6:02 p.m. 2. Roll Call of Members. Commissioners Warren, Hoot, Finch, Follis, and Lawler were present for roll call. 3. Consider approval of September 19, 2013, meeting minutes. Motion by Commissioner Hoot to approve the September 19, 2013, meeting minutes. Second by Commissioner Warren. Motion carried. Ayes: Commissioners Warren, Hoot, Finch, Follis, and Lawler Nays: None 4. Consider approval of a Major Development Site Plan for proposed "Mariposa at Pecan Park" senior apartment homes to be located at 3535 Canada Road. City Planner Masood Malik presented the staff report. The applicant has submitted a major development site plan for a 12.989 acre development located along Canada Road, known as Mariposa at Pecan Park, a proposed apartment complex designed exclusively for active adults 55 years and older. Staff recommended approval of the major development site plan with the conditions listed in staff's report. Casey Bump, representative for Mariposa at Pecan Park, responded to questions from the Commission. Motion by Commissioner Hoot to approve the Major Development Site Plan for proposed "Mariposa at Pecan Park" senior apartment homes to be located at 3535 Canada Road, with the following conditions: 1. Furnish the City a copy of approved Express Review Sheet by Harris County. 2. Provide the City a copy of driveway permits by Harris County prior to the issuance of any building permit. 3. Provide the City a copy of a letter from the pipeline company authorizing pavement crossings. 4. Add a note that all utility easements and facilities within the boundaries of major development site plan are "private." 5. A subdivision plat needs to be submitted and approved by the City prior to a Certificate of Occupancy. Planning and Zoning Commission Minutes of October 17, 2013 Page 2 of 3 Second by Commissioner Warren. Motion carried. Ayes: Commissioners Warren, Hoot, Finch, Follis, and Lawler Nays: None 5. Review proposed amendment to the Future Land Use Plan of the La Porte Comprehensive Plan, and consider recommendation to La Porte City Council. City Planner Masood Malik presented the staff report. On September 19, 2013, the Commission took action to forward a recommendation to City Council for approval of a rezone request by Ken Schick for 17.4705 acres near the intersection of Sens Road and Spencer Highway. During discussions it was noted that the underlying land uses were inconsistent with the proposed use, therefore, the Commission requested staff draft an amendment to the Land Use Plan consistent with the proposed use. Motion by Commissioner Warren to recommend to City Council, a change to the future Land Use Plan of the Comprehensive Plan, from commercial to low density residential, for property near the intersection of Sends Road and Spencer Highway. Second by Commissioner Hoot. Ayes: Commissioners Warren, Hoot, Finch, Follis, and Lawler Nays: None 6. Discuss Zoning Ordinance (Chapter 106) Review — Conversion of commercial/industrial use tables from SIC to NAICS. Zoning Ordinance review subcommittee members provided a status update on conversion of the commercial/industrial use tables from SIC to NAICS, which also includes changes to the footnotes. Throughout the review process, the subcommittee intends to present sections of the Zoning Ordinance with their recommended changes to the Commission. 7. Administrative Reports There were no administrative reports. 8. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. Commissioner Warren will try to attend future subcommittee meetings. Commissioner Hoot inquired about clerical assistance with the Zoning Ordinance amendments and was assured that staff would handle final preparation of the changes. Chairman Lawler thanked subcommittee members for their hard work. 9. Adjourn Motion by Commissioner Warren to adjourn. Second by Commissioner Hoot. Motion carried. Planning and Zoning Commission Minutes of October 17, 2013 Page 3 of 3 Ayes: Commissioners Warren, Hoot, Finch, Follis, and Lawler Nays: None Chairman Lawler adjourned the meeting at 7:05 p.m. Respectfully submitted, Peggy Lee Secretary, Planning and Zoning Commission Passed and Approved on 12014. Hal Lawler Chairman, Planning and Zoning Commission Commissioners Present: Planning and Zoning Commission Minutes of November 21, 2013 Doretta Finch, Richard Warren, Helen LaCour, Phillip Hoot, Lou Ann Martin, Mark Follis, Les Bird, and Danny Earp Commissioners Absent: Hal Lawler City Staff Present: City Planner Masood Malik and Assistant City Attorney Clark Askins 1. Call to order Meeting called to order by Vice -Chairman Danny Earp at 6:02 p.m. 2. Roll call of members Commissioners Finch, Warren, LaCour, Hoot, Martin, Follis, Bird, and Earp were present for roll call. 3. Discuss Zoning Ordinance (La Porte Code of Ordinances Chapter 106) Review — Conversion of commercial/industrial use table from SIC to NAICS and related changes. City Planner Masood Malik requested the Commission provide staff with direction on moving forward with the public hearings for the Zoning Ordinance amendments. Subcommittee chairman Mark Follis and subcommittee member Phillip Hoot provided an overview of the changes being proposed to the Zoning Ordinance. The subcommittee will bring their recommendations back to the Commission for review prior to scheduling a public hearing. Mr. Malik agreed to visit with the City's Marketing/PR Specialist to discuss utilizing Facebook to inform the public of the hearings. 4. Administrative Reports Mr. Malik reported Pilot Travel Center is proposing a development northwest of Wharton Wheems and SH 146 on a tract zoned Planned Unit Development. 5. