HomeMy WebLinkAbout08-15-19 Regular Meeting of the Planning and Zoning Commission
PLANNING AND ZONING COMMISSION MEETING AGENDA
Notice is hereby given of a Regular Meeting of the La Porte Planning and Zoning Commission to
be held on Thursday, August 15, 2019 at 6:00 p.m. at City Hall Council Chambers, 604 W.
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.CONSIDER APPROVAL OF THE MEETING MINUTES:
a.June 20, 2019, Meeting
4.PUBLIC HEARING: Open Public Hearing to receive input on an application for Zone Change
#19-92000003, a request by Jason W. Bailey, applicant; on behalf of Bayshore Baptist Church,
owner; for approval of a zone change from Low Density Residential (R-1) and High Density
Residential (R-3) to General Commercial (GC), on a 10 acre tract of land located at 11311
Spencer Hwy., and legally described as a portion of Tracts 71, 71A-1, & 71A-4, La Porte
Outlots.
a.Staff Presentation
b.Applicant Presentation
c.Public Comments (for, against, or question)
d.Question and Answer
5.ADJOURN PUBLIC HEARING
6.CONSIDERATION: Consider recommendation to City Council on Zone Change #19-92000003
7.FUTURE LAND USE MAP AMENDMENT: Consider a recommendation to 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 10 acre tract of land located
at 11311 Spencer Hwy., and legally described as a portion of Tracts 71, 71A-1, & 71A-4, La
Porte OutlotsPublic/Institutional
8.PUBLIC HEARING: Open Public Hearing to receive input on an application for Zone Change
#19-92000004, a request by Doak Brown of Brownstone Ventures, LLC, applicant; on behalf
of Jack Howard, Floyd Howard, and Larry Allen, owner; for approval of a zone change from
General Commercial (GC) to Planned Unit Development (PUD), on a 12.608 acre tract of land
located at the northwest corner of Fairmont Pkwy. and Canada Rd., and legally described as
Tracts 710A and 711, La Porte Outlots.
a.Staff Presentation
b.Applicant Presentation
c.Public Comments (for, against, or question)
d.Question and Answer
9.ADJOURN PUBLIC HEARING
10.CONSIDERATION: Consider recommendation to City Council on Zone Change #19-92000004
11.FUTURE LAND USE MAP AMENDMENT: Consider a recommendation to 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 12.608 acre tract of land
located at the northwest corner of Fairmont Pkwy. and Canada Rd., and legally described as
Tracts 710A and 711, La Porte OutlotsMid-High Density Residential
12.PUBLIC HEARING: Open Public Hearing to receive input on an application for Special
Conditional Use Permit (SCUP) #19-91000006, a request by Doak Brown of Brownstone
Ventures, LLC, applicant; on behalf of Jack Howard, Floyd Howard, and Larry Allen, owners;
to allow for a multi-family development to locate on a 12.608 acre tract of land located at the
northwest corner of Fairmont Pkwy. and Canada Rd. and legally described as Tracts 710A and
711, La Porte Outlots.
a.Staff Presentation
b.Applicant Presentation
c.Public Comments (for, against, or question)
d.Question and Answer
13.ADJOURN PUBLIC HEARING
14.CONSIDERATION: Consider recommendation to City Council on SCUP #19-91000006
15.PUBLIC HEARING: Open Public Hearing to receive input on an ordinance amending Chapter
e of Ordinances of the City of La Porte, to adopt procedures for
reconsideration of previously denied applications for property zoning classification
amendments.
a.Staff Presentation
b.Public Comments (for, against, or question)
c.Question and Answer
16.ADJOURN PUBLIC HEARING
17.CONSIDERATION: Consider recommendation to City Council on changes to Chapter 106
, to adopt procedures for reconsideration of previously
denied applications for property zoning classification amendments.
18.DISCUSSION:
a.Selection of Chapter 106 Subcommittee
19.ADMINISTRATIVE REPORTS:
a.Update on City Council Actions
20.COMMISSION COMMENTS on matters appearing on the agenda or inquiry of staff
regarding specific factual information or existing policy.
21.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 Lee Woodward, City
Secretary, at 281-470-5019.
CERTIFICATION
I certify that a copy of the Thursday, August 15, 2019, agenda of items to be considered by the
Planning and Zoning Commission was posted on the City Hall bulletin board on the ____ day of
____________________, 2019.
Title:
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Planning and Zoning Commission
Minutes of June 20, 2019
Commissioners Present: Chairman Hal Lawler, Nick Barrera, Karen Wheeler-Hall, Christina
Tschappat, Mark Follis, Lo Ann Martin, Richard Warren
Commissioners Absent: Commissioners Trey Kendrick and Jo Ann Pitzer
City Staff Present: Assistant City Attorney Clark Askins, Planning and Development
Director Teresa Evans, City Planner Ian Clowes, Planning Technician
Chase Stewart, City Engineer Lorenzo Wingate
1.CALL TO ORDER:
Chairman Lawler called the meeting to order at 6:01 p.m.
2.ROLL CALL OF MEMBERS:
Commissioners Trey Kendrick and Jo Ann Pitzer were absent for the meeting.
3.Consider Approval of Meeting Minutes:
a)May 16, 2019 Minutes
Motion by Commissioner Barrera to approve the proposed meeting minutes
Second by Commissioner Wheeler-Hall Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, and
Chairman Lawler
Nays: None Motion to approve passes, 7-0
4.Final Plat (6:58 pm): Consider approval of a Final Plat, #19-97000001, for Hawthorne at
La Porte; a commercial tract consisting of one lot on 20 acres located on the east side of
SH 146, north of Wharton Weems Blvd.
