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Home My WebLink About01-20-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission• • PLANNING AND ZONING COMMISSION MINUTES OF JANUARY 20, 2005 Members Present: Pat Muston, Doretta Finch, Paul Berner, Kirby Linscomb, Jr., Claude Meharg, Hal Lawler (Alt. A) Members Absent: Dottie Kaminski, Nick Barrera City Staff Present: Interim Planning Director, Wayne Sabo; Planning Coordinator, Masood Malik; Assistant City Attorney, Clark Askins; and Planning Secretary, Peggy Lee 1. CALL TO ORDER Meeting called to order by Chairperson Muston at 6:00 p.m. 2. APPROVE MINUTES OF THE NOVEMBER 18, 2004, REGULAR MEETING & PUBLIC HEARING. Motion by Paul Berner to approve the Minutes of November 18, 2004. Second by Kirby Linscomb, Jr. The motion carried: Ayes: Berner, Linscomb, Finch, Meharg, Lawler, and Muston Nays: None Abstain: None 3. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED ALTENRNATE NO. 2 LES BIRD. Mr. Bird was not present for the meeting. 4. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED MEMBER CLAUDE MEHARG. Assistant City Attorney, Clark Askins, administered the Oath of Office to newly appointed member, Claude Meharg. 5. CONDUCT PUBLIC HEARING REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU05-001 FOR 0.29 ACRE OF LAND LOCATED ALONG NORTH 16T" STREET, TOWN OF LA PORTE, IN THE JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, DNV PETROLEUM SERVICES, INC. SEEKS A SPECIAL CONDITIONAL USE PERMIT FOR OFF-SITE PARKING FOR THIS FACILITY. Chairperson Muston opened the public hearing at 6:05 p.m. Masood Malik, Planning Coordinator, presented staff's report. The City received a request from DNV Petroleum Services for a special conditional use permit for off-site parking at their facility at 318 N. 16'h St. Due to plans for expansion, the company has acquired property along West Tyler St. to satisfy additional parking requirements. Staff recommended approval of the request, contingent upon the conditions outlined in staff's report. • . Planning and Zoning Commission Minutes of January 20, 2005 Page 2 Public notices were mailed to six property owners located within 200' of the property in question. One citizen response was received in favor of the request. Chairperson Muston inquired about the actual acreage in question, due to several discrepancies in the report. Mr. Malik confirmed the actual acreage is .28 acres and the parking lot dimension is 100' x 125'. Bob Roberts, 3424 Rice Blvd., Houston, TX, favored the request. There were no opponents. Motion by Paul Berner to recommend to City Council, approval of Special Conditional Use Permit #SCU05-001 with the following conditions: 1. SCUP#05-001 is specifically limited to the off-site parking. 2. Screening and landscaping of the parking lot must be provided by the owner/developer in accordance with Section 106-444(a) of the Code of Ordinances. The landscaping should be a mixture of trees and sight bearing bushes (e.g. red tips or oleanders). The landscaping plan must be approved by the City Staff. 3. Principal use depends upon off-site parking shall maintain the minimum number of required parking spaces. 4. The paved area provides adust-free environment, the construction of which be approved by the City Staff. 5. At least 50' of the West Tyler Street shall be improved as described in the City's PICM; i.e. concrete, curb, and gutters. 6. 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 Staff. 7. 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. 8. A properly drawn legal instrument, duly approved by the City Attorney, shall be filed with the City Secretary. 9. A certificate of occupancy, renewable annually, shall be required. 10. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Second by Hal Lawler. The motion carried. Ayes: Berner, Lawler, Linscomb, Finch, Meharg, and Muston Nays: None Abstain: None 6. CONDUCT PUBLIC HEARING REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU05-002 FOR 208± ACRES OF LAND LOCATED SOUTH OF STATE HIGHWAY 225 ALONG OLD UNDERWOOD ROAD, IN THE ENOCH BRINSON SURVEY, ABSTRACT 5, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, CLAY DEVELOPMENT AND CONSTRUCTION, INC., SEEKS A SPECIAL CONDITIONAL USE PERMIT FOR PROPOSED DEVELOPMENT OF UNDERWOOD BUSINESS PARK, AN OFFICE/WAREHOUSING FACILITY IN THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT. Planning and Zoning Commission Minutes of January 20, 2005 Page 3 Chairperson Muston opened the public hearing at 6:15 p.m. Wayne Sabo, Planning Director, presented staff's report. The applicant, Clay Development, has requested a special conditional use permit for a business park development along Old Underwood Road and State Highway 225, for offices, warehousing, and distribution uses. Staff recommended approval with the conditions listed on the permit, with the exception of two corrections as follows: Delete #10, screening/landscaping requirements abutting R-2 District, since it does not abut residential. Change #11 from 30% landscaping to 6% landscaping. Robert Clay, of 5110 San Felipe, Houston, TX 77056, addressed the Commission. Mr. Clay gave a brief summary of Clay Development's company background and thanked City staff and the Commission for their favorable consideration. Motion by Kirby Linscomb to recommend to City Council, approval of Special Conditional Use Permit #SCU05-002 for the proposed development of Underwood Business Park with the following conditions: 1. This Special Conditional Use Permit (SCUP) is not applicable to any specific development anticipated or proposed by General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 3. Said submittals for this phase development shall be in accordance with this SCUP, the approved General Plan, Ordinances and policies of the City of La Porte. 