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HomeMy WebLinkAbout04-15-2004 Regular Meeing and Public Hearing of the La Porte Planning and Zoning Commission . . Minutes of the Meeting . . PLANNING AND ZONING COMMISSION MINUTES OF APRil 15, 2004 Members Present: Betty Waters, Dottie Kaminski, Ralph Dorsett, Doretta Finch, Nick Barrera, Paul Berner, and Alternate Member Hal Lawler Members Absent: Kirby Linscomb, Jr. and Alternate Member Ross Morris City Staff Present: Interim Planning Director, Nicholas Finan; City Planner, Wayne Sabo; Planning Coordinator, Masood Malik; City Prosecutor, Clark Askins; and Planning Secretary, Peggy Lee I. CAll TO ORDER Meeting called to order by Chairperson Waters at 6:00 P.M. II. APPROVE MINUTES OF THE MARCH 29, 2004, REGULAR MEETING & PUBLIC HEARING. Motion by Ralph Dorsett to approve the Minutes of March 29, 2004. Chairperson Waters asked for an amendment to the minutes to reflect she did not vote on Item XV (Special Conditional Use Permit SCU04-003 for a multi-family development for Robert Burchfield). Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Dorsett, Finch, Kaminski, Barrera, Berner, Lawler, and Waters None None III. CONSIDER A PRELIMINARY PLAT FOR GREEN CREST SUBDIVISION TO BE lOCATED ALONG NORTH "l" STREET NEAR UNDERWOOD ROAD. City Planner, Wayne Sabo, presented staff's report. The proposed Green Crest subdivision consists of 54 single-family units on 12.95 acres along Underwood Road and North ilL". The property is zoned R-1 and General Commercial. Staff recommended approval of the preliminary plat with conditions outlined in the report. Chairperson Waters recommended this item be tabled until after the public hearing item to rezone a portion of this property. . Motion by Paul Berner to table consideration of the preliminary plat for Green Crest Subdivision until after the public hearing item to rezone. Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Berner, Finch, Dorsett, Kaminski, Barrera, Lawler, and Waters None None Planning and Zoning comm.n Minutes of April 15, 2004 Page 2 . Immediately following action on the rezone request (Agenda Item VI), discussion resumed on the Preliminary Plat. Discussion items included sidewalks, traffic movement, and detention. Motion by Nick Barrera to approve the preliminary plat for Green Crest Subdivision with the following conditions: · Construction drawings shall indicate off-site drainage improvements to ensure proper drainage of the adjacent properties. · The developer is responsible for installation of sidewalks along both sides of all public streets within the subdivision and along east and west right-of-way line of North ilL" Street towards the end of the subdivision line. The developer shall also work with the City and La Porte Independent School District to provide sidewalks from east of the subdivision to connect with the driveway at Lomax Junior High. · 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. Second by Ralph Dorsett. The motion carried. Ayes: Nays: Abstain: Barrera, Dorsett, Berner, Kaminski, Lawler, and Waters None Finch IV. OPEN PUBLIC HEARING TO CONSIDER REZONE REQUEST #R04-003 FOR 1.5 ACRES OF LAND LOCATED IN THE 1600 BLOCK OF UNDERWOOD ROAD AT -NORTH ilL" STREET, FURTHER DESCRIBED AS TRACT OUT OF LOT 411, LA PORTE OUTLOTS, ABSTRACT NO.5, ENOCH BRINSON SURVEY, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, FOUR BEES JOINT VENTURE, SEEKS TO REZONE THE PROPERTY FROM GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (R-1) FOR SINGLE-FAMILY DEVELOPMENT TO BE KNOWN AS GREEN CREST SUBDIVISION. Chairperson Waters opened the public hearing at 6:10 P.M. A. STAFF PRESENTATION Mr. Sabo presented staffs report. The applicant seeks a rezone from General Commercial to Low-DensitY Residential for single-family residential development known as Green Crest Subdivision in the 1600 block of Underwood Road. The City did not receive any responses from 13 mail-outs. B. PROPONENTS The applicant, Richard Can~ler with Civil Concepts, spoke in favor of the rezone, citing it would serve as the highest and best use for the property. Planning and Zoning comm.n Minutes of April 15, 2004 Page 3 . C. OPPONENTS There were none. V. CLOSE PUBLIC HEARING. Chairperson Waters closed the pUblic hearing' at 6:15 P.M. VI. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R04-003 FOR t.5 ACRES OF LAND LOCATED IN THE 1600 BLOCK OF UNDERWOOD ROAD AT NORTH "L" STREET, FURTHER DESCRIBED AS TRACT OUT OF LOT 411, LA PORTE OUTLOTS, ABSTRACT NO.5, ENOCH BRINSON SURVEY, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, FOUR BEES JOINT VENTURE, SEEKS TO REZONE THE PROPERTY FROM GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (R-1) FOR SINGLE-FAMILY DEVELOPMENT TO BE KNOWN AS GREEN CREST SUBDIVISION. Brief discussion regarding detention pond remaining in General Commercial, and estimated selling price for the homes. Motion by Hal Lawler to recommend to City Council, approval of Rezone Request #R04- 003 for 1.5 acres of land located in the 1600 block of Underwood Road at North ilL" Street. Second by Nick Barrera. The motion carried. Ayes: Nays: Abstain: Lawler, Barrera, Kaminski, Finch, Dorsett, Berner and Waters None None The Commission continued discussion on the Preliminary Plat for Green Crest Subdivision. See Agenda Item III for action. VII. OPEN PUBLIC HEARING TO CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU04-004 FOR 4.00 ACRES OF LAND LOCATED AT 2619 UNDERWOOD ROAD, FURTHER DESCRIBED AS TRACT OUT OF LOT 10, BLOCK 2 OF THE W.J. PAYNE SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANTS, LLOYD & LINDA DUNCAN, SEEK A SPECIAL CONDITIONAL USE PERMIT FOR DEVELOPING A "MINI-STORAGE AND WAREHOUSING FACILITY IN A GENERAL COMMERCIAL (GC) ZONE. Chaiperson Waters opened the public hearing at 6:29 P.M. A. STAFF PRESENTATION Planning Coordinator Masood Malik presented staff's report. The applicant has requested a special conditional use permit for mini~storage and warehousing on a four-acre tract at 2619 Underwood Road. Planning and Zoning comm.n Minutes of April 15, 2004 Page 4 . B. PROPONENTS The applicant, Lloyd Duncan, 1822 Gaucho, La Porte, addressed Commission concerns and indicated a willingness to provide ample landscaping, adequate detention, and downward lighting for the facility. C. OPPONENTS There were none. Earl Shanks, 202 S." 3rd, La Porte, questioned whether or not Underwood Road could hold additional drainage from new developments. Mr. Finan explained that on-site detention is required. VIII. CLOSE PUBLIC HEARING. Chairperson Waters closed the public hearing at 6:50 P.M. IX. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU04-004 FOR 4.00 ACRES OF LAND LOCATED AT 2619 UNDERWOOD ROAD, FURTHER DESCRIBED AS TRACT OUT OF LOT 10, BLOCK 2 OF THE W.J. PAYNE SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANTS, LLOYD & LINDA DUNCAN, SEEK A SPECIAL CONDITIONAL USE PERMIT FOR DEVELOPING A MINI-STORAGE AND WAREHOUSING FACILITY IN A GENERAL COMMERCIAL (GC) ZONE. Chairperson Waters asked the Commission to consider, if approving, the conditions outlined in staffs report, which she read. Motion by Hal Lawler to recommend to City Council, denial of Special Conditional Use Permit Request #SCUQ4-004 for 4.00 acres of land located at 2619 Underwood Road for developing a mini-storage and warehousing facility. Second by Nick Barrera. The motion carried. Ayes: Nays: Abstain: Lawler, Barrera, Finch, Berner, and Waters Kaminski Dorsett X. OPEN PUBLIC HEARING TO CONSIDER ADDITIONAL REGULATIONS FOR THE MAIN STREET DISTRICT, WHICH INCLUDES THE AREA ALONG MAIN STREET FROM STATE HIGHWAY 146 TO APPROXIMATELY ONE BLOCK EAST OF BROADWAY. Chairperson Waters opened the public hearing at 6:56 P.M. A. STAFF PRESENTATION Mr. Finan gave a brief presentation about activities to date, which are very preliminary. The purpose of the public hearing is to gain input from the Planning and Zoning comm.n Minutes of April 15, 2004 Page 5 . community that will be used by the Main Street Committee, the Planning and Zoning Commission, and City Council, for final consideration. B & C. PROPONENTS & OPPONENTS Earl Shanks, 202 S. 3rd: No setbacks. Limit storage. No containers on streets. Upstairs studio. Jerry Carpenter, resident of block 55: 600 Block (EI Toro) for preservation, 400 to Broadway; 600 to 146 less control. Use of grant funds to restore historical buildings. City shouldn't tell property owners what can/can't be done. Don Hulen, 302 S. Oak, Morgan's Point: Allow tin buildings. Parking is an issue. How will plans impact rental properties at 3rd and 8th Streets? Relax setbacks. Neil Hovey: Parking problems. Bob Schlenk, Vice-Chairman of Main Street Committee, 620 S. 4th: Opposes District. Favors cleaning up properties. Remove setbacks. Find parking in area. Fix sidewalks, street sweeping, and drainage on 2nd St. Lighten up on zoning. Cliff Kirmss, lives on boat in Seabrook: Enough rules and regulations. Drainage problems; dig out trench. Doesn't want to be told how to do buildings. Brenda Brown, 631 Fairfield: Parking is problem (need alley), but none available. Too strict. Lisa Cook, 1517 Hwy. 146 S.: Parking is problem. Sidewalks. Awnings give character. No more rules and regulations. John Lair, 10844 Spruce Dr. S.: Wants less regulation. Committee to move forward to take down ''fences''. Would like to see a positive approach of working together. Charlie Boyle, 119 S. 2nd: Relax regulations. Not many new businesses. Shell alleys - City doesn't maintain or cover. Lights in alley. Mow grass. Need ordinance to protect District from City and staff. Steve Williams, representing property owner of 207 W. Main: Need more communication with owners on Main St. Place Main Street Committee minutes on website. JJ Meza, resides in Fairmont Park and owns property on Main St.: Opposed to regulations. Should not make all buildings look similar. Sue Gale Mock-Kooken: Historian for Main Street Association willing to offer pictures. .Planning and Zoning commisl Minutes of April 15, 2004 Page 6 . Frank Hoot, 112 S. 7": Prematu.re to ask for "in favor" or "against." Committee . will be good. Construct parking where building burned:' Need City, County; & State to get together. Control activity and building types. . .. . Gloria Lair, 10844 Spruce Dr. S: Expa.nded business, despite regulations. Sign regulations.. Need to spread word that La Porte is a great place to live, shop, and . work. Positive approach. .. Tom Parker, 717 Yale, Deer Park, .owns Two. Sisters Tea Room on Main @ .Broadway: Not sure if "for". or "against." Parking is a problem. Will purchase and donate lots next to Texaco if City will construct parking lot. XI. CLOSE PUBLIC HEARING. Chairperson W~ters closed the public hearing at 8:17 P.M. XII. .CONSIDER RECOMMENDATION TO .CITY COUNCIL REGARDING ADDITiONAL REGULATIONS FOR THE MAIN STREET DISTRICT, WHICH INCLUDES THE AREA . ALONG MAIN STR,EET FROM STATE HIGl:iWAY146 TO APPROXIMATELY ONE. BLOCK EASr OF BROADWAY. . . . . . Several Commission .Members made comments. Chairperson Waters, Hal. Lawler arid ... . Nick Barrera spoke on balancing historic with business and Lise of GIS to get informati~n - out No action was taken. . . . XIII. . . STAFF REPORTS, None: XIV. ADJOURN Chairperson Watersadjoumed the meeting at 8:17 P.M. . S~.blTlitted by,. . . ..~ . Planning Secretary . .. Approved on this . :l1J day of . . . .~t"~A~. 'BettY WSilrS'. .. . . . Planning and Zoning Commission Chairperson. .~.... ~ ,2004..: . ,. ,... . . Fairmont Park East Section Eleven Final Plat Exhibits A. Commission's Action Request B. Aerial Map C. : Zoning Map D. Staff Report E.. . Application F. Final Plat Fairmont Park East, Section Eleven (Final Plat) Planning and Zoning co"ion May 20, 2004 . Summary: Recommendation: Action Required by the Commission: (R-l) (R-l) On April 14, 2003, City Council approved the Commission's recommendation and established Ordinance #1501-YY rezoning of 19.3756 acres of land along the east and west sides of Myrtle Creek Drive just north of Spencer Highway from General Commercial (Ge), Neighborhood Commercial (NC), and High Density Residential (R-3) to Low Density Residential (R-l) for proposed development of Fainnont Park East Section Eleven. At the Commission's October 16, 2003 meeting, the preliminary plat for Fairmont Pm East, Section Eleven was approved with conditions. As a part of the Commission's conditional approval of the pre1iminmy plat, the applicant submitted a rezone request for unrestricted reserve along Spencer Highway. The P1anning and Zoning Commission held a public hearing at their November 20, 2003 meeting and recommended it to City Council. City Council approved the zone change request at their January 12, 2004 meeting. Staff reviewed the final plat with all required documentation and construction dIawings and found it be in substantial compliance with all applicable regulation of the ordinance. Staff recommends approval of the final plat subject to the following provisions: . All construction improvements are complete at site. . Furnish approval letter from the Harris County Flood Control District (HCFCD) for the drop structure on Big Island Slough. . Sidewalks shall be installed along both sides of all public streets and along detention area to connect block 2 and block 3. . Sidewalks are constructed along north side of Spencer Highway on both directions leading to the Big Island Slough on the east and towards west end of the subdivision. . Add a note on the face of the plat that maintenance of 20' utility easement, drop structure to Big Island Slough, and the detention basin will be the sole responsibility of the Homeowner Association. . Payment of $319.41 shall be made to the City for street sign installation. . Payments shall be ~ to the City in the amount of $2760.00 and $2355.84 for twelve (12) streetIights installation and I-year service cost. . Payment of $10,850.00 shall be made to the City in lieu of parldand dedication Approval of the Final Plat withholding signature and recordation until above are complied. This will authorize the developer to begin construction of subdivision improvements. Disapproval of the Final Plat and supporting documents as filed. This will require the developer to file a new Final Plat with the required 4ocuments. .