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HomeMy WebLinkAbout01-19-17 Regular Meeting of the Planning and Zoning Commission City of La Porte Planning and Development Department Established 1892 City of La Porte Planning and Zoning Commission Agenda Notice is hereby given of a Regular Meeting of the La Porte Planning and Zoning Commission to be held on Thursday, January 19, 2017 at 6:00 p.m. at City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below: 1. Call to order. 2. Roll call of members. 3. Open a public hearing to receive input on an application for Zone Change #16-92000004, a request by Justin Bennett of DCT La Porte LLC to rezone the property known as an 8.3 acre parcel legally described as Tracts 30A and 31A, Strang Subdivision, City of La Porte, Harris County, Texas from Business Industrial (BI) to Light Industrial (LI). a. Staff Presentation b. Applicant Presentation c. Public Comments (for, against, or questions) d. Question and Answer 4. Close public hearing. 5. Consider recommendation to the City Council or other action on Zone Change #16-92000004. 6. Open a public hearing to receive input on an application for Zone Change #16-92000005, a request by Justin Bennett of DCT La Porte LLC to rezone the property known as a 12 acre parcel legally described as Tracts 17-1A and 18A, Strang Subdivision, City of La Porte, Harris County, Texas from Business Industrial (BI) to Light Industrial (LI). a. Staff Presentation b. Applicant Presentation c. Public Comments (for, against, or questions) d. Question and Answer 7. Close public hearing. 8. Consider recommendation to the City Council or other action on Zone Change #16-92000005. 9. Open a public hearing to receive input on an application for Zone Change #16-92000006, a request by Steve Hess of Exel Logistics Dist. Corp. to rezone the property known as a 13.2 acre parcel legally described as Tracts 30 and 31 and Tracts 17A and 18, Perry Strang Subdivision, City of La Porte, Harris County, Texas from Business Industrial (BI) to Light Industrial (LI). a. Staff Presentation b. Applicant Presentation c. Public Comments (for, against, or questions) d. Question and Answer 10. Close public hearing. 11. Consider recommendation to the City Council or other action on Zone Change #16-92000006. 12. Consider approval or other action regarding a request by David Miles, Western Spherical Developers, LLC for approval of the proposed La Porte Town Center General Plan for the 40 acre tract of land known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35 generally located on the east side of State Highway 146 north of Wharton Weems Boulevard. City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Planning and Zoning Commission Agenda Thursday, January 19, 2017 Page 2 13.Open a public hearing to receive input on an application for Special Conditional Use Permit #16- 91000004, a request by David Miles, Western Spherical Developers, LLC to allow for construction of an entertainment, commercial and residential mixed use development, known as La Porte Town Center, on a 40-acre tract of land known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35 generally located on the east side of State Highway 146 north of Wharton Weems Boulevard. a.Staff Presentation b.Applicant Presentation c.Public Comments (for, against, or questions) d.Question and Answer 14.Close public hearing. 15.Consider approval or other action on Special Conditional Use Permit request #16-91000004. 16.Administrative reports. 17.Commission comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 18.Adjourn. A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by the Council. In compliance with the Americans with Disabilities Act, The City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281-470-5019. CERTIFICATION I certify that a copy of the Thursday, January 19, 2017, agenda of items to be considered by the Planning and Zoning Commission was posted on the City Hall bulletin board on the ____ day of ____________________, 2017. Title: City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Consider approval of Zone Change Request #16-92000004, a rezoning of an 8.3 acre parcel legally described as Tracts 30A and 31A, Strang Subdivision, City of La Porte, Harris County, Texas, from Business Industrial (BI) to Light Industrial (LI). Applicant: Justin Bennett of DCT La Porte LLC LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission recommend approval to the City Council of the proposed rezoning of an 8.3 acre parcel legally described as Tracts 30A and 31A, Strang Subdivision, from Business Industrial (BI) to Light Industrial (LI)? RECOMMENDATION Staff recommends the Planning and Zoning Commission consider a recommendation for approval of the proposed zone change request. DISCUSSION Applicant: The applicant is Justin Bennett of DCT La Porte LLC, the owner of the 8.3 acre parcel legally described as Tracts 30A and 31A, Strang Subdivision. Location: The subject site is located on the north side of SH 225 east of Independence Pkwy. The site is currently developed as a warehousing and logistics center. Background Information: DCT La Porte is the owner of the parcel and operates a roughly 115,000 square foot warehouse facility on the site. This use is currently a legal non-conforming use in the BI zone. The applicant is seeking a zone change to LI in order to bring their current use into conformance. Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with 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 and in this case notice was sent to all property owners and residents within the rezoning area; 4 signs were posted in the area of the rezoning within 15 days of the hearing. In accordance with state law, notice of the public hearing was also posted at 1 Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change Analysis: There are a number of different considerations staff evaluated during the review of this 1.Land Use. The subject site is currently zoned Business Industrial (BI) and the it as Light Industrial use. The rezoning of the subject property to LI is in conformance with the land use plan. 2.Access. There is sufficient existing right-of-way access. 3.Utilities. The current facility has access to water and sewer facilities. considered prior to making land use decisions. The following table breaks down each Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support the permitted use. existing use. Impact on the value and practicality of No changes are proposed on site. the surrounding land uses. Conformance of a zoning request with The proposed zone change is in conformance with the land the land use plan. use plan. Character of the surrounding and The proposed rezoning would be consistent with the adjacent areas. development pattern along this section of SH 225. Suitability of the property for the uses No changes are proposed for the existing site. Furthermore, which would be permissible, the site is surrounded on three sides with heavy industrial considering density, access and uses within the Battleground Industrial District. Property circulation, and adequacy of public located to the south across SH 225 Is currently zoned LI. facilities and services. The extent to which the proposed use The proposed zone change will have no impact on the traffic designation would adversely affect the in the vicinity, as there is no proposed change in use. capacity or safety of that portion of the road. The extent to which the proposed use The proposed zone change will not create excessive air designation would create excessive air pollution or other negative environmental issues. pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the public health, The proposed zone change will be bringing an existing non- safety, and welfare of the City. conforming use into conformance. 2 Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change Conclusion: Based on the above analysis, staff recommends the Planning and Zoning Commission recommend approval of the proposed rezone from Business Industrial (BI) to Light Industrial (LI). ATTACHMENTS Exhibit A: Application Exhibit B: Zoning Area Map 3 ZONING EXHIBIT CLP FILE #16-92000004 PROP. REZONE BI FROM BI to LI STRANG RD LI E 13TH ST PORTER RD PUD E X ST LEGEND GC PUD Zoning BUSINESS INDUSTRIAL LIGHT INDUSTRIAL LLD PLANNED UNIT DEVELOPMENT GENERAL COMMERCIAL GC LARGE LOT DISTRICT 1 inch = 1,000 feet Consider approval of Zone Change Request #16-92000005, a rezoning of a 12 acre parcel legally described as Tracts 17-1A and 18A, Strang Subdivision, City of La Porte, Harris County, Texas, from Business Industrial (BI) to Light Industrial (LI). Applicant: Justin Bennett of DCT La Porte LLC LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission recommend approval to the City Council of the proposed rezoning of a 12 acre parcel legally described as Tracts 17-1A and 18A, Strang Subdivision, from Business Industrial (BI) to Light Industrial (LI)? RECOMMENDATION Staff recommends the Planning and Zoning Commission consider a recommendation for approval of the proposed zone change request. DISCUSSION Applicant: The applicant is Justin Bennett of DCT La Porte LLC, the owner of the 12 acre parcel legally described as Tracts 17-1A and 18A, Strang Subdivision. Location: The subject site is located on the north side of SH 225 east of Independence Pkwy. The site is currently developed as a warehousing and logistics center. Background Information: DCT La Porte is the owner of the parcel and operates a roughly 200,000 square foot warehouse facility on the site. This use is currently a legal non-conforming use in the BI zone. The applicant is seeking a zone change to LI in order to bring their current use into conformance. Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with 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 and in this case notice was sent to all property owners and residents within the rezoning area; 4 signs were posted in the area of the rezoning within 15 days of the hearing. In accordance with state law, notice of the public hearing was also posted at 1 Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change Analysis: There are a number of different considerations staff evaluated during the review of this 1.Land Use. The subject site is currently zoned Business Industrial (BI) and the it as Light Industrial use. The rezoning of the subject property to LI is in conformance with the land use plan. 2.Access. There is sufficient existing right-of-way access. 