4. Furnish traffic control plan, a comprehensive look at the truck circulation and truck traffic to control vehicles turning southbound on Underwood Road. 5. Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office/ warehousing facility. 6. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the plans. 7. A rail access, spur design, and UPRR approval shall be required. 8. A statement from the owner/developer specifying clear responsibility for maintenance of detention basin system including channel/ditch shall be noted on the plan. 9. All internal streets shall be constructed to the City standards and remain private streets. 10. Ensure that at least 6 percent of the property consists of landscaping and/or screening. 11. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs to remain as natural buffer. 12. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 13. Provide a public utility easement for future water main along north property line adjacent to existing railroad, to be connected with public water for fire suppression. • Planning and Zoning Commission Minutes of January 20, 2005 Page 4 14. Submit design for on & off-site utilities with capacities. The owner/applicant must coordinate with the developer to the north for tie-in of sanitary sewer or and dedicate an easement to the City for sanitary sewer extension or lift station. 15. Verify internal street connectivity. Participation of the improvement of Old Underwood Road may be required. 16. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Paul Berner. The motion carried. Ayes: Linscomb, Berner, Lawler, Finch, Meharg, and Muston Nays: None Abstain: None 7. CONSIDER ZONING ORDINANCE AMENDMENTS RELATING TO THE DEVELOPMENT OF TRUCK STOPS BY AMENDING CHAPTER 106, SECTION 106- 521; TABLE A, INDUSTRIAL USES TO ALLOW TRUCK STOPS IN BUSINESS INDUSTRIAL (BI) ZONING DISTRICT. Mr. Sabo presented staff's report. City Council has directed the Planning and Zoning Commission to perform a review of truck stops and prepare a possible amendment to the Zoning Ordinance that would allow truck stops in Business Industrial (BI) zones. Based on information gathered from Commission input at an earlier workshop and a review of the ordinance, staff recommended that truck stops be permitted in Business Industrial zoning districts, along SH 146 and Barbour's Cut Blvd., subject to the requirements outlined in staff's report. The Commission was concerned about the negative impacts truck stops could have on adjacent residential areas. There was also a concern that a business could be permitted as a convenience store in a General Commercial zone, have the appearance of a truck stop, but not have to meet the stricter requirements of a Business Industrial zone. Motion by Hal Lawler to table a zoning ordinance amendment that would allow truck stops to be located in Business Industrial zones: Second by Doretta Finch. The motion carried. Ayes: Lawler, Finch, Linscomb, Berner, Meharg, and Muston Nays: None Abstain: None 8. CONSIDER RECOMMENDATION TO COUNCIL TO REPLACE THE "OFFICIAL" ZONING DISTRICT MAP. Mr. Malik presented staff's report. The City has updated its "Official" Zoning Map with GIS technology. This new map shows current zoning districts based on all approved amendments to date. In order to replace the existing map, the Planning and Zoning Commission must forward a recommendation to City Council requesting a resolution to adopt the new map. Mr. Malik noted the "Original" Zoning Map would remain unchanged on file with the City Secretary. Planning and Zoning Commission ,, Minutes of January 20, 2005 `' Page 5 Motion by Hal Lawler to recommend to City Council, approval of a resolution adopting a new "Official" Zoning District Map. Second by Paul Berner. The motion carried. Ayes: Lawler, Berner, Linscomb, Finch, Meharg, and Muston Nays: None Abstain: None 9. STAFF REPORTS Mr. Sabo reported there would be a B.A.M.I.A. training opportunity for Boards and Commission Members on February 15, 2005, from 8:30 - 4:30 at the Evelyn Kennedy Center. Any member interested in attending should contact Peggy Lee. Mr. Malik reported the following minor/major developments: ^ O'Reilly Auto Parts construction across from City Hall. ^ A possible family restaurant and car rental business along Fairmont Parkway across from Kroger on empty pad site. ^ A possible Dollar General along Broadway by Walgreen's ^ Holiday Inn Express is ongoing. ^ Somerton Commercial Office Park across from cemetery on Spencer Hwy. ^ Lakes at Fairmont Green Golf Course Community is ongoing. ^ The Preserve at Taylor Bayou is ongoing. ^ Texas Import-Export Park is ongoing. Mr. Sabo responded to an inquiry on the status of Garfield Apartments. 10. ADJOURN Motion by Paul Berner to adjourn. Second by Kirby Linscomb. The meeting adjourned at 7:25 p.m. Submitted by, Peg e Secretary, Planning and Zoning Commission Approved on this ~~ day of ~~~% w` , 2005. .~-~ Pat Must Chairperson, Planning and Zoning Commission • • Oath of Office • • OATH OF OFFICE I, Les. Bird , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of _ P l a n n i n g a n d Zoni ng Commission Alternate , of the Ciry of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that Y have not directly or~indirectiy paid, offered, or promised to contnbute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ~~~ Swo to and subscribed before me this the day of ~5 ilunnunnnnnulnlll.lllllllllll lnnnulnnl - ~°`~RV ``B~ PEGGY LEE _ * NOTARY PUBLIC - STATE OF TEXAS MYCOMMISSION EXPIRES ` J'TE ~~ t`+'s SEPTEMBER 24, 2007 ililllllll111111lfllilllllllllilllllllllill11111111111 Notary 'c in and for the State of Texas • • ~ ~ ~ o v ~ ~ m R Z t ;~~ ~.? V ~--~t 0 .