~ X~~~tnr~ . . Staff Report Fainnont Park East, Section Eleven Final Plat May 20, 2004 Reauested Action: Consideration of Final Plat for Fairmont Park East, Section Eleven Reauested Bv: Mr. Eddie V. Gray, Trustee Reauested For: A 19.3756 acres ofland out ofW. 1. Payne Subdivision in the William M. Jones Survey, Abstract No. 482, Harris County, Texas. Present Zonin!!: Low-Density Residential (R-l) Reauested Use: Residential Subdivision - (Single Family Dwellings) Backe:round: At the October 16, 2003 meeting, the Commission approved the preliminary plat for Fairmont Park East, Section 11 with the following conditions: . Ensure positive drainage along north property line. The construction drawings shall indicate off-site drainage improvements to ensure grade elevations do not conflict with the adjacent Creekmont Subdivision. . Show 30' utility and landscaping reserve on both sides of the intersection at King William Drive and Spencer Highway. As a result, the property lines for lots 1-5 of block 3 and lots 1-7 of block 1 shall be reconfigured. . The developer is responsible for installation of sidewalks along both sides of all public streets within the subdivision and along east and west right-of-way line of Myrtle Creek Drive. . Sidewalks shall be installed around the detention area along King William Drive and Spencer Highway up to east and west end of the subdivision line. . Reconfigure lot 1 of block 1. Provide screening around Southwe~ern Bell's utility facility. . Unrestricted Reserve No. 1 along Spencer Highway must be rezoned prior to the filing of the Final Plat. Earlier, the Commission recommended to City Council Rezone Request #R03-001. On April 14, 2003, City Council affirmed the Commission's recommendation and established Ordinance #150l-YY rezoning of 19.3756 acres of land along the east and west sides of Myrtle Creek Drive just north of Spen~ Highway from General Commercial (GC), Neighborhood - "- Commercial (NC), and High Density Residential (R-3) to Low Density Residential (R-l) for proposed development of Fairmont Park East Section Eleven. ~H~rmllJf' D Fainnont Park East, Section Eleven a Plat 5120/04 - P & Z Meeting Page 2 of4 . As a part of the Commission's conditional approval of the preliminary plat, the applicant submitted a rezone request. The Planning and Zoning Commission held a public hearing at their November 20, 2003 meeting and recommended it to City Council. City Council approved the zone change request at their January 12, 2004 meeting. So, the applicant fulfilled last of the above conditions. The applicant submitted a Final Plat for Fairmont Park East Section Eleven, a residential subdivision off Myrtle Creek Drive and Spencer Highway. As shown on the plat, there are 4 blocks and 62 lots with two points of access into the subdivision at Myrtle Creek Drive and Spencer Highway. Analvsis: Section 4.03 and Appendix D of the City's Development Ordinance establish review criteria for major subdivisions. Staff also used criteria in the City's Zoning Ordinance and Comprehensive Plan to review this project. Land Use - The project's proposed residential use conforms to the character of the surrounding land uses and the R-l zoning district. Properties adjacent to the proposed subdivision are overwhelmingly residential with some commercial developments along Spencer Highway. An Unrestricted Reserve (0.55 acre), at the southwest corner of the subdivision along Spencer Highway, is zoned General Commercial. As per Commission's action on the preliminary plat, the developer has provided a 30' landscaping easement along Spencer Highway just south of lot 1 of Blocks 1 and 3. As a result, the property lines for lots 1-5 of block 3 and lots 1-7 of block 1 were reconfigured. The purpose here is to ensure that the proposed housing units are located at adequate distance from the intersection with Spencer Highway. Transportation/Interior Circulation - The proposed subdivision is to be located just north of Spencer Highway (100' ROW) and along east and west of Myrtle Creek Drive (80' ROW), a primary access to the Creekmont Subdiyision. Section Eleven east & west have accesses on Myrtle Creek Drive as well. The proposed subdivision shows internal streets with 50' of public right-of-way. Spencer Highway, a primary arterial, should easily accommodate the traffic generated by this development. The proposed development is in conformance with the City's Development Ordinance and the Thoroughfare Plan. Sidewalks - The developer shall be responsible to construct sidewalks along both sides of all public streets within the subdivision and along detention area to connect block 2 and block 3 at King William Drive. Staff recommends sidewalks along east and west of Myrtle Creek Drive and along Spencer Highway up to Big Island Slough on the east and towards west end of the subdivision line. Fainnont Park East, Section Eleven~ Plat 5120/04 - P & Z Meeting Page 3 of4 . Parks and Recreation - Section 12.0 of the City's Development Ordinance requires the developer to provide on site open space and recreational park or fees in lieu of parkland to the City. Per the Ordinance, an area of land dedicated to the City for parkland purposes shall equal one acre for each 160 proposed dwelling units. This subdivision has 62 lots. Based on the above formula, the area required for parkland equals 16,880 sq.ft or 0.3875 acre. Therefore, money in lieu of parkland dedication ($175/1ot) shall be applicable in this regard. Utilities - There are sufficient water and sewer facilities in the vicinity to provide services to this proposed development. The developer is responsible for providing all necessary public infrastructure to accommodate the subdivision's water and sanitary sewer needs. The design and construction of all water and sewer systems shall be in conformance with the City's Development Ordinance and Public Improvement Criteria Manual (pICM). Drainage - Storm water design and management were the issues resolved carefully with the developer of the proposed subdivision. The proposed section is adjacent to Harbor Bay Apartments. A 20' drainage easement is secured which runs through the proposed subdivision and outfalling into the Big Island Slough. The developer agrees to allow the storm water runoff from the apartments to "pass through" the subdivision's detention pond. The detention area's size and capacity were reviewed to ensure that it will adequately serve the proposed development and accommodate the "pass through" storm water from the apartments. The developer provided all the necessary easements required for proper drainage. In addition easements were secured to provide access to the City's existing lift station in the northeast comer of the proposed subdivision. Staff also ensured that current changes in elevation will not impact the drainage of the adjacent Creekmont subdivision. Conclusion & Recommendations: Staff reviewed the Final Plat and found it to be in accordance with the Development Ordinance of the City. Staff recommends approval subject to the listed items that need to be addressed prior to the recordation of the Plat: . All con~ction improvements are complete at site. . Furnish approval letter from the Harris County Flood Control District (HCFCD) for the drop structure on Big Island Slough. . Sidewalks shall be installed along both sides of all public streets and along detention area to connect block 2 and block 3. . Sidewalks are constructed along north side of Spencer Highway on both directions leading to the Big Island Slough on the east and towards west end of the subdivision. Fairmont Park East, Section Eleven ~ Plat 5120/04 - P & Z Meeting Page 4 of4 . . Add a note on the face of the plat that surface maintenance of20' utility easement to Big Island Slough and detention basin will be the sole responsibility of the Homeowner Association. . . Reference of the above should also be noted in the subdivision's covenants and restrictions provided to be approved by the City Attorney. . Payment of $319.41 shall be made to the City for street sign installation. . Payments shall be made to the City in the amount of $2760.00 and $2355.84 for twelve (12) streetlights installation and I-year service cost respectively. . Payment of $10,850.00 shall be made to the City in lieu of parkland dedication. Options available to the Commission are as follows: . Approval of the Final Plat withholding signature and recordation until the above are complied. This will authorize the developer to begin construction of subdivision improvements. . Disapproval of the Final Plat and supporting documents as filed. This will require the developer to file a new Final Plat with the required documents. r. UC: . CITY Of. PORTE PLAT JP,,'AJOR DEVelOPMENt SUBMITTAL.. APPl!CA lIo.N oma U!RONLY ,I... (AU ptat .s~bmitta'5 to b~:reviewed and considered - for presell1tation to the. Planning and Zoning Conun.ssian must be Iccumpanied by this application. and necessary. documentation listed . herein. Submitta'~ wid not be reviewed by staff wtthout this application.) . . 1)1\T! "&E..roavED: 1- 'i- (J It SUDmT.Al.1: . 04 _. (') / .manJ: ~ d/9~. PLAHNING & ZO~G MEEtiNG DATE: -r 81>.. . Type .of Submittal: General Plan L) Preliminary Plat U Final Plat (!J Major Dev.elopment Site Pllm LJ. . Date: . . 1/6/04. . . . . . '. . Contact P~rson(s).: J.. w. . Gartre 11. 11~ ' Phone: 409-.935-2462 . Na~e of'P'QP~sed DeveiQ~me~t: . Fairmont Park East, .Sectio.n 11 ., . . . , . . Name of Dev8Iop~Ir:. . Eddie V. ...Gray.; Trustee ,. . . . . Phone~.. ..281-..;422-3~7T. Address of Develope,:. P .. . 0 ~ . . . .... . Number o~ S8CCi.Ofl.s:. . I.. Legal D~scripdon.:Qf Pr~perty: Box. .63.8'-. Bciytown, 'Texas .77522 ... . . . ".,." .. Number..af Lots: Shown on Plat ~ J.. ,. .f " Fl~ng Fee: .. . j lS"{) . . Receipt ,: .. . .. ~ . . . "~IIi '^. .' . Amount: . . Checks 'should be '.made payable t.o the...City of La POl1e. . . ..".... . . US! All Other .Contact Persons: NillQt Address . .. .. . Pl10ne F'ax . - . . I ~fj... . . Zo.ne Change Request #R04-004 Exhibits A. Commission's Action Request B. Aerial Map c. Zoning Map D. Staff Report E. Application F. Public Notice Responses G. Sketch Plan . Zone Change Request #R04-004 Planning and Zoning Commission May 20, 2004 . A Iicant Present Zonin Requested Zoning Acreage to be Rezoned Surrounding Zoning . Summary: . . . . . . Recommendation: Actions required by the Commission: 700 Block of South Broadwa Lots 2 thru 31 of Block 1254, W. P. Harris Survey, Abstract No.. 30, La Porte, Harris County, Texas. F. Carrin on Weems Low Densi Residential -1 Neighborhood Commercial (NC) Approx. 2.00 acres North Low density Residential (R-l) East S. Broadway South Low Density residential (R-l) West PUD a Forest Golf Course Residential Office Buildin The applicant seeks a rezone from Low-Density Residential (R-I) to Neighborhood Commercial (NC). The purpose of the zone change is to allow an office building for public acCOWltant, insurance agent, etc. The City's Land Use Plan shows the subject tracts developing as Low Density Residential. Nearby properties are a mixture of mid-density and single-family residential and the Golf Course. The adjacent properties are zoned low-density residential except PUD for the Bay Forest Golf Course. The effect of the change from R-I to NC should not have an adverse impact upon the infrastructure. Traffic may be affected by this proposed development. Staff recommends denial of the zone change request #R04-004 with the following considerations: · La Porte Comprehensive Plan & TIRZ Board envisioned this area developing as low density residential. . The requested change is not compatible with the zoning and uses of nearby properties. . Change from R-I to NC could be considered spot zoning. . Integrity and beautification of the Golf Course will be injeopardy. . Once zoned, conditions cannot be placed on development (e.g. types of offices, buffers, landscape, design of road and drive access). . Recommend to Council approval of this rezone request #R04-004. . Recommend to Council denial of this rezone request #R04-004. . Table this item for further consideration by the Commission. .:~IHIUt!\1lf 1\ . . statY Report ReQuested by: ReQuested for: Locations: Present Zonine:: 700 Block of S. Broadway R-l toNC Zone Change Request #R 04-004 May 20, 2004 F. Carrington Weems, Trustee Lots 2 thru 31, Block 1254, Town of La Porte. 700 Block ofS. Broadway Low-Density Residential (R-l) ReQuested Zoninl!: Neighborhood Commercial (NC) Backe:round: Analvsis: The subject property comprises ::1:2 acre of land out of W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The tract is adjacent to the Bay Forest Golf Course along S. Broadway. West 'R' Street, the main entrance to the golf course, is to the north of this property. Public right-of-way for the West'S' Street (unimproved) is to the south. The Vista Baywood Apartment Homes are, across the street to the east. There are three new single-family houses just north of 'R' Street along S. Broadway. A neighborhood convenience store is located in the vicinity. Earlier, the applicant had a swap of land with the City. In lieu of two lots 24 & 25, the comer lots (1 & 32) adjacent to the golf course were transferred to the City. In addition, 16' public alley was swapped with a strip of land to the west along the Golf Course property. The applicant seeks a rezone from Low-Density Residential (R-l) to Neighborhood Commercial (NC). The purpose of the zone change is to allow an office building for public accountant, insurance agent, etc. In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Parks and Recreation, Utility Infrastructure, arid Redevelopment. The specific issues considered are as follows: Land Use -- Review of the. City's Land Use Plan shows the subject tracts developing as Low Density Residential. Currently, the adjacent properties are a mixture of mid -density and single-family residential and a commercial use. The proposed rezone may not be appropriate with these uses nor, after rezone, would activity within the site be limited. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered in approving or denying a rezoning application. Other criteria may include: iXHI~ff D .. . ~'S . . Rezone Request #R 04-004 P & Z (5/20/04) Page 2 of3 . Character of the surrounding and adjacent areas; . Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land use classifications; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; . Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Transportation - The tracts in question gain access on S. Broadway (Old Highway 146), a primary arterial with 100' ROW may accommodate the additional traffic generated by this proposed development. Commercial activity, however, may have an impact with the design of driveway access and client flow. Utilities - Water and sewer services are available along S. Broadway. An 8" water line runs northsouth along east side of S. Broadway. A 10" sanitary sewer line is along west side of S. Broadway. In addition, the developer must provide any structures or improvements necessary to serve this development. Storm water drainage and detention will be reviewed for the proposed development at the time of plan submittals. LandscapinglScreening - The property abuts the Bay Forest Golf Course to the west, "R" Street, which is the main entrance to the golf course on the north. The most public face of the property is along S. Broadway. Staff suggests that a substantial portion of the facility's landscaping should be placed along Broadway and West "R" Street to screen it from patrons and visitors of the golf course. The building style coupled wjth the proposed lan~scaping and setbacks are critical to maintaining attractive facilities and bring compatibility with surrounding properties. Screening would be required along north and west sides of the property. After rezone, however, there is no guarantee that this could occur. '~.~ _r . . Rezone Request #R 04-004 P & Z (5120/04) Page 3 of3 Conclusion & Recommendation: The City's Comprehensive Plan and TIRZ Board envisioned this area developing as residential. Based upon the above findings and prevailing development in the area, staff finds the adjacent properties are a mixture of mid-density and single-family residential and some commercial uses. The property in question is not suitable for the requested change to NC. It may be subject to a spot zoning. The development within the subject tract will negatively impact the surrounding properties and may hann the value of nearby properties. Furthermore, it will have a significant impact upon the major thoroughfare leading to the Golf Course. It is envisioned that the area around the Golf Course be developed as upscale residential. Actions available to the Commission are listed below: . Recommend to Council approval of the zone change from Low- Density Residential (R-l) to Neighborhood Commercial (NC); . Recommend to Council denial of the zone change from Low- density Residential (R-l) to Neighborhood Commercial (NC). . Table the item for further discussion by the Commission. .' .A. ., . City of LaPorte. . Established 1892 APPLICATION FOR ZONE CHANGE REQUEST . Application No.:. C) It.