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HomeMy WebLinkAbout12-17-15 Regular Meeting of the Planning and Zoning CommissionPlanning and Zoning Commission Minutes of November 19, 2015 Commissioners Present= Trey Kendrick, Richard Warren, Nick Barrera, Lou Ann Martin, Mark Follis, Les Bird, and Hal Lawler Commissioners Absent: Helen La Cour and Wyatt Smith City Staff Present: City Manager Corby Alexander, Assistant City Manager Traci Leach, City Planner Eric Ensey, Planning Technician Ryan Cramer, Economic development Coordinator Scott Livingston, Assistant City Attorney Clark ^skins, and Office Coordinator Peggy Lee Council Members Presc+nt: Kristin Martin and John Zemanek i_ Call to order. Chairman Hal Lawler called the meeting to order at 6:02 p- 2. Roll Call of Members. Commissioners Kendrick, Warren, Barrc ra, Martin, Follis, Bird, and Lawler were present for roll call- a. Consider approval of meeting minutes: October 15, 2015 MQeting -- Motion by Commissioner Barrara to approve the meeting minutes of October 15, 2015. Second by Commissioner Warren. Motion -carried. Ayes: Kendrick, Warren, Bar—ra, Martin, Follis, Bird, and Lawler Nays: None 4_ Consider approval or other action regarding a request by Turfway FEC, LLC for approval of the proposed La Porte Town Center General Plan for the 20 acre tract of land known as Tract 1L, Johnson Hunter S""y y, Abstract 35 generally located on the east side of State Highway 146 north of Wharton Weems Boulevard_ City Planner Eric Ensey presented the staff report on a request by Turfway FEC, LLC, on behalf of the property owner Bayforest Ranch LTA, for approval of a General Plan for a 20-acre tract of land located on the east side of State Highway 146 north of Wharton Weems Boulevard. The General Plan includes an entertainment center, conference center, theatre, museum, restaurants, office space, townhurn—, live -work units, hotel, and park and water features_ Commissioners discussed the impacts of the proposed development. Planning and Zoning Commission Minutes of November 19, 2015 Page 2 of 5 Motion by Commissioner Warren to approve the La Porte Town Center General Plan for a 20-acre tract located on the east side of State Highway 146 north of Wharton Weems Boulevard. Second by Commissioner Follis. Motion carried. Ayes: Kendrick, Warren, Barrera, Follis, Bird, and Lawler Nays: Martin 5. Open a public hearing to receive input on an application for Special Conditional Use Permit #15- 91000007, a request by Turfway FEC, LLC to allow for construction of an entertainment, commercial and residential mixed use development on a 20-acre tract of land known as Tract 1L, Johnson Hunter Survey, Abstract 35 generally located on the east side of State Highway 146 north of Wharton Weems Boulevard. Chairman Lawler opened the public hearing at 6:04 p.m. a. Staff Presentation Staffs report for Special Conditional Use Permit Request #91000007 was presented alongside the staff report for the General Plan discussed under Item 4. The applicant, Turfway FEC, LLC, on behalf of Bayforest Ranch LTD, is requesting approval of a special conditional use permit to allow construction of an entertainment, commercial and residential mixed use development on a 20-acre tract located on the east side of State Highway 146 north of Wharton Weems Boulevard. A number of special conditional use permit conditions were included in the staff report for the Commission's consideration. Mr. Ensey summarized the proposed conditions and responded to questions from the Commission. Mr. Ensey stated all requirements for public hearing notification had been met. b. Applicant Presentation David Miles, Turfway FEC (Family Entertainment Centers) LLC, 907 S. Friendswood Dr., addressed the Commission. Mr. Miles provided a Power Point presentation and described plans for the proposed Town Center, which will carry the Gilley's name. The center will include three themes: family entertainment, golf world, and nostalgic water features and outside bumper boats. An estimated 800 jobs will be created with the development. The 114-room hotel will be approximately 6-7 stories. The overall theme of the development would be a cross between the Main Event and Dave and Buster's. Mr. Miles introduced his development team. Vincent Worley, with Worley Commercial, spoke of the vast experience of the team, including Manfred Jachmich Planning and Zoning Commission Minutes of November 19, 2015 Page 3 of 5 (Houston restaurateur), Raj Varma (IT Dimensions), Tony Webber (SW Museums), Mickey Gilley, and others. Mickey Gilley stated he has other Gilley's locations at Treasure Island in Las Vegas, Reno -Sparks, Nevada, two in Oklahoma, and one in Dallas. Mr. Gilley stated he would like the Gilley's brand to return to the area; not as a honky-tonk, but something that will make the community proud. Mr. Miles responded to questions from the Commission regarding phasing, hours of operation, alcohol sales, uses, parking, and screening from area residents. c. Public Comments (for, against, or questions) Maggie Anderson, 909 Garden Walk, spoke in favor of the project. Ms. Anderson believes the development would increase property values, help Main Street and Sylvan Beach and make the citizens proud. David Klingman, 3810 Pecan Circle, spoke in favor of the request. Mr. Klingman stated this development would make the City a destination. Tony DeLeon, 606 Fairway Dr., voiced concern about traffic. Matt Gamblin, 511 Fairway Drive, expressed concern about traffic, drainage, and property values. Mr. Gamblin stated there would be traffic, generated from the development, which would be using the entrance to Lakes at Fairmont Greens as a place to turn around. He suggested the City consider taking on the responsibility for gating the community should this development be approved. Mr. Gamblin stated there are homeowners in Lakes of Fairmont Greens that will sell their homes if the project is approved. Diane Weeden, 710 Fairway Dr., expressed concern about traffic, noise, and having a commercial development located near residential. James Larson, Deer Park, stated he has an association with the Lakes of Fairmont Greens Subdivision. Mr. Larson inquired about square footages and questioned whether the proposed development would fit on the site. He inquired about how the developer planned to deal with a dedicated drainage easement and 8-foot sidewalks. He suggested there should have been an effort to work with neighboring property owners to ensure cohesive development in the area. Dr. Malladi Reddy spoke in opposition to the request and provided Commissioners with a written letter of opposition. Dr. Reddy owns land on either side of the subject property. Dr. Reddy believes that this development will hurt his chances to develop his property as residential. Dr. Reddy previously had a contract to sell one of his properties to the same developer, but he subsequently canceled the contract due to inactivity. Dr. Reddy suggested the Town Center should be located on one of his Planning and Zoning Commission Minutes of November 19, 2015 Page 4 of 5 properties. If the development gets approval then he wants to be granted the same ability to develop his property as commercial. Jennifer Click, who resides in Fairmont Park, stated she has heard nothing but wonderful things from the community with regard to this project. David Janda, 3601 E. Desert Drive, addressed a previous comment about the subject site being the last remaining site available for residential use. Mr. Janda identified several other undeveloped residentially zoned areas in town. He has received positive feedback about the project. d. Question and Answer Staff responded to questions from the Commission. Due to the complexity of the proposed development, the Commission requested staff meet with the developer to work on conditions of the permit, taking into account all of the concerns that have been raised. 6. Close public hearing. Chairman Lawler closed the public hearing at 8:00 p.m. 7. Consider approval or other action on Special Conditional Use Permit request #15-91000007. Motion by Commissioner Follis to table Special Conditional Use Permit Request #15-91000007. Second by Commissioner Barrera. Motion carried. Ayes: Warren, Barrera, Martin, Follis, and Lawler Nays: Kendrick and Bird 8. Consider a recommendation to the LaPorte City Council on a proposed amendment to the Future Land Use Map component of the La Porte Comprehensive Plan by amending the land use designation for a 20 acre tract of land known as Tract 1L, Johnson Hunter Survey, Abstract 35, from "Low Density Residential" to Commercial," "Mid to High Density Residential" and "Mixed Use." Motion by Commissioner Barrera to table consideration of an amendment to the Future Land Use Map. Second by Commissioner Follis. Motion carried. Ayes: Warren, Barrera, Follis, and Lawler Nays: Kendrick, Martin, and Bird 9. Consider recommendation to the LaPorte City Council on a revised Official Zoning Map for the City of La Porte. Planning and Zoning Commission Minutes of November 19, 2015 Page 5 of 5 City Planner Eric Ensey presented staffs report on a recommendation to City Council to approve a revised Official Zoning Map for the City. This action would update the "official" map with all of the zoning changes that have occurred within the City since the last update. Motion by Commissioner Kendrick to recommend to City Council, approval of a revised Official Zoning Map for the City. Second by Commissioner Warren. Motion carried. Ayes: Kendrick, Warren, Barrera, Martin, Follis, Bird, and Lawler Nays: None 10. Administrative reports. There were no administrative reports. 11. Commission comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Commissioner Warren expressed appreciation to Commissioners for coming together to work as a group. Commissioner Follis advised Mr. Askins that he would soon be receiving a draft of the subcommittee's work on the Development Ordinance. 