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
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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]
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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
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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
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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 )
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Ensey, Eric
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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.
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