Motion by Commissioner Martin to approve the proposed Final Plat, Hawthorne at La
Porte
Second by Commissioner Follis Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, and
Chairman Lawler
Nays: None Motion to approve passes, 7-0
5.Public Hearing (6:58pm): Open public hearing to receive input on an application for
Special Conditional Use Permit (SCUP) #19-91000004, a request of Jeff Davis, applicant;
on behalf of Port of Houston Authority of Harris County, Texas, owner; to amend an
existing SCUP allowing for a Pre-Check Truck Gate on a tract of land legally described as
Reserve A, Block 1, Port of Houston Authority.
a)Staff Presentation: City Planner, Ian Clowes, presented the 6 amendments to the
original SCUP for the Port of Houston Pre-Check facility to allow for a full-scale
redevelopment of the site. The highlights are as follows:
Condition #3
queue on site, rather than on public right of
Condition #4 30% of property is landscaping/screening: The request is to
consider the wet/dry detention ponds as part of the required landscaping
coverage
Condition #5 Further utilization of wet/dry ponds and native grasses to
count towards landscaping requirements
Condition #8 Since the proposed redevelopment only has a small security
Staff has a recommendation of approval for the proposed SCUP changes
b)Applicant Presentation: The applicant was not present for the meeting.
c)Public Comments:
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Thomas Garza 623 S 6 St. Questions why restrictions are being prioritized/not
prioritized. Additionally urges commission members to vote their conscious
Chuck Rosa 812 S Virginia Stated that it
Council members, like the commenter before, comment on a planning and zoning
commission item
Mark Balboa -201 N Nugent Raised concerns with changes in lighting from the
site.
d)Question and Answer: Chairman Lawler has questions regarding about the
number of trees that are projected to be lost due to this redevelopment.
Motion by Commissioner Barrera to approve the proposed Special Conditional Use Permit
(SCUP) #19-91000004 as presented.
Second by Commissioner Wheeler-Hall Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, and
Chairman Lawler
Nays: None Motion to approve passes, 7-0
6.Public Hearing (7:26pm): Open public hearing to receive input on an application for
Special Conditional Use Permit (SCUP) #19-91000005, a request of Paul Grohman of
Gromax Development, applicant; on behalf of CSBP Land Investments, LP, owner; for an
amendment to a SCUP allowing for additional senior living units on a 9 acre tract of land
legally described as Reserve C, Block 1, Bay Area 28 Subdivision
a)Staff Presentation: City Planner, Ian Clowes, presented the SCUP amendment as
an increase in the number of rooms allotted for a senior care facility from 100
development, located on Bay Area Blvd. The increase in allowable units is the only
alteration to the previously approved SCUP that is requested by the applicant.
Staff has a recommendation of approval for this SCUP amendment.
b)Applicant Presentation: Paul Grohman 4201 W Broadway, Pearland TX
Approaches the commission stating that after further research into the property,
there is an opportunity to have a higher density of units on the site, without
negatively impacting the area.
c)Public Comments: N/A
d)Question and Answer: N/A
Motion by Commissioner Warren to approve the proposed Special Conditional Use
Permit (SCUP) #19-91000005
Second by Commissioner Follis Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, and
Chairman Lawler
Nays: None Motion to approve passes, 7-0
7.Public Hearing (7:44pm): Open public hearing to receive input on an application for Zone
Change #19-92000002, a request by Justin E. Bennet of Phelan-Bennett Development,
applicant; on behalf of Carrington F. Weems, owner; for approval of a zone change from
General Commercial (GC) to Planned Unit Development (PUD), on a 5.051 acre tract of
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land located at the northeast corner of S. 16 St. and the W. M St. right of way, and legally
described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision.
a)Staff Presentation: City Planner, Ian Clowes, presented a zone change
from General Commercial (GC) to Planned Unit Development (PUD),
request by Justin E. Bennet. An adjacent developer returned a letter of
objection to the zone change.
b)Applicant Presentation: Justin E. Bennet - 1403 Maryland St., Houston TX
Explained the proposed development and how this submittal is different
from the previous submittal to the Planning and Zoning Commission. A
reduction in the number of overhead doors is the main selling point to
quell truck traffic in the area. Additionally, there would be a limit of
100,000 square feet of structure, which would further hinder the type of
uses for the property.
c)Public Comments:
Chuck Rosa 812 S Virginia St. Offers support for the proposal because
of the nature of the area promoting truck traffic, regardless if this
development happens or not.
d)Question and Answer: Commissioners Follis and Martin mentioned that
the surrounding area and uses promote truck traffic, regardless if this use
was introduced to the area.
Motion by Commissioner Tschappat to deny the proposed Zone Change #19-92000002
Second by Commissioner Martin Motion to deny carried
Ayes: Commissioners Tschappat, Follis, and Martin
Nays: Commissioners Barrera, Wheeler-Hall, Warren, and Chairman Lawler
Motion to deny fails, 3-4
Motion by Commissioner Barrera to approve the proposed Zone Change #19-92000002
Second by Commissioner Warren Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Warren, and Chairman Lawler
Nays: Commissioners Tschappat, Follis, and Martin
Motion to approve passes, 4-3
8.Future Land Use Map Amendment (8:24pm): Consider a recommendation to the La Porte
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 5.051 acre tract of
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land located at the northeast corner of S. 16 St. and W. M St., and legally described as
Lots 1-32, Block 1144, and Lots 1-
a)Staff Presentation: City Planner, Ian Clowes, presented to the commission
a Future Land
b)Applicant Presentation: N/A
c)Public Comments: N/A
d)Question and Answer: N/A
Motion by Commissioner Warren for amendment of Future Land Use Map to La Porte
City Council
Second by Commissioner Barrera Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Warren, and Chairman Lawler
Nays: Commissioners Tschappat, Follis, and Martin
Motion to approve passes, 4-3
9.Public Hearing (8:26pm): Open public hearing to receive input on an application for a
Special Conditional Use Permit (SCUP) #19-91000003, a request by Justin E. Bennet of
Phelan-Bennett Development, applicant; on behalf of Carrington F. Weems, owner; to
allow for an industrial office/warehouse facility, to locate on a 5.051 acre tract of land
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located at the northeast corner of S. 16 St. and the W. M St. right of way, and legally
described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision.
a)Staff Presentation: City Planner, Ian Clowes, presented a SCUP request by
Justin E. Bennet to allow for development on a Planned Unit Development
(PUD) zoned property. The proposed development would be an industrial
building with a limited number of cargo bay doors (7 total). Conditions
include: All uses allowed in Business Industrial (BI) and Light Industrial (LI),
except for those uses that are required to be adjacent to a high frequency
truck route. Additionally, uses that encompass shipping/tank containers,
outside storage of raw materials, and stacking of containers would not be
permitted. Screening will be implemented on site. At this time, Tier 2
façade materials would be implemented on-site. -
and will have on-site detention as required by the code of ordinances.