- tJCJ 'I Date Received: -q:... lo... D ~~ Receipt No.: .. 7 h 3 7.3 - FEE: $ 300.00 OFFICE USE. ONLY: (~ Sit~ Plan ( ) Minor Development Site Plan ( ) Major Development Site Plan ( ) General Plan ( ) Site Plans Submitted on . Appliant's Name: F. Carrington Weems Address: 1603 West Clay . Houston, Texas //Ul~ Ph: 713 - 658~~ Signature: . "7.. ~ It~ . /. . ..'- Date: 4/2/2004 Owner's Name: F. Carrington Weems Address: 1603 Wes t C"lay . Ph: .ijqyston;.Texas 77019 Prop~rty Legal Description: UJts.:>-2 through 31, B1ock7~5~,:,() See Attached I AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND 5ruce Zone: R-1 . . . IS AUTHORlZEDITO Fll..1 E lJIIS APPLICATION ON MY BEHALF. ., phone no. -zlf~ -li7r::S7q7. ~. . . .. ..... Signature: . - ~ p);/ka-( . _ Neighborho d . Requested ~one Change: Commercial SIC No: Hammack . Date: 4/2/2004 Proposed Usage: OFFICE .USE ONLY I) Planning .& Zoning:.. (a) Preliminary Meeting..- (b) .Public Hearing/Mtg. - Recommendation: Applicant Notified. of Date(s): ( >" 1st Mtg~ Adjoining Property Owners N<?tified: ( ) 2nd Mtg. 2) City Council: . (a) .Regular Meeting - (b) Puhlic Hearing/Mtg. - Ad?pted by Amendment Ord. #1501 - Approved ( ) . Denied . ( ) .~~~t[.E r t 'I ;"\.." III:; . r:l r, 'r',. T .."(:i~ -:--:-:;i~.1 .11.:; .. i 71" .171':;"."(1 WtlJs & Co., Inc. (71 658-8709 p.2 Scheduled for r/~~@~DW~m1 IJIJ MAY 11 2004 ~ .. By A Meeting of the La Porte p~nnine: and Zou.iD2" COllUlUssioD (rype of Meeting) MIlY 20; 2004 (Date of Meeting) to Consider Zone CbaD2:e Request #1lO4-O04 (I'ype ofR.equest) I have received notice of the above referenced public hearing. 1 em in FA VOll of gmnting this RqUCst for ~ following reasons: . 'BIE~"'S" 1H~ ~ . . USI!!5: ,~ $... ~&t~P"~T.A 1'lIt'L./IL T UA r- , T' \")cu c...r::> Sot, AAI A ~s. IE.I T;; ~ . . I, ---J::/ I:;, ( ~,~ BDA .J" I!J~D. -r;; ~ FiNAL- Us. e. TRaIlJt>~ ItAl.J~ ~Dr T31iJ./S/t./EiPrAI'LI.$NI7='flI Y,;.-r IAJ INI.c:. N'~I&H~oe"'f)() L.AIoJP {.,. ftA,Ii1$ T&.. '-I VA c.AI..f r ARa.uI\lO. ~ I ~ F~b pti::l'tc)' I am OPPOSED to granting this request for the following reasons: . F: r-ARD I L..l4.T..1U \)JE'IiN$ N-a:r~ ~ . ;?- S;.~ l 'lJ2~ p - J(,D~ W/E.."'" CLAY. .Adcb:ess l...Jbt'J ,. .,..." oJ ( T)Co., 1717 D I f City. State, Zip . . j . . Zone Change Request #R04-005 Exhibits A. Commission's Action Request B. Aerial Map c. Zoning Map D. Staff Report E. Application F. Public Notice Responses G. Sketch Plan . Zone Change Request #R04-005 Planning and Zoning Commission May 20, 2004 . 700 Block of State . hwa 146 TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. A Iicant Present Zonin Requested Zoning Acreage to be Rezoned Surrounding Zoning Niranoan S. Patel General Commercial GC Business Industrial (HI) 2.5200 acres North Planned Unit Development (PUD) East S. H. 146 & BI South General Commercial (GC) West Low Densi Residential -1 Commercial Truck Sto Summary: Recommendation: . The applicant seeks a rezone from General Commercial (Ge) to Business Industrial (BU. . The purpose of the zone change is to allow a truck stop at this location. . The tracts boWlded by Fairlane to the north, S.H. 146 to the east, Bay Shore motel to the south. and 11th Street (a halfpaved street) to the west. . Commercial Uses allow service stations (SIC 544) but specifically excludes Truck Stops. . The adjacent residences (La Porte Terrace Subdivision) to this site possibly make this proposed rezone incompatible. . The traffic flow along the feeder of S.H. 146 may be impacted with the truck stop so near the major intersection with Barbour's Cut (e.g. driveway access is limited). . The effect of the change from GC to BI possibly result in a spot zoning . The proposed change should have an adverse impact upon the infrastructure (secondary roads not suitable for heavy truck traffic). . The impact upon the public health. safety, and welfare of the City could be significant (e.g. noise and additional pollution near residential). . Currently, S.H. 146 serves a a good buffer between the BI zone to the east and the GCIR-I zones to the west of the site. Staff recommends denial of the zone change request #R04-005. with the following cOnsiderations: Actions required by the Commission: . The requested change is incompatible with the zoning and uses of nearby properties. . The property in question is not suitable for the requested change to BI in order to allow the development of a truck stop. . The development within the subject tract may negatively impact the SurroWlding properties and may harm the value of the nearby properties. . It will have significant impact on the traffic conditions in the area along Fairlane and may cause further delays along the feeder road of S.H. 146 to Barbour's Cut Blvd.. . . Recommend to COWlcil approval of this rezone request #R04-005. . Recommend to COWlcil denial of this rezone request #R04-005. . Table this item for further consideration by the Commission. ~U18rtr A . . Staff Report Fairlane & S. B.146 Truck Stop Zone Change Request #R04-005 May 20, 2004 Reouested by: Niranjan S. Patel & Ajay Jain c/o Bobby Grisham. Reouested for: TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35 La Porte, Harris County, Texas Locations: 700 Block of State Highway 146 Present Zonine:: General Commercial, GC Reouested Zonine:: Business Industrial, BI Backe:round: The subject 1.nlct is approximately 2.52 acres of land out of Johnson Hunter Survey, La Porte, Harris County, Texas. The said property is bounded by Fairlane to the north, S.H. 146 to the east, Bay Shore motel to the south, and 11th Street (a half paved street) to the west. The sketch plan shows that the applicant seeks to develop a truck stop using primary access onto feeder road of S.H. 146 and secondary access onto Fairlane. The land use surrounding the site shows an empty tract to the north zoned for a PUD, an existing truck stop to the east zoned BI, the motel to the south in a GC zone, and a residential subdivision to the west zoned R-l, low density, single family. The applicant seeks a rezone from General Commercial (GC) to Business Industrial (BI). Analvsis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Pedestrian Connectivity, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developing as general commercial uses along the western side ofS.H. 146. With adjacent - tracts as single-family residential and PUD, general commercial use is compatible. Section 106-441 Table A, Commercial Uses, allows service stations (SIC 544) but specifICally excludes Truck Stops. While the BI zone across S.H. 146 (a good buffer) is compatible to the development of a truck stop, the adjacent residences to this site possibly make this proposed rezone incompatible. Conformance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying a rezoning .application. Other criteria may include: ~'HIBrr D Zone Change #R04-o05 P & 1. (5/20/04) Page 2 of3 Conclusion: . . . Character of the surrounding and adjacent areas; . Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other conside{8tions; . Extent to which the designated use of the property would harm the value of adjacent land use classifications; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; . Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Transportation - The tracts in question gain primary access along the feeder of S. H. 146 with two driveways and a secondary access on Fairlane with one drive. While S.H. 146 sustains heavy truck traffic, Fairlane is a primary drainage channel and is not paved to support heavy use. Repeated truck use would cause maintenance issues. To the west, Uth street has only one lane paved and has approximately 8' of passage. This street primarily serves the residential subdivision. It would be imperative to prevent any heavy truck access. The traffic flow along the feeder of S.H. 146 may be impacted with the truck stop so near the major intersection with Barbour's Cut Boulevard. Pedestrian Connectivity - A rezone to allow heavy truck traffic on Fairlane would not be conducive to pedestrian access, stemming from the residential subdivision or any activity the may develop in the PUD zone to the north and west. Should general commercial activity begin to develop along the western- ,Side of S. H. 146, a truck stop at this location would impact pedestrian ~c. Utilities - Water and sewer utilities are available to the site along 11 tit Street. Based on the above analysis, staff finds the requested change incompatible with the zoning and uses of nearby properties. This stems primarily from the residential subdivision to the west and the potential of development within the PUD zone to the north and west of the proposed truck stop. The property in question is not suitable for the requested change to BI in order to allow the Zone Change #R04-005 P & Z (5/20/04) Page 3 of3 . . development of a truck stop. The development within the subject tract may negatively impact the surrounding properties and may harm the value of nearby properties. Furthermore, it will have a significant impact on the traffic conditions in the area along Fairlane and may cause further delays along the feeder road off S.H. 146 to Barbour's Cut by the ingress and egress of heavy truck traffic from the site. In reviewing this request the Commission should consider the following: . There was no apparent error in assigning the present zoning designation to the tracts in question. . There have been no changes in the area that warrant a change to the zoning designation. . The applicant's requested zoning may not conform to the present zoning and nature of the surrounding properties. . Furthermore, the requested change may not be compatible with the goals and objectives of the City's Comprehensive Plan. Actions avallable to the Commission are listed below: . Recommend to Council approval of this rezoning request from GC to BI. . Recommend to Council denial of this rezoning request from GC to BI. . Table this item for further consideration by the Commission. l' .' r ... 1; APIl-29-2004 TIIU 09:29 ~.. FAX Nq,. p, 14 . ., 'i Dty.. .o"f:~LaP'orte Esrablished 1892 . . .APPLICATION FOR ZONE ~GE.~QUEST. ). o it -ooS- ,~-.:- 3 -- c? ~ ~ ~ 7-3 -- . OffiCE USH QMLY: fEE: (" 3 0 a.no Application No.:. Date Recaved: . Receipt No..: . . ... I . ( ) Site Plan ( ) Minor Development Site Plan ( ) Major Developf.Ilcnt Site Plan . (). General Plan . () Site Plans Submitted "'On : Appliant's Name; _~..J ~'3 PrrV 5. f Ai t.: L . . . . Address: "703'1 c;../fJ~J7~WtX)3> !Y1!~Jeh:. O{.en A '30- ?J fi'7 r . SUc,..M'.~"r;g'i1?'-I2~. .~o.k! Date: s- 3 - 0 '1 . . Slgna~re: Owner's Name: ~ (7)71 F Address: Ph: .. .... . Property Legal bescrivtion:. I {C) See Attached . ,J : . . . I AM THE OWNER OF niB HE,\U:IN DESCRIBED PROPERTY AND NlfllWV\1A-t\1 ~A-rE-L or ISAUTHORIZED.TOFILETIllS APPUCATIONONMYBEHALF. Bobby Grisham . .. u.. _ . /? . Date: 5/3J04. ... Signature: .~~ Zone: .. GC . . . . Requested Zone Change: B 1 (' -.~ SIC No: Proposed Usage: Truck. Stop. OFFICE USE ONLY .. . J ~ 1) Planning & Zoning: (a) Preliminary Meeting M (b) Public Hearing/Mtg. - . RCcomm~datiol): . Applicant Nolified of Date(s): ( ) .1st Mtg.. Adjoining Property Owners Notified: ".. . .. r,.. ( } 2nd Mtg. I 2) City Council: (a) Regular Meepng - .. (b) .Public Hc:ar.ing/Mtg. - Approved () . Adopted by Amendment Ord. #1501 - . Denied () . rl'\ n".. 11 ;.~ . I., r',..... T"'C;J~ :;-7:;i~.lll; . 171\\ .171.::1"" ..... 6rl ~ I 3 : ~L!lnlm.T , . ~!iiW~H'Wljf.' ~ ..-'.. . . RECEIVED A Meeting of the La Porte MAY 1 2 2004 PLANNING DEPT. . pl!11nninJ[ and Zonin&' Commission (Type of Meeting). Scheduled for May 20-, 2004 (Date of Meeting) to Consider . Zone Chane'e Request #R04~5 (Type of Request) I have received notice of the above referenced public he~g. . . I am in FAVOR of gmnting this request fur the following reasons: d~. 3 .. .~ . . ~.~. . .... &. 1 V t .' .. [,J.Lli-: .. . ... X .:... .t. . . .:7.)..+!-.JL. ..... - ..-u;;~ , \\\(1n.~f\e~~\)', ~a ,Ki - \\,' · . N e (Pi ?r. p~t) . (\ .. - ..,. \\ Address -r- . . ~~~Q~~~LQ\"'Of"~'~' "eyr'lS,. , ",' 5gnatuIe,,' ",.,,' .',U aty,~ ~ ~ ' ,', ., C~ ~~T;:t~~JJS '. r~ ()N'dl_~<:~~Trl~~ t:~. ~ '-fG ,U)'~. /l ~cv1' ~ I~ ~"" .~. ~~i-(Yr'.t!Z. ..,. cv-R-. . ~(; '. S-D':'\ . , ... - '".. . t/.:J ' ~~',' 'W_~cf2~~a/UZ.~~ AnA. ,.q.r.l /},....~.-d A~. .\..<IAAA/ ~~. 0 J .~2/)~~ - A~Ij!@9";F " I .. 9 i J . , TRUCK STOP AJAY JAIN tin' ..._rN......... lA_ill NoRTH 'P STREET . .. fI ~ ~ i if J ~ .. f. ,. .': ,.. I. ." . . Fairlane Truck Stop Special Conditional Use Permit #SCU04-005 Exhibits A. Commission's Action Request B. Aerial Map c. Zoning Map . D. Staff Report E. Application F. Draft SCUP G. Public Notice Responses H. Sketch Plan Special Conditional Use .it #SCU04-005 Planning and Zoning Commission May 20, 2004 . A Iicant Present Zonin Proposed Zoning Acreage to be Rezoned Surrounding Zoning Summary: Recommendation: Actions required by the Commission: 700 Block of State Hi hwa 146 TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. A.a JainIBobb Grisham General Commercial G Business Industrial (HI) 2.5200 acres North Planned Unit Development (POO) East S. H. 146 & BI South General Commercial (GC) West Low Densi Residential -1 Commercial. Truck Sto This action is subsequent to the approval of a zone change request from General Commercial (GC) to Business Industrial (BI) submitted by the applicants and acted upon by the Commission earlier. . . The applicant is requesting a Special Conditional Use Permit to allow a trock stop. . The tract is bounded by Fairlane to the north, S.H. 146 to the east, Bay Shore motel to the south, and 11th Street (a halfpaved street) to the west . Commercial Uses allow service stations (SIC 544) but specifically excludes Truck Stops. . The specific use is unlisted in the Code of Ordinances. Hence, it is considered to be a Conditional Use. . The adjacent properties to the west of this site are residences (La Porte Temce Subdivision) zoned Low Density residential. . The traffic flow along the feeder of S.H. 146 may be impacted with the truck stop so near the major intersection with Barbour's Cut. . The proposed development should have an adverse impact upon the infrastructure. . The impact upon the public health, safety, and welfare of the City could be significant (e.g. increase in noise and air pollution near residential development). Staff recommends denial of the Special Conditional Use Permit request #SCU04-005. If the Commission favorably consider the request, staff recommend with the following conditions: I. The site is constructed with sound barriers to the west and south portions of the perimeter adjacent to the residential neighborhood and existing moteL 2. The site be heavily landscaped along areas adjacent to residences and existing businesses to further isolate truck activity. 3. Truck traffic is prohibited from using 11th Street. 4. The developer is responsible for upgrading that portion of Fair lane Street adjacent to his site to the standards necessary to support heavy Truck traffic; and subject to the approval of the City's Supervising Engineer. 5. Drainage to be planned to have a net zero effect for stonnwater runoff for swrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City's Supervising Engineer. 