~ 0 f..~{ a T~ T~ !'1 ~= ~~~ "a`- 0 ~~L •~_~ ~~o ~ ;~ a~~ ~ ~ gas ~~Q 0 ~ V d v ~`~ ~ ~ G L ~ ati d o° 0 v ~_~ iV m m .~ ~,vl A ~ -~ d .... m a =~ o~ a `a ~ s~ ~~~ v~ ~~ a a m ~~ . m ~ ~ypc L L O G _~ .~ c~ S -(s'l~ V .~ v~ ~ Q `~-L_ d `1' o Ca Q w~ Q m a V i ~\ L Q Q ld 1 T Q .a .~ .~ s= 0 Z Q Q _nulnnrnelr= W ~_ F ~ ~ ~ ti - W ~ 0. 0 W rW- w N -_ _ ~'"~ ~ O y ~ ~ t t'J m - C7 Utn ~' - W m ~ ~ - -~ao __ }~~°_ ~~ _ z* = 4~ ` ~~+: -„~ ~_= r~H S~~ - # - llllllllilllilr ~_ } t t t! i C • Underwood Business Park (Preliminary Plat) Exhibits A. Commission's Action Request B. Aerial Map C. Staff Report D. Preliminary Plat • • Underwood Business Park -Preliminary Plat Planning and Zoning Commission February 17, 2005 Location of Subdivision Old Underwood Road at State Hi hwa 225 Legal Description TR of land out of the Enoch Brinson Survey, Abstract No. 5, La Porte, Harris Count ,Texas. Applicant Danny Martin (Clay Development & Construction Co. Present Zonin Planned Unit Develo ment UD Requested Use CommerciaUIndustrial business park Acreage Approx. 207 acres Surrounding Zoning North Light Industrial (Ln & UPRR East Light Industrial (Ln South Medium Density Residential (R-2) West Underwood Road, Cit Limits Land Use Ma Business/Industrial Activit Pro osed Office/Warehouse develo ment Summary: • Development in PUD requires an application for a Special Conditional Use Permit with a general plan filed with the City. At the January 20, 2005 meeting, the Commission held public hearing and recommended #SCU05-002 to City Council. • The applicant is now requesting approval of a preliminary plat for proposed Underwood Business Park to be located at Old Underwood Road south of UPRR and State Highway 225. • At this time, 132 acres of land is being subdivided into five reserves (A-E), restricted reserve F (approx. 75 acres) will be platted later. • The following considerations were discussed: phased development, control of truck traffic along Underwood Road, fire truck access and trafficability, building setbacks, size of detention pond and outfall to HCFCD., future rail access and UPRR approval, design of internal utilities, point of tie-in to city utilities and its capacity, and fire suppression/fire hydrant placement. • The proposed street (60' ingress/egress) for this development is private. The design and construction of such street will be as per PICM. • All the utilities shall be privately maintained except public water. Internal infrastructure shall be the responsibility of the owner/developer. Recommendation: The Preliminary Plat is in accordance with the City's Development Ordinance. Staff recommends approval of the Preliminary Plat with the following conditions: • Final Plat along with construction drawings shall indicate infrastructure and site drainage improvements to ensure adequate capacity and proper drainage of the site. • Final plat must demonstrate 10' waterline easement dedicated to the City for future water main along north property line adjacent to UPRR. • Subdivision's covenants and restrictions will be accompanied with the Actions required by final plat submission. the Commission: . Approval of the Preliminary Plat authorizes the developer to submit a Final Plat with supporting documentation. • Conditional approval of the Preliminary Plat requires submission of an amended Preliminary Plat and additional documentation as specified by the Commission for the Commission approval. • Disapproval of the Preliminary Plat requires submission of a new Preliminary Plat. • • Staff Report Underwood Business Park February 17, 2005 Preliminary Plat Requested bv: Clay Development & Construction Inc. c/o Danny Martin Requested for: 207 acres of land out of the Enoch Brinson Survey, Abstract 5, described as parcel 1 under the Harris County Clerk's File No. M032856, La Porte, Harris County, Texas. Location: Old Underwood Road and S.H. 225 Present Zoning: Planned Unit Development (PUD) Requested Use: Office/warehouse Background: This site consists of approximately 207 acres located to the south of the Battleground Industrial Park at 101 Old Underwood Road. The City limit of La Porte runs parallel to the property line along west side of Old Underwood Road. The UPRR is adjacent to the property to the northeast. Houston Lighting and Power Company (Centerpoint Energy) owns approx. 19 acres of land adjacent to the subject tract to the south. Currently, 132 acres of land is being subdivided into five reserves (restricted reserves A-E), restricted reserve F consisting of 75 acres will be platted later. The facility will have an entrance along Old Underwood Road and access through East 13`" Street and Battleground Road off State Highway 225. The subject property is zoned Planned Unit Development (PUD). The PUD zoning assigned to this tract is, to a great extent, based on the large amount of undeveloped, unsubdivided acreage located in this area. The PUD development requirements are an effective means to ensure that development of this tract would be in accordance with the sound planning guidelines. Development in a PUD zoning district requires that an application for a general plan shall be filed and processed simultaneously with the Special Conditional Use Permit. At the January 20, 2005, meeting, the Commission held a public hearing for Special Conditional Use Permit #SCU05-002 with a General Plan for approx. 