There was 1 letter of opposition that was received by staff and it was the
same resident as the zone change opposition letter author.
b)Applicant Presentation: N/A
c)Public Comments: N/A
d)Question and Answer: Commissioner Barrera raised concerns on approval
of this SCUP request and its contingency on the closure of adjacent Right
of Way.
Motion by Commissioner Barrera to approve the proposed SCUP #19-91000003
Second by Commissioner Warren Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Warren, and Chairman Lawler
Nays: Commissioners Tschappat, Follis, and Martin
Motion to approve passes, 4-3
10.Resolution (Voted to be moved to the beginning of the meeting as item 4, (6:02pm)):
Discussion and possible action on a Planning and Zoning Commission recommendation to
the City Council to utilize two areas of undeveloped public right of way located on
portions of S. Lobit St. and Jefferson St., fronting Galveston Bay, for park/recreation
purposes.
Staff Presentation: City Planner, Ian Clowes, provided background on both undeveloped
portions of Right of Way (ROW) in question (S. Lobit St. & Jefferson St.) as well as the
projected cost to maintain each area if developed into a park/recreation area. City
Engineer, Lorenzo Wingate, addressed the commission with information about planned
roadway and cul-de-sac improvements to this section of Jefferson St. by the City of La
Porte.
Public Comments:
JB Williamson 820 W. Main St, Suite B - An attorney acting on behalf of
an adjacent property owner, spoke in opposition of turning the ROW into
park/recreation areas
Vicki Campisi 1902 Roscoe St. Spoke in opposition of turning the ROW
into park/recreation areas
Jack Mace 212 Jefferson St. Spoke in opposition of turning the ROW
into park/recreation areas
Patricia Stevens 740 S Lobit St. Spoke in opposition of turning the ROW
into park/recreation areas
Lawn Hill 740 S Lobit St. Spoke in opposition of turning the ROW into
park/recreation areas
Mike Vance 755 E Lobit St. Spoke in opposition of turning the ROW into
park/recreation areas
Michael Fisco 1918 Roscoe St. Spoke in opposition of turning the ROW
into park/recreation areas
Mark Vennable 201 N Nugent Spoke in opposition of turning the ROW
into park/recreation areas
Motion by Commissioner Follis to table recommendation to City Council for utilization of
two areas of undeveloped public right of way for park/recreation purposes
Second None Motion table fails due to lack of second
Motion by Commissioner Warren to deny the proposed recommendation to City Council
for utilization of two areas of undeveloped public right of way for park/recreation
purposes
Second by Commissioner Tschappat Motion to deny carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, and
Chairman Lawler
Nays: None Motion to deny passes, 7-0
11.Discussion:
a)A request by a developer to extend the high frequency truck route to a portion of
W. M St. and W. E St.
The commission was in favor of W. M St. being added to the high frequency
truck route, but not W. E St. The commission recommended staff look for
alternative solutions to the W. E St.
b)Changes to the city code of ordinances to allow items to be denied with prejudice
by either the Planning and Zoning Commission or City Council
Members of the commission were in favor of amending the city code of
ordinances to allow for items to be denied with prejudice.
12.Administrative Reports (9:04pm):
13.Commission Comments (9:06pm): No comments from the commission
14.Adjourn (9:06pm):
Motion by Commissioner Warren to adjourn
Second by Commissioner Barrera Motion to adjourn carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, and
Chairman Lawler
Nays: None Motion to adjourn passes, 7-0
Respectfully submitted,
Chase Stewart
Planning Technician
Passed and Approved on , 2019.
Hal Lawler
Chairman, Planning and Zoning Commission
Trey Kendrick
Secretary, Planning and Zoning Commission
Zone Change Request #19-92000003
A request by Jason W. Bailey, applicant; on behalf of Bayshore Baptist
Church, owner; for approval of a zone change from Low Density
Residential (R-1) and High Density Residential (R-3) to General
Commercial (GC), on a 10 acre tract of land located at 11311 Spencer
Hwy., and legally described as a portion of Tracts 71, 71A-1, & 71A-4, La
Porte Outlots.
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Planning and Zoning Commission Regular Meeting
August 15, 2019
Zone Change 19-92000003
Planning and Development Department
Staff Report
ISSUE
Should the Planning and Zoning Commission recommend approval of a change in zoning
from High Density Residential (R-3) and Low Density Residential (R-1) to the General
Commercial (GC) zoning district; on approximately 10 acres of land, legally described as
a portion of Tracts 71, 71A-1, & 71A-4, La Porte Outlots?
DISCUSSION
Location:
The subject site is located at the 11311 Spencer Hwy.
Background Information:
The property is currently a portion of the overall 20 acre tract of land owned by
Bayshore Baptist Church. The eastern half of the property is currently where the
existing church facilities are located. The western half is undeveloped. The western 10
acres is the area being requested for a zone change. The applicant would like to develop
a small office/warehouse complex on the undeveloped 10 acres. In order to allow this,
the site must be rezoned to General Commercial.
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 R-1, Low Density Residential Spencer Landing Subdivision
{ƚǒƷŷ GC, General Commercial Self-Storage Facility
ĻƭƷ PUD, Planned Unit Development Exxon Pipeline/Airport
9ğƭƷ R-1, Low Density Residential/R-3, Bayshore Baptist Church
High Density Residential
The site is currently identified as Public/Institutional in the Future Land Use Map (Exhibit
C).
amended to identify this site as Commercial.
1
Planning and Zoning Commission Regular Meeting
August 15, 2019
Zone Change #19-92000003
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; signs were posted in the area of the rezoning within 10 days of the
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
Land Use. Staff finds that allowing for a commercial use to be constructed on this
site would be consistent with other adjacent uses in the area.
Access. There is sufficient existing right-of-way access along Spencer Hwy.
Utilities. Water service is available on the south side of Spencer Hwy. in front of
the subject property. Sewer service is located on the north side of SpencerHwy.
and will need to be extended to the property a distance of roughly 1500feet.
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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. proposed use.
Impact on the value and practicality of Proposed zone change would be consistent with adjacent
the surrounding land uses. properties to the west and south.
Conformance of a zoning request with The proposed zone change will be in conformance with the
the land use plan. future land use plan once amended to reflect the change to a
light industrial use.
Character of the surrounding and The proposed zone change would be consistent with current
adjacent areas. zoning and uses along this section of Spencer Hwy.