6. That no driveway be closer than 40' to the intersection of S.H. 146 and Barbour's Cut. The City is to be furnished with a copy of approved driveway permits issued by TxDOT to ensure they meet TxOOT standards. 7. The developer is responsible for connectivity (sidewalks) with the motel and along N. lIth and Fairlane Streets. 8. A minor development site plan prepared in accordance with the requirement of City Ordinance 1444 and approved by the City. Recommend to Council approval of this SCUP Recommend to Council approval of this SCUP with additional conditions. Recommend to Council denial of this SCUP. ~HUfJrr. A . . StatTReport Reauested by: Reauested for: Locations: Present Zonine:: Reouested Use: Sacke:round: Analvsis: Fairlane & S.H. 146 Truck Stop Special Conditional Use Permit #SCU04-005 May 20, 2004 Niranjan S. Patel & Ajay Jain c/o Bobby Grisham. TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35 La Porte, Harris County, Texas 700 Block of State Highway 146 General Commercia~ GC Truck Stop Taking this action is subsequent to the approval of a zone change request from General Commercial (Ge) to Business Industrial (BI) submitted by the applicants. The requested use for this SCUP is excluded in a Ge zone by Section 106-441. Table A. Commercial Uses. The subject tract is approximately 2.52 acres of land out of Johnson Hunter Survey, La Porte, Harris County, Texas. The said property is bounded by Fairlane to the north, S.H. 146 to the east, Bay Shore motel to the south, and 11th Street (a half paved street) to the west. The sketch plan shows that the applicant seeks to develop a truck stop using primary access onto feeder road of S.H. 146 and secondary access onto Fairlane. The land use surrounding the site shows an empty tract to the north zoned for a PUD, an existing truck stop to the east zoned BL the motel to the south in a GC zone, and a residential subdivision to the west zoned R-l, low density, single family. In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Pedestrian Connectivity, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developing as general commercial uses along the western side of S.H. 146. With adjacent tracts as single-family residential and PUD, general commercial use is compatible. Section 106-441 Table A, Commercial Uses, allows service stations (SIC 544) but specificoJIy excludes Truck Stops. While the BI zone across S.H. 146 is compatible to the development of a truck stop, the adjacent residences cause several specific conditions to be examined for this site: . The activity from a typical tuck stop will have an adverse impact on the adjacent residential neighborhood(e.g. noise and.light). ~XHI8fI' D . . Special Conditional Use #SCU04-005 P & Z (5120/04) Page 2 of3 . Where S. H. 146 forms a natural barrier between the existing truck stop on the east side of the highway and the residential subdivision to the west, there is no such barrier with the proposed site. Consideration must be giyen to a heavy landscaping screen and possibly a sound deadening barrier for the proposed site to shield the truck activity from the adjacent homes and the existing motel. Streets - The proposed development is located off the intersection of the feeder road exiting S.H. 146 and Barbour's Cut. The property is also bounded by Fairlane and 11th Streets. Neither of the latter streets can sustain heavy truck traffic. Traffic Analysis: The proposed truck stop currently has two driveways planned for the feeder road off S.H. 146 and one driveway situated on Fairlane. Fairlane, in order to be used by trucks would require a significant upgrade in paving. Also adjacent to the site is 11th Street. This street has only one lane paved (the western-most lane adjacent to the residential neighbor) and in the interest of safety, must be prohibitive to truck traffic. The site is situated on the major feeder road off S.H. 146 where trucks are exiting a relatively short distance to access Barbour's Cut. Generally, trucks will be turning left at the intersection. Given the two proposed driveways mentioned, the ingress and egress of trucks from the service stop would have a profound impact on the flow of traffic exiting S.H. 146 en route to Barbour's Cut. The truck stop, bounded in the south by a motel, has no access directly to Barbour's Cut and must direct all of its traffic to the feeder road ofS.H. 146. The result could be severe congestion. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Density - The proposed truck stop, with the significant increase in activitx and traffic densities, would have a negative impact to the homes along 11 street. Utilities - There are sufficient water distribution facilities along 11 th Street to supply potable water and fire protection to this proposed project. Sanitary sewer service is readily available to this site. Drainage - This project would add a significant amount of storm runoff due to an increase in impervious cover (pavement). Particular attention must be paid to the impacts of stormwater runoff effects on the residential neighborhood and the drainage corridor represented by Fairlane. Also, . . Special Conditional Use #SCU04-005 P & Z (5120/04) Page 3 of3 unchecked runoff would have a negative impact on the feeder road and intersection of Barbour' s Cut. Recommendation: Based on the above analysis, staff recommends disapproval of the Special Conditional Use Permit #SCU04-005. Should the Commission favorably consider the request, we recommend the following conditions: 1. The site is constructed with sound baniers to the west and south portions of the perimeter adjacent to the residential neighborhood and existing motel. 2. The site be heavily landscaped along areas adjacent to residences and existing businesses to further isolate truck activity. 3. Truck traffic is prohibited from using 11th Street. 4. The developer is responsible for upgrading that portion of Fairlane Street adjacent to his site to the standards necessary to support heavy Truck traffic; and subject to the approval of the City's Supervising Engineer. 5. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City's Supervising Engineer. 6. That no driveway be closer than 40' to the intersection of S.H. 146 and Barbour's Cut. The City is to be furnished with a copy of approved driveway permits issued by TxDOT. 7. The developer is responsible for connectivity (sidewalks) with the motel and along 11th and Fairlane Streets. 8. A minor development site plan prepared in accordance with the requirements of City Ordinance 1444 and approved by the City. Options available to the Commission are: . Recommend to Council approval of this SCUP. . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . Continue the public hearing at the Commission's next regular meeting to allow further study of this item. This results in tabling any action on this item. · CITY.OF LA PORT. APPLICATION FOR omCE USE ONLY: . Fee: $300.00. Application No.: tJ it.- r!J 0 S- Date Received: .3 - 3 ; -() I.; Receipt No.: 733 't I-~ Certified PlanS Submitted: () General Plan . ( ). Mino.r Developement Site Plan () Maior Develop. ment Site Plan' (,;;'. ~ I') . PreliriJinary Plat: PerSon Making R~quest: nj~y ~~in/Rnhhy nrisham . . Mailing Address: 4650 Center Street City IState:. Deer Park, TX 77536 ..Phone: 281-479-1400 . BUSINESS NAl\1E: .irisham-Tolar Properties, Inc. . . . PROPERTY ADDlttSS: ("nrnc:>r nr F~ir T.;::Inp ;::Inn 146 !-EGAL DESCRIPTION: . ~J-l~ ~ See . ~urvev J . .Od-7":()~t:)- ODC;-OtJDI (~.~~.~) SIC USE CATEGORY: . . . ZONE: Commercial TYPE OF BUSINESS: Truck S-too March .31, 2004 DATE o~ OFFICE USE ONLY Date of P & Z Public Hearing: Date of City Council Meeting: Recommendation: Y or N Approved: Y or N . .Zone: . T~ application is : Approved. ( ) Permit No. . .J,)eni~d (.) CLP JOB # . (H Assigned Yet) . Conditions: . DATE. .~-'.E ZONING ADlVIINISTRA TOR . . "Draft" City of La Porte Special Conditional Use Permit # SCU 04-005 This permit is issued to: Aiay Jain (Bobbv Grisham) Owner or Agent 4650 Center Street. Deer Park. TX 77536 Address For Development of: Fairlane Truck StoD Development Name 700 Block of s.H. 146 Address Legal Description: TR 1. Block 4. Nebraska Svndicate. Johnson Hunter Survev Abstract 35. La Porte. Harris County. Texas Zoning: General Commercial (GC) Use: Truck StoD Permit Conditions: 1. The site is constructed with sound barriers to the west and south portions of the perimeter adjacent to the residential neighborllood and existing motel. 2. The site be heavily landscaped along areas adjacent to residences and existing businesses to further isolate truck activity. 3. Truck traffic is prohibited wm using 11 th Street. 4. The developer is responsible for upgrading that portion of FairIane Street adjacent to his site to the standards necessary to support heavy Truck traffic; and subject to the approval of the City's Supervising Engineer. 5. Drainage to be planned to have a net zero effect for stonnwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City's Supervising Engineer. . 6. That no driveway be closer than 40' to the intersection of S.H. 146 and Barbour's Cut The City is to be furnished with a copy of approved driveway permits issued by TxDOT. 7. The developer is responsible for connectivity (sidewalks) with the motel and along 11 th and Fairlane S1reets. 8. A minor development site pIan prepared in accordance with the requirements of City Ordinance 1444 and approved by the City. 9. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas and design and construction comply with TxDOT standards. Failure to begin construction 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 construction 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 City Secretary aHIB.~l. F . . A Meeting of the La Porte . ptllnninJ[ and Zoni.nJ[ Commission (fype of Meeting) Scheduled for May 2()., 2004 (Date of Meeting) . to Consider RECEIVED . MA y 1.2 2004' PLANNING DEPT. Special Conditional Use Permit #SCU04-OOS ... . (fype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of ~ting this reques~ for the following reasons: . . I;';' OPPOSED ID pOng tmsa:quest &',.eli>llowiog "'"""'" $rU. ~ dd .. ~.. b .~ .... ./d/ .~- i/\A..A.)~d -' .. . .- &Jr;L tf ~ c;;{f~ Citr, State, Zip . -1M ;-. .~ . . . N8nJi ~lease.PTt). .... . ~~W. . .. . . . . Signature.. . ... .. .... ~HIBri' G. -..._- . . NORllt 'F' STREET .. " II I .. ~ ~ - i 9 I i I I . I . . . . .... ~ ~ ~l !l\~ ~ Ilr.. ":ijl . . t T _.- (. ,. .,. II~I.'II I ;; IU TRUCK STOP AJAY JAIN ..... ... ellDlllM.,........ IA_ .. ,.. '",. D TAYLORMADEDESIGNS ....-...........-......- . . '''..- ..-..--.....-- -------... ..... _......--....~- ===-==-=--=:==--- ~~ , . . Home Porte Storage Special Conditional Use Permit #SCU04-006 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Application F. Draft SCUP G. Public Notice Response H. Building Elevations I. Sketch Plan J. S. 16th Street Planning Area . . Special Conditional Use Permit #SCU04-006 Plan~ing and Zoning Commission May 20, 2004 Location of Proposed Change 1200 Block of SOuth 13m Street, between West K & L Streets Legal Description of Proposed Zoning Lots 1 thru 32, alleys and portions of street rights-of-way, Block 1135, 1136, & 1137, Town of La Porte Aoolieant Randall Jones Present Zonine General Commercial (Gel Acreaee to be Rezoned 9.16 acres Surrounding Zoning North General Commercial (GC) East General Commercial (GC) South General Commercial (GC) West General Commercial (Gel Land Use Commercial Activity Proposed Mini-storaee. office warehousine Summary: . The applicant is requesting a Special Conditional Use Permit (SCUP) for developing a mini-storage/warehousing at this location. . The mini-storage/warehousing is classified as a conditional use in GC zone. . The existing facilities are primarily commercial (offices, restaurants, drug store, office supplies, medical center, grocery store, insurance company, and banks). . To the south, the Planning and Zoning Commission and City Council have approved the Texas Import/Export Park, which is restricted by both a Development Agreement and covenants in an attempt to develop a well planned, quality mixed-use developments. . The subject tract abuts on South 13th Street (SO'ROW) which connects with Fairmont Parkway with 100' ROW. . The project as presented depends on the closure ofS. 14th and 15th Streets right- of-way ~ West "K: and "L" Street. . The overa1f area plans (TlEP, Taylor Bayou Watershed, and South 16th Street Planning Area) have prompted regional detention for the undeveloped land mass south of the Fairmont Parkway system. . The overall impact on public services will be minimal. Recommendation: Staff recommends approval of the SCUP with the following consideration: Action Required by the Commission: . SCUP#04-006 is specifically limited to the mini-storage/office warehouse, and open storage will not be allowed. · Issues related to undeveloped property to the east and the realignment of South 12th Street for drainage corridor or channel improvement and Park's trail system will be liddressed by the developer as the project proceeds. . The project as presented contains some architectural standards to provide compatIbility with the surrounding commercial activities. . . The specific use will not adversely impact the other properties nor significantly diminish or impair property values within the immediate vicinity. . Additional conditions on landscaping, heights of buildings and architectural standards would be required. . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . Table this item for further consideration by the Commission. ~~;vHttrf A. ...~ . . "'" . . StatJ Report May 20, 2004 Requested by: Requested for: Location: Zonine:: Prooosed Use: Backe:round: Analvsis: Home Porte Storage Special Conditional Use Permit #SCU04-006 /.. .', . Mr. Randall Jones All lots in Blocks 1135, 1136, and 1137, alleys in these blocks, and jortion of south 13111 Street R.O.W. between blocks 1135 & 1.136, south 14 Street R.O.W. between blocks 1136 & 1137, south 12111 Street R.O.W. between blocks 1134 & 1135, Town of La Porte, Harris County, Texas. , 1200 Block of South 13th Street (South of Fainnont Parkway) General Commercial (GC) Mini-storage & office warehousing The applicani is proposing a mini-storage & office warehousing on a 9.16 acre tract bounded by West 'K' Street (unimproved) on the north, and West L Street (uniinproved) on the south, Block 1134 on the east and South 15th Street R.O.W. (unimproved) on the west. The property is zoned General Commercial (GC). Mini-Storage warehousing (SIC #4225) is classified as a Conditional Use in GC zone. The reason some uses are conditional in GC zones is that in certain instances the Commission may feel that a use may be appropriate if further conditions are considered on a case-by-case basis. Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217 (pertains to SCUP), all applicable elements of the La Porte Comprehensive Plan, and other previously approved plans for Texas ImportlExport Park, 16111 Street Plan, and City's Bicycle & Pedestrian Trails Plan as a guide. Considerations were given to the following issues: . C~ of the surrounding and adjacent properties; . Existing use of nearby properties, and the extent to which a land use classification would be in hannony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land uses; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of road network influenced by the use; .