207 acres of land out of the Enoch Brinson Survey, Abstract 5, and recommended approval to City Council. Analysis: Owner/Developer plans to develop the tract for business/industrial uses. The developer will construct a street with 60' of ingress/egress, utilities easements, and a storm drainage/detention system that will t C • Underwood Business Park Preliminary Plat Page 2 of 3 connect with the regional systems in accordance with the policies of the City and Harris County Flood Control District. In addition, staff reviewed the following elements of the Comprehensive Plan in relation to the applicant's proposed development. Land Use -The City's Land Use Plan indicates this area envisioned as developing for business/ industrial uses. The zoning and use of the nearby properties is also commercial and industrial in nature. The current land use and development pattern conforms to the proposed use. Furthermore, the development within. the subject tract should not have any adverse impact on the surrounding area. Transportation -The plat shows a long cul-de-sac street with a proposed street right-of--way of 60'. Proposed ingress/egress or street will be privately maintained with a 60'/35' ROW designation (right- of-way/pavement width). The primary function of this street is to provide access to the proposed business park predominantly used by heavy truck traffic. Therefore, this street should be designed and constructed in conformance with the PICM or developer may use AASTO's or Harris County's design standards. Being located near State Highway 225, Battleground Road, a primary arterial and-major truck route, provide more than adequate accessibility for circulation of traffic. There should be limited impact on traffic flow within the vicinity even after full implementation of the proposed project. Utilities and Drainage -Public facilities and services are sufficient to handle the supply of potable water but requires upgrading for fire protection in the area. There is an existing 12" waterline to the east of Underwood Road. An existing sanitary sewer force main runs north and south along the subject property. A sanitary sewer lift station will be required to serve this facility. In addition, provisions will have to be made to ensure that sufficient utility extensions are made to serve this development. Storm water drainage shall be managed by an on-site detention basin reserve (41.792-acre) located to the northeast corner of the business park. Conclusion/ Recommendations: Staff reviewed the Preliminary Plat and found it to be in accordance with the Development Ordinance of the City. Staff recommends approval of the Preliminary Plat with the following conditions: • • Underwood Business Park Preliminary Plat Page 3 of 3 • Add a statement on the plat to ensure that waterline will be extended and easement shall be secured to the south with the future development. • Final Plat must demonstrate 10' waterline easement dedicated to the City of La Porte for future water main along north property line adjacent to UPRR. • Final construction drawings shall indicate off-site drainage improvements to ensure proper drainage of the adjacent property. • Final Plat and construction drawings shall provide details showing construction of utilities and 12' perimeter around the detention basin. • Future rail access, spur design, and UPRR approval shall be required. • Detention will be the sole responsibility of the owner/developer. • Submit a copy of the business park covenants and restrictions. Options available to the Commission are as follows: • Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the final plat submittal. • Conditional approval of the Preliminary Plat as filed. This will require the developer to address the conditions and resubmit the Preliminary Plat. • Disapproval of the Preliminary Plat as filed. This will require the developer to file a new Preliminary Plat. • • Zoning Ordinance Amendment Exhibits • Staff Report • Draft Ordinance • Recommended Trees List • • Staff Report Tree Preservation February 17, 2005 City Council has directed staff to assess existing development conditions and recommend future development strategies relating to tree preservation and other beautification efforts. Tree preservation can aid in the conservation of vital energy resources and the preservation of the City's heritage and quality of life. Trees are a valuable amenity to urban environment creating greater human comfort by providing shade, cooling the air through evaporation, restoring oxygen to the atmosphere, reducing glare and noise level and providing more effective transition between different land uses, pre-development or construction. Staff discussed this item and made the following assessments based on the current provisions in the zoning ordinance: Existing Requirements: Tree Preservation -Section 106-801 establishes the following provisions: a) It is the intent of this section to encourage the preservation of existing trees within the City and to prohibit their unwarranted destruction. b) It shall be unlawful for any person to cause or permit the destruction of any native tree within 15 feet of any street right-of--way line or easement line abutting the required front yard or within ten feet of any street right-of--way line or easement line abutting the required side yard within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the Planning Director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of--way. c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. Tree Preservation Page 2 of 3 Criteria for issuance of clearing permits The Building Official shall issue a permit if the request meets the following requirements: • Application - An application for the permit must be filed by the owner of the property where the tree is located. • Tree