12. Adjourn Motion by Commissioner Kendrick to adjourn. Second by Commissioner Warren. Chairman Lawler adjourned the meeting at 8:55 p.m. Respect y submitted, Peggy Lee Secretary, Planning and Zoning Commission Passed and Approved on 1 0 I, Hal tawler Chairman, Planning and Zoning Commission 17 , 2015. City of La Porte, Texas Planning and Zoning Commission December 17, 2015 AGENDA ITEM 4 Consider recommendation on Special Conditional Use Permit (#15-91000007), a request to allow for construction of an entertainment, commercial and residential mixed use development on a 20 acre tract described as Tracts 1L, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas Applicant: Turfway FEC, LLC EricJ. Ensey, City Planner Planning and Development Department City of La Porte, Texas Planning and Zoning Commission Regular Meeting December 17, 2015 La Porte Town Center SCUP Planning and Development Department Staff Report ISSUE Consider a recommendation to the City Council on a request by the applicant Turfway FEC, LLC for a Special Conditional Use Permit (SCUP) to allow construction of an entertainment, commercial and residential mixed use development on a 20 acre tract described as Tracts 1L, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. RECOMMENDATION Should the Commission desire to consider a recommendation for approval of this request, staff recommends considering various conditions, as included in the SCUP. DISCUSSION The Planning and Zoning Commission conducted a public hearing of this item at the November 19, 2015 meeting. The Commission closed the public hearing and tabled the item to this meeting to allow the applicant the opportunity to address a number of concerns discussed by the Commission. Following the meeting, staff met with the applicant to further discuss those concerns. The attached Exhibit B is a letter from the applicant addressing many of the concerns addressed by the Commission. Additionally, staff is proposing some modifications to the Special Conditional Use Permit in response to the Commission's concerns. All modifications have been shown in "red" in the attached Exhibit A and are further discussed below. a. The applicant indicated that the commercial area of the development is intended to be subdivided into pad parcels. As a result, setbacks would be measured from those property lines. Staff is recommending some flexibility to allow buildings to be built up to the street right-of-way to create a "Main Street" feel. Staff has addressed this in Condition #5. The condition has been worded to maintain the setbacks around the perimeter of the commercial area, while allowing flexibility for buildings internal to the site. b. For the townhouse development, flexibility is recommended for alley -loaded garages. In instances where those are utilized, recommendation is to allow for a 5-foot front setback. (See Condition #6) c. For the live/work units, setbacks are being recommended based on the Main Street District with Overlay. However, if alley loaded attached garages are Planning and Zoning Commission Regular Meeting December 17, 2015 La Porte Town Center SCUP utilized, it is recommended that flexibility be allowed for the rear setback. (See Condition #7) d. Clarification was added to when the perimeter fence, which is required in Condition #8, must be installed. The recommendation is for it to be installed by the time of completion of the final phase of the development. e. Condition #12 was added to allow for joint parking for the development in accordance with Chapter 106. In other words, parking shall be calculated based on the aggregate for the entire commercial area. Also, the recommendation includes ability to consider any on -street parking approved by the City toward the amount of parking provided. f. Condition #24 was added to limit the hours of operation for the family entertainment center. The recommendation is to limit the hours of operation between 10:00 a.m. to 12:00 a.m. Sunday through Thursday and 10:00 a.m. to 2:00 a.m. Friday and Saturday. Additionally, there is an allowance for 2 days in a calendar month that the operator may select to go later than 12:00 a.m., with appropriate notice to the city. g. Condition #25 was added to require the platting of the townhouses as part of the first phase of development so they are ready for development. Additionally, a minimum of 7 townhouse units are required to be available for development as part of Phase One, so the necessary public right-of-way will need to be constructed at the initial phase. h. Condition #26 was added to require the applicant to submit for review a photometric plan at the time of site plan review to show the lighting and footcandle readings across the site. The Commission may add or delete any of the conditions presented for consideration or modify them as desired. ATTACHMENTS Exhibit A: Draft SCUP Exhibit B: Response Letter from David Miles Exhibit C: Staff Report dated November 19, 2015 EXHIBIT A City of La Porte Special Conditional Use Permit #15-91000007 This permit is issued to: Turfway FEC LLC Owner or Agent 907 S. Friendswood Drive Suite 303• Friendswood, TX 77546 Address For Development of. La Porte Town Center Mixed Use Development Development Name Vacant 20 acre parcel,• located on State Highway146 north of Wharton Weems Boulevard Address Legal Description: Tracts 1L Abstract 35 Johnson Hunter Survey Zoning: PUD Planned Unit Development Use: _Entertainment Hotel and Conference Center. Commercial and Medium - Density Residential Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte's Development Ordinance and shall comply with all 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. 2. All buildings shall meet or exceed the Design Standards outlined in Article IX, Chapter 106 of the Code of Ordinances. 3. Land uses permitted in accordance with the La Porte Town Center General Plan, as may be amended from time -to -time. Any modifications to the approved General Plan require approval by the Planning and Zoning Commission in accordance with the city's Development Ordinance. 4. Land uses permitted in the commercial area (all areas excluding residential land uses) shall be in accordance with the uses permitted in Chapter 106, Zoning, of the city's Code of Ordinances Use Chart under GC (General Commercial) at the effective date of this SCUP, excluding the following uses: a. Automobile repair and maintenance (811111-811198); b. Construction, Mining and Forestry Machinery and Equipment Rental and Leasing (532412); C. Office Machinery and Equipment Rental and Leasing (532420); d. Other Commercial and Industrial Machinery and Equipment Rental and Leasing (532490); e. Transit and Ground Passenger Transportation (485111-485999); f. Motor Vehicle Parts and Dealers (441110-441228); g. Furniture and Related Product Manufacturing (337110-337122); h. Construction of Buildings (236115-236118); EXHIBIT A i. Contractors (238110-238390). 5. The commercial area shall be developed in accordance with the requirements for the General Commercial zone district, However, if the developer desires to subdivide the commercial area, then setbacks shall be as follows: external property line adjacent to Highway 146 — 25 feet; external property line adjacent to north and south public right-of-way —10 feet; internal property lines — 0 feet. 6. The residential land uses identified in the General Plan as "Townhouse" shall be constructed in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances and applicable building code requirements and shall be limited to townhouse development only — not multifamily apartments or condominiums. Front setbacks for the townhouse development shall be permitted at a minimum of 5 feet from the front property line if the units contain rear -loaded parking and/or garages. 7. Additionally, the "Live -Work" units are permitted and shall comply with applicable setbacks that would be required for buildings in the Main Street Overlay District. If an attached garage is provided, then the rear setback for the building shall be 5 feet. 8. The perimeter boundaries of the property along the north and south and -east property lines shall include the installation of an 8-foot high solid masonry fence intended to mitigate the impact of development on future residential development, as identified in the city's Future Land Use Plan. Additionally, shade trees shall be planted at 20' on center along the fence line. If land uses on the adjacent properties are modified in the future allowing for similar uses, then such fence and landscaping shall not be required. Such fence shall be constructed prior to the completion of the final phase of development. 9. The applicant shall install the segment of the city's Hike and Bike Trail through the development area as identified in the city's Comprehensive Plan. The construction of the trail shall be in accordance with all applicable requirements and specifications required by the City Engineer. Additionally, following construction of the Hike and Bike Trail, the developer shall dedicate to the City of La Porte a permanent public trail easement 20' on center for the Hike and Bike Trail. 10. The developer shall provide internal connection between the city's Hike and Bike Trail to the development. 11. The developer shall work with staff at the time of site plan review to minimize the amount of parking stalls along the Highway 146 frontage. This should be accommodated by relocating buildings in a manner that places parking on the side of the building or internal to the development. If this is not possible, the developer may install planter islands at I per 10 spaces for both rows of parking along a drive aisle parallel to Highway 146. Additionally, hedges shall be planted at 3-foot on center in two rows of plantings. Such hedge row shall be installed with a variety of plant material to provide visual diversity of plant materials. 