3.Utilities. The current facility has access to water and sewer facilities. considered prior to making land use decisions. The following table breaks down each Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support the permitted use. existing use. Impact on the value and practicality of No changes are proposed on site. the surrounding land uses. Conformance of a zoning request with The proposed zone change is in conformance with the land the land use plan. use plan. Character of the surrounding and The proposed rezoning would be consistent with the adjacent areas. development pattern along this section of SH 225. Suitability of the property for the uses No changes are proposed for the existing site. Furthermore, which would be permissible, the site is surrounded on three sides with heavy industrial considering density, access and uses within the Battleground Industrial District. Property circulation, and adequacy of public located to the south across SH 225 Is currently zoned LI. facilities and services. The extent to which the proposed use The proposed zone change will have no impact on the traffic designation would adversely affect the in the vicinity, as there is no proposed change in use. capacity or safety of that portion of the road. The extent to which the proposed use The proposed zone change will not create excessive air designation would create excessive air pollution or other negative environmental issues. pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the public health, The proposed zone change will be bringing an existing non- safety, and welfare of the City. conforming use into conformance. 2 Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change Conclusion: Based on the above analysis, staff recommends the Planning and Zoning Commission recommend approval of the proposed rezone from Business Industrial (BI) to Light Industrial (LI). ATTACHMENTS Exhibit A: Application Exhibit B: Zoning Area Map 3 ZONING EXHIBIT CLP FILE #16-92000005 PROP. REZONE FROM BI to LI BI STRANG RD LI E 13TH ST PORTER RD PUD E X ST LEGEND GC PUD Zoning BUSINESS INDUSTRIAL LIGHT INDUSTRIAL LLD PLANNED UNIT DEVELOPMENT GENERAL COMMERCIAL GC LARGE LOT DISTRICT 1 inch = 1,000 feet Consider approval of Zone Change Request #16-92000006, a rezoning of a 13.2 acre parcel legally described as Tracts 30 and 31 and Tracts 17A and 18, Perry Strang Subdivision, City of La Porte, Harris County, Texas, from Business Industrial (BI) to Light Industrial (LI). Applicant: Steve Hess of Exel Logistics Dist. Corp. LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission recommend approval to the City Council of the proposed rezoning of a 13.2 acre parcel legally described as Tracts 30 and 31 and Tracts 17A and 18, Perry Strang Subdivision, from Business Industrial (BI) to Light Industrial (LI)? RECOMMENDATION Staff recommends the Planning and Zoning Commission consider a recommendation for approval of the proposed zone change request. DISCUSSION Applicant: The applicant is Steve Hess of Exel Logistics Dist. Corp., the owner of the 13.2 acre parcel legally described as Tracts 30 and 31 and Tracts 17A and 18, Perry Strang Subdivision. Location: The subject site is located on the north side of SH 225 east of Independence Pkwy. The site is currently developed as a warehousing and logistics center. Background Information: Exel Logistics Dist. Corp. is the owner of the parcel and would like to construct a large warehouse/distribution facility on the site, similar to the ones adjacent to it on the north and south. Warehouse/Distribution use is currently not permitted in the BI zone. The applicant is seeking a zone change to LI in order to allow them to construct and operate a warehouse on this site. Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with 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 and in this case notice was sent to all property owners and residents within the rezoning area; 4 signs were posted in the area of the rezoning within 15 days of the 1 Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change hearing. In accordance with state law, notice of the public hearing was also posted at Analysis: There are a number of different considerations staff evaluated during the review of this 1. Land Use. The subject site is currently zoned Business Industrial (BI) and the Future Land Use Map identifies it as Light Industrial use. The rezoning of the subject property to LI is in conformance with the land use plan. 2. Access. There is sufficient existing right-of-way access. 3. Utilities. The applicant will need to extend city sewer services to the site. Water is already provided on site. considered prior to making land use decisions. The following table breaks down each Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support the permitted use. existing use. Impact on the value and practicality of Proposed development will be consistent with adjacent the surrounding land uses. properties. Conformance of a zoning request with The proposed zone change is in conformance with the land the land use plan. use plan. Character of the surrounding and The proposed rezoning would be consistent with the adjacent areas. development pattern along this section of SH 225. Suitability of the property for the uses The proposed development will be consistent with the which would be permissible, adjacent properties. Furthermore, the site is surrounded on considering density, access and three sides with heavy industrial uses within the Battleground circulation, and adequacy of public Industrial District. Property located to the south across SH facilities and services. 225 Is currently zoned LI. The extent to which the proposed use The proposed zone change will have minimal impact on the designation would adversely affect the traffic in the vicinity. capacity or safety of that portion of the road. The extent to which the proposed use The proposed zone change will not create excessive air designation would create excessive air pollution or other negative environmental issues. pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the public health, The proposed zone change will allow a vacant parcel to safety, and welfare of the City. develop in a manner consistent with adjacent properties. 