in a poor condition, hazards, low value trees -The tree in question is diseased, severely damaged or dead, or the tree creates a hazard to human life or an existing building. • Tree is impediment to proposed use of the subject site -The tree in question causes an unreasonable impediment for enjoyment of the property. These are requirements for tree protection when any development or improvement work is being done on a property. The person desirous of developing or improving the property shall obtain a clearing permit, which would allow clearing of buildable areas only. The purpose of this section is to encourage the preservation of existing large trees on the development tracts but no provision for replacement trees. Recommended Requirements: Tree Replacement -The removal or damage to a native or protected trees shall require tree replacement of one or more newly planted trees on the same subject site. The owner/developer shall plant and maintain such replacement trees in reasonable proximity to the subject site. The enforcement officer shall use reasonable or best efforts to determine the type and number of replacement trees. Minimum Size. Replacement trees must have a trunk diameter of at least two inches measured six inches from the ground. Qualified trees. A tree must comply with the recommended tree list "native or protected" of the City. Standard of review. The enforcement officer, designated by the Director of Parks & Recreation, shall use reasonable or best efforts to determine the type and number of replacement trees required to minimize any undue burden on the owner/developer. Trees in street areas. The enforcement officer must confirm there are no visibility concerns in the street area prior to issuing a permit. Tree Preservation Page 3 of 3 • Protective Fencing -The existing healthy trees to be retained will be protected from damage during construction at the drip line of the tree by using orange construction fencing. A separate fence permit will not be required for construction of a fence in this case. 'This area should not be used for trash or storage area. Visibility Triangles -The enforcement officer will ensure that there is no violation of the provisions relating to visibility triangles. The owner/developer shall maintain all trees and plants on the property. If any tree, shrub or ground cover plant should die, the owner shall replace these plants. Any major modifications to the replacement plan must be approved by the enforcement officer. Conclusion• Based on the above, tree preservation provisions of the current ordinance are adequate but a tree replacement along with protective fencing and visibility triangle ordinance, should be introduced or added to the current regulations. Tree.replacement will protect urban environment of the City from unreasonable harm during development and pre-development activity. Actions by the Commission: Conduct Public Hearing Make Recommendations to City Council • • ZONING (Draft Ord.) § 106-801 Sec. 106-801. Tree preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. (b) It shall be unlawful for any person. to cause or permit the destruction of any native tree within 15 feet of any street right-of--way line or easement line abutting the required front yard or within ten feet of ariy street right-of--way line or easement line abutting the required side yard within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural .ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the planning director or his designated representative, said tree constitutes a hazard. to pedestrian and/or vehicular traffic along any such right-of--way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. Sec. 106-802. Tree Replacement. (a) Number of replacement trees. Tree disposition conditions and tree permit authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site. (b) Minimum size: Replacement trees must normally have a trunk diameter of at least two inches measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk diameter for species of trees. (c) Qualified trees. To be a "qualified tree", a tree must comply with the recommended tree list "native or protected" of the City. (d) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. • ZONING § 106-804 • (e) Trees in street .area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the Building Official must be satisfied that TEX. TRANS. CODE, Chapter 316 has been complied with and also confirm there would. be no violation of the provisions relating to visibility triangles. Sec. 106-803. Protective Fencing. (a) Fences required. Unless otherwise specified in the tree disposition conditions, each protected .tree to be preserved must be fenced during development or pre-development activity. (b) Fence criteria. Unless the tree disposition conditions specify otherwise: 1) a six-foot or higher fence must surround each protected tree or group of trees, preventing people, machinery, trash, material, and other items from occupying the area within the protective fencing. 2) The fence must be constructed of durable, highly visible materials supported on poles firmly set in the ground. 3) The fence must be able to resist intrusions and impact likely to be encountered on a construction site. 4) The fence may incorporate existing fences or walls as well as temporary fencing. 