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy Commissioners thanked the subcommittee for their hard work on the Zoning Ordinance and wished everyone a happy Thanksgiving. Commissioner Follis confirmed the subcommittee would meet November 22, 2013, from 2:00-4:00 p.m. Planning and Zoning Commission Minutes of November 21, 2013 Page 2 of 2 6. Adjourn Commissioner Bird moved to adjourn. Vice -Chairman Earp adjourned the meeting at 7:05 p.m. Respectfully submitted, Peggy Lee Secretary, Planning and Zoning Commission Passed and Approved on 12014. Hal Lawler Chairman, Planning and Zoning Commission Special Conditional Use Permit Request #13-91000003 1. Staff Report 2. Ordinance 3. Area Map 4. Zoning Map 5. Preliminary Site Plan Staff Report January 16, 2014 Special Conditional Use Permit #13-91000003 Pilot Truck Travel Center Requested by: PTCAA Texas LP, dba Pilot Travel Centers on behalf of Port Crossing Land LP, Property Owner Requested for: Construction of a truck travel center facility with appurtenant restaurant facilities on a 6.00 acre tract out of 24.32 acres described as "Reserve F Block 3, Port Crossing William P. Harris Survey, Abstract 30, & Johnson Hunter Survey, Abstract 35, LaPorte, Harris County, Texas. Location: Northwest corner of S.H. 146 and Wharton Weems. Present Zoning: Planned Unit Development (PUD) Requested Use: Truck Travel Center Background: The subject property is part of the General Plan for the former Texas Import/Export Park (TIEP); 342.262± acres of land out of the George B. McKinstry League, A-47, William P. Harris Survey, A-30, and Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas. It was later renamed Port Crossing Business Park, consisting of approximately 286 acres of land along South 16t' Street west of State Highway 146 South. The proposed project consists of a truck travel center of approximately 11,000 square feet containing two internal restaurant facilities and showers for truck patrons. It includes five gas pump islands for automobiles south of the proposed building and nine gas pump islands for trucks north of the proposed building. The site plan shows 51 striped truck parking spaces and 78 striped standard automobile spaces. It does not appear that the existing gateway landscaping at the comer of SH146 and Wharton Weems has been accommodated in this site plan design. The subject property is zoned Planned Unit Development (PUD). Development in a PUD zoning district requires a site plan or a general plan to be filed and processed simultaneously along with an application for a Special Conditional Use Permit. SCU #13-91000003 Pilot Travel Center Page 2 of 4 Analysis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a PUD zone. Land Use —The City's Future Land Use Plan 2012 shows this area developing with a mix of business industrial uses and residential uses with State Highway 146 dividing such development. The tract in question is at the eastern edge of the Port Crossing Business Park and is in an area undeveloped at this time. There are business industrial and warehousing uses in the western portion of Port Crossing. Further west of 16t' Street the property uses becomes light and heavy industrial since they have direct access to rail. The property east of this tract is single family residential consistent with the 2012 Future Land Use Plan. Several homes are under construction at this time. Since the subject tract is highly visible and easily accessible from SH 146 with its high traffic count, it also has potential to develop with retail uses that thrive in such circumstances, especially in greenfield locations at key intersections. The proposed use for this facility is a truck stop which is approvable in Business Industrial zones, however La Porte ordinances disallow such use outside of properties fronting State Highways 225 and 146 or Barbours Cut Blvd. corridors. Transportation — The project is located along State Highway 146 at the northwest comer of the Wharton Weems intersection. SH 146 is a primary arterial and truck route while Wharton Weems is a local arterial that terminates at 16t' Street going west and Broadway going east. Since there is a great potential for truck traffic to impact the intersection, a traffic study and appropriate mitigation would be necessary. There should be a minimal impact on southbound SH 146 truck traffic flow which is able to exit to the frontage road system abutting the business park, but impacts from northbound truck traffic have the potential to conflict with the residential traffic using the intersection. Wharton Weems is the only grade separated intersection south of Fairmont within La Porte, and is the primary means of accessing SH146 from La Porte's southern neighborhoods. The site plan for the proposed development shows two driveways along the SH146 frontage road and two driveways along Wharton Weems. Those driveways nearest to the intersection are one-way facilities. SCU #13-91000003 Pilot Travel Center Page 3 of 4 Topography — This area is relatively flat and stable and is not an obstacle to this type of development. Utilities and Drainage — Public utility facilities and services are sufficient to handle the proposed development. Potable water is available via a 12" line within the south right of way of Wharton Weems. Sanitary sewer is available via a 12" line to the west of the subject property. Drainage is available via a ditch immediately west of the subject property which accommodates the detention needs for the entire Port Crossing Business Park. This stormwater/detention facility has been designed in accordance with the City and HCFCD specifications. Social Impacts — Truck travel centers provide a service to transient transportation -induced users who may not readily know where to go for such services otherwise. The extended service hours that are inherent with a travel center can also have a tendency to invite activity that may not be appropriate in a mixed- use neighborhood. If such inappropriate activity were to occur, it would have negative effects on both land values as well as the potential for additional high -quality development. Conclusion/ Recommendation While staff feels the proposed travel center would provide a valuable service to those users traveling through LaPorte, staff recognizes the impacts of such a facility designed to service a transient population during both day and nightime hours and feels the property would not perform to its highest and best use potential in the long term, given the need for new retail in La Porte. Based on the above analysis, staff does not recommend approval of the Special Conditional Use Permit, but offers the following conditions be assigned to the development should the Commission decide to approve the project: This Special Conditional Use Permit is applicable for the subject property and subsequent plan received December 16, 2013, but not yet approved, a copy of which shall be maintained in the files of the City's Planning Department upon approval. Project development shall be consistent with such approved plan, except as otherwise specified in these conditions of approval. 2. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Existing landscaping at the intersection of Wharton Weems and SH146 planted as a "gateway" to the Port Crossing Business Park shall be maintained and incorporated into the landscape plan and irrigation system required SCU #13-91000003 Pilot Travel Center Page 4 of 4 otherwise for the development which shall also be maintained in compliance with the City's Code of Ordinances. 3. A traffic study shall be required ensuring that no adverse impact will be present at the SH146 - Wharton Weems intersection as well as the SH 146 frontage road east of the proposed facility. 4. Vehicles may park within designated parking spaces only, except when fueling. 5. TxDOT and Harris County driveway permits shall be presented prior to permit issuance for all driveways requested. 6. The pavement shall remain in good, operable, dust free condition over time, and that repairs shall be made as necessary upon written notification by the city. 7. No trucks transporting "Hazardous Cargo" are allowed on -site at any time. 8. "No loitering" signs shall be conspicuously posted outside the facility. 9. The plan shall comply with all other provisions of Chapter 106, "Zoning" of the City's Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 10. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to the Planning and Zoning Commission's review. In accordance with Section 106-217, a SCUP shall only be issued if the following conditions have been found: • That the specific use will be compatible with and not injurious to the use and enjoyment of 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, and necessary to protect the public interest and welfare of the community. ORDINANCE NO. 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 SPECIAL CONDITIONAL USE PERMIT NO. 13-91000003 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING A TRUCK TRAVEL CENTER AT THE NORTHWEST CORNER OF STATE HIGHWAY 146 SOUTH AND WHARTON WEEMS BLVD., IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; 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, TEXAS: Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit 913-91000003, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the development of truck travel center at the following described property, to wit: 6.00 acre tract out of 24.32 acres described as "Reserve J" Block 3, Port Crossing William P. Harris Survey, Abstract 30, & Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas, within a Planned Unit Development (PUD) zoning district. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. 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 is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. 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 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 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of , 2014. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney This permit is issued to For Development of: Legal Description: Zoning: Use: Permit Conditions: EXHIBIT A City of La Porte Special Conditional Use Permit #13-91000003 PTCAA Texas LP on behalf of Port Crossing Land LP Owner or Agent 5508 Lonas Road, Knoxville, Tn. 37909 Address Pilot Truck Travel Center Development Name 2302 State Highway 146 South, LaPorte, TX 77571 Address Reserve J, Block 3, Port Crossing, W.P.Harris Survey, Abstract 30, and Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Planned Unit Development (PUD) Truck Travel Center This Special Conditional Use Permit is applicable for the subject property and subsequent plan received December 16, 2013, but not yet approved, a copy of which shall be maintained in the files of the City's Planning Department upon approval. Project development shall be consistent with such approved plan, except as otherwise specified in these conditions of approval. 1. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Existing landscaping at the intersection of Wharton Weems and SH 146 planted as a "gateway" to the Port Crossing Business Park shall be maintained and incorporated into the landscape plan and irrigation system required otherwise for the development which shall also be maintained in compliance with the City's Code of Ordinances. 2. A traffic study shall be required ensuring that no adverse impact will be present at the SH 146 - Wharton Weems intersection as well as the SH 146 frontage road east of the proposed facility. 3. Vehicles may park within designated parking spaces only, except when fueling. 4. TxDOT and Harris County driveway permits shall be presented prior to permit issuance for all driveways requested. 5. The pavement shall remain in good, operable, dust free condition over time, and that repairs shall be made as necessary upon written notification by the city. 6. No trucks transporting "Hazardous Cargo" are allowed on -site at any time. 7. "No loitering" signs shall be conspicuously posted outside the facility. EXHIBIT A 8. The plan shall comply with all other provisions of Chapter 106, "Zoning" of the City's Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 9. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to the Planning and Zoning Commission's review. Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. 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