~.D Home Porte Storage SCU04-OO6 Page 2 of4 . . . Extent to which the proposed use designation would permit excessive air, water or noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Land Use - The City's Land Use Plan shows this area developing with commercial uses. The existing land uses are primarily commercial (offices, restaurants, drug store, office supplies, medical center, grocery store, insurance company, and banks etc.) To the south, the Planning and Zoning Commission and City Council have approved the Texas Import/Export Park, which is restricted by both a development agreement and covenants in an attempt to develop well planned, quality mixed use developments. The property between TIEP and this location is not restricted but was included in infrastructure planning of this area. Transportation - Staff notes that the subject tract abuts on South 13th Street (80'ROW) which connects with Fairmont Parkway with 100' ROW. The transportation system may accommodate the traffic and existing properties may not be impacted by the proposed development. The existing roads are adequate to support the said project and the proposed development does not conflict with the Thoroughfare Plan. City Council has asked staff to look at circulation in this area and for future consideration of paving "L" S1reet with connection back to Fairmont Parkway. It has been determined that 13th Street would be the connector. Utilities and Drainage - Staff reviewed the existing facilities and services for each of the components of the utility system for the proposed development. Existing water is adequate for potable and fire protection needs. Sanitary sewer is along West K Street (unimproved ROW) with existing manhole at the northwest comer of South 12th Street. On-site detention is proposed for this site. The overall area plans (TIEP, Taylor Bayou Watershed, and South 16th Street Planning Area) have prompted regional detention for the' undeveloped land mass south of the Fairmont Parkway system. The projected pathway for this channel is between the 12th and 13th Streets ROW. The City will eventually choose one of these ROWs for the storm sewer/channel (drainage corridor) - and pedestrian path. The City has also discussed with Harris County for this path as being available for increased runoff from future paving projects on Fairmont Parkway. Staff believes it is premature to close these paths at this time. There is a nuYor trunk sewer 24" stubbed out at "K" and south 13th Street. This stub out is to provide for future line south to serve the undeveloped areas. In addition, the realignment of S. 12th Street shall be required as the project proceeds to accommodate drainage. Home Porte Storage SCU04-006 Page 3 of4 Conclusion: . . At present, the area sheet flows from northwest to southeast. The development requires on-site detention with the planned outfall currently in the South 16th Street right-of-way to the south. Open SpacelPedestrian Plan - The City's open space/pedestrian plan promotes a north-south pedestrian way thru the proposed Texas Import/Export Park and to this area via South 13th Street ROW to "K" Street The property abuts commercial uses along Fainnont Parkway to the north across West K Street, South 15th Street on the west, and South 12th Street on the east. This is the most public face of the tract. Staff suggests that a substantial portion of the facility's landscaping should be placed adjacent to these streets. If approved, architectural standards coupled with the proposed landscaping and setbacks should result in a facility that is attractive and compatible with surrounding properties. The project as presented depends on the closure of South 14th and 15th Streets between West "K" and "L" Streets. For a variety of reasons presented here, staff would not recommend the closure of South 13th Street and propose that the developer improve South 13th Street to and through of his property. In addition, the applicant has presented some rendering containing architectural standards to provide compatibility with the surrounding commercial activities. The specific use will not adversely impact the other properties nor significantly diminish or impair property values within the immediate vicinity. Based on the facts and considerations presented above, staff recommends approval of Special Conditional Use Permit #SCU04-006 with the following conditions: . The developer will work with the City to address the drainage corridor and realignment of S. 12th Street right-of-way. . Check the feasibility of locating detention basin close to the future drainage channel. . Additional landscaping shall be required along K Street right-of-way. . South 13th Street should be extended to and through of the proposed development. . Utility extension or paved area over drainage corridor/easement will be the responsibility of the owner/developer. . Enhance the building f~e so that it blends with the existing commercial to be architecturally and aesthetically pleasing. . Rendering of the building f~ade shall be submitted to the Planning and Zoning Commission for final approval of the site plan. . The applicant shall file an application with the City to close alleys and streets in Block 1135, 1136, and 1137. If successful, the property be formally replatted. Home Porte Storage SCU04-006 Page 4 of 4 . .' . Detention basin shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinance. Additional landscaping may be required to insure a positive appearance if necessary. . Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. . Facility lighting shall be arranged as to reflect the light away from the adjacent properties. . Ensure that maximum lot coverage does not exceed 40%. . This permit does not become valid until a Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. . The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are: . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . Table this item for further consideration by the Commission. . CITY.OF LA PORT~ APPLICATION FOR OFFICE USE ONLY: Fee: $300.00. . Application No.: 0 L; - 0.06 Date Received: 3- :JJ.-{)~ Receipt No.: l?-1-6~ . Certified Plans Submitted: () General Plan . . ( ) .. Minor J;>evelopement Site Plan () Major l>evelopment Site Plan . () Preliminary Plat .... Person MakIng Request: . KA.,:)r.A1...J..... ~~E3"'3 . Mailing Address: . tc;c:tn <:> E..p~~ ~ oq;,o. ~. City/Stilte: Y~o"..~- -,.,o-~"'"') .. . Phone:.28\-~"202.'5. BUSINESS NAME:.. \-bf'r'"\e ~--r~ ..s;-~~ AtQ-oJ;>~l~5S. Ct.:)'Ve.. PROPERTY ADDRltSS: loIS . . !EGAL DESCRIPTION: B~ \\~S.'..lcsir"5:. ,-~<.. J n~~ LoTs '-~"2..) U"37 '-~<......... ZONE: SIC USE CATEGORY:. 4-2.2-~ DATE AGENT TYPE OF BUSINESS: . OFFICE USE ONLY Date of P &" Z Public Hearing: Recommendation:- Y or N Date of Citj C~unciI Meeting: . . Appr~ved: Y or N Zone: ThiS application is : Approved' . ( ). . Denied ( ) . Permit -No~ CLP JOB # (H. Assigned Yet) ... Conditions: ..:::.vunall E ~~..:. . DATE. ZONING ADl\HNTSTRA TOR "Draft" . , City of La Porte Special Conditional Use Permit # SCU 04-006 This permit is issued to: Randall Jones Owner or Agent 15910 Edaewood Dr. Houston. TX 77059 Address For Development of: Mini-storaae/office warehousina . Development Name 1200 Block of South 13th Street. Town of La Porte Address Legal Description: Lots 1 thru 32. allevs. and DOrtions of street riahts-of-wav.in Zoning: Blocks 1135. 1136. & 1137. Town of La Porte. Harris County General Commercial (GCl Use: Permit Conditions:. Mini-storaae/office warehousino 1. The developer will work with the City to address the drainage corridor and realignment of S. 12th Street right-of-way. 2. Check the feasibility oflocating detention basin close to the future drainage channel. .3. Additional landscaping shall be required along K Street right-of-way. 4. South 13th Street should be extended to and through of the proposed development. 5. Utility extension or paved area over drainage corridor/easement will be the responsibility of the owner/developer. 6. Enhance the building ~ade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. 7. Rendering of the building ~ade shall be submitted to the Planning and Zoning Commission for final approval of the site plan. 8. The applicant shall file an application with the City to close alleys and streets in Block InS, 1136, and 1137. If successful, the property be formally replatted. 9. Detention basin shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinance allowing additional landscaping to insure a positive appearance if required. . 10. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. II. Facility lighting shall be arranged as to reflect the light away from the adjacent properties. 12. Ensure that maximum lot coverage does not exceed 40%. 13. This permit does not become valid until a Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 14. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failur~ to begin construction 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 construction 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 City Secretary .'a.~~I}-UBnr F I... . . A Meeting of the La Porte May zo., 2004 (Date of Mee~g) . RECEIVED. MAY 1 2 2004 . PLANNING DEPT. planning and Zoning Commission (type of Meeting) Scheduled for to Consider Special Conditional Use Permit #SCU04-006 (type of Request) - ~ ha~e received notice of the. above referenced publi~ hearmg. _ ~ in FAVOR .of ~ting this .requ~st for th.e followm"g reasons: - _ ~~~:~:~~~dL6Y d1~;jlY/7 . C/, j . I am OPPOSED to graining this .reque~t for the following reasons: . G~ :Jjq;~ff~1W ~.,< . . . Signatute . . ~. .a&~~ .ct~~L/ .. .. ,/ Ad~ss ..J. . ~-:z.){f74~~. ):>L '77tJ~1 City, State, Zip~J .~H1B.'".. \i . . A Meeting of the La Porte pl11nnin2 and Z~ Commission (fype of Meeting) Scheduled for RECEIVED MAY 1 2 200f . PLANNING DEPT. May 2()., 2004 (Date of Meeting) to Consider . Special Conditional Use Permit #SCU04-006 (fype of Request) 0" have received notice of the above referenced public hearing. . t~.~ in FA vpa of gmn~g thi~ request fo~ the. following reasons: Il SZLe. e--LLd-' . Ii ~1~L~.L~~ ) /C0 ./ ~ . . . . 0 .~/r~~/~~.~~ ., . I am OPPOSBD to ~ting this. request for the following reasons: .l)'//21~~Aa) Xrd ~ C/ "_. .~. ~ZzJta=~ . . ~ddre~s.J. ... di~;z:;..;J...;)/ .77 tf ;2 J . City. State, Zip . . to Consider SpecUi1 Conditional Use Permit #SCU04-006 . crype of Request) . v'i'have received noti~e of the. a~~e. referenced public hearing.. ." / . . . .. . vI ~ in:FAVOR.<?f ~ting this request for the following reasons: . ~.wV/!-,-L 74~d~cr:dV~d:;; .rY.. ./- Lt--. . ,;1 ~~-U.-;l''2.L:c:;-. V ./-l...::J CU.rc.U-L~. . . . . . .".. C/." 0 I am OPPO~BD to granting this reqUest for the following reasons: . . ~k~ .!J:~/'n~f ....#4e.. cA~.. ~ .~ () t>(l'-.t.4LLL"jD . ~ / . Address.. J. . :U0-T;L/; /;< //tldl/. City, Stak, Zip . . . . Bayforest Ranch Special Conditional Use Permit #SCU04-007 (Amendment to #SCU03-002) Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. TIRZ Board Letter to Council F. Application G. Draft SCUP H. Public Notice Response I. Conceptual Plan J. Site Plan #1 with pictures K. Site Plan #2 with pictures Special Conditional Use .it #SCU04-00; Amending SCU #C)j.OO2 Planning and Zoning Commission May 20, 2004 . Present Zonin Designated Area Acreage Surrounding Zoning (POO) (POO) (POO) (POO) Summary: · The subject property is located at the northeast comer of McCabe Road at SH 146 adjacent to Bay Forest Golf Course. · The said parcel of land is a part of previously approved General Plan and SCUP for the La Porte Golf Course Community. · The applicant is proposing 100 single-family homes for rental, aka. "Bayforest Ranch" a project funded by the housing tax credit (proposed). . The current project is not consistent with the Special Conditional Use Permit #SCU03-002 recommended earlier by the Planning and Zoning Commission and approved by City Council. · To consider this project, the applicant is seeking an amendment to the SCU#03-002 and General Plan approved earlier. As such, the entire Golf Course Community may be reconsidered. · The previous SCUP and General Plan was approved with underlying land use as multi-family development (apartments). The intended development is a deviation of the approved General Plan. · This development has added alleys and, therefore, a deviation to allow 50' ROWs was made. All proposed streets are private. · Only the land use and general layout should be considered as it pertains to the entire project. Recommendations: . While, the project is not consistent with the Special Conditional Use Permit #SCU03-002 and General Plan, staff recommends its approval as a reasonable project with stated conditions. · Should the Commission favorably consider the request, staff recommends approval of the Special Conditional Use Permit #SCU04-007 (an amendment to SCU03-002) with the conditions listed in the draft SCUP (please see attached). Actions required by the Commission: · Recommend to Council approval of SCUP #04-007 with and an amendment to the General Plan with additional conditions. This action will be amendment to previous SCUP#03-OO2. · Recommend to Council denial of SCUP#04-OO7 and amendment to the General Plan. . Table SCUP#04-007 and the amendment to the General Plan. · The Commission may also continue the public hearing to a future meeting. SHm~nr A. .; . ~ . . Staff Report May 20, 2004 Bayforest Ranch Special Conditional Use Permit #SCU 04-007 Reouest: Reouested By: Reouested For: Present Zonine:: Reouested Use: Backe:round: Approval ofa Special Conditional Use Permit (SCUP) for a loo-units multi- family development. (freestanding individual rental units) This request is an amendment to the existing SCUP #03-002 and General Plan approved for this site. Hettig Management Corp. and Arete Real Estate & Development Corp. 15::1: acres ofland located in the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located between State Highwayl46 and the Bay Forest Golf Course. While this 15+ acres is being requested as an amendment, the entire project is open for reconsideration. This property is located at the northeast comer of McCabe Road at SH 146. It is bounded on the east by the Bay Forest Golf Course. On the north, it is adjacent to the La Porte Golf Course Community, a proposed single-family residential development on approximately ISO acres surrounding Bay Forest Golf Course. Planned Unit Development (PUD) with a previously approved (10/13/03). . General Plan . SCUP #03-002 for multi-family with density and driveway access to be determined by a future development agreement. Multi-Family Residential Development (100 freestanding individual units). During the presentation the Commission may hear comments/positions taken that the City's definitions of multi-family do, and/or do not prevent the proposed 100-unit (freestanding) multi-family units from being defined as multi-family and thus allowable under the existing SCUP. Since this is a new concept for this City, the Staff focused on the merits of the concept presented and not on the definitions of multi-family development. This project is not, per se, defined within the current ordinance. In staff's opinion, this project requires this new/amended SCUP because it does not resemble the materials and proposed project presented to the Planning and Zoning Commission and City Council when the existing General Plan and previous SCUP were approved. The developer (Arete) submitted a General Plan and Special Conditional Use Permit SCU#03-002 for ::1:150 acres located at SH 146 just south of the Baypoint Townhomes and west of the Bay Forest Golf Course. The General Plan proposed single-family residential, multi-family residential, and neighborhood commercial uses within the Planned Unit Development zoning district (PUD). At the Planning and Zoning Commission's August 27,2003, ~H~~n[ D Bayforest Ranch SCU04-o07 May 20, 2004 Page 2 of6 Analvsis: . . meeting, a public hearing was held During the public hearing, the Baypoint Townhomes residents questioned the extension of Sth Street through their neighborhood into the proposed development. In addition, the residents submitted a petition against the extension of S. Sth Street. During their September IS, 2003, meeting, the Commission recommended approval of the General Plan and SCUP with a number of conditions: City Council, at their October 13,2003, meeting, approved the General Plan and Special Conditional Use Pennit #SCU03-002 with one amendment removing the connection to Sth Street. The pennit conditions for land use allowed multi-family development on this site. The approved SCUP stated the development agreement shall determine densitY and driveway access. Recently, the Bayforest Ranch Ltd. applied for Housing Tax Credit with the Texas Department of Housing and Community Affairs. This proposed development will consist of 100 single-family homes for rental which was not a part of the original submittal or approved General Plan and SCUP. These homes would be built on approximately 15 acres, which is the subject of this application. Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a PUD zoning district: . Land Uses - Review of the City's Land Use Plan indicates this area was envisioned as developing as low density residential with a mixed commercial use. As per the approved General Plan, the multi-family development section consists of 15 acres and a 1.5 acre tract as reserved for commercial development. The proposed project is now single-family (freestanding) homes for rental and the commercial reserve is restricted to approximately 1.2 acres along McCabe Road. The intended development is a deviation of the approved General Plan for La Porte Golf Community and it is not in compliance with the earlier pennit conditions. . Streets, Access, & Layout - The layout shows private streets with 50'rights-of-way with 2S' paved streets and 20' paved alleys to allow rear access to the home sites. One point of access is shown along frontage road of SH 146 and another along McCabe Road. In addition, the Development Ordinance requires that the design and construction of private streets be identical to the public streets. The homes sites are laid out on a zero lot line concept. . Utilities - There are sufficient water distribution facilities along frontage road of SH. 146 and McCabe Road to supply potable water and fire protection to this proposed project. Currently, sanitary sewer service is Bayforest Ranch SCU04-007 May 20, 2004 Page 3 of6 . . not available to this site. However, the City's master sewer plan for the area has been provided to the developer's consultant. Per the SCUP and Development Agreement, future approvals of the plats and construction drawings will need to be in accordance with this plan or agreed modifications. This may affect the general layout shown. . Drainage - The proposed development lies within the Taylor Bayou Watershed and TIRZ #1. The channel improvements cannot directly receive stormwater runoff from this development. The City of La Porte has a master drainage plan for the Taylor Bayou watershed that was performed by Civil Tech last year and has been accepted by the City. This master plan calls for regional detention for this area north of McCabe Road. The proposed layout should show detention within the site. If approved, this project and the entire General Plan will need to conform to the principles and findings of the Taylor Bayou Watershed Plan. . Parks and Open Space - The plan shows several pocket parks and open spaces in and around the proposed development. If approved, the City's Parkland dedications will apply. Since the parks are small and spread out, consideration of partial credit may apply. In addition to the passive park/detention areas, the development proposal. should include in its deed restrictions that these areas are private and maintenance would be the responsibility of the Homeowner Association. . Safety & Maintenance Issues - Staff analyzed the nature of this new development, evaluated pros and cons associated with this kind of development, and impact to the community. Overall density may not be an issue, but the main concern. is safety and welfare of the public. This kind of development with single-family leased dwellings in a vacant status invites vandalism and other crimes due to the relative far proximity of the dwellings when compared to apartments. When apartments are vacant; control, security and observation are still centralized. An increase in traffic and number of parked cars in the development may contribute to the difficulty of monitoring the safety of the development. In addition, public services will be difficult to maintain in the area. A security plan must be submitted for review. . Miscellaneous Issues - In this location and surrounding area, the Commission and the TIRZ have promoted development of a character and type that exceeds the typical development seen in the community. .:. There was some consideration when the Commission and Council approved the previous SCUP allowing multi-family units where the Land Use Plan and Comprehensive Plan . . Bayforest Ranch SCU04-007 May 20, 2004 Page 4 of6 Update promoted single-family development. This was based on presentation of a higher-end multi-family complex with market driven rates. Additionally, the present SCUP provides for an acceptable density arranged on a zero lot line concept. .:. The developer previously stated that the perimeter landscaping along SH146 and the drainage channel would equal that proposed for the SH146 boundary of the Golf Course Community. The general layout is not complete. .:. If the Commission considers this project (or other freestanding units), staff suggests that they meet the standards of our zoning and development ordinances to match the character of the adjacent development. .:. Harris County Housing Authority has stated they may participate in this proposed project financially and possibly become an owner. This may further complicate long-term management issues beyond the life of the tax credit program. .:. No covenants or restrictions were proposed to take care of short or long-term management and maintenance issues. (If received, the Tax Credit Program does require certain protections that eventually expire) Recommendation: While the project is not consistent with the Special Conditional Use Pennit and General Plan' recently approved by both the Planning and Zoning Commission and City Council, through weeks of coordination meetings and staffing we believe that it is now a reasonable project. If the Planning and Zoning Commission wishes to consider this Special Conditional Use Permit request, staff suggests the following conditions as a minimum be considered: . Allow only this development design near McCabe & SH 146. The development is restricted to 100 units based on Single family special lot line (e.g. 0 lot line) parameters in City Code of Ordinances 106-333. The Developer's Agreement could determine driveway access on S.H. 146 and McCabe Road. . Enlargement or use of a commercial tract will be determined when the Development Agreement is created. . Any developer redesign of the current layout of street rights-of- way and building setbacks for the entire Golf Course Development and Bayforest require prior approval.. . Future approval of the plats and construction drawings will need to be in accordance with the master sewer plan for south La Porte or agreed modifications. . This project and the entire General Plan will need to conform to the priniciples and findings of the Taylor Bayou Watershed Plan. Bayforest Ranch SCU04-Q07 May 20, 2004 Page 5 of6 . . . The City's Parkland dedications will apply. The consolidation or only partial credit maybe considered for the dispersed parks. In addition to the passive park/detention areas should include the deed restrictions that these areas, buildings, lawns, clubhouse, open spaces and appropriate adjacent lands are private and maintenance would be the responsibility of the Homeowner Association. . Agreements for the provision of public services within this complex will need to be made between the City and the owner/developer. . The perimeter landscaping, pedestrian paths, or sidewalks along SH 146 and the drainage channel for Bayforest would equal that proposed for the SH 146 boundary of the Golf Course Community. . Construct a sound barrier wall between the entire Golf Course Community and Bayforest developments & S.H. 146. . Ensure pedstrian access to trails system from within the development without entering McCabe Road ROW or S.H. 146. . Return with the Development Agreement, plat, deed restrictions etc. refirming and resolving the stated conditions. . The applicant must secure a maintenance bond, according to the City's multi-family provisions, or seek an approved alternate. . If current or future owners are a qualified 501c(3) or a governmental body, agree to payments in-lieu of taxes for all taxing jurisdictions. . Covenant that any change in ownership in the future to a qualified 501 c (3) or another governmental unit be required to continue payments in-lieu of taxes. . City must be agreeable to the terms and conditions regarding payments in-lieu of taxes including term and provisions for renewal. . Covenant the creation of an Interest and Sinking Fund that continues beyond the life of any financing or tax credit. . Create a property owners association that is subject to and part of the Homeowners Association created for the adjacent singe-family development. . Consider a mixture of 3 and 4 bedroom units v. 100 4-bedroom units in consideration of the impact on LPISD. . Comply with all applicable laws and ordinances of the City of La Porte and the State of Texas. . Construct an 8' minimum sight bearing fence around the development. . Architecture of units must be approved by the City of La Porte. . Development requires alleys and rear access to garages and 50' ROWs. . Development requires landscaping of individual lots and tress in rear yards of lot along McCabe Road and S.H. 146. . Landscaping is required along the entire length of the development bordering McCabe Road. . . Bayforest Ranch SCU04-007 May 20, 2004 Page 6of6 . Provide for school bus turnarounds and bus stops. . Ensure that planned amenities (e.g. pool, parks, playgrounds and equipment, clubhouse etc.) are constructed. . Ensure that a system is in place to provide priority for La Porte residents. Options available to the Commission are as follows: . Recommend to Council approval of SCUP #04-007 and of an amendment to the General Plan with additional conditions. This action being an amendment to SCUP #03-002 as it relates to this site only. If approval is recommended, a draft SCUP is attached for the Commissions consideration. . Recommend to Council denial of SCUP #04-007 and the amendment to the General Plan. . Table SCUP #04-007 and the amendment to the General Plan. . The Commission could also continue the Public Hearing to a future date. . . City of La Porte Established 1892 May 10, 2004 City of La Porte Mayor Pro-Tern and City Council The Tax Increment Reinvestment Zone Number One (TIRZ) Board authorized this communication regarding the proposed Housing Tax Credit project within the TIRZ, known as Bayforest Ranch. The intent is not to dissuade Council from the decision they believe is in the best interest for the entire community. The Board only wishes to offer its perspective regarding the potential for development of the TIRZ as a whole. First, the Board is not in favor of the Bayforest Ranch Project. The Board shared the vision with City Council, Planning and Zoning Commission (P&Z) and others that this area adjacent to the Bay Forest Golf Course and along 8H146 be developed primarily as single-family housing of a type and character not currently available. in La Porte. Also, the Board is not pleased with the way the City learned about this project, its proposed financing and the potential for loss of tax revenue, compounded by its location within the TIRZ. The Board also discussed the goals of the project plan, the potential funding for other public improvements and the lack of activity within the TIRZ. . Current~y the resideJ.1tial development within this area of the TIRZ is dependent on the exchange of properties between two owners/developers. This issue has already delayed development within the TIRZ. Because of this situation the smaller 15 Ac. project, Bayforest Ranch, is delaying the larger 155 Ac. Development, Lakes at Fairmont Greens, which meets the goals of the TIRZ and the previous approvals of P&Z and Council. The Zone is a1~ady 4 tax years into. its 30-year life without any development taking place. Ev~n if approvals are received this summer, improvements would not be on the ground prior to January 1, 2005 and another tax. increment year is lost. While the Board made it clear it is not in favor of this project, they eventually ~ook a stance of neutrality and ask Council to consider the same if the developer meets further conditions. This stance is partly due to the developer's forward movement on. improving the proposed product since it was first introduced. The additional conditions discussed. by the Board are: · Payments in-lieu of taxes o If current owner or future owners are a qualified 501c(3) or a governmental body, agree to payments in-lieu of taxes for all taxing jurisdictions o Harris County Housing Authority, by Board action, agrees to the same if they become owner. o Covenant that any change in ownership in the future to a qualified 501c(3) or another governmental unit be required to continue payments in-lieu of taxes o Other agreeable terms and conditions regarding payments in-lieu of taxes including term and provisions for renewal 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 .~H~E .' .' e: · Additional Covenants . 0 Covenant the creation .of an Interest and Sinking Fund that continues beyond the life of any financing or tax credits . o Create a property oWners association that is subject to and part of the Homeowners Association created for the .adjacent single-family development o Covenants regarding maintenance and upkeep of buildings, lawns, clubhouse, open spaces, and appropriate adjacent lands · Provide a different mix of units offered o Consider a mixture of 2, 3 and 4 bedroom units vs. 100-4 bedroom units to reduce new student impact on LPISD · Provide a system that gives priority to existing La Porte residents · Any other provisions established by the P&Z and City Council during the approval process Again, we understand that the Council has to consider a number of issues regarding the Housing Tax Credit projects proposed in our City. Our intent is to provide input only for this. project within the TIRZ and we certainly respect any position the Council establishes. Sincerely, .~p~ Alton Porter Chairman of the Board AP/ml c: TIRZ/Redevelopment Board of Dfrectors Debra B. Feazelle, City Manage~ John Joerns, Assistant City Manager . Cynthia Alexander, Assistant City .Mana~er ..:-- . . . C1TY: (jF:LA.POR~. . . ... . ~P~I~A~O~r ~OR. ... AppIica~on No.: .'. () . -' tJtJ 1 :. . .. ..J;>~te Received:.. '-t -cJ.. '1 ~ . '.. Rec~pt No.~ . f/Lt 0 67 . . . . . OFFICE ~SE . ONLY: . Fee~ . 