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HomeMy WebLinkAbout03-03-1999 Special Called Meeting of the La Porte Planning and Zoning Commission PLANNING AND ZONING COMMISSION MINUTES OF MARCH 3,1999 Members Present: Betty Waters, Jim Zoller, Michael Jetty, Dottie Kaminski, Hal Lawler Members Absent: Melton Wolters, Sandie Staniszewski City Staff Present: Planning Director Doug Kneupper, City Planner Masood Malik, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee 1. CALL TO ORDER. The meeting was called to order by Chairperson Waters at 6:02 PM. II. APPROVE MINUTES OF THE FEBRUARY 18, 1999, REGULAR MEETING. A motion was made by Jim Zoller to approve the minutes of February 18, 1999. The motion was seconded by Dottie Kaminski. All were in favor and the motion passed. III. CONSIDER RECOMMENATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU98-001 FOR PROPERTY LOCATED IN THE 2000 BLOCK OF POWELL ROAD (SO. 16T" STREET). THE APPLICANT IS SEEKING TO DEVELOP PHASE I OF A PELLETIZED PLASTICS STORAGE, SALES AND DISTRIBUTION FACILITY. THIS PHASE OF THE DEVELOPMENT WILL BE A RAIL- ORIENTED WAREHOUSE FACILITY CAPABLE OF HANDLING PRODUCTS BY RAIL AND TRUCK. THIS FACILITY WOULD BE DEVELOPED WITHIN A PLANNED UNIT DEVELOPMENT (P.U.D.) ZONE. Mr. Kneupper presented staffs report. The Special Conditional Use Permit was requested by La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., Stuart Haynsworth, General Partner and Daetwyler Enterprises, Corp. The overall size of the property in question is approximately 292 acres, with Phase I of the project being approximately 100 acres, zoned Planned Unit Development. A public hearing for a Special Conditional Use Permit was held by the Commission on July 21, 1998 and concluded the public hearing on August 20~'. The General Plan and a Development Agreement are being processed along with the Special Conditional Use Permit. Planning and Zoning Omission • Minutes of March 3, 1999 Page 2 of 5 Mr. Kneupper reviewed the following elements of the Development Agreement with the Commission: Article II: The General Plan is identified as Exhibit C. Article 111: Restrictive Covenants are identified as Exhibit E. Article V: Open Space/Trail, Buffering and Beautification for the project will include a 100' wide landscape buffer along the west side of Powell Rd. and a 50' wide landscape buffer along $H 146. In addition, landscaping will be provided within building setback areas and easements throughout the project. Article VI: Construction and Development Schedule Article VIII: Traffic Control Plan is identified as Exhibit G. All trucks will enter and leave the site via SH 146 and Wharton Weems Blvd. No trucks will proceed north along Powell Rd. to Fairmont Pkwy. The total number of drives along the feeder road of SH 146 is limited to 18. Paragraph 8.4 recognizes the benefits of the grade separation between Fairmont Pkwy. and the Union Pacific Railroad (the overpass). The Developer has agreed to contribute $50,000 towards a preliminary engineering study Exhibit A of the Development Agreement is the Special Conditional Use Permit. Exhibit B is the metes and bounds description covered by the General Plan. Exhibit C is the General Plan. Exhibit D is the Land Use Exceptions. Exhibit E is the Declaration of Covenants and Restrictions. Exhibit F is the Preliminary Detention/Open Space Plan. Exhibit G is the Traffrc Control Plan. Exhibit H is the Hams County Thoroughfare Design Guidelines. Staff recommended approval of the Special Conditional Use Permit, General Plan, Development Agreement and all of the exhibits included. Planning and Zoning C~ission Minutes of March 3, 1999 Page 3 of 5 John Armstrong reviewed the items he thought should be noted based on his review of the Declaration of Covenants, Restrictions, Easements, Charges and Liens for the Texas Import/Export Park. Stuart Haynsworth addressed the Commission and asked for their approval. A motion was made by Mike Jetty to recommend City Council approval of Special Conditional Use Permit #SCU98-001 including consideration of the comments made by John Armstrong, which are as follows: Declaration of Covenants. Restrictions. Easements. Charges and Liens for the Texas Im~ort/Export Park: 1. The submitted draft is obviously boilerplate and has not been specifically tailored to the Texas Import/Export Park. As such, numerous blanks need to be filled in, and numerous incorrect references (such as an incorrect recording reference on page 1) need to be revised. 2. Definitions for the City of La Porte, the Special Conditional Use Permit, and the Development Agreement need to be added. 3. In the definition of Common Areas and Common Facilities, the definition needs to be changed to indicate that at such time as the City of La Porte accepts by easement or fee facilities for park land within the boundaries of the tract, those areas will be removed from the definition of Common Areas and/or Facilities. 