12. For the commercial portion of the development, parking shall be calculated based on the aggregate amount of parking required and proposed; joint parking is allowed. Additionally the applicant may include on -street parking, only where permitted by the city, toward the amount of parking provided for the development. 13. Parking is not permitted within any alley right-of-way. 14. The developer will be required to replat the subject property in accordance with the requirements of the city's code requirements. 15. All public streets internal to the development site shall be constructed in accordance with the city's Public Improvement Criteria Manual and shall be dedicated to the city. Regardless of phasing of the development, any dedication of public improvements identified as part of the plat must be accepted by the city prior to the recordation of the Final Plat. Should the developer desire to construct such public streets at a later time, then a development agreement shall be required between the city and developer that provides a financial guarantee, as approved by the city, that will ensure that said public roads will be installed and a date for which those improvements must be made. 16. Parking on any public street shall only be permitted on one side of the street and shall be signed by the developer in accordance with applicable sign requirements. EXHIBIT A 17. Access to any public right-of-way is subject to the requirements of Section 106-835, Figure 10-3 and will be reviewed at the time of Site Development Plan. TXDOT right-of-way access permits shall be presented prior to permit issuance for all driveways requested on Highway 146. Maximum driveway widths shall be provided in compliance with city code requirements. 18. The developer will be required to submit for approval by the City Engineer, a drainage report indicating how the proposed development will accommodate the requirements for storm water detention in accordance with the city's Public Improvement Criteria Manual, or if discharging in a TXDOT or Hams County system, approval by such authority. 19. Because Highway 146 has been identified as a significant corridor in the community, the developer shall work with the Planning and Zoning Commission at the time of site plan review on a landscape theme along the Highway 146 frontage. Such theme shall be above and beyond the requirements outlined in Section 106-800 of the city's Code of Ordinances. 20. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 21. A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the applicant, shall be required. If any mitigation is required by the study, the applicant will be responsible for their proportion of the impact. All contributions would be subject to reimbursement through the TIRZ, pursuant to approval by the TIRZ Board. 22. If extension of any public water or sanitary sewer line is required as part of this development, the applicant will be required to execute a utility extension agreement with the city and install such improvements at the cost of the developer. 23. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. 24. The hours of operation for the family entertainment center shall be 10:00 a.m. to 12:00 a.m. Sunday through Thursday and 10:00 a.m. to 2:00 a.m. on Friday and Saturday. There may be up to two days in a calendar month where the family entertainment center may remain open from 10:00 a.m. to 2:00 a.m. to accommodate special performances. The operator of the family entertainment center will be responsible for informing the city in writing at least two (2) weeks before such event. 25. The residential townhouses are required to be platted as part of the first phase of the development. A minimum of seven (7) townhouse units are required to be available for development as part of the initial phase of development. 26. A photometric plan will be required at the time of site plan submittal that will identify site lighting and the lumens proposed across the site. Lighting will need to be in compliance with the requirements of Section 106-310, Footnote A, of the city's Code of Ordinances. Failure to start construction of 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. Validation Date: Director of Planning and Development City Secretary EXHIBIT B Memorandum City of La Porte Planning and Zoning Commission By a six to one vote on November 19, 2015, the Planning and Zoning Commission approved the General Plan for La Porte Town Center on a 20 Acre Tract off Hwy. 146. The developer, Turfway FEC, LLC, would appreciate a continuance to the tabled discussions at the next Dec.17, 2015 scheduled meeting of the Planning and Zoning Commission which will further outline conditions inherent to a Special Conditional Use Permit on the aforementioned La Porte Town Center. Some of the conditions as set forth by the Commission were: 1) Comply with TxDot 25' setback from ROW on Hwy. 146 feeder. The developer proposes to utilize this space for landscape credits and retention/detention. 2) Provide adequate retention/detention as per requirements of development and build -out. The developer will utilize all tools and resources to utilize Smart Growth principles and Stormwater Best Managements Practices. 3) Provide parking that will meet code requirements of space per use/foot. Developer requests parking ratios to be a function of lots and uses, to build permit process and site plan approval. Also in regards to Smart Growth as defined in La Porte's Comprehensive Plan to consider time/place parking ratios coincident with the development of Town Centers. i.e. cross parking as reciprocal consent agreements as defined in the Covenants, Conditions and Restrictions produced by the developer. 4) Developer to supply traffic impact analysis. 5) Developer to define a live -work space as mentioned in La Porte's Commprehensive Plan as updated in 2012. 6) Plan for any and all sound or sight intrusions or exposure to neighborhoods to the North and South of subject property. Developer will and has conceptualized uses in a manner that will diminish visibility and noise intrusions to surrounding neighborhoods. Developer suggests a 12:00 am limit on outside music and do not exceed decibal requirements with inside music. Alcohol sales to be consistent with TABC regulations. Our closest competitors Main Event, It's, Dave and Busters and Stampede are open 11AM- 12:AM Sundays and weekdays Monday -Thursday with Friday and Saturday opening at 11:00 AM and 9:00 AM respectfully until 2:00 AM. 7) As suggested by Planning and Zoning Commission, the developer will produce townhomes and/or live -work units as a part of the Phase I or 11 development. EXHIBIT B In conclusion, Turfway recognizes that La Porte is desirous of Smart Growth and green infrastructure with walkable communities. In the 1980's the Planning and Zoning Commission was established as, and still is the advisory committee, the "gate keeper", for the community and market driven vision. Three years ago Kendis Keast Collaborative (Urban Planning Consultants) updated the Comprehensive Plan for La Porte to vision 2030 and set the stage to a buildout community. As indicated in 6.1 of the Comprehensive Plan which outlines the benefits of Mixed -Use Development and includes a more compact form of development, which is less consumptive on land and resources, convenience, mobility, positive effects on City's budget, vacant properties added to tax rolls, and less infrastructure. Smart Growth, (TND) promotes a character based system in lieu of a current use base system (CND). With meeting and/or exceeding expectations of the Commission, and approval of La Porte Town Center SCUP, this endeavor will prove to be a signature hallmark for La Porte's continuous growth as envisioned by its citizenry. Sincerely, David Miles, Developer Turfway FEC, LLC City of La Porte, Texas Planning and Zoning Commission December 17, 2015 AGENDA ITEM 5 Consider approval of an amendment to the City of La Porte's Future Land Use Plan by amending the land use designation for a 20 acre tract of land known as Tract 1L, Johnson Hunger Survey, Abstract 35 from "Low Density Residential" use to "Commercial" use, "Mixed Use" use, and "Mid- to High -Density Residential" Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas Planning and Zoning Commission Regular Meeting December 17, 2015 Future Land Use Plan Amendment (La Porte Town Center) Planning and Development Department Staff Report ISSUE Consider a recommendation of approval to the City Council for an amendment to the city's Future Land Use Plan as demonstrated in the attached Exhibit A. RECOMMENDATION Should the Planning and Zoning Commission desire to recommend approval of Agenda Item Requests (#4 & #5-7) pertaining to the development of the 20 acre tract of land for the La Porte Town Center development, then the city's Future Land Use Plan should be amended as described in this item. DISCUSSION This item was tabled by the Planning and Zoning Commission to the December 17, 2015 meeting. Staff is presenting for consideration an amendment to the city's Future Land Use Plan in conjunction with a request by Turfway FEC, LLC for the development of the La Porte Town Center development. This is a proposed entertainment, retail/service, and residential mixed -use development located on State Highway 146 north of Wharton Weems Boulevard on a 20 acre tract of land known as Tract 1L, Johnson Hunter Survey, Abstract 35. The city's Future Land Use Plan (FLUP) identifies this property as "Low Density Residential" land use. In order to accommodate the proposed development, the FLUP would need to be amended to allow for "Commercial" use (for proposed hotel, entertainment center, and retail and restaurant pad sites), "Mixed Use" use (for the proposed live -work units), and "Mid- to High -Density Residential" (for the proposed brownstone townhome units). The FLUP may be amended from time to time if approved by the City Council, upon recommendation by the Planning and Zoning Commission. The attached Exhibit A demonstrates the existing land use versus what is being proposed. The subject site is zoned PUD, Planned Unit Development, which allows for the uses proposed in the development. The applicant has also submitted application for a General Plan and Special Conditional Use Permit, which are both being presented to the Planning and Zoning Commission Regular Meeting December 17, 2015 Future Land Use Plan Amendment (La Porte Town Center) Commission at this meeting. This FLUP amendment would be consistent with the proposed General Plan and SCUP. Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for amending the city's Future Land Use Plan, which was adopted as a component of the Comprehensive Plan. The LGC requires review of the proposed amendment by the Planning and Zoning Commission and consideration by the City Council. A public hearing will be scheduled at the time of City Council review. The Future Land Use Plan identifies the following surrounding land uses (see the attached Exhibit A): Land Use Development North Low Density Residential Undeveloped South Low Density Residential Undeveloped West State Highway 146 Right -of -Way State Highway 146 Right -of -Way East Park and Open Space La Porte Municipal Golf Course ATTACHMENTS Exhibit A: Existing and Proposed Future Land Use Plan LAND USE EXHIBIT EXHIBIT A EXISTING FUTURE LAND USE PROPOSED FUTURE LAND USE L=7 - I Pq� tL GARDEN WALK ® ® N ® NOT TO SCALE MHDR cc v 2 LDR COMM z C=_1 LL�� t__ GARDEN WALK ® �® to M H ® NOT TO SCALE MU COM LDR Legend LAND USE - MIXED USE LOW -DENSITY RESIDENTIAL _ COMMERCIAL MID -HIGH DENSITY RESIDENTIAL - PARKS AND OPEN SPACE City of La Porte, Texas Planning and Zoning Commission December 17, 2015 AGENDA ITEM 6 Discussion on a request to designate a portion of Bay Area Boulevard as a truck route. Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas Planning and Zoning Commission Regular Meeting December 17, 2015 Future Land Use Plan Amendment (La Porte Town Center) Planning and Development Department Staff Report ISSUE Discuss a request to amend the city's Official Truck Route Map to include a portion of Bay Area Boulevard as a truck route between Spencer Highway and Fairmont Parkway. DISCUSSION The city's regulations that govern truck routes and truck traffic are contained in Article VI of Chapter 70 of the city's Code of Ordinances. These regulations contain those streets and thoroughfares within the city limits that are designated as truck routes. A "truck route" is defined in the code as: those routes which are designated for the use of commercial motor vehicles. Truck routes are established to guide commercial motor vehicles to and through the community. Chapter 70 further provides City Council with the express authority to modify truck routes. However, it has been past practice of the Council to request the P&Z to review requests to add or modify truck routes. As a result, this item is being presented to the Planning and Zoning Commission for discussion and recommendation. The attached Exhibit A is a letter from Anthony L. Marre of Wilson Cribbs & Goren that explains the purpose of the request. Mr. Marre is legal counsel representing PPG, who is the owner of a tract of land located immediately adjacent to and on the east side of Bay Area Boulevard between Spencer Highway and Fairmont Parkway. The attached Exhibit B is an area map showing the general location of the tract of land. The subject tract of land is zoned PUD, Planned Unit Development, and the city's Future Land Use Map, as established in the Comprehensive Plan, identifies this tract as a "light industrial" use (see the attached Exhibit Q. Future development of the site would require approval of a Special Conditional Use Permit (SCUP). PPG is exploring a potential sale of the tract of land to Avera, or some similar developer, for the development of a warehouse and distribution facility. Warehouse and distribution uses are permitted in Light Industrial districts, however they are required to have frontage on a designated High Frequency Truck Road. In this case, the subject tract, provided it isn't subdivided in the future is on a designated High Frequency Truck Planning and Zoning Commission Regular Meeting December 17, 2015 Future Land Use Plan Amendment (La Porte Town Center) Road, which is Spencer Highway. As a result, the warehouse distribution use could be considered subject to approval of a SCUP. The issue at hand for this discussion is how truck traffic should access the site. Chapter 70 of the City Code indicates that commercial motor vehicles shall not operate on roads not designated as truck routes. The code does allow for origin/destination trips off designated truck routes. However in this case, the code would require access to this site from Spencer Highway, which is the nearest designated truck route and is located immediately adjacent to the subject site. The applicant cites safety concerns with accessing the site from Spencer Highway for truck traffic. There are concerns with the stacking of truck traffic on Spencer as well as having to access the site with a left turn. The applicant desires to have direct access to Bay Area Boulevard for the primary access to the site. The flow of traffic is included on the "Master Plan -Option 1" included in the attached Exhibit A. The current proposal is to access the site on Bay Area Boulevard from Fairmont Parkway and exit the site back to Bay Area Boulevard and then to Fairmont Parkway. Earlier this year, a subcommittee established by the City Council presented a report to the Council that thoroughly reviewed the city's commercial motor vehicle regulations. Part of their analysis and recommendation was the inclusion of Bay Area Boulevard as a designated truck route. However, at that time the City Council opted not to include Bay Area Boulevard as a truck route. The inclusion of Bay Area Boulevard as a truck route could have the effect of providing an alternative means of accessing Highway 146 for truck traffic, rather than continuing to funnel truck traffic on Fairmont Parkway. Staff has some concern that the proposed traffic management plan for this site has the impact of requiring all traffic to come from Fairmont Parkway, therefore increasing the congestion of the road. If traffic were required to exit onto Spencer Highway, this would alleviate some of the increased congestion on Fairmont. ATTACHMENTS Exhibit A: Letter from the Applicant and Master Plan -Option 1 Exhibit B: Area Map Exhibit C: Zoning and Land Use Map Exhibit D: Truck Route Map MLSO M EXHIBIT A ANTHONY L. MARRE Real Estate Attorneys Board Certified Commercial Real Estate Texas Board of Legal Specialization 2500 Fannin Street 713.222.9000 main Houston, Texas 77002 713.229.8824 fax amarre@wcglaw.com 713.547.8511 direct November 11, 2015 Via Federal Express and Via Email: TietiensT(cD_laportetx.gov Mr. Tim Tietjens, Director City of La Porte, Texas 604 W Fairmont Parkway La Porte, Texas 77571 Re: Modification of Truck Routes established in Chapter 70 of the Code of Ordinances (the "Code") of the City of La Porte, Texas (the "City"). Mr. Tietjens: Our Firm represents PPG Industries, Inc., a Pennsylvania corporation ("PPG"), which owns certain real property located on the east side of Bay Area Blvd. between Spencer Highway and Fairmont Parkway in La Porte, Texas (the "Property"), as depicted on the enclosed preliminary site plan (the "Site Plan"). PPG intends to use the Property for purposes consistent with the City's Future Land Use Plan (i.e., Business Industrial and Light Industrial uses). In order to successfully do so, it is critical that that the Property has reasonable access to one or more Truck Routes. The City's Truck Routes do not currently include the portion of Bay Area Blvd. between Spencer Highway and Fairmont Parkway, despite the contrary recommendations of prior City committees created to study the circulation of truck traffic within the City. The purpose of this letter is to request that the City modify the Truck Routes established in Sec. 70-231 of the Code to include Bay Area Blvd. between Spencer Highway and Fairmont Parkway. We understand that on prior occasions certain members of the community have voiced concern that the designation of Bay Area Blvd. as a Truck Route would ultimately lead to the extension of the Truck Route north of Spencer Highway. In an effort to mitigate these concerns, the enclosed Site Plan includes a truck traffic circulation concept that does not require the extension of the Truck Route all the way to Spencer Highway on the east side of Bay Area Blvd. Specifically, the infrastructure would be designed such that trucks exiting the Property onto Bay Area Blvd. would be directed southbound, back toward Fairmont Parkway and not be permitted to travel north to Spencer Highway. We appreciate your consideration of this request and hope that our proposed solution regarding the denial of truck access to Spencer Highway from Bay Area Blvd. will help facilitate the modification of the City's Truck Routes in accordance with this letter. On behalf of PPG, we respectfully request that this matter be placed on the agenda for consideration at the next City Council meeting. November 11, 2015 Page 2 EXHIBIT A Please do not hesitate to contact me with any questions regarding this letter. Very truly yours, Anthony L. Marre ALM/dms GAC1ients\8834\002\Tietjens Ltr re LaPorte Truck Routes (11.11.2015).docx Enclosed: Preliminary Site Plan Documents cc: Mr. Eric Ensey, City Planner City of La Porte, Texas Mr. Corby Alexander, City Manager City of La Porte, Texas Mr. Thomas Butera Buchanan Ingersoll & Rooney PC Ms. Joann Ladesic PPG Industries, Inc. Mr. Doug Nicholson Newmark Grubb Knight Frank Mr. Reid Wilson [Firm] EWA Nis No ON No .ak ■�99E.