5300.00 . . . .. Certified Plans..SnQmitted: . ,. . () Genepil Plan.:, .. . ()' Mm9r Developement Site PI3n . ,. . . . <" ). Major. Development lite Pl.~ .' 7< . \~ . ... :.'Oq . ~~l~inary PIat/{ ~fi.7/w ..."'!' - f . . . . . . PmOn~~:> .../ffl. 701J"~~ .. M~gAddress: . . .... 5.5ots" J(~. ~y 6u"1t.. / :.... .. "Cify/Scite.:. . .. ., H~~",., 7)(.: '1'1~'1....~'7 ::.Phone:..1j~:''7r.~!1..' BUS~~NAM;E;, ... .' ....,... .:~,-<<,,~...~~~. ..... ... ~OPER1'YADDlU'SS: ... ... . (-s~ ~-!>~--) .. ..... . .. iE~~ DES6uPTI9~: ~~~ ~.l-'Nt>1Wt~" ~.i~1W, w.1! H~ 6~ 'J\.~ . '.. . . ..... . .c-"~.:Rl~~/.~~""..~'~.... :" ......} ....~. ZONE: .......?UV .. .... ~IC.USE CATEGO~~;..s,..e,~Y~loA'L"1' ..... ~FFlCE.~ ONLY. TYPE OF BUSINES~: . . . ... ~/I!I/r . .. .. 4\.'IE. . .~ate of P & Z ~blic Hearing: ~~te. of c;ity' Co~~ ~~eetb1g:. Zone: . . .: ...'...:.:.. R~e:b.dation:~. or.N . '. . . ~ .' . .... .A~prov~.~:. -y:. o~.. N .. . .' I . .' .... . . ':Tl$ applicati9n is...: . . '. . Approved ( )... .. .Denied (.') Permit"No'~ .. .: . .'. .....: , : .., . .. '. . CLP JOB If . . . . . (I('~i~~ yet}... ... , :. .. . '. C.onditions:..' . . '.'a' '. "" . ," .'. . , '. I .... ". . DATE:. .' ::. :.. . . . .' ."'. . . . , . .. . . . . ... . ..ZONIN~ ADl\iIINISTRA T2R ... ~ . .. ~X.~~UIJ.. lJ: F . . "Draft" City of La Porte Special Conditional Use Pennit # SCU 04-007 AMENDING SCU 03-002 This permit is issued to: The Hettia Manaaement COrD. and Arete Real Estate COrD Owners 340 N Sam Houston Parkwav East. Suite#140 Houston. TX 77060 Address 5325 Katy Freeway Suite #1 Houston. TX 77007-2257 Address For Development of: ProDosed Bavforest Ranch and Amendment to SCU #03-002 Development Name Located at SH 146 north of McCabe Road Address Use: 20 acres of land beina located in the W.P. Harris Survey. A-30 City of La Porte. Harris County. Texas Planned Unit DeveloDment (PUD) Multi-family residential (Stand Alone Units) Legal Description: Zoning: Permit Conditions: 1. Allow only this development design near McCabe & SH 146. The development is restricted to 100 units based on Single family special lot line (e.g. 0 lot line) parameters in City Code of Ordinances 106-333. The Developer's Agreement could determine driveway access on S.H. 146 and McCabe Road. 2. Enlargement or use of a commercial tract will be determined when the Development Agreement is created. 3. Any developer redesign of the current layout of street rights-of-way and building setbacks for the entire Golf Course Development and Bayforest require prior approval.. 4. Futw'e approval of the plats and construction drawings will need to be in accordance with the master sewer plan for south La Porte or agreed modifications. 5. lbis project and the entire General Plan will need to conform to the priniciples and findings of the Taylor Bayou Watershed Plan. Proposed drainage plan must be approved by the City. 6. The City's Parkland dedications will apply. The consolidation or only partial credit may be considered for the dispersed parks. In addition to the passive park/detention areas should include the deed restrictions that these areas, buildings, lawns, clubhouse, open spaces and appropriate adjacent lands are private and maintenance would be the responsibility of the Homeowner Association. 7. Agreements for the provision of public services within this complex will need to be made between the City and the owner/developer. 8. The perimeter landscaping, pedestrian paths, or sidewalks along SH 146 and the drainage channel for Bayforest would equal that proposed for the SH 146 boundary of the Golf Course Community. 9. Construct a sound barrier wall between the entire Golf Course Community and Bayforest developments & S.H. 146. ..le.iI' G . . 10. Ensme pedstrian access to trails system from within the development without entering McCabe Road ROW or S.H. 146. 11. Return with the Development Agreement, plat, deed restrictions etc. refirming and resolving the above conditions. 12. The applicant must secme a maintenance bond, according to the City's multi-family provisions, or seek an approved alternate. 13. If current or future owners are a qualified 501c(3) or a govemmental body, agree to payments in-lieu of taxes for all taxing jurisdictions. 14. Covenant that any change in ownership in the future to a qualified 501 c (3) or another govemmental unit be required to continue payments in-lieu of taxes. 15. City must be agreeable to the terms and conditions regarding payments in-lieu of taxes including term and provisions for renewal. 16. Covenant the creation of an Interest and Sinking Fund that continues beyond the life of any financing or tax credit. . 17. Create a property owners association that is subject to and part of the Homeowners Association created for the adjacent singe-family development. 18. Consider a mixture of 3 and 4 bedroom units v. 100 4-bedroom units in consideration of the impact on LPISD. 19. Comply with all applicable laws and ordinances of the City of La Porte and the State of Texas. 20. Construct an 8' minimum sight bearing fence around the development. 21. Architecture of units must be approved by the City of La Porte. 22. Development requires alleys and rear access to garages and 50' ROWs. 23. Development requires landscaping of individual lots and tress in rear yards of lot along McCabe Road and S.H. 146. 24. Landscaping is required along the entire length of the development bordering McCabe Road. 25. Provide for school bus turnarounds and bus stops. . 26. Ensme that planned amenities (e.g. pool, parks, playgrounds and equipment, clubhouse etc.) are constructed. 27. Ensme that a system is in place to provide priority for La Porte residents. Failure to begin construction 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 construction 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 City Secretary .. . A Meeting. of the La Porte RECEIVED . MAY. 11 2004 .. . .. PLANNING DEPT. pll1nninr and Zonina' Commission (Type of Meeting) Scheduled for . May 2()., 2004 .(Date of Meeting) to Consider Specisl Conditional Use Permit #SCU04-007 . . ~y'pe of Request) .. I have received notice of the above reference~ public hc;lUing. ... . I ~ inF~ VOR ~f ~t:i.O.~ ~s ~equest fur the following reasons: : I am OP~OSE~ to gran~g this request for the fullo~ reaso~:. :..._~~_H (!,O ,,1 ~lj- De Rtf-rtf..vJ fJr.y . . Address . ~ E: fI: /?, I'l (Xl K 1z:. r {, 17 c; ltc. City, State, P . . . . . * WL ~)~.J;4w..~~.~ d . Iffl"! ~.gfh vf~ - d~Pa4Z. ... &:XIliRIOI. . . . .....QD 1 if .. . RECEIVED A Meeting of the La Ji>>orte MAY 11 2004 planninjt and Zoning Commission (fype of Meeting) . PLANNING DEPT. Scheduled for May 2()., 2004 (Date of Meeting) . to Consider Special Conditional Use Permit #SCU04-007 . . (fype of Request) .' , . I have received no~ce of the above [efe~ced public .hea~. . . .: .. .~ injiA VQi'of ~~g this [~q~~st ~~ the fO~owing .[e~sons:. .. ... ... . . .~~;8!~~~~~~~t . ~~C~1l~J.; .. _~c.' )~;J 7- . -I-A .j. ~.. .... . ;? .... ~.~. .. . .. - . . '.. .' '. . .. . I am OPPOS~D to granting this request fOr the fOllo~g reasons: ... E/fvE.sr ~ Boun Name (please print) ~bAi: (j? tEcnL. Signature 10-/:3 '11w:~. /~~. ~C{_ . Address. . . LA .PtJ~:TAJ.IX. 7'A..,71 .. . City, State, Zip . . A Meeting of the La Porte ptann;n2 and Zoni.n2 Commission crype of Meeting) Scheduled for RECEIVED MAY 1 2 2004 PLANNING DEPT. May 20, 2004 (Date of Meeting) . . to Consider Special Conditional Use Permit #SCU04-007 . crype of Request) I have received. notice of the above ~efe~ced public hearing. I ~ in FAVOR of gmnting this .request . . ~ tJ . . .. . . .". . I am OP);'OsED to granting this. ~~quest ~r the following reasons:, ..;r7fr../:lljf~ . J~IL!':;"P/77&' .7 . .. . City.. Stafe, Zip . . . . La Porte self storage Special Conditional Use Permit #SCU04-008 Exhibits A. Commission's Action Request B. Aerial Map .c. Zoning Map D.~taff Report E.. Application F._ Draft SCUP G. Public Notice Responses H. . - Sketch Plan . . Special Conditional Use Permit #SCU04-008 Planning and Zoning Commission. May 20, 2004 Summary: . . . . . . . . Recommendation: Action Required by the Commission: 2915 N. 23 Street Pt. of Richard Pearsall 113 Lea ue Abstract 625 William Thomas General Commercial G , BI, & LI 2.14 acres North General Commercial (GC), LI East Business Industrial (BI) South General Commercial (GC), BI West General Commercial G Commercial Mini-stora e ex nsion The applicant is requesting to expand the existing mini-storage facility by paving 2.14 acres of an adjacent portion of site along Spencer Highway. The mini-storage/warehousing is classified as a conditional use in GC zone. The original pennit was conditional in a GC zone and limited to Phase I. The subject property is just south of City's Public Works facility and adjacent to UPRR. The area is earmarked for commercial uses in the Land Use Plan. The overall impact on public services should be minimal. Streets/roads may have adequate capacity to handle the traffic generated by this proposed development. Expansion is in the vicinity of the site identified for the new Police Station. Due to major commercial and light industrial nature of surrounding properties, and adjacent to pipeline corridor, staff feels this type of development is appropriate and may not harm the nearby facilities. Given the project's proximity to Spencer Highway with overpass on UPRR., however, certain conditions should be considered. If approved, the following conditions should be in place: . The site is constnlcted with a 10' landscaping barriers to the eastern, western perimeter and along that portion that abuts Spencer Highway. This landscaping banier should be a mixture of trees and sight barring bushes and be able to fulfill the intent of the banier from one (1) year after planting. The landscaping plan must be approved by the City Staff. . That the special conditional use pennit be approved only for phase n. . The paved area provide a dust-free environment, the construction of which be approved by the City's Supervising Engineer. . Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City's Supervising Engineer. . This permit does not become valid until a formal Minor Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. . The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. . Recommend to Council approval of this SCUP with conditions. . Recommend to Council denial of this SCUP. . . Table the item for further consideration by the Commission. ~HB8rr A . . Staff Report La Porte Self Storage Expansion Special Conditional Use Permit #SCU04-008 May 20, 2004 Reouested by: Reouested for: Locations: Present Zonine:: Reouested Use: Backe:round: Analvsis: WPT Properties, Ltd. (William Thomas) 2.14 acres, part of the Richard Pearsall 1/3 League, Abstract 625, La Porte, Harris County, Texas 2915 N. 23M Street General Commercial, GC, Light Industrial (LI), Business Industrial (BI) Expansion of Self Storage Facility for Open Storage. On 9-27-99, Pennit #SCU99-003 was issued to La Porte Self Storage in a General Commercial Zone. The pennit was specifically limited to Phase I (Mini-Storage Warehouse). The existing facility is primarily in a GC zone with a portion (detention pond) within that part of the tract of land in a Light Industrial (LI) zone. The applicant seeks to expand the facility by paving 2.14 acres of an adjacent portion of the site within that part of the tract that is in a Business Industrial (BI) zone and abutting Spencer Highway to the south. The purpose of the expansion is open storage for boats, RVs. etc. The original permit was conditional in a GC zone and limited to Phase I. Sec. 106-521 (a) Table A, Industrial Uses, states "All uses conditional in the GC zone, except residential" are conditional use in all types of industrial districts. This expansion represents Phase n and, therefore, requires a special conditional use permit It should be noted that this facility is adjacent to the City of La Porte Public Works Deparbnent and in the vicinity of the site identified for the new Police Station at 23d Street and Spencer Highway. In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developments spanning general commercial and industrial uses. While no structure is planned, the use of the land requires conditional permit. Surrounding uses include GC to the west and south, BI to the south, and LI to the east and north. No residential uses are present. The intended use of the proposed ~te is compatible with surrounding zones. We recommend that given the nature of the intended use, a 10' landscaping screen be constructed along the eastern and western portions of the tract intended for open storage, and a 10' landscaping buffer along the boundary abutting Spencer Highway :XH_D . . Special Conditional Use #SCU04-o08 P & Z (5120/04) Page 2 of2 Streets - Access to the proposed development is off of23rd Street. We see little to no impact by the proposed development. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Density - No density issues Utilities - The proposed expansion will require no additional utilities. Drainage -The adding of impervious cover (paving) will require additional drainage detention beyond the existing facility's capacity. The initial drawings contained an error in calculations that, when corrected, will require a commensurate expansion of the current detention basis. Recommendation: Based on the above analysis, staff recommends approval of the Special Conditional Use Permit #SCU04-008. Given the project's proximity to Spencer Highway, however, certain conditions. should be considered. Should the Commission favorably consider the request, we recommend the following conditions: 1. The site is constructed with a 10' landscaping barriers to the eastern, western perimeter and along that portion that abuts Spencer Highway. This landscaping barrier should be a mixture of trees and sight barring bushes and be able to fulfill the intent of the barrier from one (1) year after planting. The landscaping plan must be approved by the City Staff. 2. That the special conditional use permit be approved only for phase II. 3. The paved area provide a dust-free environment, the construction of which be approved by the City's Supervising Engineer. 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City's Supervising Engineer. 5. No construction shall take place until a minor development site plan is submitted and approved by the City Staff. Options available to the Commission: . Recommend to Council approval of this SCUP. . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . Continue the public hearing at the Commission's next regular meeting to allow further study of this item. This results in tabling any action on this item. . . CITY. OF LA .POR~ MAY 0.3 7nnfo ... APPLICATION FOR. . SPECIAL CONDITIONAL USE PERMIT RECEIV~;':i MAY 0 :1" 2004 omCE USE ONLY: Fee: $300.00 Application No.: " Date Received: Receipt No.: r. " Certified Plans Submitted: () .. General.Plan "( ). Minor Developement Site Plan, . ( ) . Major Development Site Plan ( ) . . Preliminary Plat- Person Making Request:. . . wIT .jJIYjJtt7,'p.5 ::r.~ J..-fd / wllft/lll 7l1,.,y . ' . /'1')..2.. Po",*s"- ~l'd~#f/ ) ~ . . .J()~'1JJ(JtJ' . i>r- ~16J1~' . "Phone:.;.'iJ~$~(;-lf~~ .J..",. .Idt'~ . '.5t/.fffil'.fe-. .. ')..9 J~. /V,. "1,0 .5 r ." k ~r-k, r~ . 