4. Provision needs to be included in the Deed Restrictions indicating that whenever there is a conflict between the Deed Restrictions and/or the Development Agreement, the terms of the Development Agreement will control and the Covenants and Restrictions shall be subservient to that. 5. Under Section 5, Additional Restrictions, speck provisions shall be made to prohibit the storage, on even a temporary basis, of shipping containers. Specific provision shall be made to merely allow the temporary loading and/or unloading of shipping containers, but only incidental to the raiUwarehouse areas, or the Light Industrial areas. 6. Covenants and Restrictions should run with and bind the development until a date certain in the year 2049. 7. The date at the end of the document needs to be changed from 1996 to 1999. Protective Covenants: 1. In Section 1, Permitted Uses, we need to refer to the General Plan and Exhibit "D" of the Development Agreement for a list of permitted uses and delete all other references to permitted uses in Section 1. • Planning and Zoning Omission Minutes of Man;,h 3, 1999 Page 4 of 5 2. Whenever there is conflict between the Protective Covenants, Speaal Conditional Use Permit, and/or the Development Agreement, the terms of the Development Agreement will control. 3. Under Section 3, Architectural and Design Control, delete inserted reference to "not considered architecturally finished" and a reference needs to be added that "no metal buildings shall be permitted." 4. Under Section 9, Screening, a provision needs to be added that screening will be provided for truck courts which face Powell Road and/or State Highway 146. 5. Under Section 12, Signs, Consistent with the terms of the Development Agreement, signage for the track shall be uniform and shall follow a consistent design throughout the development. A sign consultant shall be utilized to develop such uniform and consistent signage plan throughout the track and the plan that is developed shall be approved by the City of La Porte and be enforced throughout the track by the Association. No deviation in signage shall be permitted except by recommendation of the Board of the Association, and approved by the Planning Director of the City of La Porte upon such recommendation. 6. Under Section 24, Conflict with Deeds of Conveyance. Add another reference to my previous comment that the Development Agreement governs between conflicts and this document and the Development Agreement and/or Special Conditional Uses. The motion was seconded by Dottie Kaminski. All were in favor and the motion passed. Mr. Kneupper noted that a City Council public hearing would be held for this item on March 15"'. Chairperson Waters congratulated staff for their efforts and for all their hard work that went in to preparing the request for Commission approval. IV. CONSIDER APPROVAL OF THE PRELIMINARY PLAT FOR SUMMER WINDS SUBDIVISION, SECTION III. The City Planner, Masood Malik, presented staffls report. Eari Wilburn made application for the Preliminary Plat for Section III of the Summer Winds Subdivision. The amended General Plan for the subdivision was approved by the Commission on February 18"'. The General Plan was amended to reflect the addition of Section III, which consists of 3 Blocks, 37 Lots and a Restricted Reserve to be used for detention. Staff reviewed the Preliminary Plat and recommended approval. Planning and Zoning Co~mission • Minutes of March 3, 1999 Page 5 of 5 A motion was made by Jim Zoller to approve the Preliminary Plat for Section III, of the Summer Winds Subdivision contingent upon the following: Detention pond ownership and maintenance by the Homeowner's Association shall be stated on the Final Plat. Language in the covenants and on the face of the plat shall dedicate or transfer ownership of detention reserve to the Homeowner's Association. 2. Developer is responsible for construction and installation of sidewalks within the subdivision and shall be stated in writing on the front of the Final Plat. The motion was seconded by Mike Jetty. All were in favor and the motion passed. V. STAFF REPORTS Mr. Kneupper briefed the Commission on the progress of the Comprehensive Plan Steering Committee. The Land Use and Annexation element of the Comprehensive Plan was discussed at the last meeting. Mr. ICneupper announced that a joint meeting of the City Council, Steering Committee and Planning and Zoning Commission had been scheduled for March 10"'. During the meeting, the consultant will be giving an overview of the progress to date. VI. ADJOURN Chairperson Waters adjourned the meeting at 6:40 PM. submitted, Planning and Zoning Commission Approved on this 18"' day of March, 1999. ters Chairperson Planning and Zoning Commission • SPECIAL CONDITIONAL USE PERMIT #99-001 -' ~ITY OF LA PORTE ~ APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT Application No.: ~ 9 9 -• 4 OFFICE USE ONLY: Fee: $100.00 Date Received: - ~S- Receipt No.