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HomeMy WebLinkAbout12-19-19 Regular Meeting of the Planning and Zoning CommissionHAL LAWLER Chairman DONNA O'CONNER Commissioner At Large A NICK BARRERA Commissioner At Large B TREY KENDRICK Commissioner District 1 RICHARD WARREN Commissioner District 2 Vice Chairman JO ANN PITZER Commissioner District 3 MARK FOLLIS Commissioner District 4 LOU ANN MARTIN Commissioner District 5 CHRISTINA TSCHAPPAT Commissioner District 6 LA PORTE PLANNING AND ZONING COMMISSION AGENDA THURSDAY, DECEMBER 19, 2019 REGULAR MEETING 6 P.M. CITY COUNCIL CHAMBERS LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5021) two working days prior to the meeting for appropriate arrangements. CALL TO ORDER 2. ROLL CALL OF MEMBERS 3. PUBLIC COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) 4. CONSIDER APPROVAL OF THE MEETING MINUTES: a. Approve the minutes of the meeting held on November 21, 2019. 5. FINAL PLAT: a. Consider approval of a Final Plat for the Morgan's Landing Section 6, a single family residential development consisting of 39 lots on 7.78 acres located off of Bay Area Blvd. b. Consider approval of a Final Plat for the Morgan's Landing Section 7, a single family residential development consisting of 70 lots on 16.44 acres located off of Bay Area Blvd. c. Consider approval of a Final Plat for the Morgan's Landing Section 8, a single family residential development consisting of 55 lots on 16.94 acres located off of Bay Area Blvd d. Consider approval of a Final Plat for Bay Landing Circle; a street dedication located within the Morgan's Landing Subdivision. 6. ZONE CHANGE #19-92000007: Open a public hearing on a request for approval of Zone Change Request #19-92000007 by Pablo Abel Garza, applicant and owner; for approval of a zone change from General Commercial (GC) to Low Density Residential (R-1), on a 0.23 acre tract of land located at 11813 Fieldcrest Dr., and legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision, Harris County, La Porte, TX. a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) d. Question and Answer 7. ADJOURN PUBLIC HEARING 8. CONSIDERATION: Consider approval or other action on Zone Change Request #19-92000007 9. FUTURE LAND USE MAP AMENDMENT: Consider a recommendation to the LaPorte City Council on a proposed amendment to the Future Land Use Map component of the La Porte Comprehensive Plan by amending the land use designation for a 0.23 acre tract of land located at 11813 Fieldcrest Dr., and legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision, from "Commercial" to `Low Density Residential'. 10. ZONE CHANGE #19-92000008: Open a public hearing on a request for approval of Zone Change Request #19-92000008 by Monica Rogers, applicant; on behalf of MLMR Properties, LLC, owner; for approval of a zone change from Low Density Residential (R-1) to Neighborhood Commercial (NC), on a 0.39 acre tract of land legally described as a portion of Restricted Reserve "A", Block 1, Willmont Commercial Park Subdivision Amending Plat, Harris County, La Porte, TX. a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) d. Question and Answer 11. ADJOURN PUBLIC HEARING 12. CONSIDERATION: Consider approval or other action on Zone Change Request #19-92000008 13. ZONE CHANGE #19-92000009: Open a public hearing on a request for approval of Zone Change Request #19-92000009 by Tammy Jo Millstid, applicant; on behalf of CM Millstid Properties, LLC, owner; for approval of a zone change from Planned Unit Development (PUD) to Business Industrial (BI), on a 3.38 acre tract of land located at 11007 Fairmont Pkwy. and legally described as Tract 1 H, Abstract 625 R, Pearsall Survey, Harris County, La Porte, TX. a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) d. Question and Answer 14. ADJOURN PUBLIC HEARING 15. CONSIDERATION: Consider approval or other action on Zone Change Request #19-92000009 16. FUTURE LAND USE MAP AMENDMENT: 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 3.38 acre tract of land located at 11007 Fairmont Pkwy., and legally described as Tract 1 H, Abstract 625 R, Pearsall Survey, from "Mid -High Density Residential" to "Business Industrial". 17. ZONE CHANGE #19-92000010: Open a public hearing on a request for approval of Zone Change Request #19-92000010 by Ryan Sweezy, applicant; on behalf of Texas Cargoways, LLC, owner; for approval of a zone change from Mid Density Residential (R-2) to Planned Unit Development (PUD), on a 6.921 acre tract of land located at the 3400 Block of Canada Rd., and legally described as Reserve A, Block 1, Dawson Subdivision, Harris County, La Porte, TX. a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) d. Question and Answer 18. ADJOURN PUBLIC HEARING 19. CONSIDERATION: Consider approval or other action on Zone Change Request #19-92000010 20. FUTURE LAND USE MAP AMENDMENT: 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 6.921 acre tract of land located at the 3400 Block of Canada Rd., and legally described as Reserve A, Block 1 Dawson Subdivision, from "Mid -High Density Residential" to "Commercial". 21. SCUP REQUEST #19-91000009: Open a public hearing on a request for approval of Special Conditional Use Permit (SCUP) #19-91000009 by Ryan Sweezy, applicant; on behalf of Texas Cargoways, LLC, owner; to allow for a boat and recreational vehicle (RV) storage facility, to locate on a 6.921 acre tract of land located at the 3400 Block of Canada Rd., and legally described as Reserve A, Block 1, Dawson Subdivision, Harris County, La Porte, TX. a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) d. Question and Answer 22. ADJOURN PUBLIC HEARING 23. CONSIDERATION: Consider approval or other action on SCUP Request #19-91000009 24. SCUP REQUEST #19-91000008: Open a public hearing on a request for approval of Special Conditional Use Permit (SCUP) #19-91000008 by Wells Holdings, Inc., applicant; on behalf of 92 Fairmont Lakes, Inc., owner; to allow for a mixed use development, to locate on a 56.7 acre tract of land located at the northeast corner of Wharton Weems Blvd. and SH 146, and legally described as Lots 1-33, Block 1267, La Porte Subdivision, Tract 1 M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey, Harris County, La Porte, TX. a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) d. Question and Answer 25. ADJOURN PUBLIC HEARING 26. CONSIDERATION: Consider approval or other action on SCUP Request #19-91000008 27. FUTURE LAND USE MAP AMENDMENT: 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 56.7 acre tract of land located at the northeast corner of Wharton Weems Blvd. and SH 146, and legally described Tract 1 M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey, from "Low Density Residential" and "Commercial" to "Mixed Use". 28. DISCUSSION: a. Update on Chapter 106 Subcommittee 29. ADMINISTRATIVE REPORTS 30. COMMISSION COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 31. 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 do hereby certify that a copy of the December 19, 2019, Planning and Zoning Commission agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. Title: DATE OF POSTING TIME OF POSTING TAKEN DOWN City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEM 4 Consider approval of the Meeting Minutes: a. November 21, 2019 Ian Clowes, City Planner Planning and Development Department City of La Porte, Texas Commissioners Present Commissioners Absent Planning and Zoning Commission Minutes of November 21, 2019 Chairman Hal Lawler, Nick Barrera, Donna O'Conner, Christina Tschappat, Richard Warren, Jo Ann Pitzer, Mark Follis, Trey Kendrick Commissioner Martin City Staff Present: Assistant City Attorney Clark Askins, Planning & Development Director Teresa Evans, City Planner Ian Clowes, Planning Technician Chase Stewart 1. CALL TO ORDER: Chairman Lawler called the meeting to order at 6:00 p.m. 2. ROLL CALL OF MEMBERS: Commissioner Martin was absent for this meeting 3. Consider Approval of Meeting Minutes: a) October 17, 2019 Minutes Motion by Commissioner Tschappat to approve the proposed meeting minutes. Second by Commissioner Warren Motion to approve carried Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick, and Chairman Lawler Nays: None Motion to approve passes, 8-0 4. Public Comment (6:00 pm): Chuck Rosa — 812 S Virginia St., La Porte TX — Voiced personal opinions of the Planning and Zoning Commission. 5. Major Development Site Plan: Consider approval of the major development site plan #19-83000001. Hawthorn at Bay Forest, a 20.0 acre multi -family development located at 1831 N. SH 146. a. Staff Presentation: Ian Clowes, City Planner, presented the major development site plan, #19-83000001, Hawthorne at Bay Forest. b. Question and Answer: Commissioners Follis and Barrera both had questions seeking clarification on certain items on the site plan. Motion by Commissioner Follis to approve major development site plan #19-83000001 Second by Commissioner Follis Motion to approve carried Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick, and Chairman Lawler Nays: None Motion to approve passes, 8-0 6. Preliminary Plat: a. Consider approval of a Preliminary Plat for the Morgan's Landing Section 9, a single family residential development consisting of 96 lots on 23.6 acres located off of Bay Area Blvd. b. Consider approval of a Preliminary Plat for the Morgan's Landing Section 10, a single family residential development consisting of 13 lots on 2.7 acres located off of Bay Area Blvd. c. Consider approval of a Preliminary Plat for the Morgan's Landing Section 11, a single family residential development consisting of 46 lots on 12.2 acres located off of Bay Area Blvd. d. Consider approval of a Preliminary Plat for the Morgan's Landing Section 12, a single family residential development consisting of 34 lots on 7.6 acres located off of Bay Area Blvd. e. Consider approval of a Preliminary Plat for the Morgan's Landing Section 13, a single family residential development consisting of 57 lots on 12.5 acres located off of Bay Area Blvd. f. Consider approval of a Preliminary Plat for the Morgan's Landing Section 14, a single family residential development consisting of 29 lots on 6.2 acres located off of Bay Area Blvd. g. Consider approval of a Preliminary Plat for the Morgan's Landing Section 15, a single family residential development consisting of 43 lots on 26.1 acres located off of Bay Area Blvd. a) Staff Presentation: Ian Clowes, City Planner, presented the 7 preliminary plats to the Planning and Zoning Commission. b) Question and Answer: Commissioner Barrera asked about how drainage for the site has been affected, if at all. Commissioner Kendrick asked for clarification about the Preliminary/Final plat process. Motion by Commissioner Kendrick to approve the proposed preliminary plats (all 7 were voted on with a single motion). Second by Commissioner Warren Motion to approve carried Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick, and Chairman Lawler Nays: None Motion to approve passes, 8-0 7. Replat: Open a public hearing on a request for approval of Residential Replat #19- 97000006 by Charles Anders of Bayway Homes Inc. for the proposed Bay Village Section 1, a replat of Lot 9, Block 3, Lots 1-12, Block 4, Lots 1-7 and a portion of Lot 8, Block 10, of Bay Oaks Subdivision, Harris County, La Porte, TX. a) Staff Presentation: Ian Clowes, City Planner, presented the replat, #19- 97000006, Bay Village Section 1. b) Applicant Presentation: Charles Anders presented the plat as the first step of a single-family development project in the City of La Porte and was available to field questions c) Public Comments: James Bacheller - 427 Bay Oaks — Voiced concerns about traffic impacts for the neighborhood if the subdivision was developed. d) Question and Answer: N/A Motion by Commissioner Warren to approve the Replat #19-97000006 Second by Commissioner O'Conner Motion to approve carried Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick, and Chairman Lawler Nays: None Motion to approve passes, 8-0 8. Chapter 106 (Zoning) Amendments: Open Public Hearing to receive input on an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte. a) Staff Presentation: Ian Clowes, City Planner, presented the proposed changes to Chapter 106 "Zoning" of the Code of Ordinances for the City of La Porte, as formulated by