5) Each fence must display a prominent warning sign. (c) Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. Sec. 106-804. Visibility Triangles. It shall be unlawful for any person to ,plant or maintain any .plant or ground cover within a visibility triangle, if the plant has a height greater than three feet above the street gutter flow line. It shall be unlawful for any person to plant or maintain a tree, which has branches or foliage within or above a visibility triangle at a height lower than fifteen feet above the street gutter flow line. The City may enter a visibility triangle and remove growths prohibited by this section, and there shall be no liability to others for taking or not taking such action. • • Recommended Trees and Plants La Porte, Texas The following trees shall be approved as new plantings for streets, public right-of--ways, city parks, public and private property, and parking lots etc. All plants shall be grown in accordance with good horticulture practices and under climatic conditions similar to those of the site. Plants shall be typical of their species or variety and have normal habits of growth. The following list is not all inclusive. However, if a particular tree/shrub is desired, a letter of acceptance to the designated officer is required. D-Deciduous (sheds leaves annually) If placed on the south and west walls will reduce indoor temperature in summer by shading the roof and walls. In winter, these trees allow sunlight through to help heat the house. E-Evergreen (have green leaves through out the year) These trees can create a wind break if placed on the northwest side of the building. Shade Trees and Street Trees Common Name Botanical Name Live Oak D Quercus virginiana Southern Red Oak D Quercus falcata Post Oak D Quercus stellata Chinquapin Oak D Quercus muhlenbergil Overcup Oak D Quercus lyrata Shumard Red Oak D Quercus Shumardii Bur Oak D Quercus macrocarpa Swamp Chestnut Oak D Quercus michhauxii Sawtooth Oak D Quercus acutseima Nuttal Oak D Quercus nutallii Monterrey Oak D Quercus polymorphe Water Oak D Quercus nigra White Oak D Quercus alba Willow Oak D Quercus phellos Pecan D Carya illinoensis Anacua E Ehretia anacua Bald Cypress D Taxodium distichum Cedar Elm D Ulmus crassifolia Drake Elm D Ulmus parvifolia drakii Canary Island Date Palm E Phoenix canariensis Black Gum D Nyssa sylvatica Sweetgum D Liquidambar styraciflua Sabal Palm E Sabal sp. California Fan Palm E Washingtonia filifera Chinese Pistachio D Pistacia chinensis Bloodgood London Planetree D Platanus hybrida Black Hickory D Carya texana Sweetbay Magnolia D Magnolia virginiana Winged Elm D Ulmus alata • • Carolina Buckthorn D Rhamnus caroliniana Mexican Buckeye D Ungnadia speciosa Texas Perimmon D Diospyros virginiana American Holly E Ilex opaca Southern Magnolia E Magnolia grandiflora Texas mountain-laurel E Sophora secundiflora American Sycamore D Platanus occidentalis Sweetgum D Liquidamber styraciflua Rusty Blackhaw Viburnum D Viburnum rufidulum River Birch D Betula nigra Yaupon Holly E Ilex vomitoria Rough-leaf Dogwood D Cornus drummondii Cherry Laurel D Prunus caroliniana Japanese Yew E Podocarpus maccrophyllus Texas Redbud D Cercis canadensis texensis Sugar Hackberry D Celtis laevigata Slash Pine E Pinus elloittii Common Crapemyrtle D Lagerstroemia indica Texas Persimmon D Diospyros texana Camphor-Tree E Cinnamomum camphora Wax Myrtle D Myrica cerifera Loblolly Pine E Pinus taeda Mexican Plum D Prunus mexicana Flowering Crabapple D Malus spp. Saucer Magnolia D Magnolia soulangiana Bradford Pear D Pyrus communis Eastern Persimmon D Diospyros virginiana ShrubsBedding Plants Japanese Boxwood 1-3 ft. Buxus microphylia japonica Dwarf Euonymus 1-2 ft. Euonyumus japonica micro Silver King Euonymus 2-3 ft. Euonymus japonic silver king Dwarf Gardenia 1-2 ft. Gardenia japonica Dwarf Burford Holly 2-3 ft. Ilex cornuta burfordii Dwarf Chinese Holly 2-3 ft. Ilex cornuta rotunda Compact Japanese Holly 1-2 ft. Ilex cranata compacta Dwarf Yaupon Holly 1-3 ft. Ilex vomitoria nana Primrose Jasmine 1-2 ft. Jasminum meonyi Texas Sage 3-4 ft. Leucophyllum frutescana Dwarf Wax Myrtle 3-4 ft Myrica cerifera Dwarf Purple Nandina 1-2 ft. Nandina domestica nana Harbor Dwarf Nandina 2-3 ft. Nandina domestica harbor Dwarf Oleandar 2-3 ft. Nerium oleandar Turner Pittosporum 1-2 ft. Pittosporum tobira Turner Wheeler Dwarf Pittosporum 1-2 ft. Pittosporum tobira Wheeler Indian Hawthorne 2-4 ft. Raphiolepia indica Red Spirea 2-3 ft. Spiraca bummida Spring Bouquet 3-4 ft. Viburnum tinus Liriope 1-2 ft. Liriope muscari Asian Jasmine 2-3 ft. Trachelospermtun aria Japanese Aralia 1-3 ft. Fatsia japonica Red Barberry 2-3 ft. Berberis thunbergii Page 2 • • Cleyera 1-3 ft. Red Tip Photina 6 ft. Waxleaf Ligustrum 6 ft. Southern Wax Myrtle 6 ft. Minimum Height and Distance at planting. 1. Canopy trees 6 - 8 feet 2. Understory trees 5 - 7 feet 3. Shrubs 18" - 22" General Specifications for Shade and Ornamental Trees Cleyera japonica Photinia glabra Ligustrum japonicum Myrica cerifera 1 per 30' on center 1 per 20' on center 1 per 3' on center Container Caliper Height Spread Branch Height 15 Gal. 1 '/<" - 1 ''/z" 6'- 8' 2 'h' - 3' 3'-4' 30 Gal. 2" - 2 'h" 8'-10' 4'-5' 4'-5' 45 Gal. 2 ''/z" - 3" 10'-12' S'-6' S'+ 65 Gal. 3" - 3 'h " 12'-14' 6'-7' S'+ 95 Gal. 4" - 4 ''h" 14'-16' 7'-8' S'+ Flowering Ornamentals 15 Gal. 1" - 1 ''/a" 5'-7' 3'-4' 3'-4' 30 Gal. 1 'h" - 2" 6'-8' 4'-5' 4'-5' 45 Gal. 2" - 2 ''/z" 8'+ 5'+ 4'-5' Clump or Multi-trunk (3-5 cane 15 Gal. 6'-8' 2 ''/z' - 3' 30 Gal. 8'-10' 4'- 5' 45 Gal. 10'-12' S'+ 65 Gal. 12'-14' 6'+ Source: Southeast Texas Nursery Grower's Association Page 3 • Zone Change Request #R05-001 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Public Notice Responses • • Zone Change Request #R05-001 Planning and Zoning Commission February 17, 2005 Location of Pro osed Chan a Farrin ton Boulevard at Fairmont Parkwa Legal Description of Proposed Zoning TR 31 & Pt. TR 32, W.M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. A licant Fairmont Park, JV. Eddie V. Gar Present Zonin General Commercial GC Requested Zoning Low Density Residential (R-1) Acreage to be Rezoned Approx. 