• ,S6 4~S Certified Plans Submitted: () General Plan () Major Development Site Plan (~ Minor Developement Site Plan () Preliminary Plat Person Making Request: ~~ly %~/ /~ - ~/¢~i~G2- Mailing Address: ~ ~ l l ~ /1/G~~~1 GynO ~ ~ ~ ~~f City/State: ,~ l4 ~ 0 ~ r~- ~ Phone• ,2b~1 ~~~~" ~~~1° BUSINESS NAME: ,, ~ ~/9'T P~~ ~e '~ PROPERTY ADDRESS: ~ o~ f ~ ~ti~~2 GJO 0 ~ ,~a/ ~~~ ,p , LEGAL DESCRIPTION: ~/f /-0~1-~ Dt,~ t l ~T ~/ ~ (~ Q ZONE: G C ~ SIC USE CATEGORY: _~~•~- TYPE OF BUSINESS: D-~~ S f 7~ ~,eyRk: vG ~~ /L C~~ ~ -~ 5 - q 9' ~-~ DATE O R OR AUTHORIZED AGENT OFFICE USE ONLY Date of P & Z Public Hearing: /I/~G~iL~ /~ lg49. Recommendation: Y or N Date of City Council Meeting: ~ C. !d 9 9 9 Approved: Y or N Zone• ~ C This application is : Approved () Denied ( ) Permit No. CLP JOB # 99 _ ~,ZO 6 (If Assigned Yet) Conditions• DATE ZONING ADNIINISTRATOR • Stall' Report Off-Site Parking March 18,1999 Special Conditional Use Permit #99-001 nest: Special Conditional Use Permit Request #99-001 Requested By: Mr. Melvin Walker Requested For: Approximately 0.22 acre (9, 769.68 sq. ft.) being part of 0.9534 acre of land out of and part of Outlot 490, La. Porte Outlots as recorded in Volume 1, Page 33 of the Harris County Map Records, in the Nicholas Clopper Jr. Survey A-198 and the Enoch Brinson League 1-5, City of La Porte, Harris County, Texas. The property is located in the 2200 Block of Underwood Road. Present Zoning: General Commercial (GC) Requested Use: Applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of allowing construction of an Off-site parking lot for a restaurant. The Section 106-441 of Zoning Ordinance classifies this type of development as Conditional Use. Background: Mr. Melvin Walker is working towards reopening arestaurant -and needs additional parking to meet City's requirements. Mr. David Schoolcraft owns property behind restaurant and will lease to Mr. Walker as parking area. The permit, which is being requested by Mr. Melvin Walker, the tenant, of the said land leased from Mr. David Schoolcraft, the property owner, seeks approval to construct an Off-site parking lot which is to serve a restaurant located at 2219 Underwood Road. Oil site parking within General Commercial Zone is described as a Conditional Use by Section 106-441 of Zoning Ordinance. Analysis: Zoning Ordinance Section 106-217 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. That the conditions placed on such use, as specified in each district, have been met by the applicant. Off-site Parking • SCU99-001 Page 2 of 2 ' That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. Staff would note that the tract in question is abutted on front by a commercial property with a food store and a restaurant, asphalt parking lot of Sam T's on the South, and undeveloped commercial site on the North (Exhibit A). The property intended for business is located in an azea with very little off-street parking. Therefore, additional off-site pazking would be required to meet City's parking requirements. Moreover, there is no reasonable location on the existing business site to provide anOff-site P~g• However, property needs to be screened. Landscaping, in accordance with the required screening per Section 106-444(a) would be required. The restaurant, which depends upon off-site parking, shall require a certificate of occupancy, renewable annually, as regulated by Section 106-142 of the Ordinance. As proposed, the pazking lot complies with all applicable zoning regulations. Parking spaces and maneuvering aisles are of adequate dimensions. The location of the handicap parking spaces is appropriate. Access from off-site parking to ~e building is reasonable (Exhibit B). The parking lot will serve the business that might expand in future. So, it will benefit the azea by moving cars offthe street into proper and adequate parking azea. Conclusion: Staff recommends the approval of SCUP#99-001 with the following conditions in place: ' Off-site parking shall comply with all parking standazds. ' Screening and /or landscaping of parking lot shall be required. ' Lease agreement, duly approved by the City Attorney, shall be filed with the City Secretary. ' A certificate of occupancy, renewable annually, shall be required. ' The applicant will pay the cost of public hearing. C~ EXHIBIT A ac rood Q ~~ • ~~ °~"" 489 2219 I 023- 14 I -OQO-0489 PROPOSED PARKING LOT ~ 2219 I O 10R1~11Y I O 31uA'IY TROT. ~ 490A I Z ~ 4908 I 2223 ~ -0588 ~ ~ (~ --- ~ N.T.S. EXh I BIT "A" 0.22 AC. TRACT TO BECOME PARKING SPACE FOR EXISTING RESTAURANT ~ 22 19 UNDERWOOD RD. 2199 023- 14 I -000-0624 N . "H" ST. 490 • EXHIBIT B RP A• 1 _ ~----^___r__~_ ~' -' __ _ • .. ~ ~ oal) I M a ,. -, - :, ,'° ".. . .. C]N Qt/Od CIO Md~ . ~ ~} ~ _ - ____ _ • - •' na F F ,riS4L IA"9GL0.90N ° e ~ " ' ~ ' . i A 0 I '~~11 9 6R:.,. 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