members of the Planning and Zoning Commission Subcommittee. b) Public Comments: Chuck Rosa — 812 S Virginia St. — Voiced opposition to the proposed changes to Chapter 106. Alan Ward — Real Estate Broker — Voiced opposition to the proposed changes to Chapter 106, specifically the amendments to landscaping requirements and hazardous material storage Randy Le Blanc- 241 S Carroll — Voiced opposition to hazardous material storage amendments and suggested designated storage areas/procedures within the City instead. Jeff Burkhalter — 305 Winchester Rd. — Asked for clarification regarding the landscaping amendments c) Question and Answer: Commissioner Kendrick voiced concern about what could be considered "too restrictive" of characteristics to determine what is classified as a truck stop. Commissioner Follis argues that the further restriction of the truck stop definition would prohibit any potential improvement of existing truck stops. Commissioner O'Connor asks for clarification of the proposed language change for a truck stop definition. Motion by Commissioner O'Connor to approve Chapter 106 "Zoning" amendments with the condition to remove the limitations on number of characteristics that are permitted in association with a "truck stop" use Second by Commissioner Tschappat Motion to approve carried Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick, and Chairman Lawler Nays: None Motion to approve passes, 8-0 9. Election of Officers: Section 5.6 Rules and Bylaws a. Vice Chairperson — Commissioner Warren was elected to the position by a vote of 8-0 b. Secretary — Commissioner Kendrick was elected to the position by a vote of 8-0 10. Discussion: • The Planning and Zoning Commission was notified of the failure of passage of a recent Zone Change and Future Land Use Plan amendment for the property at Canada Rd. and W. Fairmont Pkwy. The applicant is preparing to submit for a Planned Unit Development (PUD) Zone Change and Special Conditional Use Permit (SCUP) to allow for an RV and Boat Storage facility to be constructed • The Special Conditional Use Permit (SCUP) at the previous meeting for a duplex construction at Bayshore Dr. was overruled by City Council and approved. 11. Commission Comments: N/A 12. Adjourn: Motion by Commissioner Warren to adjourn the meeting. Second by Commissioner Follis Motion to adjourn carried Ayes: Commissioners Barrera, O'Conner, Tschappat, Warren, Pitzer, Follis, Kendrick, and Chairman Lawler Nays: None Motion to adjourn passes, 8-0 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 City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEM 5 (a-d) Consider approval of FinalPlats for the Morgan's Landing subdivision; three (3) sections and one (1) street dedication, part of a single family residential development consisting of 164 lots on 41.2 acres located on Bay Area Blvd. between Fairmont Pkwy and Spencer Hwy. Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas and g dw'Irtd Zoning � r; l"11111 , xl��ll l ar r,IJl,ll 1 /t�;�r Ill"t�:r 19 2019 ✓f�11�1dIlY I anding F'hn Ili II.f Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission approve the final plats for three (3) sections and one (1) street dedication of Morgan's Landing? RECOMMENDATION Staff recommends the Planning and Zoning Commission approve the Final Plats for Morgan's Landing DISCUSSION Applicant's Request: The applicant, Gretchen Hollas of CobbFendley, is requesting approval of final plats for three (3) sections and one (1) street dedication of the Morgan's Landing subdivision. The attached exhibits are the proposed final plats. The 41.2 acre site will consist of 164 low density single family residential lots ranging in size from 5,625 square feet to 7,800 square feet. Background Information: The site is currently zoned PUD, with an approved SCUP, and is vacant. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North GC, General Commercial Shell Credit Union, Spencer Mini Storage. South BI, Business Industrial Industrial Buildings West R-1, Low Density Residential Fairmont Park East Subdivision East PUD, Planned Unit Development Vacant Undeveloped Land Analysis: Residential requirements. Section 106-333(a) includes the various zoning requirements for residential development (see the attached Exhibit C). 1. Single family detached development requires a minimum lot area of 6,000 square feet. The proposed Morgan's Landing Preliminary Plat complies with the approved SCUP which permits lots with lot areas less than 6,000 square feet. and g dw'Irtd Zoning ���, �i"11111 , xl��l l 1 ar r,IJl�ll 1 �1r,rr Ill"t�:r 19 2019 ✓f�11�1dIlY I anding F'hn Ili II.f 2. The code requires a minimum 50 foot lot width. The proposed Morgan's Landing Preliminary Plat complies with the approved SCUP which permits lot widths with a minimum of 45 feet. 3. Yard setbacks are as follows: front-25 feet, sides-5 feet, rear-15 feet. Front setbacks have been called out on the preliminary plat document. All setbacks will be verified at the time building permits are issued for each house. 4. The maximum height allowed for a single family detached structure is 35 feet and will be verified with the issuance a of building permit for each house. 5. The minimum site area per unit for single family detached development is 9,100 square feet. The proposed Morgan's Landing subdivision is proposed at 21,847.5 square feet per unit. The maximum dwelling units per acre is 4.8 while the proposed subdivision is at 1.99 D.U./acre, which is less dense than the code allows. The proposed subdivision is in compliance with these code requirements. 6. The maximum lot coverage is 40% and will be verified at the time building permits are issued for each house. Staff finds that the proposed final plats are in compliance with the residential requirements set forth in Section 106-33(a) of the City's Code of Ordinances. Detention. The applicant has provided the required drainage for the subdivision. There will be two ponds, the first being an amenitized wet bottom lake in the center of the development, and the second being a dry detention basin at the southern edge of the property. The functionality of these dentition facilities have been detailed in a drainage report submitted to city staff and reviewed by the City Engineer. Park Land Dedication and Park Development Fees. Section 12.01-12.02 of the City's Land Development Ordinance (see the attached Exhibit) requires one acre of park land be dedicated for every 93 proposed dwelling units. In this case, the applicant is not proposing to dedicate any parkland to the city. The ordinance also allows for a cash payment in lieu of that dedication. The ordinance requires payment of $490 per dwelling unit to satisfy the cash payment in lieu of land dedication. This payment is due at the time of building permit for each individual dwelling unit. In addition to the cash payment in lieu of land dedication, the applicant is responsible for payment of a park development fee at the time of building permit. Section 12.02 of the Land Development Ordinance requires payment of a $318 fee per dwelling unit. As a result, at the time of building permit issuance for each lot the applicant will be responsible for payment of $490 + $318 = $808 to cover the cash payment in lieu of land dedication and park development fee. ATTACHMENTS • Morgan's Landing Final Plats 3 W CO wQ Z 91 U> = x. z O >w W < r �" x• z> ww— a ow i'o� a t"e5ve ov�deN 3t� 9b, 5.b5�5Z .y8Z y1� ii � N W Q Cpi oa3a� �ILzaz�w-� „a aw=m �� ao my x al < aw 3.t Q o a � o U > � v \ . 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V s—GN �wawww mw� =z xa ow em a9o�e E>o 08 00 w s ¢ draw x o = a oax�moa Y 'aE Fr ¢_o a p�wmm=w o" onE o UP ow."o w o� o xoowo �a a s ape o�N"w=„moo. <p oo.pmp °4 mow .=< w .. ww " p m _ off; ... _.. >�w _ m a 0 a 0 '.aoae��maax o�� mm m m w m ww�0. o�o"o 0 yzx ¢o: 0�00 �xwo a I iom opoo �". o �w .5 �8 e=m g i a y i s / I 06 0 I m / 0 rm ' om � r� ryaw S yQ W Z uw J O a> a m; W0 Q 0 O E Z za. 00 g 0U� m N0 a� 0 om e� ¢hoo U. - W 9�. oY� Y d �p Ps 4z 'z� xY City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEMS 6-8 Zone Change Request #19-92000007 A request by Pablo Abel Garza, applicant and owner; for approval of a zone change from General Commercial (GC) to Low Density Residential (R-1), on a 0.23 acre tract of land legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision. Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas an 111 g dw'Irtd zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 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 Low Density Residential (R-1) zoning district; on approximately 0.23 acre tract of land, legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision? DISCUSSION Location: The subject site is located at 11813 Fieldcrest Dr. Background Information: The property is currently undeveloped. The applicant would like to change the zoning of the property to R-1 to allow for the construction of a single family home on the site. 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 North GC, General Commercial Single Family Home South GC, General Commercial Single Family Home West R-1, Low Density Residential Single Family Home East GC, General Commercial Single Family Home The site is currently identified as General Commercial in the Future Land Use Map. As a result, in order to rezone the property, the city's Future Land Use Map should be amended to identify this site as Medium -High Density Residential. 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; 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 on the City's website. an 111 g dw'Irtd zonling ���, i"11111 , xl��ll 1 ar r,IJl�ll 1 �Ir,rr Ill"t�:r ritr)(,!s,l 19 2019 Analysis: There are a number of different considerations staff evaluated during the review of this application. The following describes staff's analysis of those considerations: 1. Land Use. Staff finds that low density residential is an ideal fit for the existing site. The current size and configuration would not lend itself to new commercial projects. 2. Access. There is sufficient existing right-of-way access from Fieldcrest Dr. 3. Utilities. Water and sewer services are available along Fieldcrest Dr. Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff's finding: Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support permitted use. the proposed use. Impact on the value and practicality Proposed development would be consistent with other of the surrounding land uses. properties in the immediate area. Conformance of a zoning request The proposed zone change will be in conformance with with the land use plan. the future land use plan once amended to reflect the change to low density residential. Character of the surrounding and The proposed zone change would be consistent with adjacent areas. current development patterns along Fieldcrest Dr. Suitability of the property for the uses The proposed use will be consistent with other low density which would be permissible, single family in the area. considering density, access and circulation, and adequacy of public facilities and services. The extent to which the proposed The proposed zone change will have minimal impact on use designation would adversely the traffic in the vicinity. The R-1 zone, in general, affect the capacity or safety of that generates less traffic then potential commercial projects portion of the road. permitted in the GC zone. The extent to which the proposed The proposed zone change will not create excessive air use designation would create pollution or other negative environmental issues. excessive air 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 other properties in the area. RECOMENDATION Based on the above analysis, staff recommends the Planning and Zoning Commission consider the proposed zone change from General Commercial (GC) to Low Density Residential (R-1) K anrdng and Zoning I'l)(,:, 1 19 2019 Zon(,,:, Chang(,,:, ;IU09 92000007 ATTACHMENTS Exhibit A-. Aerial Map Exhibit B-. Zoning Map Exhibit C-. Future Land Use (FLUP) Map Exhibit D-. Application .I, �Ixl I IIIII .I' l 1) zone Changelist Planning and Development Department Address where zone change is being requested: Legal description where zone change is being requested: HCAD Parcel Number where zone change is being requested: Lot area: Zoning District: A request for approval of a zone change is hereby made to the City of La Forte. i Description of Request: r� d Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. Name:—w- Company (if applicable) Address: r � III Name, Company (if applicable): MM 4 U"Z INFORMATION State: Zip: AUTHMIZED AGENT (If other than oWn,er) Address: State: Zip: City: Phone: Email: WER(S) & AGENT CERTIFICATION I hereby depose and state a pr the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are tru an (rrect anA the appOcatio is complete to the best of my knowledge and belief. Date: Agent's Signature: �? 