�. mm 1119. on Kilt' .. .A IAA \\� io■■■ ' INNER M ma ioMPH 17 �\� ® • ONE r,I■■■■ lossMMON 4 CALLED 5.00 ACRES iCOUNTY OF HARRIS, TEXAS TO 10-31-1976 MM AREA MAP EXHIBIT B ZONING & LAND USE EXHIBWHIBIT C is wo IS LLJ 7NCERAHWYAK-10 W--z��SPENGERIN ziLu Oo��■�n ',•�-w.l �a� OAKWOOD DR ■ J_ , wor TO scarf (n N RUCN SPRUCE DRY W 8 ST W B Ex HORNWOOD DR ? W'C SIT., W C GRAYw00D CT SITE LOCATION WODOGWOODCT �W'D'ST ZONING PINEWOOD CT ROSEWOOC�T -W R-1 O ��� 0 LLINGSWOOD N� � R-2 � � ■ ■y.WF H DR BIRCH J � R-3 .<. w■1 MESQUITE DP. ` WG GC 1 r N DRY ky C 5 BI PRIN WIVCQ1) Lo O u, 0 EWOOD DR 3 Li ,milk FAIRMONT PKWY "Q-jnffF.-A1RMeNfiPUM L I I I PU D W ZONING LAND USE C !P ddw 3inom m:)nmjL ivio :jo o N 3AOd VI J0 AiIO a EXHIBIT C City of La Porte, Texas Planning and Zoning Commission November 19, 2015 AGENDA ITEMS 5-7 Consider recommendation on Special Conditional Use Permit (#15-91000007), a request to allow for construction of an entertainment, commercial and residential mixed use development on a 20 acre tract described as Tracts 1L, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas Applicant: Turfway FEC, LLC Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP Planning and Development Department Staff Report ISSUE Consider a recommendation to the City Council on a request by the applicant Turfway FEC, LLC for a Special Conditional Use Permit (SCUP) to allow construction of an entertainment, commercial and residential mixed use development on a 20 acre tract described as Tracts 1L, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. RECOMMENDATION Should the Commission desire to consider a recommendation for approval of this request, staff recommends considering various conditions, as described later in this staff report. DISCUSSION Property Owner: Bayforest Ranch LTD Developer/Applicant: Turfway FEC, LLC. Applicant's Request: The applicant is seeking approval of this SCUP to allow for construction of a mixed use town center development on the subject property. The applicant is under contract to acquire the entire 20 acre tract of land. The attached Exhibit A includes the SCUP Application, project description letter and conceptual site plan submitted by the applicant. The attached Exhibit B is the General Plan for the tract of land that indicates the approximate scale of development and proposed use of the property. BackF-round Information: The subject site is approximately 20 acres in area and is located on the east side of State Highway 146 north of Wharton Weems. The attached Exhibit C is an Area Map showing the location of the subject property. The legal description of the property is Tracts 1L, Johnson Hunter Survey, Abstract 35,La Porte, Harris County, Texas. Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP The attached Exhibit D identifies this parcel on the city's Future Land Use Plan, as adopted in the Comprehensive Plan, as existing and proposed. Currently the site is identified as "Low Density Residential" uses. The site is zoned PUD, Planned Unit Development, and is vacant. The attached Exhibit E shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and land uses: Zoning land Use North PUD, Planned Unit Development Vacant, undeveloped (identified in the Future Land Use Plan as "Low Density Residential") South PUD, Planned Unit Development Vacant, undeveloped (identified in the Future Land Use Plan as "Low Density Residential") West PUD, Planned Unit Development State Highway 146 right-of-way, with undeveloped Port Crossing Industrial Business Park on the west side of the ROW East PUD, Planned Unit Development La Porte Municipal Golf Course Notification Requirements: The public hearing notification requirements outlined in Section 106-171 were performed in accordance with all applicable code provisions, including the following: notice in a newspaper of general circulation at least 15 days prior to the hearing; written notice mailed to owners of real property within 200 feet of the site within 10 days of the hearing; sign posted on the site within 15 days of the hearing. Additional notice of the public hearing was posted at City Hall and on the City's website in compliance with state law. Analysis: There are a number of different considerations staff evaluated during the review of this application. The following describes staff's analysis of those considerations: Land Use. The proposed development includes a mix of land uses. Those uses are laid out in the La Porte Town Center General Plan presented as Agenda Item #4 on tonight's agenda and included as part of Exhibit A of this memorandum. The following is a breakdown of land uses outlined by the applicant in the attached project description letter: • 50,000 square foot entertainment center • 20,000 square foot conference, theater and museum • 8 restaurants • 50,000 square feet of office space • 14 brownstone townhomes • 7 live -work units Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP • 114 room hotel • 2 acres of park and water features Staff is recommending a number of conditions associated with land use be required as part of the SCUP: 1. Land uses are permitted in accordance with the La Porte Town Center General Plan. Any modifications to such plan in the future will require consideration by the Planning and Zoning Commission. 2. Approval of this SCUP would allow for General Commercial uses in the commercial area, excluding a number of uses that are more intense than retail/service/office uses, including automotive related, general contractors, etc. 3. The townhouse development should be constructed in accordance with the provisions of Section 106-333 of the Code of Ordinances, which outlines general requirements for townhouse development. Any deviation from these requirements would require approval of a variance by the Board of Adjustment. These units would be subject to all applicable building code requirements for fire rating. 4. Live -work units are a concept intended to provide for businesses on the main floor and residential above. The live -work units are permitted subject to the setback requirements outlined for development in the Main Street Overlay District, which stipulates a 0' front setback, 20' rear setback, and 0' side setback. These units would be subject to all applicable building code requirements for fire rating. Any deviation from these requirements would be subject to approval of a variance by the Board of Adjustment. Adjacent Development. In 2007, the city approved a General Plan for the adjacent tracts of land north and south of the subject site called "Lakes at Fairmont Greens" (see the attached Exhibit F). The development included various phases of single family detached residential development. The phases developed to this point are the DR Horton Homes development at the southeast corner of Wharton Weems and Highway 146 and Bayshore Elementary School at the northeast corner of Mc Cabe and Highway 146. Although currently undeveloped, the adjacent properties to the north and south of the subject site have been identified for single family detached residential. This is also called out in the city's Future Land Use Plan approved in the Comprehensive Plan. Although this document can be amended and land uses can be changed, we should plan for what has been contemplated at this time for development of those parcels. As a result, the developer is proposing the installation of public roads along the perimeter of the development to provide access to both parcels as contemplated in the Lakes at Fairmont Greens General Plan. Additionally, staff is recommending that a condition be considered that requires the applicant to install an 8-foot high masonry fence with landscaping to provide a buffer between this development and any future residential Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP development that is contemplated as part of the adjacent Lakes at Fairmont Greens General Plan. If future modifications to the land use are approved by the city and are similar to those of this development, then such fence and landscaping will not be required. Site Plan. The applicant has submitted a conceptual site layout as part of their General Plan, however this is not a formal site plan submittal and staff has not reviewed the document for compliance with applicable requirements. At this time there has been no formal application for a site development plan as required in the city's Development Ordinance. A formal application for a site development plan is not required until after a SCUP is approved. Should City Council approve the proposed SCUP, the applicant will be required to submit application for a site development plan, in compliance with applicable code requirements, to the Planning and Zoning Commission for approval. The site plan will be required to comply with all requirements of Chapter 106, Zoning, unless a variance is approved by the Board of Adjustment. Design Guidelines. Article IX of Chapter 106 outlines the city's design guidelines for exterior building facades. Because the site is along Highway 146 which is the primary corridor through the city, it is categorized as a Tier 1 building that requires certain specific design and facade treatments. The development will be required to comply with such requirements. Hike and Bike Trail. The city's Comprehensive Plan describes a desire for a hike and bike trail system connection north and south from Little Cedar Bayou Park to Bayshore Elementary School. The subject development is a portion of that future trail system. As a condition of this SCUP, the developer shall construct that portion of the hike and bike trail on this property in accordance with city requirements in terms of location and construction specifications. Additionally the applicant shall, upon completion of trail construction, dedicate to the city a permanent public trail easement 20-foot on center for future maintenance of the trail. In order to provide