Suitability of the property for the uses Development of the proposed site for commercial uses would
which would be permissible, be permissible. The size and shape of the proposed lot is
considering density, access and favorable for a development of this type.
circulation, and adequacy of public
facilities and services.
The extent to which the proposed use The proposed zone change will have minimal impact on the
designation would adversely affect the traffic along Spencer Hwy. Total impact cannot be
2
Planning and Zoning Commission Regular Meeting
August 15, 2019
Zone Change #19-92000003
capacity or safety of that portion of the determined until development and will be based on the
road. specific uses.
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, based on
pollution, water pollution, noise information known at this time.
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 other properties along
this portion of Spencer Hwy.
RECOMENDATION
Based on the above analysis, staff recommends the Planning and Zoning Commission
consider the proposed zone change from High Density Residential (R-3) and Low Density
Residential (R-1) to General Commercial (GC).
ATTACHMENTS
Exhibit A: Aerial Map
Exhibit B: Zoning Map
Exhibit C: Future Land Use (FLUP) Map
Exhibit D: Application
3
AERIAL MAP
JOSH
Zone Change
#19-92000003
11311 Spencer Hwy.
Legend
Subject Prcel
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
MAIN
survey and represents only the
approximate relative location of
property boundaries
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
ZONING MAP
JOSH
Zone Change
#19-92000003
11311 Spencer Hwy.
Legend
Subject Prcel
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
MAIN
survey and represents only the
approximate relative location of
property boundaries
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
LAND USE MAP
JOSH
Zone Change
#19-92000003
LDR
11311 Spencer Hwy.
PO
Legend
Subject Parcel
PI
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
MAIN
survey and represents only the
approximate relative location of
property boundaries
COM
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
City of La Porte, Texas
Planning and Zoning Commission
August 15, 2019
AGENDA ITEM 7
Future Land Use Map Amendment #19-92000003
A request by Jason W. Bailey, applicant; on behalf of Bayshore Baptist Church,
owner; for an amendment to the City of La Future Land Use Plan by
amending the land use designation for a 10 acre tract of land legally described
as a portion of Tracts 71, 71A-1, & 71A-4, La Porte Outlots-High
.
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Planning and Zoning Commission Regular Meeting
August 15, 2019
Future Land Use Plan Amendment
Planning and Development Department
Staff Report
ISSUE
Consider a recommendation of approval to the City Council for an amendment to the
Plan as demonstrated in the attached Exhibits A and B.
DISCUSSION
Staff is presenting for consideration in
conjunction with a zone change request on a 10 acre tract of land from R-3 to GC. The
site is currently undeveloped and is located at 11311 Spencer Hwy.
Mid-High Density
Residential
would need to be amended Commercial. 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 while Exhibit shows the proposed future land use plan.
Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for
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
bƚƩƷŷ Low Density Residential Spencer Landing Subdivision
{ƚǒƷŷ Commercial Self-Storage Facility
ĻƭƷ Parks and Open Space Undeveloped
9ğƭƷ Public Bayshore Baptist Church
1
Planning and Zoning Commission Regular Meeting
August 15, 2019
Future Land Use Plan Amendment
RECOMMENDATION
Should the Planning and Zoning Commission desire to recommend approval for zone
change 19-92000003, d Use Plan should be amended as
described in this item.
ATTACHMENTS
Exhibit A: Current Future Land Use Plan
Exhibit B: Proposed Future Land Use Plan
2
CURRENT
JOSH
LAND USE MAP
Zone Change
#19-92000003
MES
11311 Spencer Hwy.
QP
Legend
Subject Parcel
QJ
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
MAIN
survey and represents only the
approximate relative location of
property boundaries
DPN
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
PROPOSED
LAND USE MAP
JOSH
Zone Change
#19-92000003
MES
11311 Spencer Hwy.
QP
Legend
Subject Parcel
DPN
QJ
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
MAIN
survey and represents only the
approximate relative location of
property boundaries
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
Zone Change Request #19-92000004
A request by Doak Brown of Brownstone Ventures, LLC, applicant;
on behalf of Jack Howard, Floyd Howard, and Larry Allen, owner;
for approval of a zone change from General Commercial (GC) to
Planned Unit Development (PUD), on a 12.608 acre tract of land
located at the northwest corner of Fairmont Pkwy. and Canada Rd.,
and legally described as Tracts 710A and 711, La Porte Outlots.
LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Planning and Zoning Commission Regular Meeting
August 15, 2019
Zone Change 19-92000004
Planning and Development Department
Staff Report
ISSUE
Should the Planning and Zoning Commission recommend approval of a change in zoning
from General Commercial (GC) to the Planned Unit Development (PUD) zoning district;
on approximately 12.608 acre tract of land, legally described as Tracts 710A and 711, La
Porte Outlots?
DISCUSSION
Location:
The subject site is located at the northwest corner of Fairmont Pkwy. and Canada Rd.
Background Information:
The property is currently undeveloped. The applicant, along with the owner of the
property, would like to change the zoning to PUD with a Special Conditional Use Permit
(SCUP), to allow for the construction of a 294 unit multi-family development, on the
12.608 acre tract of land. The proposed development will consist of one main residential
structure along with an attached 2 story parking garage and additional surface parking
and garage structures.
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 MH, Manufactured Housing Pecan Park
{ƚǒƷŷ GC, General Commercial Stripes/Fairmont Pkwy.
ĻƭƷ R-1, Low Density Residential Drainage/Easements
9ğƭƷ GC, General Commercial Undeveloped
The site is currently identified as General Commercial in the Future Land Use Map. As a
amended to identify this site as Medium-High Density Residential.
1
Planning and Zoning Commission Regular Meeting
August 15, 2019
Zone Change 19-92000004
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; signs were posted in the area of the rezoning within 10 days of the
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. Staff finds that allowing for a multi-family development on the
proposed site would be consistent with development patterns in the area. The
proposed development is a better suited adjacent use for Pecan Park to the
north than a number of the General Commercial (GC) uses that could be
developed on the site.
2.Access. There is sufficient existing right-of-way access along both Fairmont and
Canada.
3.Utilities. Water service is available along both Fairmont and Canada. Sewer
service is available along Canada.
considered prior to making land use decisions. The following table breaks down each
item
Criterion: Staff Findings:
Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support the
permitted use. proposed use.