715'1/ ~railing Address: City/State: . BUSlNESS NAME: PROPERTY ADDRESS: LEGAL DESCRIPTION: ZONE: TYPE OF BUSINESS: " Self ~/~~1f bATE: " SIC USE CATEGORY: s10 Nlfe- " udI~ ~44. OWNER OR AUTHOBTZEn AGENT . OFFICE USE ONLY Date of p" & "Z Public Hearing: . . Recomm~nd3tion:' Y or N . . Date of City Council Meeting:. . Approved: Y or N' Zone: T~ application is. : Approved ( ) Permit No. . Denied ( ) CLP JOB # (If Assigned ~ et) . Conditions: '. DATE $)(HIIIT E ZONlNG ADIVUNISTRATOR . . "DRAFT" City of La Porte Special Conditional Use Permit # SCU 04-008 This permit is issued to: WPT ProDerties. Ltd. (William Thomas) Owner or Agent 1922 Forest Garden Dr. Kinawood. TX 77345 Address For Development of: La Porte Self storace (Miniwarehousina) eXDansion Development Name 2915 N. 23~ street. La Porte Address Legal Description: Pt. of the Richard Pearsall 1/3 Leaaue. Abstract 625. La Porte. Harris County. Texas. Zoning: General Commercial (Gel. BI. & LI Use: Mini-storaaelWarehousina Permit Conditions: 1. SCUP#04-OO4 is specifically limited to the mini-storage/warehouse as defined in SIC. #4225. 2. The site is constructed with a 10' landscaping barriers to the eastern, western perimeter and along that portion that abuts Spencer Highway. This landscaping barrier should be a mixture of trees and sight barring bushes and be able to fulfill the intent of the barrier from one (1) year after planting. The landsc3ping plan must be approved by the City Staff. 3. That the special conditional use pennit be approved only for phase n. 4. The paved area provide a dust-free environment, the construction of which be approved by the City's Supe1Vising Engineer. 5. Drainage to be planned to have a net zero effect for stormwater nmofffor surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City's SupeIVising Engineer. 6. This permit does not become valid until a formal Minor Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 7. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction 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 construction 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 City Secretary ~HAall. F . . AMeetiiig:o..tb~ LaPorte..: '. May 2()., 2004 (Date of Meeting) - . . RECEIVED' MAY 1 .(2004 .. .PLANNING PEPT. -. pll1nn;n2' and ZoJiina' Co.mmssion (Type of Meeting) Scheduled for' to Consider . " special CemditioDalUse Perini': #SCU04-008 .: . .. (Type of Request) . .' , '. . . I have receivednotice of the abov.c referenc~d public hearing. .:. , . . '. ..' ",.." I~ in F A VO~ of gr8n~g t:his req~~t~~ ~e fo.llowing reaSons: . '.. .. .' . , - .. . ..Z.~.. .6.L~~r (~._: 'L...,t-r'.:.l_.,,1.~~~.qy-} ~.. . .... D,~~~~M~'~... ' ~.. ,. ~~:. :..j~... ..,'PJ.~.~.:;c-~.~. . '~1k:Je~~~. .p~~~.. . '1v/~ ~J~~ " .'~g-..~~.~ . i~'1~:.-N~~~..'.'Il\Jh~::~. ~'..",.~id.: ,~:-^)~~. 1.Hd-tt:-.~i:>. . . -. ..., . ..:J~ \ "e>-r"Tlkl.-. , . . " i ~ t>PPOSED to gpntirig ~s. requ~(fu[ ~e folloU1ing ~8;SOits::'. . . - '-'I\~. ' :. j~. ~. - r-~~vJ~L~~..~. : . Name (please print) .. '. . ~~~. . . Signature. . . - . , . r~~_. ~) .-e,. r- ' Address . .. .~~~:~.~ :~'';l~~ 'City, State~ Zi~. '.. . ' ' .......XHIQff G- . . Texas Grill Special Conditional Use Permit #SCU04-009 Exhibits A. CommissiQn's Action Request B. Aerial Map c. Zoning Map D. Staff Report E. Application F. Draft SCUP G. Public Notice Responses H. . Sketch Plan . . Special Conditional Use Permit #SCU04-009 Planning and Zoning Commission May 20, 2004 Location of Proposed Development 2219 Underwood Road Legal Description TR 490A, La Porte Outlots Applicant Melvin Walker (Texas Grill) Present Zoninl!: General Commercial (GC) Requested Zoning General Commercial (GC) Acreage 0.22 acres Surrounding Zoning North General Commercial (GC) East General Commercial (GC) South General Commercial (GC) West Underwood Road Land Use Commercial Activity Prooosed Off-site Parkinl!: for restaurant Summary: . Applicant is seeking a Special Conditional Use Pennit (SCUP) for the purpose of allowing an off-site parking for a restaurant. . The Section 106-441 of the Zoning Ordinance classifies this type of development as Conditional Use. . Mr. Melvin Walker is working towards reopening a restaurant and needs additional parking to meet City's parking requirements. . The applicant has obtained pennission from neighboring property owner to utilize their parking on a six months lease basis. . In addition, the applicant is in the process of buying land for pennanent parking just north of the restaurant at the southeast comer of H Street and Underwood Road. . The adjacent properties are zoned general commercial. . The properly is within the vicinity of mixed commercial uses. . The overall impact on public services should be minimal. . Underwood Road has adequate capacity to handle the traffic generated by this site. Recommendation: Staff recommends the approval ofSCUP#04-009 with the following conditions: Actions required by the Commission: . Pennanent off-site parking, when constrocted, shall comply with all parking standards. . Special Conditional Use Pennit will be limited for a period of six (6) months. . Screening and lor landscaping of the pennanent 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 annual1y, shall be required. At this time, the Commission should consider the following: . Recommend to Council approval of this SCUP . Recommend to Council denial of this SCUP . Table this item for further consideration by the Commission. mi16U! A . . Staff Report May 20, 2004 Reouest: Reouested Bv: Reouested For: Present Zonine:: Reouested Use: Backe:round: Analvsis: Texas Grill OtJ-Site Parking Special Conditional Use Permit #04-009 Special Conditional Use Permit Request #04-009 Mr. Melvin Walker Approximately 0.22 acre (9, 769.68 sq. ft.) being part of 0.9534 acre ofland 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, La Porte, Harris County, Texas. The property is located in the 2200 Block of Underwood Road. General Commercial (GC) Applicant is seeking Special Conditional Use Permit (SCUP) for the pwpose of allowing an off-site parking for a restaurant The Section 106-441 of the Zoning Ordinance classifies this type of development as Conditional Use. Mr. Melvin Walker is working towards reopening a restaurant and needs additional parking to meet City's requirements. To handle the parking situation, the applicant has obtained pennission from neighboring property owner to utilize their parking on a six months lease basis. In the meanwhile, the applicant is pursuing a land deal for permanent parking for his restaurant. The permit, which is being requeSted by Mr. Melvin Walker for the said land leased from the Health & Safety Management, Inc. is to serve a restaurant located at 2219 Underwood Road. Off-site parking within General Commercial zone is described as a Conditional Use by Section 106-441 of Zoning Ordinance. 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 . 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. .--D Off-site Parking SCU04-OO9 Page 2 of2 . . .Staff noted that the property in question is in the vicinity of several commercial retail developments along Underwood Road. The property, intended for restaurant business, is located in an area with very little off- street parking. Additional off-site parking would be required to meet. City's parking requirements. Moreover, there is no reasonable location. on the existing business site to provide required parking. Initially, the. leased parking spaces will serve the business;. later, the permanent parking lot. will be in place for the same. It will benefit the area by moving cars off the street into proper and adequate parking area. As propose~ the future parking lot must comply with all applicable zoning regulations. Parking spaces and maneuvering aisles are to be of adequate dimensions. The location of the handicap parking 'spaces must be appropriate. Access from off-site parking to the building, as proposed, is reasonable. In addition, the screening and landscaping of the property shall be required in accordance with the Section 106-444(a) of the Ordinances. 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. Staff recommends the approval of SCUP#04-009 with the following conditions in place: . Conclusion: . Special Conditional Use Permit for the lease of off site parking will be limited for a period of six (6) months. . The propo~ permanent site for off site parking will be in compliance with all applicable City regulations, will require screening and lor landscaping of the parking lot and shall be approved orily after review of a certified site plan. . Lease agreeinent, duly approved by the City Attorney, shall be filed with the City Secre.tarY. .. . A certificate of occupancy, renewable annually, shall be required. Options available to the Commission: . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . . . Table the item for further cOnsideration by the Commission. r. '" ~ITY OF LA PORTE. APPLICATION FOR. .1' .. , , OFFICE USE ONLY: Fee: $300.00 Applicatio~ No.: O~."- tJ 01 . Date Receive~: .'5" - 3 - (') 4 . ~eceipt No.: ~4 f7'-t ., " Certified Plans Submitted: .. :. Cr-). Genera~ Plan . . . ( ) .~or Developement Site Plan () Major Development Site Plan . ( l. . Preliuiinary Plat I ... . ; I. , , ,j. - Person M~g Requ~: m~ /1/ I Jt/ - LV I'J. I kl' "'- /JlftoC m #.I.J. I!l'tC~p.r;v'e .Mailing Address: . . . tl.Jl/? # # /lA/'Of . /.1/"1<< L", City IState: . . M A~Tc' 7~J-- .?-?,f.7/ ' . Phone: e?tY,l 3.,5:;;, ~~7 BUSINESS NAME: . ~".,;,/9f a~-FLL- ..PROPERTY ADDIttSS: c:l;U9 ~ i/N~/2~o~ R<<. . . LEGAL DESCIUPTION; .L~/?k' &~/. ~~/ Y'9d. ZONE: . SIC USE CATEGORY: . riPE OF B1:rSlNEsS: R t'sr~, /;~;- .1 . , \ I I . I . I .I. .' 4/"-- . :l.. 00 Y DATE. .~ . OWNER OR AUTHORIZED AGENT OFFICE USE ONLY. . . . .. Date of P & Z Public .Hearing: Date of City Council MeetiDg:. . Recommendation:. Y or N . Approved: Y or N Zone: . This. application is : Approved - ( ). Denied ( ) . Permit No. .- CLP 10B 11 (U Assigned. Yet) .. Conditions: ~n.Bll k) 1"'\ .l T"C' . '7 n~TT1'lo.T"'" .l nll.rno.TTC'_'1"'n " 'T'nu . . "Draft" City of La Porte Special Conditional Use Permit # SCU 04-009 This permit is issued to: Melvin Walker Owner or Agent 12219 Underwood Road. La Porte. TX 77571 Address For Development of: Texas Grill Restaurant Development Name 2219 Underwood Road. La Porte Address Legal Description: TR 490A. La Porte Outlots Harris County. Texas General Commercial (GC) Zoning: Use: Off-site Darkina Permit Conditions: 1. Special Conditional Use Permit for the lease of off site parking will be limited for a period of six (6) months. 2. The proposed permanent site for off site parking will be in compliance with all applicable City regulations, will require screening and lor landscaping of the parking lot and shall be approved only after review of a certified site plan. 3. Lease agreement, duly approved by the City Attorney, shall be filed with the City Secretary. 4. A certificate of occupancy, renewable annually, shall be required. 5. The Developer shall comply with all applicable laws and ordinances of the City and State of Texas. Failure to begin construction 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 construction 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 City Secretary _U~.ll..F . . Renaming Canada Road Exhibits 1. Staff Report 2. Aerial Map 3. Zoning Map . . . Staff Report ReQuested bv: Reouested for: Locations: Present Zonine: ReQuested Use: Backeround: Analvsis: RENAMING OF CANADA ROAD TO EAST BOULEVARD May 20, 2004 City Council Renaming of Canada Road to East Boulevard. 3200 and 3300 Blocks (+) of Canada Road bounded on the north by Spencer Highway and to the south by Fairmont Parkway General Commercial .(GC), Manufactured Housing (MH), Low Density Residential (R-I), Medium Density Residential (R-2), neighborhood Commercial (NC) running north to south. Thoroughfare from the City of Deer Park to and through the City of Pasadena. Canada Road is planned to be extend and expanded as a major connector from the City of Deer Park, through La Porte, and proceeding on through the City of Pasadena. Plans include possible connections linking a City park in La Porte with a major park complex in Pasadena. City Council requested this item be placed on a near future agenda. This request was made in cOIijunction with the proposed widening and connecting of Canada Road to the City of Deer Park. In effect, the name change would unify the entire road, currently named East Boulevard in Deer Park, which is planned to continue from Deer Park, through La Porte and on into Pasadena. Should the name change be approved, the affected properties (ten - [10] tracts) along Canada Road would be re-addressed accordingly and would correspond to the addressing sequence in Deer Park and Pasadena. Utility Companies, property owners, neighboring cities and the Post Office are being notified of the proposal and coordination is in effect. Recommendation: In light of the considerations given, Staff recommends approval of the name change of Canada Road to East Boulevard. . Recommend to Council approval of this name change. . Recommend to Council denial of this name change. . Continue the public hearing at the Commission's next regular meeting to allow further study of this item. This results in tabling any action on this item. . Staff Reports . ......... / . . i Citv of La Porte F~'s/( t/J//,'-3!u'c! 1892 Memo To; FnNm CC: Planning and Zoning Commission .--, /-1 Nicholas Finan, Interim Planning Directo~. Dat8: May 14, 2004 Re; Residential Large Lot (AKA Lomax District) In the past, there has been comments and discussion on the City adopting a new district to accommodate large, single-family residential development similar to the type of rural, large acreage development located in the Lomax area of La Porte. The idea was to keep much of the unique characler of the rural setting versus the more conventional :t 6,000 sq. fllots. The rural setting would allow out or accessory buildings. have greater setbacks, and require more open space, and less area with structures. City Staff has reviewed the current residential district and has submitted the additions. The draft will. be ready for Thursday night The highlights are as follows: · Lots: minimum one acre in size · Setbacks: front - 40; side - 15; rear - 20 · Accessory buildings: allowed to be larger in size, allow for various non-commercial uses, and allow for multiple structures. The idea of the district is that it could be applied in various locations throughout the City. The draft is merely a starting point for discussions. Items for consideration should a district be created: · Boundaries: What portions of the Lomax area? Outside Lomax. are there any locations that the new district should be applied? · Presentation to the public for input It is thought a presentation seeking input from residents in the Lomax area should occur. · Road types for full development in new subdivisions: open ditch, asphalt, etc. · Sidewalks: How to apply? . . - '. · Driveways: For residential, one per residence - Should we allow a portion beyond first 25 feet or so to be caliche or other surface? Staff would like some idea as to how to move forward. The following is suggested: 1. A subcommittee of no more than three Planning and Zoning Commissioners meet with staff to discuss boundary proposals and refine comments from the Planning and Zoning Commission. 2. Host a meeting in the Lomax area after publicizing in newspaper, website, etc. 3. Subcommittee meets to discuss findings from input, and possibly add citizens from Lomax to refine district to Planning and Zoning Commission. 4. Meet obligations of State Law and notify all residents within proposed district and 200' of proposed district. 5. Hold public hearing before the Planning and Zoning Commission and forward recommendations to City Council. 6. City Council holds public hearing and takes final action. . Page 2