55 S Date ! . Owner(s)' Signature(s)' s a STAFF USE ONLY. Number:Case f% 1, 115 Date Application Received: Zone Change Application, Planning and Development Department STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Manniing and Development Department. I hereby attest that said sign twill be posted on the following described property, which is subject to the application: ADDRESS: L) — (--J r d (" LEGAL DESCRIPTION: 0 2. In accordance with the provisions of Section 106-194 of the city Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less, than fifteen (15) days prior to the scheduled public hearing; starting at least on the following date: 3. Said sign shad be placed on the property within 20 feet of the abutting street. 4. Said sign shall remain legible and visible for the entire fifteen (15) day posting period. If sign is damaged or missing, I hereby attest that I will contact the City of La Porte replacement sign, Applicant's Signature Applicant's Printed Nome L Subwibed and sworn before me this Z Q day of by y 1) -TQ2 (A:) Z (Pint Applicant's Nome). Notary Public (Seal) My commission expires: City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEM 9 Future Land Use Map Amendment #19-92000007 A request for a proposed amendment to the Future Land Use Map component of the La Porte Comprehensive Plan by amending the land use designation for a 0.23 acre tract of land located at 11813 Fieldcrest Dr., and legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision, from "Commercial' to "Low Density Residential." Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas an 111 g dw'Irtd Zoning ���, �i"11111 , xl��l l 1 ar r,IJl,ll 1 �Jrrr Ill"t�:r 19 2019 IJ'I:Io11 dw?'nd, 1 ll1,fdf, "ll(;,l,f1. Planning and Development Department Staff Report ISSUE Consider a recommendation of approval to the City Council for an amendment to the city's Future Land Use Plan as demonstrated in the attached Exhibits A and B. DISCUSSION Staff is presenting for consideration an amendment to the city's Future Land Use Plan in conjunction with a zone change request on a 0.23 acre tract of land from GC to R-1. The site is currently undeveloped and is located at 11813 Fieldcrest Dr. The city's Future Land Use Plan (FLUP) identifies this property as "Commercial" land use. In order to accommodate the proposed development, the FLUP would need to be amended to allow for "Low Density Residential" use. 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 B shows the proposed future land use plan. Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for amending the city's Future Land Use Plan, which was adopted as a component of the Comprehensive Plan. The LGC requires review of the proposed amendment by the Planning and Zoning Commission and consideration by the City Council. A public hearing will be scheduled at the time of City Council review. The Future Land Use Plan identifies the following surrounding land uses (see the attached Exhibit A): Land Use Development North Commercial Single Family Home South Commercial Single Family Home West Low Density Residential Single Family Home East Commercial Single Family Home anrdng and Zoning 19, 2019 w, 1: w, I . . . . . . ..... �,nd 1 1, 1, f d "I I (;, 1, f 1: RECOMMENDATION Should the Planning and Zoning Commission desire to recommend approval for zone change #19-92000007, then the city's Future Land Use Plan should be amended as described in this item. ATTACHMENTS Exhibit A: Current Future Land Use Plan Exhibit 13: Proposed Future Land Use Plan K City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEMS 10-12 Zone Change Request #19-92000008 A request by Monica Rogers, applicant; on behalf of MLMR Properties, LLC, owner; for approval of a zone change from Low Density Residential (R-1) to Neighborhood Commercial (NC), on a 0.39 acre tract of land legally described as a portion of Restricted Reserve "A", Block 1, Willmont Commercial Park Subdivision Amending Plat. Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas an 111 g dw'Irtd zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission recommend approval of a change in zoning from Low Density Residential (R-1) to the Neighborhood Commercial (NC) zoning district; on approximately 0.39 acre tract of land, legally described as a portion of Restricted Reserve "A", Block 1, Willmont Commercial Park Subdivision Amending Plat? DISCUSSION Location: The subject site is located at 10105 Fairmont Pkwy. Background Information: The property is currently undeveloped. The applicant would like to change the zoning of the property to NC which would allow for a subdivision from the parent tract. The portion of land to be rezoned is in the process of being sold. The future owner intends to construct a "Farm Store" business on the site. In order to subdivide and develop the site for commercial purposes, the zone change is necessary. 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 North R-1, Low Density Residential Single Family Home South NC, Neighborhood Commercial Fairmont Pkwy. West R-1, Low Density Residential Single Family Home East NC, Neighborhood Commercial Bay -Porte Animal Hospital The site is currently identified as Neighborhood Commercial in the Future Land Use Map. As a result, the proposed zone change request is in conformance and does not necessitate an amendment to the Future Land Use Map at this time. 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; 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 on the City's website. an 111 g dw'Irtd Zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 Analysis: There are a number of different considerations staff evaluated during the review of this application. The following describes staff's analysis of those considerations: 1. Land Use. Staff finds that neighborhood commercial is an ideal fit for the existing site. The current size, configuration, and location would not lend itself to new residential projects. 2. Access. There is sufficient existing right-of-way access from Fairmont Pkwy. and Willmont Rd. 3. Utilities. Water and sewer services are available along Fairmont Pkwy. Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff's finding: Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support permitted use. the proposed use. Impact on the value and practicality Proposed development would be consistent with other of the surrounding land uses. commercial properties in the immediate area. Conformance of a zoning request The proposed zone change will be in conformance with with the land use plan. the current future land use plan. Character of the surrounding and The proposed zone change would be consistent with adjacent areas. current development patterns along Fairmont Pkwy. Suitability of the property for the uses The proposed use will be consistent with other which would be permissible, neighborhood commercial developments in the area. considering density, access and circulation, and adequacy of public facilities and services. The extent to which the proposed The proposed zone change will have minimal impact on use designation would adversely the traffic in the vicinity. The proposed development will affect the capacity or safety of that utilize existing driveways on Willmont and Fairmont. No portion of the road. new driveways are proposed. The extent to which the proposed The proposed zone change will not create excessive air use designation would create pollution or other negative environmental issues. excessive air 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 other properties in the area. RECOMENDATION and g dw'Irtd Zoning ���, �i"11111 , xl��l l 1 ar r,IJl,ll 1 �Irrr Ill"t�:r rltl',(,!s,l 19 2019 Based on the above analysis, staff recommends the Planning and Zoning Commission consider the proposed zone change from Low Density Residential (R-1) to Neighborhood Commercial (NC). ATTACHMENTS Exhibit A: Aerial Map Exhibit B: Zoning Map Exhibit C: Future Land Use (FLUP) Map Exhibit D: Application 11 , �lxl I I'll 1) 4 Zone Change Application 1k NO Planning and Development lDelpairtment Address where zone change is being requested: 10105 FAIRMONT PKWY, LA PORTE, TX 77571 Legal description where zone change is being requested; See attached - "Exhibit A"' HCAD Parcel Number where zone change, is being requested: 1311750010004 ed. Zoning District: Currently "R-1 " Single Family Residential — Lot area:. '88 Acres A request far approval of a zone, change is hereby made to the City of Lo Porte. Description of Request: Rezone of .3888 acres of land zoned T-1 / Sin,gile Family Residential" to "'NC / Neighborhood Commercial" Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. !111011%wvmi`sr- Company (if applicable): MI -MR PROPERTIES, LLC Address: 10105 Fairmont Pkwy City; La Porte State: TX Zip: 77571 Company (if applicable): Address: Phone: AUTHORIZED ,AGENT (if other than owner) State: Zip: Email: OWNER( & AGENT CERTIFICATION I hereby depose and state under the, penalties of perjury that all statements, proposals and/or plans submitted with,/or contained in this application are true and correct and the application is complete to the best of my knowledge and belief. Agent's Signature: owner(s)'Signature(s): Monica L Rogers STAFF USE ONLY. Case Number: Date: DigilaNy signed by Monica L Rogers Date; 2019.11.08 16:44:38 -06'00' Date, EXHIBIT A, PAGE I OF 3 PAGES County: Harris Project: Farm Store La Porte M&B No: 19-238 CS job No: 19089 03 MIK03 •............ THENCE, North 860 54'39" East, with the westerly north line of said Restricted Reserve "A" and the south line of said Lot 48, a distance of 120,,54 feet to a 5/8-inch iron rod found at the southeast corner of said Lot 48, for the northeast corner of the herein described tract; THENCE, South 030 15' 55" East, through and across said Restricted Reserve "A" and said remainder tract, a distance of 140.36 feet to a point on the south line of said Restricted Reserve "A" and said remainder tract, on the north R.O.W. line of Fairmont Parkway (two hundred and fifty feet wide per, F.C. No. 638272 of the H.C,M.R.), for the southeast corner of the herein described tract; THENCE, South 860 50' 11 " West, with the south line of said Restricted Reserve "A" and said remainder and said 0,2893 acre tracts, and with the north R.O.W. line of said Fairmont Parkway, a distance of 120.63 feet to a point at the southwest corner of said Restricted Reserve "A" and said 0,2893 acre tract, at the northeast intersection of said Fairmont Parkway and said Willmont, Road, for the southwest corner of the herein described tract; EXHIBITA, PAGE 2 OF 3 PAGES THENCE, North 030 13' 37" West, with the west lines of said Restricted Reserve, "A", said 0.2893 acre tract and said remainder tract and with the east R,O,W. line of said Willmont, Road, a distance of 140.52 feet to the POIINT OF BEGINNING and containing 0.3888 acre (16,935 square feet) of land. An Exhibit Map of the herein described tract was prepared in conjuncfion with and accompanies this description,, 1"0111011junw-11-1 W CVIL-SURV LAND SURVEYING, LC 839-9181 November 5, 2019 VVILLMONT ROAD (r W PUBLIC RAW) (FILM CODE NO. 63B272- 03-13137" W 140.1 52 V) t C/) 0 on MEN co 630272 > OD 93 QI cp t co� LA M (A s 8 OD o< (a CL k-�- 1�3 r'- I fil ;'0 C) col =A Z' rrl Z) c 0 u 0I I ob to ;;u > 0 z � ill z xp ON ON C) p 4 z Wr ;a 00 rq rq P 14 z c r WIS 0 F'rl 8 0 ?D CD T > IN 1,pvury E591 A ESMt F AEAM 0 V) VOL, 294 PC. 7a Z" H.0 + m :g x j, 1 Ni 140.3 S 03Y' 5'55" E `pybp -40 c >0 m ?0 amem, 0 it MOO 0, co;u,xm= IOU > owl Al MM80%j�' q 9 N"' 2.1 ZT 01 m X PO > K (Z r- -ub- '-I r - r 0 M E W 2 zzz 1 0 z m ED I II wm>;u 0, qc --4 U z F (A > m � M b IN 90 U II 61 M W 1�-- Q X M > Ul 5dM.