Impact on the value and practicality of Proposed development would be consistent with growth
the surrounding land uses. patterns in the area. The proposed development would act
as an ideal buffer for the adjacent city park to the north
compared with other permitted GC uses.
Conformance of a zoning request with The proposed zone change will be in conformance with the
the land use plan. future land use plan once amended to reflect the change to a
mid-high density residential use.
Character of the surrounding and The proposed zone change would be consistent with the
adjacent areas. development pattern along this section of Fairmont and
Canada.
Suitability of the property for the uses The proposed development is ideal for this property given its
which would be permissible, size and shape. Traditional commercial development would
considering density, access and
2
Planning and Zoning Commission Regular Meeting
August 15, 2019
Zone Change 19-92000004
circulation, and adequacy of public not be feasible given the current size, shape, and street
facilities and services. frontage.
The extent to which the proposed use The proposed zone change could have measurable impacts to
designation would adversely affect the adjacent rights of way. Staff recommends that a traffic
capacity or safety of that portion of the impact analysis be performed as a condition within the
road. proposed SCUP request.
The extent to which the proposed use The proposed zone change will not create additional
designation would create excessive air excessive air pollution or other negative environmental
pollution, water pollution, noise issues.
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 other properties of this
nature along Fairmont.
RECOMENDATION
Based on the above analysis, staff recommends the Planning and Zoning Commission
consider the proposed zone change from General Commercial (GC) to Planned Unit
Development (PUD).
ATTACHMENTS
Exhibit A: Aerial Map
Exhibit B: Zoning Map
Exhibit C: Future Land Use (FLUP) Map
Exhibit D: Application
3
AERIAL MAP
Zone Change
#19-92000004
NW Corner of
Canada & Fairmont
Legend
Subject Parcel
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
FAIRMONT
survey and represents only the
approximate relative location of
property boundaries
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
NI
S.2
ZONING MAP
S.4
Zone Change
#19-92000004
NW Corner of
Canada & Fairmont
Legend
Subject Parcel
S.3HD
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
FAIRMONT
survey and represents only the
approximate relative location of
property boundaries
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
NIES
QP
LAND USE MAP
MES
Zone Change
#19-92000004
NW Corner of
Canada & Fairmont
Legend
Subject Parcel
DPN
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
FAIRMONT
survey and represents only the
approximate relative location of
property boundaries
PVU
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
Application
PlanningandDevelopmentDepartment
PROJECTINFORMATION
AddresswhereSCUPisbeingrequested:
LegaldescriptionwhereSCUPisbeingrequested:
HCADParcelNumberwhereSCUPisbeingrequested:
ZoningDistrict:Lotarea:
ArequestforapprovalofaSpecialConditionalUsePermitisherebymadetotheCityofLaPorte.
DescriptionofRequest:
AttachedheretoisaProjectDescriptionLetterdescribingtheprojectandoutliningthereasonswhysuchSCUPshouldbeapproved.
PROPERTYOWNER(S)INFORMATION
Name:
Company(ifapplicable):
Address:
City:State:Zip:
Phone:Email:
AUTHORIZEDAGENT(Ifotherthanowner)
Name:
Company(ifapplicable):
Address:
City:State:Zip:
Phone:Email:
OWNER(S)&AGENTCERTIFICATION
Iherebydeposeandstateunderthepenaltiesofperjurythatallstatements,proposalsand/orplanssubmittedwith/orcontainedin
thisapplicationaretrueandcorrectandtheapplicationiscompletetothebestofmyknowledgeandbelief.
!ŭĻƓƷƭSignature:Date:
hǞƓĻƩΛƭΜSignature(s):Date:
STAFFUSEONLY:
DateApplicationReceived:
CaseNumber:
Hawthorne at Fairmont
Hawthorne at Fairmont
Hawthorne at Fairmont
Hawthorne at Fairmont
AERIAL MAPS
Future Land Use Map Amendment #19-92000004
A request by Doak Brown of Brownstone Ventures, LLC, applicant; on behalf of
Jack Howard, Floyd Howard, and Larry Allen, owner, for an amendment to the
by amending the land use designation for
a 12.608 acre tract of land legally described as Tracts 710A and 711, La Porte
-High Density Residential use.
LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Planning and Zoning Commission Regular Meeting
August 15, 2019
Future Land Use Plan Amendment
Planning and Development Department
Staff Report
ISSUE
Consider a recommendation of approval to the City Council for an amendment to the
Plan as demonstrated in the attached Exhibits A and B.
DISCUSSION
Staff is presenting for consideration in
conjunction with a zone change request on a 12.608 acre tract of land from GC to PUD.
The site is currently undeveloped and is located at the northwest corner of Fairmont
Pkwy. and Canada Rd.
Commercial
In order to accommodate the proposed development, the FLUP would need to be
amended Mid-High Density Residential. 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 while Exhibit shows the proposed future land use plan.
Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for
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
bƚƩƷŷ Parks and Open Space Pecan Park
{ƚǒƷŷ N/A, Outside City Limits Undeveloped
ĻƭƷ Parks and Open Space Drainage Channel/Utility Easements
9ğƭƷ Commercial Undeveloped
1
Planning and Zoning Commission Regular Meeting
August 15, 2019
Future Land Use Plan Amendment
RECOMMENDATION
Should the Planning and Zoning Commission desire to recommend approval for zone
change 19-92000004,
described in this item.
ATTACHMENTS
Exhibit A: Current Future Land Use Plan
Exhibit B: Proposed Future Land Use Plan
2
CURRENT
NIES
QP
LAND USE MAP
MES
Zone Change
#19-92000004
NW Corner of
Canada & Fairmont
Legend
Subject Parcel
DPN
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
FAIRMONT
survey and represents only the
approximate relative location of
property boundaries
PVU
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
QP
PROPOSED
LAND USE MAP
MES
Zone Change
#19-92000004
NW Corner of
Canada & Fairmont
Legend
Subject Parcel
NIES
DPN
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
FAIRMONT
property boundaries
1 inch = 214 feet
PVU
AUGUST 2019
PLANNING DEPARTMENT
Special Conditional Use Permit #19-91000006
A request by Doak Brown of Brownstone Ventures, LLC, applicant;
on behalf of Jack Howard, Floyd Howard, and Larry Allen, owners;
to allow for a multi-family development to locate on a 12.608 acre
tract of land located at the northwest corner of Fairmont Pkwy.
and Canada Rd. and legally described as Tracts 710A and 711, La
Porte Outlots
LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Planning and Zoning Commission Regular Meeting
August 15, 2019
SCUP 19-91000006
Planning and Development Department
Staff Report
ISSUE
Should the Planning and Zoning Commission recommend approval of a SCUP to allow
for a multi-family apartment complex to locate on a 12.608 acre tract of land legally
described as Tracts 710A and 711, La Porte Outlots?