connectivity between the hike and bike trail and the development, the applicant shall provide a trail spur to and through the site. Parking. The applicant will be required to provide parking in accordance with the city's parking requirements. The number of parking spaces required in relation to the amount of parking provided will be worked out at the time of site plan review. Staff does have some concern that the amount of parking might not be sufficient to accommodate all the proposed uses. However, until site development plans are submitted for review, staff cannot accurately verify whether the amount of parking is in compliance with 4 Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP applicable code requirements. This will be verified at the time the site plans are submitted. Staff is also concerned with the location of parking along Highway 146. Staff encourages parking be toward the center of the development, where possible, meaning that buildings should be moved closer to the public right-of-way. A condition has been included requesting the applicant to minimize the amount of parking stalls along the Highway 146 frontage or install landscaping and planter islands in such a manner as to break up the parking. Public Streets. The applicant has indicated a desire to subdivide parcels and sell off those out -parcels or pad sites to others for development. As a result, public streets are required for access to those parcels. The applicant will be required to replat the tract of land and as part of such replatting will be required to dedicate rights -of -way for any required public roads. Typically all public improvements are required to be installed and accepted by the city prior to the recordation of the final plat. Staff is recommending a condition that allows the applicant the opportunity to either 1.) install all public improvements prior to the recordation of the plat, or 2.) if phasing of public improvements is required, the applicant shall enter into a development agreement with the city to ensure that such improvements be installed. Said development agreement will further outline a time - frame for completion of such improvements along with a financial guarantee, approved by the city, for such improvements. Traffic Impacts. There is not enough information at this time to determine traffic impacts associated with the proposed development. As a result, staff is requesting consideration of a condition that would require submittal of a traffic impact analysis that will review the potential traffic generated from this facility and its impacts on the system. Any potential negative impacts directly associated with the development of the property would have to be mitigated and incorporated in the site development plan, on a proportionate level. Public Utilities. Public utility facilities and services are sufficient to handle the proposed development. Water and sanitary sewer lines are both available in the vicinity, with water in the Highway 146 right-of-way and sanitary sewer in an easement that runs through the parcel on the east side. The applicant is proposing a public street along the easement, which is acceptable. The applicant will be required to enter into a utility extension agreement with the city for any extension of public water and sewer lines associated with the development. Any utility extensions will be determined at the time of site development plan review and shall be constructed at the cost of the developer. 5 Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP Drainage. The development of this site will require on -site detention. Although staff has some concerns that the amount of detention indicated in the General Plan may not be sufficient for the proposed development, such drainage and detention will be reviewed as part of the site plan submittal. Sufficient detention will be required. Conclusion: Based on the analysis above, staff finds that if the Planning and Zoning Commission desires to recommend approval of the proposed Special Conditional Use Permit, then a number of conditions should be considered in the approval. Section 106-217 of the Zoning Ordinance outlines specific conditions for approval of SCUP applications. There are three different conditions that must be met in order to approve a SCUP. The following table identifies each of the three conditions and staff's finding on each: Condition: Staff Analysis: (1) That the specific use will be The proposed development has been designed in a manner to be compatible with and not compatible with and provide services to surrounding development injurious to the use and and conditions have been included in the proposed SCUP to ensure enjoyment of other property, compatibility with future development of the adjacent undeveloped nor significantly diminish or tracts of land immediately to the north and south of the proposed impair property values within development. The development of this site will enhance the property the immediate vicinity. values in the area and is a significant investment in the community. (2) That the conditions placed on As a condition of approval of the proposed SCUP, the applicant is such use as specified in each required to submit a site development plan in accordance with the district have been met by the requirements of the city's Development Ordinance. Additionally, the applicant. site development plan will need to comply with all other provisions of the city's Zoning Ordinance and will be reviewed during the site development review. (3) That the applicant has agreed The applicant will need to confirm on the record at the public hearing to meet any additional that they are agreeable to the conditions imposed by the SCUP. Staff conditions imposed, based on has provided a list of conditions as part of this report. However, the specific site constraints, and Commission and City Council may remove, alter, or impose additional necessary to protect the public conditions, should they approve the proposed SCUP. interest and welfare of the community. Should the Planning and Zoning Commission recommend approval of the requested SCUP application, staff recommends the following conditions be considered: 1. A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte's Development Ordinance and shall comply with all provisions of Chapter 106, "Zoning" of the City's Code of Ordinances and Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. All buildings shall meet or exceed the Design Standards outlined in Article IX, Chapter 106 of the Code of Ordinances. 3. Land uses permitted in accordance with the La Porte Town Center General Plan. Any modifications to the approved General Plan require approval by the Planning and Zoning Commission in accordance with the city's Development Ordinance. 4. Land uses permitted in the commercial area (all areas excluding residential land uses) shall be in accordance with the uses permitted in Chapter 106, Zoning, of the city's Code of Ordinances Use Chart under GC (General Commercial) at the effective date of this SCUP, excluding the following uses: a. Automobile repair and maintenance (811111-811198); b. Construction, Mining and Forestry Machinery and Equipment Rental and Leasing (532412); C. Office Machinery and Equipment Rental and Leasing (532420); d. Other Commercial and Industrial Machinery and Equipment Rental and Leasing (532490); e. Transit and Ground Passenger Transportation (485111-485999); f. Motor Vehicle Parts and Dealers (441110-441228); g. Furniture and Related Product Manufacturing (337110-337122); h. Construction of Buildings (236115-236118); i. Contractors (238110-238390). 5. The residential land uses identified in the General Plan as "Townhouse" shall be constructed in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances and applicable building code requirements and shall be limited to townhouse development only — not multifamily apartments or condominiums. Additionally, the "Live -Work" units are permitted and shall comply with applicable setbacks that would be requried for buildings in the Main Street Overlay District. 6. The perimeter boundaries of the property along the north, south and east property lines shall include the installation of an 8-foot high solid masonry fence intended to mitigate the impact of development on future residential development, as identified in the city's Future Land Use Plan. Additionally, shade trees shall be planted at 20' on center along the fence line. If land uses on the adjacent properties are modified in the future allowing for similar uses, then such fence and landscaping shall not be required. 7. The applicant shall install the segment of the city's Hike and Bike Trail through the development area as identified in the city's Comprehensive Plan. The construction of the trail shall be in accordance with all applicable requirements Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP and specifications required by the City Engineer. Additionally, following construction of the Hike and Bike Trail, the developer shall dedicate to the City of La Porte a permanent public trail easement 20' on center for the Hike and Bike Trail. 8. The developer shall provide internal connection between the city's Hike and Bike Trail to the development. 9. The developer shall work with staff at the time of site plan review to minimize the amount of parking stalls along the Highway 146 frontage. This should be accommodated by relocating buildings in a manner that places parking on the side of the building or internal to the development. If this is not possible, the developer may install planter islands at 1 per 10 spaces for both rows of parking along a drive aisle parallel to Highway 146. Additionally, hedges shall be planted at 3-foot on center in two rows of plantings. Such hedge row shall be installed with a variety of plant material to provide visual diversity of plant materials. 