15 acres Surrounding Zoning North Low Density Residential (R-1) East General Commercial (GC) South General Commercial (GC) West Low Densit Residential R-1 Land Use Ma ResidentiaUCommercial Activit Pro osed Sin le-famil dwellin s Summary: • The applicant is requesting a rezoning of this property from General Commercial (GC) to Low-Density Residential (R-1) for the purpose of providing single-family dwellings to be known as Fairmont Park East, Section 12. • Proposed subdivision will be located adjacent to Fairmont Park Section 2 along both sides of Farrington Boulevard north of Fairmont Parkway. • The alignment of east and west section of the proposed development, in conjunction with the median cut along Farrington Boulevard, will be analyzed at the time of plat submittal. • The proposed subdivision abuts commercial development to the south along Fairmont Parkway. • The adjacent properties are zoned low-density residential except commercial along Fairmont Parkway. • The area is earmarked for residential/commercial uses in the Land Use Plan. • The effect of the change from GC to R-1 should not have an adverse impact upon the infrastructure. • The overall impact on public services should be minimal. • Streets/roads should have adequate capacity to handle the traffic generated by this proposed site. • The impact upon the .public health, safety, and welfare of the city should Recommendation: be minimal. • Staff recommends approval of the zone change request #ROS-001. Actions required by the Commission: • Recommend to Council approval of this rezone request #ROS-001. • Recommend to Council denial of this rezone request #ROS-001. • Table this item for further consideration by the Commission. ti ~ • Staff Report February 17, 2005 Zone Change Request #R OS-001 Requested bv: Eddie V. Gray, Trustee Fairmont Park, JV. Requested for: TR 31 and pt. TR 32, W. M. Jones Survey, A-482 Locations: Farrington Boulevard @ Fairmont Parkway Present Zoning: General Commercial (GC) Requested Zoning: Low-Density Residential (R-1) Background: The subject tracts are approximately 15 acres of land out of W. M. Jones Survey, A-482, La Porte, Harris County, Texas. The property is located along both sides of Farrington Boulevard just south of Fairmont Park, Section 2. The 9.786 acre tract is bounded by single-family residential subdivision (Fairmont Park Central Section 2) on the north, commercial uses to the south along Fairmont Parkway, east with Farrington Boulevard, and adjacent to the Big Island Slough on the west. The 5.159 acre tract is bounded by Fairmont Park Central Section 2 to the north, adjacent to existing commercial uses and commerciaUbusiness park along Fairmont Parkway on the south, and west on Farrington Boulevard. The applicant seeks a rezone from General Commercial (GC) to Low- Density Residential (R-1) for single-family dwellings (Proposed Fairmont Park East, Section 12). Ana sis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Parks and Recreation, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: 'Land Use -Review of the Land Use Plan shows this area developing with residential and commercial uses. The existing land uses are single-family residential (Fairmont Park) just north of the property, and commercial uses, i.e. retail stores, gas station, and childcare etc. along Fairmont Parkway. The rezone request is compatible with the existing land uses. ~~~ • Rezone Request #R OS-001 P&Z Feb 17, 2005 Page 2 of 2 • Transportation -Both tracts gain access using Farrington Boulevard, a minor arterial with 100' ROW, which provides access to Fairmont Parkway and Spencer Highway. However, Farrington Boulevard median cut and its alignment with the access points of the proposed development will be reviewed carefully at the time of plat submittal. Fairmont Parkway, asemi- controlled access highway with 250' ROW, may accommodate the traffic generated by this development. Parks and Recreation -The nearest park facility is in Fairmont Park Central Section 2 along Farrington Boulevard at Collingswood. This facility serves the parks and recreation needs of several neighborhoods within a 1 to 2 mile radius. At the time of platting, attention should be given to pedestrian connectivity. The subject tracts would provide the needed access to connect Big Island Slough to the Exxon-Mobil Pipeline as mentioned in the City's Bicycle and Pedestrian Implementation Plan. Utilities -Sufficient water and sanitary sewer facilities exist in the area. The detailed analysis will occur when subdivision plats are submitted. In addition, the developer must provide any structures or improvements necessary to serve future development. Storm water drainage and detention is also an issue that will be carefully reviewed as the project develops. Staff recommends on-site detention for the proposed development. Residential Development -The intent of the Comprehensive Plan is to provide for attractive low-density residential neighborhoods. The neighborhood protection standards applicable to this project may include physical screening, increased setbacks, and use of open space buffers. When reviewing the subdivision plat, the Commission may consider additional buffering between land uses, e.g. adjoining commercial uses along Fairmont Parkway. Conclusion: At this time, Staff recommends that the Planning and Zoning Commission approve this rezone request, as it represents the highest and best use of the property. Furthermore, the request supports the goals and objectives of the Comprehensive .Plan. Actions available to the Commission are as follows: • Recommend approval of the zone change from GC to R-1, as requested, • Recommend denial of the zone change from GC to R-1, and • Continue the public hearing until next meeting. • • A Meeting of the La Porte FE~s ~ ~ %;~~~~ Planning and Zoning Commission (Type of Meeting) Scheduled for ~~ ~ ~ ~~ ~' ~°" ~~ c~ ~-~ ~ February.l7, 2005 (Date of Meeting) to Consider Rezone Request #R05-001 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ~rt-~-~~v ..