DISCUSSION
Location:
The subject site is located at the northwest corner of Fairmont Pkwy. and Canada Rd.
Background Information:
The property is currently undeveloped and zoned General Commercial (GC). The
applicant is currently in the process of requesting a zone change to Planned Unit
Development (PUD). The applicant is interested in developing a multi-family apartment
complex that will consist of 1 singular residential structure which will include a club
house/fitness facility and dual pool areas. The total number of units will not exceed 294
allowing for a proposed density of 24.4 units per acre.
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 Undeveloped
{ƚǒƷŷ PUD, Planned Unit Development Undeveloped
ĻƭƷ PUD, Planned Unit Development Port Crossing
9ğƭƷ PUD, Planned Unit Development City Golf Course
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
Planning and Zoning Commission Regular Meeting
August 15, 2019
SCUP 19-91000006
rezoning area; 2 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
City Hall and
Analysis:
There are a number of different considerations staff evaluated during the review of this
Land Use. The proposed apartment complex is a good fit with the surrounding
land uses and will act as a buffer between the existing city park to the north and
the possible future commercial to the east.
Access. There is sufficient existing right-of-way access along both Fairmont Pkwy
and Canada Dr. The main access point will focus on Fairmont with
secondaryaccess off of Canada Rd. Both roads are of sufficient width.
Utilities. Sewer services are available along the eastern edge of Canada Rd.
Water service is available along both Fairmont Pkwy and Canada Rd. Any
extensions or tie-ins to city facilities will need to be constructed by the
developer.
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. proposed use.
Impact on the value and practicality of Proposed development would be consistent with
the surrounding land uses. development patterns in the area and would serve as a
transitional buffer between existing city park to the north and
possible future commercial to the east.
Conformance of a zoning request with The proposed SCUP will be in conformance with the future
the land use plan. land use plan, as amended as part of the proposed zone
change from GC to PUD.
Character of the surrounding and The proposed SCUP will enhance this section of Fairmont
adjacent areas. Pkwy. Additionally, the developer has gone to great lengths
to ensure they have a site that will have as little visual impact
on the adjacent city park.
Suitability of the property for the uses The site is an ideal location for a development of this nature.
which would be permissible, Access to the site is good and utilities are sufficient f. The
considering density, access and proposed project will require variances within the SCUP to
circulation, and adequacy of public allow for increased density, increased building height, and a
facilities and services. decrease in the required distance between multi-family
developments. These items will be addressed in the SCUP
document as conditions of approval.
Planning and Zoning Commission Regular Meeting
August 15, 2019
SCUP 19-91000006
The extent to which the proposed use Fairmont Pkwy has enough built in capacity to handle the
additional traffic from the proposed development. The
designation would adversely affect the
capacity or safety of that portion of the additional access point along Underwood will provide added
road. relief from cars existing and entering off of Fairmont Pkwy.
Staff recommend a traffic impact analysis be conducted
prior to any site plan approvals.
The extent to which the proposed use The proposed SCUP will not create any additional excessive
designation would create excessive air 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 SCUP
safety, and welfare of the City. diversified stock of housing options for citizens in all phases of
their life.
RECOMENDATION
Based on the above analysis, staff recommends the Planning and Zoning Commission
consider the proposed the proposed SCUP to allow for a multi-family apartment
complex in the PUD zoning district with the conditions as shown in the SCUP document
(Exhibit D).
ATTACHMENTS
Exhibit A: Aerial Map
Exhibit B: Zoning Map
Exhibit C: Future Land Use (FLUP) Map
Exhibit D: Proposed SCUP
Exhibit E: Application
Exhibit F: General Plan
AERIAL MAP
SCUP
#19-91000006
NW Corner of
Canada & Fairmont
Legend
Subject Parcel
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
FAIRMONT
survey and represents only the
approximate relative location of
property boundaries
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
NI
S.2
S.4
ZONING MAP
SCUP
#19-91000006
NW Corner of
Canada & Fairmont
Legend
Subject Parcel
S.3HD
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
FAIRMONT
survey and represents only the
approximate relative location of
property boundaries
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
NIES
QP
LAND USE MAP
MES
SCUP
#19-91000006
NW Corner of
Canada & Fairmont
Legend
Subject Parcel
DPN
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
FAIRMONT
survey and represents only the
approximate relative location of
property boundaries
PVU
1 inch = 214 feet
AUGUST 2019
PLANNING DEPARTMENT
City of La Porte
Special Conditional Use Permit #19-91000006
This permit is issued to: Doak Brown
Owner or Agent
N/A
Address
For Development of: Brownstone Apartments Hawthorne at La Porte
Development Name
NW corner of Fairmont and Canada
Address
Legal Description: A 12.608 acre tract of land legally described as Tracts 710A and 711, La Porte
Outlots, Harris County, La Porte, TX
Zoning: PUD, Planned Unit Development
Use: Multi-family
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 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
all other department reviews and applicable laws and ordinances of the
City of La Porte and the State of Texas.
2.Permitted use on site will be described as Multi-family.
3.The underlying zoning will be R-3. All Multi-family development requirements will need to be met.
4.Permitted density will not exceed 24 units/acre. This is in contrast to section 106-33 (a) of the City of
La Porte Zoning Ordinance.
5.Total number of dwelling units may not exceed 300 units on site.
6.Maximum building height for any on site structure may not exceed 60 feet.
7.The 1000 foot minimum distance requirement between separate multi-family developments shall be
applied as measured from building to building not property line to property line.
8.A Traffic Impact Analysis will be performed and submitted to the city for review prior to approval of the
required site plan.