2 Planning and Zoning Commission Regular Meeting January 19, 2017 DCT1 Zone Change Conclusion: Based on the above analysis, staff recommends the Planning and Zoning Commission recommend approval of the proposed rezone from Business Industrial (BI) to Light Industrial (LI). ATTACHMENTS Exhibit A: Application Exhibit B: Zoning Area Map 3 ZONING EXHIBIT CLP FILE #16-92000006 PROP. REZONE FROM BI to LI BI STRANG RD LI E 13TH ST PORTER RD PUD E X ST LEGEND GC PUD Zoning BUSINESS INDUSTRIAL LIGHT INDUSTRIAL LLD PLANNED UNIT DEVELOPMENT GENERAL COMMERCIAL GC LARGE LOT DISTRICT 1 inch = 1,000 feet City of La Porte, Texas Planning and Zoning Commission November 19, 2015 AGENDA ITEM 12 Consider approval or other action for the La Porte Town Center General Plan to allow for construction of an entertainment, commercial and residential mixed use development on a 40 acre tract described as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas Applicant: David Miles, Western Spherical Developers, LLC LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center General Plan Planning and Development Department Staff Report ISSUE Consider a recommendation to the City Council on a request by the applicant David Miles, Western Spherical Developers, LLC for the La Porte Town Center General Plan to allow construction of an entertainment, commercial and residential mixed use development on a 40 acre tract described as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. This item would become an exhibit to the Special Conditional Use Permit (Agenda Item #5), should it be approved by the Planning and Zoning Commission and City Council. RECOMMENDATION Staff recommends approval of the proposed General Plan for the La Porte Town Center development, subject to a condition that any substantial deviation require an amendment to the General Plan approved by the Planning and Zoning Commission. DISCUSSION Property Owner: Bayforest Ranch LTD/ Dr. Malladi S. Reddy (92 Fairmont Lake, Inc.) Developer/Applicant: David Miles, Western Spherical Developers, LLC. : The applicant is seeking approval of this General Plan to allow for construction of a mixed use town center development on the subject property. The applicant is under contract to acquire 2 separate 20 acre tracts of land. The attached Exhibit A includes the proposed General Plan/Land Use Plan along with a project description letter submitted by the applicant. The General Plan identifies the scale and scope of the proposed development along with all proposed land uses. Background Information: The subject site is approximately 40 acres in area and is located on the east side of State Highway 146 just north of Wharton Weems. The attached Exhibit B is an Area Map showing the location of the subject property. 1 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center General Plan The legal description of the property is Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35,La Porte, Harris County, Texas. The attached Exhibit C , as adopted in the Comprehensive Plan, as existing and proposed. Currently the site is The site is zoned PUD, Planned Unit Development, and is vacant. The attached Exhibit B shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and land uses: Zoning Land Use bƚƩƷŷ PUD, Planned Unit Development Vacant, undeveloped (identified in the Future Land {ƚǒƷŷ PUD, Planned Unit Development Vacant, undeveloped (identified in the Future Land Use Plan as ) ‘ĻƭƷ PUD, Planned Unit Development State Highway 146 right-of-way, with undeveloped Port Crossing Industrial Business Park on the west side of the ROW 9ğƭƷ PUD, Planned Unit Development La Porte Municipal Golf Course Analysis: General Plan review requires approval by the Planning and Zoning Commission; there is no review of the document by the City Council required. However, should the Commission approve the proposed General Plan, it would become an exhibit to the Special Conditional Use Permit (SCUP) application that is being reviewed as Agenda Item #6 and which recommendation will be forwarded to City Council for final approval. The General Plan is intended to provide for a conceptual layout of uses and is required for developments that exceed 10 acres in size. 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, which will be required to be presented to the Planning and Zoning Commission for approval. The site plan will be required to comply with all requirements of Chapter 106, Zoning, including but not limited to parking, detention, façade design, landscaping, etc. unless a variance is approved by the Board of Adjustment. The proposed development includes a mix of land uses on a 40 acre parcel of land. The uses proposed are laid out in the La Porte Town Center General Plan, included as Exhibit A. The following is a breakdown of land uses outlined by the applicant in the attached project description letter: 2 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center General Plan 62,000 square foot entertainment center 20,000 square foot conference, theater and museum 90,000 square foot retail cluster 50,000 square feet of office space 30,000 square foot Portrait of a Warrior Memorial Art Gallery 14 brownstone townhomes 12 live-work units 72 townhome units 14 brownstone units 114 room hotel 2 acres of park and water features As part of the SCUP, staff has included a number of conditions related to the proposed land uses, including limitation on certain uses within the development area. The intent of the development is to provide retail, restaurant and service uses along with some brownstone townhouse and live-work units. In 2007, the city approved a General Plan for the adjacent tracts of land north and south E). 