10. The developer will be required to replat the subject property in accordance with the requirements of the city's code requirements. 11. All public streets internal to the development site shall be constructed in accordance with the city's Public Improvement Criteria Manual and shall be dedicated to the city. Regardless of phasing of the development, any dedication of public improvements identified as part of the plat must be accepted by the city prior to the recordation of the Final Plat. Should the developer desire to construct such public streets at a later time, then a development agreement shall be required between the city and developer that provides a financial guarantee, as approved by the city, that will ensure that said public roads will be installed and a date for which those improvements must be made. 12. Parking on any public street shall only be permitted on one side of the street and shall be signed by the developer in accordance with applicable sign requirements. 13. Access to any public right-of-way is subject to the requirements of Section 106- 835, Figure 10-3 and will be reviewed at the time of Site Development Plan. TXDOT right-of-way access permits shall be presented prior to permit issuance for all driveways requested on Highway 146. Maximum driveway widths shall be provided in compliance with city code requirements. 14. The developer will be required to submit for approval by the City Engineer, a drainage report indicating how the proposed development will accommodate the requirements for storm water detention in accordance with the city's Public Improvement Criteria Manual, or if discharging in a TXDOT or Harris County system, approval by such authority. 15. Because Highway 146 has been identified as a significant corridor in the community, the developer shall work with the Planning and Zoning Commission at the time of site plan review on a landscape theme along the Highway 146 frontage. Such theme shall be above and beyond the requirements outlined in Section 106-800 of the city's Code of Ordinances. E*-] Planning and Zoning Commission Regular Meeting EXHIBIT C November 19, 2015 La Porte Town Center SCUP 16. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 17. A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the applicant, shall be required. If any mitigation is required by the study, the applicant will be responsible for their proportion of the impact. All contributions would be subject to reimbursement through the TIRZ, pursuant to approval by the TIRZ Board. 18. If extension of any public water or sanitary sewer line is required as part of this development, the applicant will be required to execute a utility extension agreement with the city and install such improvements at the cost of the developer. 19. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. [Any additional conditions requested by the Planning and Zoning Commission.] ATTACHMENTS Exhibit A: Draft SCUP Exhibit B: SCUP Application and Supplemental Information from the Applicant Exhibit C: Area Map Exhibit D: Land Use Map Exhibit E: Zoning Map Exhibit F: Lakes at Fairmont Green General Plan 0 EXHIBIT C This permit is issued to For Development of: Legal Description: Zoning: Use: Permit Conditions: City of La Porte Special Conditional Use Permit #15-91000007 Turfwav FEC, LLC Owner or Agent 907 S. Friendswood Drive Suite 303, Friendswood TX 77546 Address La Porte Town Center Mixed Use Development Development Name Vacant 20 acre parcel; located on State Highway 146 north of Wharton Weems Boulevard Address Tracts 1L, Abstract 35, Johnson Hunter Survey PUD, Planned Unit Development Entertainment Hotel and Conference Center Commercial and Medium - Density Residential This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte's Development Ordinance and shall comply with all 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. 2. All buildings shall meet or exceed the Design Standards outlined in Article IX, Chapter 106 of the Code of Ordinances. 3. Land uses permitted in accordance with the La Porte Town Center General Plan. Any modifications to the approved General Plan require approval by the Planning and Zoning Commission in accordance with the city's Development Ordinance. 4. Land uses permitted in the commercial area (all areas excluding residential land uses) shall be in accordance with the uses permitted in Chapter 106, Zoning, of the city's Code of Ordinances Use Chart under GC (General Commercial) at the effective date of this SCUP, excluding the following uses: a. Automobile repair and maintenance (811111-811198); b. Construction, Mining and Forestry Machinery and Equipment Rental and Leasing (532412); C. Office Machinery and Equipment Rental and Leasing (532420); d. Other Commercial and Industrial Machinery and Equipment Rental and Leasing (532490); e. Transit and Ground Passenger Transportation (485111-485999); EXHIBIT C f. Motor Vehicle Parts and Dealers (441110-441228); g. Furniture and Related Product Manufacturing (337110-337122); h. Construction of Buildings (236115-236118); i. Contractors (238110-238390). 5. The residential land uses identified in the General Plan as "Townhouse" shall be constructed in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances and applicable building code requirements and shall be limited to townhouse development only — not multifamily apartments or condominiums. Additionally, the "Live -Work" units are permitted and shall comply with applicable setbacks that would be requried for buildings in the Main Street Overlay District. 6. The perimeter boundaries of the property along the north, south and east property lines shall include the installation of an 8-foot high solid masonry fence intended to mitigate the impact of development on future residential development, as identified in the city's Future Land Use Plan. Additionally, shade trees shall be planted at 20' on center along the fence line. If land uses on the adjacent properties are modified in the future allowing for similar uses, then such fence and landscaping shall not be required. 7. The applicant shall install the segment of the city's Hike and Bike Trail through the development area as identified in the city's Comprehensive Plan. The construction of the trail shall be in accordance with all applicable requirements and specifications required by the City Engineer. Additionally, following construction of the Hike and Bike Trail, the developer shall dedicate to the City of La Porte a permanent public trail easement 20' on center for the Hike and Bike Trail. 8. The developer shall provide internal connection between the city's Hike and Bike Trail to the development. 9. The developer shall work with staff at the time of site plan review to minimize the amount of parking stalls along the Highway 146 frontage. This should be accommodated by relocating buildings in a manner that places parking on the side of the building or internal to the development. If this is not possible, the developer may install planter islands at 1 per 10 spaces for both rows of parking along a drive aisle parallel to Highway 146. Additionally, hedges shall be planted at 3-foot on center in two rows of plantings. Such hedge row shall be installed with a variety of plant material to provide visual diversity of plant materials. 10. The developer will be required to replat the subject property in accordance with the requirements of the city's code requirements. 11. All public streets internal to the development site shall be constructed in accordance with the city's Public Improvement Criteria Manual and shall be dedicated to the city. Regardless of phasing of the development, any dedication of public improvements identified as part of the plat must be accepted by the city prior to the recordation of the Final Plat. Should the developer desire to construct such public streets at a later time, then a development agreement shall be required between the city and developer that provides a financial guarantee, as approved by the city, that will ensure that said public roads will be installed and a date for which those improvements must be made. 12. Parking on any public street shall only be permitted on one side of the street and shall be signed by the developer in accordance with applicable sign requirements. 13. Access to any public right-of-way is subject to the requirements of Section 106-835, Figure 10- 3 and will be reviewed at the time of Site Development Plan. TXDOT right-of-way access permits shall be presented prior to permit issuance for all driveways requested on Highway 146. Maximum driveway widths shall be provided in compliance with city code requirements. 14. The developer will be required to submit for approval by the City Engineer, a drainage report indicating how the proposed development will accommodate the requirements for storm water detention in accordance with the city's Public Improvement Criteria Manual, or if discharging in a TXDOT or Harris County system, approval by such authority. EXHIBIT C 15. Because Highway 146 has been identified as a significant corridor in the community, the developer shall work with the Planning and Zoning Commission at the time of site plan review on a landscape theme along the Highway 146 frontage. Such theme shall be above and beyond the requirements outlined in Section 106-800 of the city's Code of Ordinances. 16. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 17. A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the applicant, shall be required. If any mitigation is required by the study, the applicant will be responsible for their proportion of the impact. All contributions would be subject to reimbursement through the TIRZ, pursuant to approval by the TIRZ Board. 18. If extension of any public water or sanitary sewer line is required as part of this development, the applicant will be required to execute a utility extension agreement with the city and install such improvements at the cost of the developer. 19. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. Failure to start construction of 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 LaPorte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La Porte 604 W. Fairmont Pkwy. La Porte, TX 77571 Planning & Development Department SPECIAL CONDITIONAL USE PERMIT APPLICATION Phone:291,470.5073 Fax: 281.470.5005 www.laportetx.gov 1. PROPERTY OWNER CONTACT INFORMATION• OWNER NAME: %� of .CiA PHONE 1: PHONE 2: _ %/� X-2I FAX #: _ -271S -D `2 "" ZY�6 11 E-MAIL: ft9L, he c7 .7-L , Co PI - MAILING ADDRESS: aA/ /7oc�S 'T4r�LX 2. BUSINESS INFORMATION: BUSINESS NAME: U. :-a")q V BUS INESSTYPE:���j� CONTACT NAME: /✓%�U/�� PHONE#: �' �� '* Ref E-MAIL: C , C, in 1 e 5 c� ti (�cJ C�1'� , n k FAX #: ,-,gg,/ MAILING ADDRESS: l0,2�• 3. PROPERTY DESCRIPTION: PARCEL NOW (13-digit HCAD Tax ID #): 8a- 0 PROPERTY ADDRESS (if existing): PROPERTY LEGAL DESCRIPTION f' ��/ /7Uh �E'r 4. SUPPORTIN DOCUMENTATION (Check Applicable): GENERAL PLAN Va'SITE PLAN ® PLAT REASON FOR REQUEST?: ✓�' %�/, �i O k"f c� i� c!5�U f /lei Lce% i L U OWNER or AUTHORIZED AGENT'S SIGNATU ' PRINTEDNAME: CORM U C' M 14LIL DATE: S. APPLICATION CHECKLIST & SUPPORTING DOCUMENTATION: COMPLETE ITEMS 1 THRU 4 OF APPLICATION ATTACH APPLICABLE PLAN(S) SUBMIT $300.00 NON-REFUNDAB LE APPLICATION FEE (STAFF USE OJVL Y1: DATE RECEIVED: RECEIVED BY: T PROJECT NUMBER: i SCHEDULED DATE FOR PLANNING & ZONING COMMISSION AGENDA: I An] EOMBFr I BAYFOREST RANCH,, LTD. November 3, 2015 City of La Porte Planning & Development Department 604 W. Fairmont Parkway LaPorte, Texas 77571 To Whom It May Concern: We would like to notify you that Bayforest Ranch, Ltd has entered into an earnest money contract with Garden District Shopping Village PH II, Ltd and gives the Buyer's principal, David Miles, the necessary approval to apply for Special Conditional Use Permit and General Plan. Very truly yours, W. Bf-K hn Managing Agent WBK/ad 6326 Katy Freeway, Suite One ■ Houston, Texas 77007 ■ (713) 871-0063 ■ Facsimile (713) 871-1916 Z] a 3 Porte It all ilIwa r W I IXAMIN La Porte Town Center La Porte Town Center is a Sports and Entertainment District proposed with a mix of uses including Family Multi -Event Venues, Hospitality, Conference, Theatre, Museums, Restaurants, Retail, Live -work units and Townhomes. This upscale, family friendly and social environment will be located off Hwy 146, (the future frontage as part of the Grand Parkway) on a 20 acre tract with high visibility and easy access for enhanced traffic circulation. The proposed pedestrian friendly town center is also located adjacent to the Bay Forest Golf Club and of a strategic location to downtown La Porte, Sylvan Beach, and Houston Yacht Club. To promote the "quality of life" for the citizens of La Porte, this unique offering will celebrate the heritage and culture of the area with Music, Golf, and Water amenities. As the anchor for the Town Center, a 50,000 square foot Entertainment Center will promote Branson -Type stage performances, a dance floor at night that duals as a roller rink during the day, boutique bowling, arcades, laser tag, pool tables, bumper cars, a Western clothing store and gift shops with coffee bar. A full service hotel with 114 rooms and a proposed 20,000 square foot conference, theatre, and museum will compliment and anchor the Center. Numerous restaurants will provide culinary experiences as a part of the 90,000 square foot retail cluster. A heritage park infills the Town Center with restaurant terraces that overlook this new social center for La Porte citizens and visitors alike. A professional 18-hole miniature golf, bumper boats and water feature entertainment venue rounds out the components with theme restaurants and retail that supports these interactions between people and place. Pedestrian friendly sidewalks and a hike and bike trail will facilitate the experience and involve the community with pocket parks and scenic green views. Seven live -work units are offered as a part of the lifestyle and fourteen townhomes are planned along the Bay Forest Golf Course for those seeking livability investments. La Porte Town Center has it all; sports, entertainment, hospitality, shopping and dining to enhance the quality of life for La Porte citizenry, visitors and the business community. With the introduction of green technology and infrastructure, a center of corporate business and leisure could further permeate the social and economic benefits of tomorrows vision of the area. Supporting a special conditional use permit will further expedite the entitlement process. LET'S DO THISI WQXMINii i n A Preliminary Report of the Projected Economic Impact of La Porte Town Center This report presents a preliminary economic analysis for the La Porte Town Center; a mixed -use sports and entertainment development in La Porte, Texas. DESCRIPTION OF THE 20 ACRE FACILITY The development includes the following concepts. • 50,000 square foot entertainment complex • 20,000 square foot conference, theatre, and museum • 8 restaurants • 50,000 square foot retail space • 5,000 square foot office space • 14 brownstone townhomes • 7 live/work spaces • 114 room hotel • 2 acre park and water features OPPORTUNITY • $49,287,000 Estimated Annual Taxable Sales • $57,360,212 Estimated increase Property Value • 840 Estimated Direct/ Indirect/ Induced/ Jobs • 289 Estimated Construction Jobs CHARACTERISTICS OF DEVELOPMENT • $2,613,000 Development Cost • $40,936,000 Building & Improvements • $9,042,000 Furniture Fixture Equipment • $2,300,000 Inventories • $54,891,000 TOTAL The Development Team An investment to the "quality of life" requires a concerted team of Public and Private Participation. The lead developer, David Miles, principal of Turfway FEC, LLC has teamed up with Crystal Creek Developers, Everest Design Group, a Friendswood based design -build company and with Worley Commercial, a tenant acquisition and management company in the Houston Area, to bring the concept to reality. Heritage Land Partners, a national consulting company, has also teamed up with the Developer to navigate the complex financial structures intrinsic with this type of Sports and Entertainment Venue. As part of the team assemblage, Southwest Museum Services of Houston has been engaged for the heritage and cultural vision. Manfred Jachmich leads the restaurant and culinary experience for founding of restaurants, such as Post Oak Grill, Ruggles, Chianti, and Cafe Mustache French Cuisine. IT Dimensions enhances the team with Sound and Vision Technological Experience coupled with Green Infrastructure Technology. As the ultimate anchor and draw, Mickey Gilley's Family Entertainment is committed to the citizenry of La Porte and fans alike to offer an experience unlike any other in the Greater Houston Area for Family and Friends. With the family participating in their father's dream, this opportunity comes around rarely and truly "place -makes" for a part of Texas and its Culture. Turfway FEC, LLC 907 Friendswood Dr. Ste 303 Friendswood, TX 77546 LA PORTE TOWN CENTER CONCEPT PLAN TOWNHOMES LIVE WORK UNITS FAMILY ENTERTAINMENT RETAIL -MIXED USE PROFESSIONAL OFFICES HOTEL -CONFERENCE STATE: HWY 146 GRAPHIC SCALE 200 0 100 200 ( IN FEET ) 1 inch = 200 ft. �� go) IL it I I) T w imwmai ®®me��s®;® k®mm® . Magee tots wee No ® - li®ffm® 10®m®r® C-1 a fm®®®m fo iB Es � IP®M�®� foesIB ®m®®m® • ® jBM®®® ®M®MI, EEMBrr 6 ,00z w z �D `z" ° L9 kn LL L� Z `' D it � LL O o w � D 0131311 El D ❑ Z kq . w J 13 U 110 o aC�p Q El ❑ s o O4 0. m °q ° . °� o o Z °. �, 2 P 9 w ¢ O d oc v O ° cc O TMO I N °[ U m X m a O X z O o o uj cc O oOc d0 LLJ it O n aQc d R 0 a s � � °� ° 0 cc 0 od L % oxroarvenxs z O z @)LL) Fdv ab }=a/L 0 ° dp O O O w � LL LU S1N3WHS3a33N u1 V OC z 1- ¢ w N F z � 00 W WHARTON WEEMS BLVD S ' [.m �9ems�NWALK WNHoMe 2 m z q§ - . -j ® .. \ 0 / CY ~� / � ? < :«« \w<�- \ § ` ........ vs" Ensey, Eric ,� ■ o *�11�1b���n� From: David Miles [dcmiles@heritagelp.com] Sent: Wednesday, November 11, 2015 11:07 AM To: Ensey, Eric; Cramer, Ryan Cc: Clydene Miles Subject: FW: Storm Detention Storage Volume Estimations Eric and Ryan Please attach to La Porte Town Center preface. Thank you so much. David STORM WATER RETENTION/DETENTION The estimated storm detention storage volume required: 435,600 cf Storm detention storage provided: Font Pond: 67,500 cf Rear Pond: 342,000 cf Storage Provided within Parking Lot/miniature golf course: 65,340 cf Total storm detention storage volume provided = 474,840 cf >435,600 cf required. PARKING REQUIREMENTS The estimated parking requirements are 976 Parking spaces provided Retail : 200 spaces Restaurant : 320 spaces Family entertainment Center : 220 spaces Hotel and Conference : 194 spaces Townhomes and Live/Work : 42 spaces Spaces Required: 976 spaces Spaces Provided: 979 spaces Approx. "on street parking" 103 spaces Total Space spaces provided: 1082 spaces * > 979 spaces required. LANSDSCAPE REQUIREMENTS The estimated landscape requirements will meet or exceed the 10% minimal requirement for each lot. With "green "commons area objectives the entire 20 Acre tract will yield upwards to 15%. Connectivity to the hike and bike trail and sidewalks with an assortment of Indigenous Trees. Native Plant Vegetation with appointed Higher Maintenance Gardens . Abundant Water Features and Patios and Plazas. Tree lined frontage along HWY 146 (TBD). suggestion Palm Trees. Total Landscape area: Approximately 15%. Provided . > 10% required. 1 14 w e __ #» /B T ° § X w j °2 ¥ | # e b -- 3` § ! U|! � z y\} & §� _ �f immin ^ ■ iE | ® ■ ~ ( , |1111111ju�. , | , | ■ , / � | | | |E-uLdiLL11.1in|)� , ■ � , Ll | ,. � q | c > > | w ` ! | | o| � °__= I ~ | ,, �• � � . | � y | )! k�( D I i/ /\k/ �( ; \~ k/}/ � c al 04 a■ r ZONING EXHIBIT E9W3VT E � ! § | k � GARDEN WALK mwNHOMES m SECTION , ¥ S! � +-..§.. m } .. _ .............. fT C