9.All necessary documentation for building permit review must be submitted in conjunction with the
10.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this
Failure to start construction of the site 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
SpecialConditionalUsePermitApplication
PlanningandDevelopmentDepartment
PROJECTINFORMATION
AddresswhereSCUPisbeingrequested:
LegaldescriptionwhereSCUPisbeingrequested:
HCADParcelNumberwhereSCUPisbeingrequested:
ZoningDistrict:Lotarea:
ArequestforapprovalofaSpecialConditionalUsePermitisherebymadetotheCityofLaPorte.
DescriptionofRequest:
AttachedheretoisaProjectDescriptionLetterdescribingtheprojectandoutliningthereasonswhysuchSCUPshouldbeapproved.
PROPERTYOWNER(S)INFORMATION
Name:
Company(ifapplicable):
Address:
City:State:Zip:
Phone:Email:
AUTHORIZEDAGENT(Ifotherthanowner)
Name:
Company(ifapplicable):
Address:
City:State:Zip:
Phone:Email:
OWNER(S)&AGENTCERTIFICATION
Iherebydeposeandstateunderthepenaltiesofperjurythatallstatements,proposalsand/orplanssubmittedwith/orcontainedin
thisapplicationaretrueandcorrectandtheapplicationiscompletetothebestofmyknowledgeandbelief.
!ŭĻƓƷƭSignature:Date:
hǞƓĻƩΛƭΜSignature(s):Date:
STAFFUSEONLY:
DateApplicationReceived:
CaseNumber:
Hawthorne
at
Fairmont
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Hawthorne at Fairmont
Hawthorne at Fairmont
Hawthorne at Fairmont
Hawthorne at Fairmont
AERIAL MAPS
Since 2005, the Brownstone Companies have
contracted for more than $784 million dollars
worth of residential developments throughout
Texas and the Southeast, consisting of 67
developments surpassing 8,600 units.
Brownstone Construction, Ltd.
Brownstone Commercial, LLC
Brownstone Architects & Planners, Inc.
RESIDENTIALCOMMUNITIES
The following is a list of developments that Brownstone has been a part of since 2005. The below
list of developments are either completed, or under construction.
Completed
NameCityUnits
San Diego Creek AptsAlice, TX72
San Gabriel Senior VillageGeorgetown, TX100
Easterling VillageAlice, TX48
Thomas Ninke Senior VillageVictoria, TX80
Retama VillageMcAllen, TX128
Gulfbreeze Plaza IIPort Arthur, TX148
Bluebonnet Senior VillageAlamo, TX36
Retama Village Phase IIMcAllen, TX74
Sunset TerracePharr, TX100
Bluffs Landing Senior VillageRound Rock, TX144
Gulfbreeze Plaza IPort Arthur, TX86
Creekside VillasBuda, TX144
Villas at BeaumontMcAllen, TX36
Pearland Senior VillagePearland, TX126
Parkview TerracePharr, TX100
Heights at CorralKingsville, TX80
Belmont Senior VillageLeander, TX192
Citrus GardensBrownsville, TX148
Casa Ricardo Kingsville, TX60
Merrit LakesideSchertz, TX176
Shiloh CrossingLaredo, TX156
Braeburn VillageHouston, TX140
Gary Street VillageWinnsboro, LA35
AeolianVicksburg, MS60
Blooms Tallulah, LA30
The Reserve at Traditions Bryan, TX240
Merritt LegacyLeander, TX208
Carr Central Apartments (Village Oaks I & II)Vicksburg, MS72
Gulf Coast ArmsHouston, TX160
Elm Street VillageTallulah, LA34
River Bank VillageLaredo, TX152
CantonCanton, TX80
Austin VillageBastrop, LA30
La Esperanza del RioRio Grande City, TX60
Preston ApartmentsMagnolia, AR40
Cibolo CrossingLaredo, TX236
La Esperanza del AltonAlton, TX80
RESIDENTIALCOMMUNITIES
The following is a list of developments that Brownstone has been a part of since 2005. The below
list of developments are either completed, or under construction.
Completed Cont.
NameCityUnits
Sunset Terrace Senior VillagePharr, TX80
Madison OaksWinnsboro, TX60
Hawthorne at Traditions IIBryan, TX156
Hawthorne at PasadenaPasadena, TX294
Henderson VillageHenderson, TX80
Merritt Hill Country (major subcontractor)Dripping Springs, TX80
Casa VerdeLaredo, TX152
Legacy at Lake CharlesLake Charles, LA268
Taylor Senior VillageMission, TX112
Canton High Apartments I & IICanton, MS80
Liberty VillageEdinburg, TX124
Nash Senior VillageNash, TX100
Whitehouse Senior VillageWhitehouse, TX72
Ariza ApartmentsCollege Station, TX266
Lake Park TownhomesPearland, TX247
Merritt HeritageGeorgetown, TX244
Lumberton Senior VillageLumberton, TX56
Merritt MonumentOdessa, TX104
Under Construction
NameCityUnits
Reserve at PinewoodPort Arthur, TX190
Legacy SouthGonzales, LA212
Garden ValleyWaxahachie, TX213
Somerset LoftsHouston, TX120
Las PalomasMcAllen, TX122
Lancaster Senior VillageHouston, TX144
Blanco RiverwalkSan Marcos, TX252
Ariza Corpus ChristiCorpus Christi, TX286
Willow Creek ManorAlvin, TX128
Livingston VillageLivingston, TX80
Clift FarmsHuntsville, AL273
Hawthorne at Bay ForestLa Porte, TX294
City of La Porte, Texas
Planning and Zoning Commission
AUGUST 15, 2019
AGENDA ITEMS 15-17
Proposed Ordinance language for Chapter 106 regarding procedures for
reconsideration of previously denied applications for property zoning
classification amendments
LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Planning and Development Department
Staff Report
BACKGROUND
Staff was asked to look into possible amendments to Chapter 106 that would address applicants
for zone changes or Special Conditional Use Permit (SCUP) applications who had previously been
denied. Staff has seen a growing number of applicants who have been denied their request but
continue to reapply for the same request hoping for different results. Staff has been asked to
code of ordinances that could prevent this
pattern from continuing.
add language requiring that any applicant for either a zone change
or SCUP, that has been formally denied by City Council or withdrawn after the Planning and
Zoning Commission has submitted their recommendation, must wait at least 6 months before
being eligible for resubmittal of the same request.