-I b0'r- amo F-0 0 II c za 0I NI F U4I II > m > M, 00 C! 0) > omz 0 ccn m 0 mo co o Q > C- 8 -0-1 ;Mu m Mi OPZ> o Z Z 24 OD z 0 U) -n z ED M7PPz g: F1P3 Z= >;v mMK� .ZCz, � M3: QS z26mLm No N3mo m p � k- z' R m a MO - z l o C) 00 V) M m Na m'49M0 K:;vz MP5;0 no q FMMMN �, i 1, 1111! !11 11 ��� 11111 111 111 11 11 11 1 1 11 61 , OMMI, 11,11,11 lrmffl�=] A Farm Stores Franchise establishment is a neighborhood -centric model that offers convenience items, fresh groceries, bakery products, and freshly prepared foods, Utilizing a curbside pickup model, the customer can IN their order and receive their products all without leaving their vehicle.The fulfillment of orders with the adoption of our mobile ordering app will increase the efficiency and level of service at our drive -up stores. Together with being a double drive -up "open-air" concept, our stores will always maintain a high level of cleanliness and provide exceptional customer service. In addition, it is our quest to remain as "eco-friendly" as possible. The structure itself will be a sustainable and recycled modified storage container, approximately 18'wide and 40' in length, which will be placed and secured on a concrete slab. The unique roof the customers and their vehicles. In order for our above -mentioned use to be permitted, we would like to request the following zone change. The .3888 acres of land that we are requesting to rezone from "R-1 Single Family Residential" to "Neighborhood Commercial" is currently part of a larger 1.5-acre parcel that is split zoned, with the remainder of the parcel already containing "Neighborhood Commercial" zoning. Of the .388 acres that we propose to rezone, only .2219 will be developed for our use. fi" *'zo," Zone Change Application Planning and Development Department Si ATI Of I I XAS (OUNTY0F HARRIS C i'IA OF L A PORIT The Undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department, I hereby attest that said sign will be posted on the following described property, which is subject to the application: ADDRESS: 10105 FAIRMONT PKWY, LAPORTE, TX 77571__ LEGAL DESCRIPTION: See attached "Exhibit A" 2. In accordance with the provisions of Section 106-194 of the city's Code of ordinances, i hereby attest that said sign will be posted on the described property for no less than fifteen (15) days prior to the scheduled public hearirig; startinIg at (east ion the following dam December 3, 2019i 3, Saidsign shall be placed on'the property within 20 feet of the abutting street, 4, ,,sja ha"II'6m,ain legible and visible for the entire fifteen (15) day posting per yjod-U—s�gn is damaged or 'Im 4,5Jhg'-] horq'by. attest that I will contact the City of La Porte f r a replace nt sign, A lic 4pica %s Sig e Apol�ic4nt's �Printed �Name by it flu IUdEMd�C#C4 PUP RIP Fill I! I Ali l= M— - jjjql;l 1111111-`M;mjg� A,1A yom IV, '11 ho '0 Fs It g g of 11 all BIG ISLAND SLOUG11 �15o' H.C,F- .,, UNIT TA—q00-00 OW K m I. City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEMS 13-15 Zone Change Request #19-92000009 A request by Monica Rogers, applicant; on behalf of Tammy Jo Millstid, applicant; on behalf of CM Millstid Properties, LLC, owner; for approval of a zone change from Planned Unit Development (PUD) to Business Industrial (BI), on a 3.38 acre tract of land legally described as Tract 1 H, Abstract 625 R, Pearsall Survey. Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas an 111 g dw'Irtd zonling ���, i"11111 , xl��ll l ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission recommend approval of a change in zoning from Planned Unit Development (PUD) to the Business Industrial (BI) zoning district; on approximately 3.38 acre tract of land, legally described as Tract 1 H, Abstract 625 R, Pearsall Survey? DISCUSSION Location: The subject site is located at 11007 Fairmont Pkwy. Background Information: The property is currently utilized as outdoor storage for the business located on the adjacent property to the south. The applicant would like to change the zoning of the property to BI to bring it in line with the property to the south, also owned by the applicant. The site has been utilized for minor industrial uses dating back as far as the 1980's. 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 North PUD, Planned Unit Development Morgan's Landing Subdivision South BI, Business Industrial Industrial Trucking Business West PUD, Planned Unit Development Exxon Pipeline Corridor East PUD, Planned Unit Development Morgan's Landing Subdivision The site is currently identified as Mid -High Density Residential in the Future Land Use Map. As a result, in order to rezone the property, the city's Future Land Use Map should be amended to identify this site as Business Industrial. 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; 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 on the City's website. an 111 g dw'Irtd Zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 Analysis: There are a number of different considerations staff evaluated during the review of this application. The following describes staff's analysis of those considerations: 1. Land Use. Staff finds that business industrial is a sufficient fit for the existing site. The existing lot has been utilized for minor industrial uses, in conjunction with the property to the south, for at least 35 years. 2. Access. The site will have direct access to Fairmont Pkwy. once it is legally combined with the adjacent property to the south. 3. Utilities. Water and sewer services are available along Fairmont Pkwy. Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff's finding: Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support permitted use. the proposed use. Impact on the value and practicality Proposed development would be consistent with other of the surrounding land uses. industrial properties in the immediate area. Future industrial development on the site could have more significant impacts on surrounding residential uses. Conformance of a zoning request The proposed zone change will be in conformance with with the land use plan. the current future land use plan, once amended. Character of the surrounding and The proposed zone change would be consistent with adjacent areas. current development to the south but would be in contrast to the newly developed residential subdivision to the north. Suitability of the property for the uses The current use of the property has minimal impacts to the which would be permissible, adjacent properties. Other uses permitted in the BI zoning considering density, access and district may be more impactful if ever developed on site. circulation, and adequacy of public facilities and services. The extent to which the proposed The proposed zone change will have minimal impact on use designation would adversely the traffic in the vicinity. The proposed development will affect the capacity or safety of that utilize existing driveways on Fairmont. No new driveways portion of the road. are proposed. The extent to which the proposed The proposed zone change will not create any known use designation would create excessive air pollution or other negative environmental excessive air pollution, water issues at this time. pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the public health, No gain has been identified at this time. safety, and welfare of the City. and g dw'Irtd Zoning ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 on(,s, C h1ng(,9 ;IU �9 9200000 9 RECOMENDATION Based on the above analysis, staff recommends the Planning and Zoning Commission consider the proposed zone change from Planned Unit Development (PUD) to Business Industrial (BI). ATTACHMENTS Exhibit A: Aerial Map Exhibit B: Zoning Map Exhibit C: Future Land Use (FLUP) Map Exhibit D: Application EN', 111B IT 1) m 0 ROO, 3 v� Address where zone change us bc?ing ii,eO descHptllon where zone change us iiming requestie& HCAD Parce� NUmber where zone change �s being requested!- b 2 J .. .... LA Lot area� Zoning Distrlict:. o15—eL _ A request for approval of a zone change is hereby made to e G�y of LO Porte, Desc6ption of Request', ed, 1-u Attached hereto us a Project Descrlipfion Letter describing the project. and OUthr1l1(1g the reasons why such SCUP shoWd be approved. "Y 06, FOOOf Nainw Cornpany (if apphcaWe)��_ . ...... qAddirew State: Z. Narne� Company (uf apphcable)� Address: I 1 .3 Flhonila� Emad I Thereby de;wse and state under the penailties of: perjury that 0 staten,"wints, proposaiis and/or plans sulbrrdtted with/or contairled nary 11hilisappill calJon are true,,-md correct and the appkatQon is cornpetas tc) the best of my knoMedge and beflk:,f. Ag La Date� e nt's SigrlatU re d, Owner( ' Date� . ..... Date Appilicaflon Receive& . . ....... . Case Nuirnber: City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEM 76 Future Land Use Map Amendment #19-92000009 A request for a proposed amendment to the Future Land Use Map component of the La Porte Comprehensive Plan by amending the land use designation for a 3.38 acre tract of land located at 11007 Fairmont Pkwy., and legally described as Tract 1 H, Abstract 625 R, Pearsall Survey, from "Mid -High Density Residential' to "Business Industrial." Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas an 111 g dw'Irtd Zoning ���, �i"11111 , xl��l l 1 ar r,IJl,ll 1 �Jrrr Ill"t�:r 19 2019 IJ'I:Io,I dw?'nd, 1 ll1,fdf, "ll(;,l,f1. Planning and Development Department Staff Report ISSUE Consider a recommendation of approval to the City Council for an amendment to the city's Future Land Use Plan as demonstrated in the attached Exhibits A and B. DISCUSSION Staff is presenting for consideration an amendment to the city's Future Land Use Plan in conjunction with a zone change request on a 3.38 acre tract of land from PUD to BI. The site is currently utilized for outside storage and is located at 11007 Fairmont Pkwy. The city's Future Land Use Plan (FLUP) identifies this property as "Commercial" land use. In order to accommodate the proposed development, the FLUP would need to be amended to allow for "Low Density Residential" use. 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 B shows the proposed future land use plan. Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for amending the city's Future Land Use Plan, which was adopted as a component of the Comprehensive Plan. The LGC requires review of the proposed amendment by the Planning and Zoning Commission and consideration by the City Council. A public hearing will be scheduled at the time of City Council review. The Future Land Use Plan identifies the following surrounding land uses (see the attached Exhibit A): Land Use Development North Mid -High Density Residential Morgan's Landing Single Family South Business Industrial Industrial Trucking Use West Public/Open Space Pipeline Corridor East Mid -High Density Residential Morgan's Landing Single Family anrdng and Zoning 19, 2019 w, 1: w, I . . . . . . ..... �,nd 1 1, 1, f d "I I (;, 1, f 1: RECOMMENDATION Should the Planning and Zoning Commission desire to recommend approval for zone change #19-92000009, then the city's Future Land Use Plan should be amended as described in this item. ATTACHMENTS Exhibit A: Current Future Land Use Plan Exhibit 13: Proposed Future Land Use Plan K City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEMS 17-19 Zone Change Request #19-92000010 A request by Ryan Sweezy, applicant, on behalf of Texas Cargoways, LLC, owner; for approval of a zone change from Mid Density Residential (R-2) to Planned Unit Development (PUD), on a 6.921 acre tract of land, located at the 3400 Block of Canada Rd., and legally described as Reserve A, Block 1 Dawson Subdivision. Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas an 111 g dw'Irtd zonling ���,�i"11111 , xl��ll 1 ar r,IJl,ll 1 �Jrrr Ill"t�:r 19 2019 Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission recommend approval of a change in zoning from Mid Density Residential (R-2) to the Planned Unit Development (PUD) zoning district; on approximately 6.921 acres of land, legally described as Reserve A, Block 1 Dawson Subdivision? DISCUSSION Location: The subject site is located at the 3400 Block of Canada Rd. Background Information: The property is currently undeveloped. The applicant would like to develop the site for outdoor boat and recreation vehicle (RV) storage. In order to allow the proposed use, the site must be rezoned. The applicant previously attempted a zone change to General Commercial. That request was denied by both the Planning and Zoning Commission and City Council. The applicant is now requesting a zone change to PUD along with a Special Conditional Use Permit (SCUP) which will allow for a number of possible conditions to be approved alongside any zone change for specific developments. 