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 the proposed development is not consistent with the current Future Land Use Plan (FLUP) as adopted in the Comprehensive Plan, staff has brought forward an amendment to the FLUP. The city may, from time to time, amend its FLUP. As part of the SCUP, a condition has been added to ensure compatibility with surrounding land uses by requiring the construction of an 8-foot high solid masonry fence with landscaping along the north and south perimeter boundary of the property. The proposed General Plan shows phasing of the development into three phases. The first phase includes development of the Family Entertainment Center, hotel, and commercial pad sites along Highway 146 along with associated detention. Phase II includes the remainder of the commercial along with a portion of the townhomes and the live-work units. And finally, the third phase is the rest of the public road and remaining townhomes. right-of-s the eastern portion of the site though an easement. The applicant will be required to extend public utility lines through the development to provide those utilities to all properties. As a result, the applicant 3 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center General Plan will be required to enter into a Utility Extension Agreement with the city for extension of any utility lines. The subject development is a portion of a future trail system running from Little Cedar Bayou Park to Bayshore Elementary. The developer will be responsible for construction of that portion of the hike and bike trail on this property in accordance with city requirements in terms of location and construction specifications. In order to provide connectivity between the hike and bike trail and the development, the applicant shall also provide a trail spur to and through the site. ATTACHMENTS Exhibit A: Proposed General Plan and Project Description Letter Exhibit B: Area Map/Zoning Map Exhibit C: Land Use Map 4 AREA MAP SCUP REQ. #16-91000004 W I ST LIR-1 HI Y W PK T ON M IR FA W GC W K ST W M ST R-2 R-3 LI LOCATION OF PROPERTY EXPORT DR PUD R-1 D V L B S M E E W N O T R A H W NC 1 inch = 1,000 feet LAND USE EXHIBIT C SCUP REQ. #16-91000004 W I ST COM Y KW T P ON IRM FA W OUT T W K S W K ST W M ST LITTLE CEDAR BAYOU DR LI K L A W N E D R A G LOCATION OF PROPERTY EXPORT DR BI HI LDR BA Y HA R BO R VD L B S M EE W ON T R A H W Legend NC LOW-DENSITY RESIDENTIAL PO MID-HIGH DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL COMMERCIAL SANDEL JUN IPER MHDR BUSINESS INDUSTRIAL PI LIGHT INDUSTRIAL CO RA L D R D MC CABE R E RD MC CAB HEAVY INDUSTRIAL PARKS AND OPEN SPACE PUBLIC / INSTITUTIONAL 1 inch = 1,000 feet City of La Porte, Texas Planning and Zoning Commission January 19, 2017 AGENDA ITEMS 13-15 Consider recommendation on Special Conditional Use Permit (#16-91000004), a request to allow for construction of an entertainment, commercial and residential mixed use development on a 40 acre tract described as Tracts 1 and 1L Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas Applicant: David Miles, Western Spherical Developers, LLC LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Planning and Zoning Commission Regular Meeting January 19, 2017 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 David Miles of Western Spherical developers, LLC for a Special Conditional Use Permit (SCUP) to allow construction of an entertainment, commercial and residential mixed use development on a 40 acre tract described as Tracts 1 and 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/Dr. Malladi S. Reddy (92 Fairmont Lake, Inc.) Developer/Applicant: David Miles, Western Spherical Developers, LLC. : 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 two 20 acre tracts of land. The proposed development will encompass the previously approved La Porte Town Center Phase I, which is about to expire, with an additional 20 acres, for a total of 40 acres. 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. Background Information: The subject site is approximately 40 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/Zoning Map showing the location of the subject property with the current and surrounding zoning. The site is currently zoned PUD, Planned Unit Development, and is vacant 1 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center SCUP The legal description of the property is Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The following table summarizes the surrounding zoning and land uses: Zoning Land Use bƚƩƷŷ PUD, Planned Unit Development Vacant, undeveloped (identified in the Future Land {ƚǒƷŷ PUD, Planned Unit Development Vacant, undeveloped (identified in the Future Land ‘ĻƭƷ PUD, Planned Unit Development State Highway 146 right-of-way, with undeveloped Port Crossing Industrial Business Park on the west side of the ROW 9ğƭƷ PUD, Planned Unit Development La Porte Municipal Golf Course The attached Exhibit D , as adopted in the Comprehensive Plan, as existing and proposed. Currently the site is . 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 p in compliance with state law. Analysis: There are a number of different considerations staff evaluated during the review of this 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 nd included as part of Exhibit B of this report. The following is a breakdown of land uses outlined by the applicant in the attached project description letter: 62,000 square foot entertainment center 20,000 square foot conference, theater and museum 90,000 square foot retail cluster 50,000 square feet of office space 30,000 square foot Portrait of a Warrior Memorial Art Gallery 2 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center SCUP 14 brownstone townhomes 12 live-work units 72 townhome units 14 brownstone units 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 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 E). 