Language will be added to Section 106-171 and Section 106-219 in order to address both Zone
Change and SCUP requests. Proposed language is below:
Sec. 106-171, Amendment Procedures
The city council may from time to time, on its own motion, the motion of the planning and
zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations,
restrictions, and boundaries herein established.
(1) tǒĬƌźĭ ŷĻğƩźƓŭ ĬĻŅƚƩĻ ƷŷĻ ĭźƷǤ ƦƌğƓƓźƓŭ ğƓķ ǩƚƓźƓŭ ĭƚƒƒźƭƭźƚƓ͵ Before taking any action
on any proposed amendment, supplement, change, or modification, the city council shall
submit the same to the city planning and zoning commission which shall make a
preliminary report and hold a public hearing thereon before submitting its final report to
the city council.
(2) bƚƷźĭĻ ƚŅ ƦǒĬƌźĭ ŷĻğƩźƓŭ ĬĻŅƚƩĻ ĭźƷǤ ƦƌğƓƓźƓŭ ğƓķ ǩƚƓźƓŭ ĭƚƒƒźƭƭźƚƓ͵
a.Written notice of all public hearings before the city planning and zoning
commission on proposed changes in classification shall be sent to owners of real
property lying within 200 feet of the property on which the change in
classification is proposed as well as the La Porte Independent School District,
such notice to be given not less than ten days before the date set for hearing, to
all owners who have rendered their said property for city taxes as the ownership
appears on the last approved city tax roll. Such notice may be served by
depositing the same, properly addressed and postage paid, in the city post
published once in a newspaper of general circulation in the city.
2
b. Requirements for public notice by sign posting:
1.Public notice for procedures requiring public notice by sign posting shall be
provided by the city at least 15 days before the public hearing.
2.The applicant shall place public notice sign on the property within 20 feet
of the abutting street.
3.The sign shall be clearly visible, readable, and not to create hazard to traffic
on the public right-of-way abutting the property.
4.Public notice sign shall include the date, time, place, and purpose of public
hearing.
5.The applicant must return the sign to the city within ten days after the
appeal period for the public hearing has ended.
6.The erection of this sign shall not require a permit from the city.
(3) tǒĬƌźĭğƷźƚƓ ƚŅ ƓƚƷźĭĻ͵ In the event a public hearing shall be held by the city planning and
zoning commission in regard to a change of this chapter not involving particular property
but involving a change in the chapter generally, notice of such hearing shall be given by
publication once in a newspaper of general circulation in the city stating the time and
place of such hearing, which time shall not be earlier than 15 days from the day of such
publication.
(4) {ǒĬƒźƭƭźƚƓ ƚŅ ŅźƓķźƓŭƭ ğƓķ ƩĻĭƚƒƒĻƓķğƷźƚƓƭ Ʒƚ ĭźƷǤ ĭƚǒƓĭźƌ͵ The city planning and zoning
commission shall forward its final report consisting of written findings of fact and
recommendations to city council within 30 days of the close of the public hearing held in
accordance with this section.
(5) tǒĬƌźĭ ŷĻğƩźƓŭ ĬĻŅƚƩĻ ĭźƷǤ ĭƚǒƓĭźƌ͵
a.Upon receipt of the written recommendations from the planning and zoning
commission, a public hearing shall be held by the city council before adopting
any proposed amendment, supplement, change, modification or repeal of the
regulations, restrictions, and boundaries herein established.
b.Notice of such hearing shall be given by publication once in a newspaper of
general circulation on the city stating the time and place of such hearing, which
time shall not be earlier than 15 days from the day of such publication.
(6) /ƚǒƓĭźƌ ğĭƷźƚƓƭ͵ The city council shall act upon such motion or petition within 30 days
from the date the final report of the city planning and zoning commission was submitted
to the city council.
(7) tƩƚƷĻƭƷƭ͵
a.In case of a protest against any such amendment, supplement, change, or
repeal of the regulations, restrictions, and boundaries herein established, a
written protest filed with the enforcement officer and signed by the owners of
20 percent or more of either:
1.The area of lots or land covered by the proposed change; or
2.The area of lots or land immediately adjoining the area covered by the
proposed change and extending 200 feet from that area.
2
Such amendment, supplement, change, modification, or repeal shall not
become effective except by the favorable vote of three-fourths of all the
members of the city council.
3. Streets and alleys shall be included when computing the area of land from
which a protest may be filed.
(8) ƚƷĻ Ʒƚ ƚǝĻƩƩǒƌĻ͵ The affirmative vote of at least three-fourths of the city council is
required to overrule a recommendation of the city planning and zoning commission that
a proposed change to this chapter or boundary be denied.
(9) wĻĭƚƓƭźķĻƩğƷźƚƓ͵ An application for an amendment to the zoning classification of
property that is denied by the city council, or which is withdrawn by an applicant after
the planning and zoning commission makes a report recommending denial of such
amendment, may not be resubmitted by the applicant for filing with the city within six
Sec. 106-219, Reconsideration
An application for an amendment to the zoning classification of property that is denied
by the city council, or which is withdrawn by an applicant after the planning and zoning
commission makes a report recommending denial of such amendment, may not be resubmitted
by the applicant for filing with the city within six (6) months of the date of filing of the first
REQUESTED ACTION
Staff recommends the Planning and Zoning Commission recommend approval of the
proposed amendments to Chapter 106.
2
Public hearing before the city planning and zoning commission.
Notice of public hearing before city planning and zoning commission.
Publication of notice.
Submission of findings and recommendations to city council.
Public hearing before city council.
Council actions.
Protests.
Vote to overrule.
Reconsideration.
LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Application #RequestLocationP&Z MeetingP&Z ActionCC MeetingCC Action
FLUP 19-92000002Com-LIS. 16th & M06.20.19APPROVE 4-308.26.19
ZC 19-92000002GC-PUDS. 16th & M06.20.19APPROVE 4-308.26.19
SCUP 19-91000002WarehouseS. 16th & M06.20.19APPROVE 4-308.26.19
SCUP 19-91000004Port of HouBarbours Cut06.20.19APPROVE 7-007.22.19APPROVE 7-1
SCUP 19-91000005Morgans Sr. LivBay Area Blvd.06.20.19APPROVE 7-007.22.19APPROVE 8-0