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 North R-2, Mid Density Residential Drainage Channel/industrial facility South GC, General Commercial/R-3, High Density Residential Mariposa Senior Apartments West MH, Manufactured Housing Pecan Park East R-2, Mid Density Residential Drainage The site is currently identified as Mid -High Density Residential in the Future Land Use Map. As a result, in order to rezone the property, the city's Future Land Use Map should be amended to identify this site as Commercial. 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 an 111 g dw'Irtd Zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 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 City Hall and on the City's website. Analysis: There are a number of different considerations staff evaluated during the review of this application. The following describes staff's analysis of those considerations: 1. Land Use. Staff finds that allowing for a commercial use to be constructed on this site would not be consistent with the use pattern of the area. 2. Access. There is sufficient existing right-of-way access along Canada Rd. 3. Utilities. Water and sewer services are available along Canada Rd. Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff's finding: Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support permitted use. the proposed use. Impact on the value and practicality Proposed zone change would not be consistent with of the surrounding land uses. adjacent properties. The proposed use of boat and RV storage would not be ideal for this stretch of Canada Rd. Conformance of a zoning request The proposed zone change will be in conformance with with the land use plan. the future land use plan once amended to reflect the change to a commercial use. Character of the surrounding and The proposed zone change to PUD with an underlying adjacent areas. land use of commercial would be consistent with current zoning along this section of Canada Rd. The proposed use would not be consistent. Suitability of the property for the Development of the proposed site for commercial uses uses which would be permissible, would be permissible. considering density, access and circulation, and adequacy of public facilities and services. The extent to which the proposed The proposed zone change will have minimal impact on use designation would adversely the traffic along Canada Rd. Total impact cannot be affect the capacity or safety of that determined until development and will be based on the portion of the road. specific use. The extent to which the proposed Staff is not aware of any ways that the proposed SCUP use designation would create would create excessive air pollution. Staff does have excessive air pollution, water concerns regarding possible drainage issues that could pollution, noise pollution, or other result from the addition of approximately 7 acres of environmental harm to adjacent concrete to the area. properties. The gain, if any, to the public health, Staff is not able to identify any specific benefits that this safety, and welfare of the City. proposed use would bring to the city at this time. anrdng and Zoning I'l)(,:, 1 19 2019 Zon(,:� Chang(,:�';IU09 92000010 RECOMENDATION Based on the above analysis, staff is unable to recommend approval to the Planning and Zoning Commission for the proposed zone change from Mid Density Residential (R-2) to Planned Unit Development (PUD). ATTACHMENTS Exhibit A: Aerial Map Exhibit B: Zoning Map Exhibit C: Land Use Map Exhibit D: Application 'III H I B I'l. Address where zone change is being Legal description where zone change HCAD Parcel Number where zone ch Zoning District: A request for approval of�azone change Is �h�erreby made tote My of La Porte, 7 Descrlptlon of Request: one- {t Y I[ [ {�1i�e _ , -M [ m- i� Zone Change Application Planning and Development Department Lot area: Attached hereto Is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. PROPERTY OWNERS} INFORMATION Company (If City: H& t.1 b& State: Tx Zip:- 77t)2- Phone:?% �? Z- o Si sr Email ai . N AUTHORIZ4q AGENTAIf 6*60han.owne'rj Company (if City: per PAr State rx Zip: —M53& Phone: Email: 3 C O E13 k ONi efW rlF�Cp►TtQ I hereby depose a d state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained In t /ppplllccaf tlon a tr e d correct and the app Ion Is complete to the best of my knowledge and belief. gertt's Slana re: ADate: it 9 f� Owner(sj' STAU USi`ONLY• Case Number: Date Application Received: Special Conditional Use Permit Application 0 Planning and Development Department Address where SCUP Is being requested: U i u I ! U . Legal description where SCUP Is being requested: to . u 1 0 ' + HCAD Parcel Number where SCUP is being requested: lag 9h �-t� -DO — d� Zoning District: Lot area A reeuest for annraval of a Snerlal Conditional Use Permit Is hereby made to the City of La Porte. Attached hereto Is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. POI�i=RFYOWS) INFRIIa�k'IDN +��:RIZED,��I�kTElf o�he��K Ali'} Company (If I hereby depose a state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained In t�ls application e t and correct an je}applEcatian is complete to the best of my knowledge and belief. /� Ant's5ign ure. w Date: 1` °f IM I % Vw�iCya1 diSua,w r STAFE USE ONLY: Case Number: Date Application Received: City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEM 20 Future Land Use Map Amendment #19-92000010 A request by Ryan Sweezy, applicant; on behalf of Texas Cargoways, LLC, owner; for an amendment to the City of La Porte's Future Land Use Plan by amending the land use designation for a 6.921 acre tract of land legally described as Reserve A, Block 1 Dawson Subdivision, from "Mid - High Density Residential" to "Commercial" use. Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas an 111 g dw'Irtd /ur ing ���, �i"11111 , xl��l l 1 ar r,IJl,ll 1 �Jrrr Ill"t�:r 19 2019 IJ'I:Io,I dw?'nd, I1 ll1,fdf, 1,f1. Planning and Development Department Staff Report ISSUE Consider a recommendation of approval to the City Council for an amendment to the city's Future Land Use Plan as demonstrated in the attached Exhibits A and B. DISCUSSION Staff is presenting for consideration an amendment to the city's Future Land Use Plan in conjunction with a zone change request on a 6.921 acre tract of land from R-2 to PUD. The site is currently undeveloped and is located at the 3400 Block of Canada Rd. The city's Future Land Use Plan (FLUP) identifies this property as "Mid -High Density Residential" land use. In order to accommodate the proposed development, the FLUP would need to be amended to allow for "Commercial" use. 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 amending the city's Future Land Use Plan, which was adopted as a component of the Comprehensive Plan. The LGC requires review of the proposed amendment by the Planning and Zoning Commission and consideration by the City Council. A public hearing will be scheduled at the time of City Council review. The Future Land Use Plan identifies the following surrounding land uses (see the attached Exhibit A): Land Use Development North Mid -High Density Residential Drainage Channel/Industrial Building South Mid -High Density Residential Mariposa Apartments West Public Pecan Park East Public Drainage p|anning and Zoning �ommim�ion Re�u|ar K8eetin� QeoemUeri@.2Oi@ FutunsLand Umep|anAmendment RECOMMENDATION Should the Planning and Zoning Commission desire to recommend approval for zone change 19-92000010. then the cib/o Future Land Use Plan should be amended as described in this ihynn. ATTACHMENTS Exhibit A: Current Future Land Use Plan Exhibit B: Proposed Future Land Use Plan City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEMS 21-23 Special Conditional Use Permit #19-91000009 A request by Ryan Sweezy, applicant; on behalf of Texas Cargoways, LLC, owner; to allow for a boat and recreational vehicle (RV) storage development, to locate on a 6.921 acre tract of land, located at the 3400 Block of Canada Rd., and legally described as Reserve A, Block 1, Dawson Subdivision. Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas an 111 g dw'Irtd zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r (,:1 ritr)(,!s,l 19 2019 ` cc 19 9I00000 Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission recommend approval of a SCUP to allow for a boat and recreational vehicle (RV) storage development, to locate on a 6.921 acre tract of land legally described as Reserve A, Block 1, Dawson Subdivision? DISCUSSION Location: The subject site is located at the 3400 Block of Canada Dr. Background Information: The property is currently undeveloped. The applicant for the Special Conditional Use Permit (SCUP) is in the process of changing the zoning to PUD. The proposed SCUP, will allow them to develop the site for a boat and RV storage facility. Preliminary layouts for the project show the majority of the approximately seven (7) acre tract of land paved with concrete. The site will hold spaces for upwards of 260 boats and recreational vehicles. Staff has provided a list of 16 conditions of approval. These conditions are meant to ensure that, if approved, this development will have a lesser amount of negative impacts on adjoining residential properties, as well as to the aesthetics of Canada Rd. The list of conditions can be found in Exhibit D. 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 North R-2, Mid Density Residential Drainage Channel/industrial facility South GC, General Commercial/R-3, High Density Residential Mariposa Senior Apartments West MH, Manufactured Housing Pecan Park East R-2, Mid Density Residential Drainage 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 an 111 g dw'Irtd Zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 ` cc I lJ "'9I00000 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 on the City's website. Analysis: There are a number of different considerations staff evaluated during the review of this application. The following describes staff's analysis of those considerations: 1. Land Use. Staff finds that allowing for a commercial use, especially the stated use of a boat and RV storage facility, on this site would not be consistent with the use pattern of the area. 2. Access. There is sufficient existing right-of-way access. 3. Utilities. Water and sewer services are available along Canada Rd. Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff's finding: Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support permitted use. the proposed use. Impact on the value and practicality Proposed SCUP would not be consistent with adjacent of the surrounding land uses. properties. The proposed use of boat and RV storage would not be ideal for this stretch of Canada Rd. Conformance of a zoning request The proposed SCUP will be in conformance with the with the land use plan. future land use plan once amended to reflect the change to a commercial use. Character of the surrounding and The proposed SCUP with an underlying land use of adjacent areas. commercial would be consistent with current zoning along this section of Canada Rd. The proposed use would not be consistent. Suitability of the property for the Development of the proposed site for commercial uses uses which would be permissible, would be permissible. Uses would be limited to the considering density, access and stated uses within the final SCUP document. circulation, and adequacy of public facilities and services. The extent to which the proposed The proposed SCUP will have minimal impact on the use designation would adversely traffic along Canada Rd. Total impact cannot be affect the capacity or safety of that determined until development and will be based on final portion of the road. development plans. The extent to which the proposed Staff is not aware of any ways that the proposed SCUP use designation would create would create excessive air pollution. Staff does have excessive air pollution, water concerns regarding possible drainage issues that could pollution, noise pollution, or other result from the addition of approximately 7 acres of environmental harm to adjacent concrete to the area. properties. The gain, if any, to the public health, Staff is not able to identify any specific benefits that this safety, and welfare of the City. proposed use would bring to the city at this time. and g dw'Irtd Zoning ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 ` CI lJ "'9I00000 RECOMENDATION Based on the above analysis, staff is unable to recommend approval to the Planning and Zoning Commission for proposed SCUP 19-91000009. If the Commission chooses to recommend approval, staff has listed a number of conditions that we feel are necessary in order to ensure a high quality development for the city. ATTACHMENTS Exhibit A: Aerial Map Exhibit B: Zoning Map Exhibit C: Future Land Use (FLUP) Map Exhibit D: Proposed SCUP Exhibit E: Application City of La Porte Special Conditional Use Permit #19-91000009 This permit is issued to: Ryan Sweezy, RKS Builders, Inc. Owner or Agent 2302 E. Lawther Rd. Address For Development of: Boat and RV Storage Facility Development Name 3400 Block of Canada Rd. Address Legal Description: A 6.921 acre tract of land legally described as Reserve A, Block 1, Dawson Subdivision, Harris County, TX Zoning: PUD, Planned Unit Development Use: Commercial Boat and RV Storage 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. The underlying zoning is General Commercial. All GC zoning and development requirements will need to be met, outside of any conditions listed below. 