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. The previously approved La Porte Town Center only included the 20 acre parcel sandwiched between the northern and southern sections of the Lakes at Fairmont Green proposed development. This new proposal for La Porte Town Center now includes the northern 20 acre parcel of Lakes at Fairmont Green. The northern boundary of the new project now abuts the existing Bay Pointe Townhome community. 3 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center SCUP As a result, the applicant is proposing a fence along the northern boundary to create separation between the two communities. 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 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. façades. 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 façade treatments. The development will be required to comply with such requirements. Hike and Bike Trail. 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. 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 applicable code requirements. This will be verified at the time the site plans are submitted. 4 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center SCUP 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. Since the applicant is proposing to develop the project in phases, staff is recommending a condition that allows the applicant to 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. Drainage. 5 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center SCUP The development of this site will require on-site detention. All drainage and detention requirement 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 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 requ applicant. site development plan will need to comply with all other provisions of 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 ance and shall comply all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 6 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center SCUP 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 Commiss 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 t 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. or 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 - are permitted and shall comply with applicable setbacks that would be required 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 the adjacent properties are modified in the future allowing for similar uses, then such fence and landscaping shall not be required. 7. e 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 7 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center SCUP of La Bike Trail. 8. 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 11. All public streets internal to the development site shall be constructed in 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 Engineering Manager, a drainage report indicating how the proposed development will accommodate the requirements for storm water detention in accordance with 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- 16. All necessary documentation for building permit review must be submitted in 8 Planning and Zoning Commission Regular Meeting January 19, 2017 La Porte Town Center SCUP 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. No development permits shall be issued for any work within the 40 acre project prior to the applicant obtaining construction permits and commencing construction of the required drainage interconnect under Wharton Weems Blvd. This interconnect is meant to connect two existing detention basins and is vital to the entire projects overall drainage system. 20. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Ch \[Any additional conditions requested by the Planning and Zoning Commission.\] ATTACHMENTS Exhibit A: Draft SCUP Exhibit B: SCUP Application and Supplemental Information from the Applicant Exhibit C: Area Map/Zoning Map Exhibit D: Future Land Use Map Exhibit E: Lakes at Fairmont Green General Plan 9 City of La Porte Special Conditional Use Permit #1-9100000 This permit is issued to: Owner or Agent 907 S. Friendswood Drive, Suite 303; Friendswood, TX 77546 Address For Development of: La Porte Town Center Mixed Use Development Vacant0 acre parcel; located on StateHighway146 northof WeemsBoulevard Tracts 1L, Abstract 35, Johnson HunterSurvey Legal Description: 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. 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 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. 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 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 AREA MAP SCUP REQ. #16-91000004 W I ST LIR-1 HI Y W PK T ON M IR FA W GC W K ST W M ST R-2 R-3 LI LOCATION OF PROPERTY EXPORT DR PUD R-1 D V L B S M E E W N O T R A H W NC 1 inch = 1,000 feet LAND USE EXHIBIT SCUP REQ. #16-91000004 W I ST COM Y KW T P ON IRM FA W OUT T W K S W K ST W M ST LITTLE CEDAR BAYOU DR LI K L A W N E D R A G LOCATION OF PROPERTY EXPORT DR BI HI LDR BA Y HA R BO R VD L B S M EE W ON T R A H W Legend NC LOW-DENSITY RESIDENTIAL PO MID-HIGH DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL COMMERCIAL SANDEL JUN IPER MHDR BUSINESS INDUSTRIAL PI LIGHT INDUSTRIAL CO RA L D R D MC CABE R E RD MC CAB HEAVY INDUSTRIAL PARKS AND OPEN SPACE PUBLIC / INSTITUTIONAL 1 inch = 1,000 feet EXHIBIT