3. Permitted use is limited to Boat and RV Storage, which falls under NAICS #531130-Lessors of Miniwarehouses and Self -Storage Units. No other uses permitted under this NAICS, besides Boat and RV Storage, is permitted. 4. At no time can commercial motor vehicles, trucks, or trailers, be parked or stored on site. Use is limited to personal boats and recreational vehicles. 5. Perimeter fencing must be constructed of either masonry, wrought iron, or decorative tubular steel. Use of chain -link, wood, or barbed wire is prohibited. 6. Perimeter fencing must 8' tall. 7. Security cameras must be installed and maintained throughout the lifetime of the development. 8. Onsite lighting must be hooded and include motion sensors to limit light pollution on existing properties. 9. Access to the site must be limited to the hours of 7:00 AM — 9:00 PM. No afterhours access shall be granted to any lessor. 10. No modular or temporary structures, include shipping containers, may be utilized on site at any time for any purpose. 11. Banner signs meant to be temporary in nature are prohibited on site. All signage advertising the business must be permanent in nature and construction. 12. All onsite paving must consist of concrete. Asphalt, chip seal, or any other material is not permitted. 13. All onsite detention and drainage is required to discharge into the existing drainage channel east of the property. 14. Drainage calculations must follow Harris County requirements. 15. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process for any proposed building improvements. 16. 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 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 "KI I I Ilj I III I' I Special Conditional Use Permit Application 07�-11, Planning and Development Department ni-, PROJECT INFORMATION Address where SCUP is being requested: Legal description where SCUP is being re HCAD Parcel Number where SCUP is being requested: , - �— )E —Jaq Y 4- ol Zoning District: Lot are; A request far approval of a Special Conditional Use Permit is hereby made to the City of Lo Porte. Description of Request: Attached hereto is a Project Description Letter describing the project and outlining the, reasons why such SCUP should be approved. Name: Company (if applicabl Address: City: Phone: Name: /'lV,Jk1Jjl` Company (if applicable): Address: � N City: I L" 1 -1 V1 Phone: "A fl -311 96 3 �0 M PROPfRTYOWNER"(5) INFORMATION State: Email: State: Email: I OwN 1"CATION Zip; Zip: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are tWie and correct an -tt'e application is complete to the best of my knowledge and belief. Date: Agent's Signature-� a Owner(s)'SignatUre(s): Date. STAFF USE ONLY. Case Number: Date Application Received: Special Conditional U�se Permit Application 5 z Planning and Development Department (lz , *1 STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department, I hereby attest that said sign will be posted on the following described property, which is subject to the application ADDRESS: LEGAL DES In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less than fifteen (15) days prior to the schecluied public hearing; starting at least an the following date: 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4, Said sign shall) remain legible and visible for the entire fifteen (15) day posting period. If sign is damaged or missing, I hereby attest that I will contact the City of La Porte for a replacement sign. 1. Applicont'sSignature y LI) Mo 9, i W ee --W Applicant's Printed Name Subscribed and sworn before me this day of -1 �-Iuch,n�,YA, by uJ e, e, 1. V (Print Applicant's Name). Notary blic (Seal) My commission expires: LA,, JENIFER SMUT MU My Notary :ID# 1!30934952 cel 0 Expires Deceinber D16,2O20 i City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEMS 24-26 Special Conditional Use Permit #19-91000008 A request by Wells Holdings, Inc., applicant; on behalf of 92 Fairmont Lakes, Inc., owner; to allow for a mixed use development, to locate on a 56.7 acre tract of land legally described as Lots 1-33, Block 1267, La Porte Subdivision, Tract 1 M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey. Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas and g dw'Irtd Zoning ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission recommend approval of a SCUP to allow for a mixed use development, to locate on a 56.7 acre tract of land legally described Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey? DISCUSSION Location: The subject site is located at the northeast corner of SH 146 and Wharton Weems Blvd. Background Information: The property is currently undeveloped. The applicant is requesting approval of a Special Conditional Use Permit (SCUP), to allow them to develop mixed use development consisting of commercial pad sites, hotel, up to 325 units of multifamily, 20 patio home lots, and 38 townhome lots. The applicant has requested that commercial uses be limited to all uses permitted within the Neighborhood Commercial (NC) zoning district, with the exception of the following uses: 1. Funeral Homes 2. Cemeteries and Crematories 3. Coin operated or self-service laundry facilities 4. Dry cleaning or laundry service plants (retail drop off permitted) 5. Businesses that derive 51 % of revenues from the sale of tobacco products 6. Rooming and boarding houses such as dormitories and worker's camps 7. Consumer related storage facilities including recreational vehicles and boats The Planning and Zoning Commission held a workshop on this item at their regular meeting on October 17, 2019. At the workshop, staff presented the preliminary proposal to the commission. The commission then provided the following feedback: 1. Gas station uses should be excluded from the development along with all other uses suggested by staff. 2. Hotel use unique to anything else currently in the city could be a viable option. 3. Hotel similar to existing hotels in the city should not be included. 4. Commercial tracts along 146 are appropriate. 5. The city has a number of multi -family projects in development currently and should withhold approval of any additional units at this time. 6. A higher percentage of acreage devoted to single family is desired. an 111 g dw'Irtd zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r (,:1 ritr)(,!s,l 19 2019 sc� 1 19 91000008 The feedback provided by the commission was sent by staff to the applicant for their consideration. Staff then had a follow up meeting with the applicant to discuss any concerns they might have regarding the requested changes. Exhibit E is the application and current development proposal submitted by the applicant. This version of the development proposal does not appear to meet any of the requests made by the commission. The following comments from the initial review by staff have yet to be adequately addressed by the applicant: 1. Proposed single family layout does not meet minimum access requirements as per the fire code. 2. The applicant has not identified the existing public utilities within or adjacent to the general plan boundaries and how each phase of development will connect with those utilities 3. The applicant has not provided adequate details regarding proposed amenities for the multifamily and single family/townhome portions of the development. Additionally, the applicant is requesting a number of variances for the development. Staff has concerns specifically with the variances requested for the multifamily use. Requested variances are as follows: 1. Increase allowed density for multifamily from 20 units/acre to 25 units/acre 2. Increase maximum number of multifamily units from 300 up to 325 3. Decrease the required distance between multifamily developments from 1,000 feet down to 300 feet. 4. Reduce the required front setback in single family from 25 feet down to 20 feet. 5. Reduce the minimum patio home lot area from 4,500 S.F. down to 4,100 S.F. 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 North PUD, Planned Unit Development Hawthorne at Bay Forest South PUD, Planned Unit Development Lakes at Fairmont Greens Subdivision West PUD, Planned Unit Development SH 146 East PUD, Planned Unit Development Bay Forest 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 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 City Hall and on the City's website. an 111 g dw'Irtd Zonling ���, i"11111 , xl��ll 1 ar r,IJl,ll 1 �Irrr Ill"t�:r ritr,(,!s,l 19 2019 Analysis: There are a number of different considerations staff evaluated during the review of this application. The following describes staff's analysis of those considerations: 1. Land Use. Staff finds that a mix of commercial and residential uses on this tract of land is the highest and best use. Staff has concerns with additional multifamily units and a number of commercial uses specifically gas stations and hotels. 2. Access. There is sufficient existing right-of-way access along Wharton Weems and SH 146. 3. Utilities. Water service is available along SH 146. Sewer is available from the north within an existing utility easement. Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff's finding: Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support permitted use. the proposed use. Impact on the value and practicality Portions of the proposed SCUP would be appropriate for of the surrounding land uses. this tract of land. Staff has concerns with the proposed multifamily, hotel, and gas station uses. Conformance of a zoning request The proposed SCUP will be in conformance with the with the land use plan. future land use plan once amended to reflect the change to mixed use. Character of the surrounding and Portions of the proposed SCUP, with an underlying adjacent areas. mixed use, would be consistent with current zoning along this section of SH 146 Suitability of the property for the The site is in an ideal location for a mix of commercial. uses which would be permissible, Due to the adjacent development to the north, considering density, access and multifamily would not be considered appropriate for this circulation, and adequacy of public site. facilities and services. The extent to which the proposed The proposed SCUP has the potential to have a use designation would adversely significant traffic impact on both Wharton Weems Blvd. affect the capacity or safety of that and SH 146. A traffic impact analysis will be required portion of the road. prior to the approval of any plans or permits. The extent to which the proposed Staff is not aware of any ways that the proposed SCUP use designation would create would create excessive noise or air pollution. excessive air pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the public health, Staff is not able to identify any specific benefits that this safety, and welfare of the City. SCUP, as is, would bring to the city at this time. and g dw'Irtd Zoning ���, i"11111 , xl��ll 1 ar r,IJl�ll 1 �Ir,rr Ill"t�:r ritr)(,!s,l 19 2019 RECOMMENDATION Based on the above analysis, staff is unable to recommend approval to the Planning and Zoning Commission for proposed SCUP 19-91000008. If the Commission chooses to recommend approval, staff has listed a number of conditions that we feel are necessary in order to ensure a high quality development for the city. ATTACHMENTS Exhibit A: Aerial Map Exhibit B: Zoning Map Exhibit C: Future Land Use (FLUP) Map Exhibit D: Proposed SCUP Exhibit E: Application 4 a� O � O a � SW33M wm .2ibHM�9bl w;9bl_ HS � w ro�� F GREENS a cy0 � O a SW33M V"J1 .,,,,M 9bl ?,9b1. HS ao U N 7 GREENS CZ G a� O � O a � SW33M .2ibHM�9bl RMONT This permit is issued to: For Development of: Legal Description: Zoning: Use: Permit Conditions: City of La Porte Special Conditional Use Permit #19-91000008 Wells Holdings, Inc. Owner or Agent P.O. Box 130045 The Woodlands, TX 77058 Address La Porte Mixed Use Development Name Northeast corner of SH 146 and Wharton Weems Blvd. Location Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survev. and Tracts 5 & 5L. Abstract 30. W.P. Harris Survev. PUD, Planned Unit Development Mixed Use 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: 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. All buildings shall meet or exceed the Design Standards outlined in Article IX, Chapter 106 of the Code of Ordinances. 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 NC (Neighborhood Commercial) at the effective date of this SCUP, excluding the following NAICs uses: a. 81221- Funeral Homes and Funeral Services b. 812220 — Cemeteries and Crematories c. 812310 — Coin Operated Laundries and Drycleaners d. 812320 —Dry Cleaning and Laundry Services (except Coin -Operated) e. 44711 — Gasoline Stations and Convenience Stores f. 453991 — Tobacco Stores g. 721310 — Rooming and Boarding Houses, Dormitories, and Workers' Camps h. 531130 — Lessors of Miniwarehouses and Self -Storage (Including Boat and RV Storage) 4. The commercial area shall be developed in accordance with the requirements for the Neighborhood Commercial zoning district. 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. The townhouse development may exceed the (12) twelve unit maximum for attached units and front setbacks for the townhouse development shall be permitted at a minimum of 5 feet from the front property line. 6. The residential land uses identified in the General Plan as "Single Family" 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 single family special lot line uses only. 7. In lieu of a fence along the eastern and northern boundaries of the project, the developer shall be required to plant shade trees, at a minimum 4" caliper and 25' on center. In addition to the shade trees, shrubs shall be planted at no less than 5 gallon in size with a minimum spacing of 3' on center. These plantings are required along the entire length of the eastern and northern boundaries and shall be in place prior to the completion of the multifamily portion of the development. 8. 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. 9. The developer shall provide internal connection between the city's Hike and Bike Trail to the development. 10. 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. 11. For the commercial portion of the development, parking shall be calculated based on the aggregate amount of parking required and proposed; joint parking is allowed. 12. 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. 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. The residential portion of the development is required to be platted as part of the first phase of the development. A minimum of half of the townhouse units and half of the single family units are required to be available for development as part of the initial phase of development. 20. A photometric plan will be required at the time of site plan submittal that will identify site lighting and the lumens proposed across the site. Lighting will need to be in compliance with the requirements of Section 106-310, Footnote A, of the city's Code of Ordinances. 21. 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 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 Special Conditional Use Permit Application 'A Planning and Developinent Department AA' 61 ,i , jkP 11i Address where SCUP is being requeste& Northeast Corner of SH 146 and Wharton Weems Blvd. La Porte, TX 77571 Legal description where SCUP is being requested; See legal description of of properly on the ALTA survey included in this submittal, HCAD Parcedl Number where SCUP is being requested: 040244UU30021, 0402440030022, 0242530670001, 0402780010036 Zoning District, Planned Unit DevOopirnent Lot area; 56.7 Acres A requestfor approval of a Specia.1, Conditional Use, Perf nit is hereby made to the City of to Porte. Description of Request: 'Subryflttal of a -Proposed Mixed Use Development Attached hereto is a Project Description Letter describing the project and Outlining the reasons why such SCUP should be approved, *Mk#jif"'� 'A"jAW JONI", H 92 Fairmont Lakes, Inc. Company (if applicable): Address:2398 Baycrest Dr City- Houston State: TX Tin, 77058 Phone; Emai ot 0 pyj -44 {fie II"t"* A- NarneMells Holdings, Inc, Company (if applicable)�:_ Address: 0-0. BOX 130045 City, The Woodlands State: zip: 77-393 Phone: 832.316.5434 Email: rnwells@wellsholdingsinc.coill g�� F1 M i OWI� � lot A 1 I hereby depose and state under the Penaltie's of perjury that all statements, proposals avid/or plavis submitted with/or contained In 'this application are true and correct aK04he application is complete to the best of my knoMedge and belief, Agent's Signature: Date; owne r(s)' Sign aturefs):_ Date;7 STAFF USE ONLY., Date Application Receivecl� Case Nurnber; I IN - Planning and Development Department AFFIDATIT 0111"PUSTING STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1, A public hearing sign was provided to me by the City of La Porte's Planning and Development Department. I hereby attest that said sign will be posted on the following described property, which is subject to the application: ADDRESS.. NEC of SH146 and Wharton Weems Blvd, LaPorte, TX 77571 LEGAL DESCRIPTION: Tract 1: A 14.7065 acre tracts in the town of La Porte, W,P, Harris Survey, A-30, La Porte, Harris County, Texas Tract 2: A 42.0058 acre: tract of land in the town of iLa Porte, Johnson Hunter survey, A-35, And WP Harris Survey, A-30, La Porte, Harris County, Texas 2. In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less than fifteen (15) days prior to the scheduled public heading; starting at least on the foflowing date:: 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4, Said sign shall remain legible and visible for the entire fifteen (15) day posting, period. If sign is damaged or missing, q hereby attest that I will contact the City of La Porte for a replgcirrt�ent sign. Z, ", .... ... .. . Applicant's Signature Applicant's Printed Name Subscribed and sworn before me this day of v,A c by (Print Applijan t's Name). NC! ark' o'b"lic (Seal) My commission expires: FIEA-f SCIVADT t,AY Cohr%058VEXPRES N JARY (3, 2020 Zt - \.I("JARY 0- 11869007 Yfl""' uuu 0 .. .. .. .. .. .. . 141111lg miiii66 iuuuuum ISm p a I" I" R x:::I F A I I1 I,I A I,. I A I A, 11'i,l I ",d V I A I I" 1:::: I'd .I. S I 11 V Y � tl `,X114 11 7 111 0 \`u 1�7 17oId �a11'Is' II � I / /, `),,,Y u tl v.'7 d „d 1,7,rd8,Wu,7potlhq, om i iim November 15, 2019 Teresa Evans Director, Planning and Development Department City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 RE: Special Conditional Use Permit Application Mixed Use Development of ±53 Acres at the NEC of SH 146 and Wharton Weems We respectfully submit this letter along with the Special Conditional Use Permit and General Plan for a mixed use development on ±53 acres on SH 146 at Wharton Weems. This development, located on the North East Corner of SH 146 and Wharton Weems, presents a unique window of opportunity to create a high visibility mixed use development in the City of La Porte. The property is currently zoned as PUD, which requires approval of a Special Conditional Use Permit and General Plan prior to development. Purchase of the tract is contingent upon approval of this General Plan and Special Conditional Use Permit. Should this plan not be approved, the tract will continue in its vacant and under-utilized state. Mixed -use Development Description A mixed -use development is designed to endure and in the Houston metro area they have proven over many years to appreciate in value more than typical commercial developments. Restrictions and controls set in place result in higher and more stable property values, an important benefit for the City of La Porte. Providing a range of single family home products, higher density multifamily, hospitality and neighborhood servicing commercial uses, this mixed -use development will primarily service the local area. Underlying these uses, the project will have a unified method of development controls whereby architecture, landscape, and street scape will work together to form a visually appealing theme to the development. In order to ensure longevity, both a commercial association and a residential homeowners association will be created to enforce deed restrictions and diligently maintain common areas for the long term. The development will consist of the land uses shown in Table 1: Table 1 Land Use Acreage* Single -Family 2.08 Town home 2.01 Multi -Family 12.94 Hotel/Meeting 4.86 Neighborhood Commercial 14.64 Parks 0.72 Drainage/Detention 15.06 Public Street 4.4 Total 56.71 *Acreages may vary Mixed -use developments require an imbedded residential component in order to create a rich community atmosphere. A residential component mixed with commercial in a master planned development approach garners a symbiotic relationship with one use benefitting the other. The range of lot and home types appeals to a broad range of the population and provides opportunities for buyers at various stages of their home -ownership cycle to purchase or move up within the community. Multi -Family options are an important and often forgotten part of the housing life -cycle and contribute tothe community's character. Commensurate with other quality master planned communities, the community will consist of the single-family lot sizes shown in Table 2: Table 2 Lot Dimension Number Percentage* 41' x 100' 20 34.5% 24' x 83' 38 65.5% Total 58 100.0% *Percentages may vary Some flexibility is required in order to allow mixed -use developments to respond to market changes and avoid stagnation. In order to ensure flexibility, we request that a) the exact percentages in Table 2 and the acreages in Table 1 may vary by 5%; b) the placement of lot sizes within different pods of the development as proposed on the attached schematic plan and General Plan may shift or change places as needed; and c) the exact boundaries between the commercial, multi -family tracts may shift to accommodate vertical development site planning. In addition to these acreages, the number of multifamily units may not exceed 325 units. Exact unit count will be determined upon site planning and market forces. Finally, the development will hold to the metrics proposed by the requested Variances included in this document. Park, Recreation, and Landscaping Enhancements To fully maximize the property value enhancements provided by the mixed use development opportunity, the park and landscaping facilities provided in the community need to be of a type and caliber desired by discerning home buyers and residents. Walking trails are the number one attraction of homebuyers in the Houston region. Aside from the standard neighborhood sidewalks, the proposed development includes connectivity amongst the various uses in order to provide better overall pedestrian circulation throughout the development and enabling residents to easily walk to the neighborhood servicing retail. The walking trails around the detention basin and sidewalks along Wharton Weems are proposed to be 5'-wide (five-foot wide) concrete trails/sidewalks. These trails/sidewalks and the other open spaces throughout the community will be landscaped to meet and exceed the established landscaping minimums, utilized as a buffer between uses, and to provide a scenic backdrop and cohesive landscape throughout the community via a range of tree and plant species, in varying sizes which are well adapted and have proven to do well in the La Porte area. In addition to a passive park complete with benches and a passive play area for children, the single family homes will have immediate access to the walking trails via the cul-de-sac with ease of access to all the public amenities. Typical amenities integrated within the multifamily include a clubhouse with business center, meeting rooms, fitness center, demonstration kitchen and package locker systems. Outside, the multi family typically includes a resort style pool with cabana and BBQ areas, a pet washing station and interconnected sidewalks. With immediate proximity to public amenities such as the Bay Forest Golf Course and within walking distance to the Little Cedar Bayou wave pool, citizens have a unique opportunity for connectivity within this and neighboring developments. Future Land Use Plan Compliance The City of La Porte Future Land Use Plan depicts this tract as Commercial and Low density Residential. The proposed mix of single family detached homes, townhomes and multifamily units are consistent with the PUD zoning designation and the stated goals of the Comprehensive Plan regarding life -cycle housing options in new developments. Accordingly, the commercial at the corner is consistent with the FLUP, and it is requested that a neighborhood commercial designation be expanded to include all of the frontage along SH146. Commercial Uses Proposed Commercial uses along the frontage of SH 146 will include uses permitted by right within the neighborhood commercial zoning classification. These uses cater primarily to the consumer for goods and services. These uses to include, but not limited to, full service restaurants (to include alcohol sales), minor emergency healthcare, consumer servicing office uses, limited and full -service hotel. Uses that will be excluded include funeral homes, cemeteries and crematories, coin operated or self-service laundry facilities, dry cleaning or laundry service plants (retail drop off permitted), businesses that derive 51% of revenues from the sale of tobacco products, rooming and boarding houses such as dormitories and worker's camps, consumer related storage facilities including recreational vehicles and boats. Variances To achieve the qualities desired by users, homebuyers, visitors and the city for mixed -use master planned developments in the Houston metro areas, three categories of zoning code variances are required and included in this SCUP application (see next page). Proposed variances to the street design standards specified in the Public Improvement Criteria Manual are listed at the end of this section for reference. 1. Single -Family Lot Size (Chapter 106, Section 106-333) Category Code Section Code Minimum Proposed Minimum Proposed PUD Standard At build -out of all lots, the Minimum Sec. 106- 50 feet 41 feet average lot width will Lot Width 333, Table B meet or exceed 40 feet At build -out of all lots, the Minimum Sec. 106- 6,000 sq. ft. 4,100 sq. ft average lot area will meet Lot Area 333, Table B or exceed 4,100 sq. ft. Purpose/Justification: Successful communities provide multiple lot sizes and home styles attractive to residents across multiple stages of the housing life -cycle. The 40'-wide lot allows for a 30'-wide building footprint, which produces a home size that is very popular in the leading master planned communities and appealing for first-time or younger home buyers as well as retirees or those seeking a "lock and leave" home. By providing these lot sizes in this community, the opportunity for individuals and families to move in and move up within the same community is created. At a minimum lot depth of 100 feet, the lots (41'-wide) will have a lot area of 4,100 square feet. Providing a range of housing products creates a more stable and resilient community while still achieving the City's overall density goals. 2. Single -Family Building Lines (Chapter 106, Section 106-333) Proposed Category Code Section Code Minimum Minimum Front Building Sec. 106-333, 25' front BL 20' front BL Line Table B Purpose/Justification: A 20' front building line is consistent with most cities and counties in the greater Houston area, especially around culs-de-sac and the "eyebrows"/"knuckles" of right-angle corners. The reduced building line still allows sufficient room for the sidewalk and underground utilities, while balancing the home within the lot between front and back yards. Enabling a 20' deep front yard and a 10' deep back yard. 3. Multi -Family (Chapter 106, Section 106-333) Code Category Set on Maximum Proposed Maximum Proposed PUD Standard Density Table B 20 Units/Acre 25 Units/Acre Density will not exceed 25 units/acre Maximum Units Table B 258 325 Total number of units will not exceed 350 Distance Table B 1000, 300' Distance between MF be reduced to 300' between MF Purpose/Justification: The multi -family complex is another component in the mix of housing types within a mixed use development, providing a key component in the housing life -cycle for young people who are not yet ready to own a home, and retirees who may require assistance or desire companionship in their day-to-day lives. The residents of the proposed multi -family complex will be able to enjoy the adjacent trail, park and public facilities in addition to the required on -site landscaping and open space, in addition to the amenities that may be provided internally to the multifamily complex. Multi -family complexes that have proven to be successful in the long term require a certain size and density to create the economies of scale necessary to promote long term stability and maintenance. Additionally, the economies created with facilities of this size generate the revenue necessary to ensure that routine maintenance and long-term capital reinvestment can be funded, which is critical to prevent blight associated with decline of the community. Low -density multi -family complexes do not generate adequate revenue to support full time on -site management and maintenance, nor can they support the level of amenities necessary to maintain the facility as a desirable location. Such multi -family complexes may succeed in the short term, but in the long term they will be unable to maintain their quality and character. Longevity and rejuvenation of housing stock are core concepts of the Comprehensive Plan and are vital to creating a successful and long-lasting community. This SCUP and General Plan constitute the highest and best possible use for this site and will create a high value mixed use development for the City of La Porte. Absent this approval, the site will likely remain dormant for the foreseeable future. The La Porte Zoning Ordinance cites the following three criteria for approval of a Special Conditional Use Permit: 1. The specific use will be compatible with andnotinjur'°ious to the use andenjoymentof otherproperty, nor significantly diminish or impair property values within the immediate vicinity.. Response: The proposed location and land uses within the general plan are compatible with or complimentary to the existing surrounding uses. The proposed land plan is generally consistent with the City's Future Land Use Plan. Property values in mixed use developments are historically higherthan values in typical stand-alone developments and grow and retain value better over time and through economic cycles. 2. The conditions placed on such use as specified in each district have been met by the applicant. Response: The conditions stipulated within the SCUP and General Plan will be adhered to by the developerand will be enforced by City staff during the platting, subdivision construction, and building permit phases of the project. 3. The applicant has agreed to meet any additional conditions imposed, based on specific site constraints and necessary to protect the publicinterest and welfare of the community. Response: The developer will comply with all city codes, except as consistent with variances granted herein, during the platting, subdivision construction, and building permit phases of the project. Based on the conditions included within this SCUP application, approval of this General Plan conforms to the City's Comprehensive Plan and meets the criteria for approval. We respectfully request your review and favorable consideration of this request. Please let us know if you have any questions or require any additional information. Regards, Matthew J. Wells President I W. 9K 1+,M-401H . .. ... .... .... ........ . .. . . .. ... LEGEND EXISTING TRAIL ROUTE PROPOSED TRAILS TRAIL NODES REGIONAL CONTEXT PLAN R D S Bay Forest Town Center N ROZIER I N.T.S. June 18, 2019 DesignFor information purposes only. Not for construction VENTERRA REALTY �wINn1U�n hNl3s�n I�oSsti aN �yo�����iN'sioz`c sv „ '01I'EJNIM.1 SllzW N did N3J �b'�Id UJOH<�< (alwl� say bH 3Sfl 43XIW 312iOd bl w /� � 31da s w d o.e Q z U Up n O U e _a0 2035 ACRES CITY OF LA PORTE BAY .FOREST GOLF COARSE vw HCCF g K-784741 _ w <n�ao, F a�2e :va o , I 7 I I p w o 1n o z la ( 9 0'0 H 8L4 Od 'LM l0A) 1tl000 / SM31NOISSIVIVIOO OO 9I99VH AB 03S 0 ' z �s � 1z yrm� z g w. LL p r o — !� w � o w ow o w d w� r w 6 w lbLb9L/ 300H > > 01 583NG65I00 = 00 5188tlH AB8 035010I I s 5 (13 OS bMLLL) S38OV 969'Z I 1N3W3SV3 30VNIVd0 w LLo w Im x. a 1----_— z rc w A Z < — U U�rr I jI I + 1 0 0 0 jII� I I I I I Z so yea.. 31s 10-N J 9" .1d NHEIH 31V1S T ,. co Lu U- I EA mnmiwimuo� uwnmiwnuw� City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEM 27 Future Land Use Map Amendment #19-91000008 A request by Wells Holdings, Inc., applicant; on behalf of 92 Fairmont Lakes, Inc., owner; for an amendment to the City of La Porte's Future Land Use Plan by amending the land use designation for a 56.7 acre tract of land legally described as Lots 1-33, Block 1267, La Porte Subdivision, Tract 1 M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey, from "Low Density Residential" and "Commercial" to "Mixed Use". Ian C/owes, City Planner Planning and Development Department City of La Porte, Texas Ian 111 g „11`ld Zoning 19 2019 IJ'I:Io,I dw?'nd, I1 111,ldf, 11 (,:,1,l1. Planning and Development Department Staff Report ISSUE Consider a recommendation of approval to the City Council for an amendment to the city's Future Land Use Plan as demonstrated in the attached Exhibits A and B. DISCUSSION Staff is presenting for consideration an amendment to the city's Future Land Use Plan in conjunction with a SCUP request on a 56.7 acre tract of land for a mixed use development. The site is currently undeveloped and is located at the northeast corner of SH 146 and Wharton Weems Blvd. The city's Future Land Use Plan (FLUP) identifies this property as "Low Density Residential" and "Commercial" land use. In order to accommodate the proposed development, the FLUP would need to be amended to allow for "Mixed Use". 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 amending the city's Future Land Use Plan, which was adopted as a component of the Comprehensive Plan. The LGC requires review of the proposed amendment by the Planning and Zoning Commission and consideration by the City Council. A public hearing will be scheduled at the time of City Council review. The Future Land Use Plan identifies the following surrounding land uses (see the attached Exhibit A): Land Use Development North PUD, Planned Unit Development Hawthorne at Bay Forest South PUD, Planned Unit Development Lakes at Fairmont Greens Subdivision West PUD, Planned Unit Development SH 146 East PUD, Planned Unit Development Bay Forest Golf Course p|anning and Zoning �ommim�ion Re�u|ar K8eetin� QeoemUeri@.2Oi@ FutunsLand Umep|anAmendment RECOMMENDATION Should the Planning and Zoning Commission desire to recommend approval for SCUP 19-91000008. then the cjb/o Future Land Use Plan should beamended aodescribed in this item. ATTACHMENTS Exhibit A: Current Future Land Use Plan CZ G a� O � O a � SW33M .2ibHM�9bl RMONT City of La Porte, Texas Planning and Zoning Commission December 19, 2019 AGENDA ITEM 28 a. Update on Chapter 106 Amendments Ian Clowes, City Planner Planning and Development Department City of La Porte, Texas