~~~ ~~~ ~.i~.. ~~~~-- cam- i S , 1-(i~,~1 A- st/~(~ Ez; .~ ~ ~ S~~ . Name (please print) r7 J ~ ,f Signature„ , F ~' ~ --__. 1f { , ~C~:~ lD ~,G ~ ~ c-~ w~ Address L ~~ Pte, ~T-,~ ~~~~~- ~ / City, State, Zip • • Zone Change Request #R05-002 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Public Notice Responses • • Zone Change Request #ROS-002 Planning and Zoning Commission February 17, 2005 Location of Pro osed Chan a 3900 Underwood Road Legal Description of Proposed Zoning TR 813 & N 300 ft. of LTS. 698 & 699 (4.7047), TRS 698A, 699A & 814 (4.8700 ac), and TRS 698B, 699B & 815 (4.8900 ac.), La Porte Outlots, W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. A licant Michael A. Fisco La Porte Pro erties, LLC. Present Zoning Low Density Residential (R-1) and Medium Densit Residential R-2 Requested Zoning Neighborhood Commercial (NC) Acreage to be Rezoned Approx. 14.5 acres Surrounding Zoning North Low Density Residential (R-1) East Underwood Road South Low Density residential (R-1) West Low Densit Residential R-1 Land Use Ma .Residential Activit Pro osed None • The applicant seeks a rezone from Low-Density Residential (R-1) and Summary: Medium density Residential (R-2) to Neighborhood Commercial (NC). • The purpose of the zone change is to bring the property into some degree of conformity with the current ordinances. • The City's Land Use Plan shows the subject tracts developing as Low Density Residential. • Nearby properties are overwhelmingly single-family residential, e.g. Summer Winds and Fairmont Park West Subdivisions. • The adjacent properties are zoned low-density residential. • The effect of the change from R-1 & R-2 to NC should not have an adverse impact on the surrounding properties. • Infrastructure may not be affected by this change. Staff recommends approval of the zone change request #ROS-002 with the Recommendation: following considerations: • The subject property has commercial establishments operating as pre- existing and non-conforming for several years. • The purpose of rezone request is to bring some degree of non- conformity into more conforming to the current ordinances. • The requested change is compatible with the zoning and uses of nearby properties. • Change from R-1& R-2 to NC could be considered as viable for future development of undeveloped land. • NC zoning would restrict future commercial developments to uses Actions required by compatible with surrounding residential developments. The Commission: • Recommend to Council approval of this rezone request #ROS-002. • Recommend to Council denial of this rezone request #ROS-002. • Table this item for further consideration by the Commission. ~~(t-~" ~ • • Staff Report February 17, 2005 Zone Change Request #R 05-002 Requested for: TRS 813 & N 300 ft. of lts. 698 & 699 (4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.), and TR 698B & 699B & 815 (4.8900 ac.) La Porte Outlots, W.M: Jones Survey, Abstract 482, La Porte, Harris County, Texas. Locations: 3900 Underwood Road Present Zoning: Low-Density Residential, R-1 and Medium Density Residential, R-2 Requested Zoning: Neighborhood Commercial, NC Background: • The property in question is located along Underwood Road between Spencer Highway and Fairmont Parkway. • AAA Flexible Pipe Cleaning Company, Inc. has been in business since 1958. The company moved its headquarters from South Houston to La Porte in 1972. • The nature of their business is to clean, video inspect, and repair sewer lines for commercial, municipal, and residential clientele. • R.L. Utilities, Inc. is serving the utility construction community since 1983. It specializes in water and sewer underground utility construction, repair work, rehabilitation work, sliplining, and site work for municipalities as well as commercial properties. • The subject property has commercial establishments operating as pre-existing and non-conforming for several years. • The purpose of rezone request is to bring some degree of non- conformity into more-conforming with the current ordinances. Analysis: The property described above is located on the west side of Underwood Road and is in the vicinity of Fairmont Park West, Summer Winds, and Spenwick Subdivisions, miscellaneous commercial retail, and Baker Junior School. Total area of the property is approx. 14.5 acres. An existing office building/ Zone Change #R OS-002 February 17, 2005 Page 2 of 4 establishment site is approx. 4.89 acres (30% of the total area), while the rest of the tract (70%) is vacant and fenced all around. The site under consideration is currently zoned Low-Density Residential (R-1) and Medium Density Residential (R-2). The property is located along Underwood Road, which is a primary arterial for north and south running traffic from Fairmont Parkway enroute to S.H. 225. Currently, the facility is being operated under SIC Code# 7699 (Miscellaneous Repair Services), which is a permitted use in General Commercial (GC) zone. The operation at this site is considered to be pre-existing and non-conforming. Keeping in view the future development of adjoining tracts and due to the broader ranges of uses allowed in GC zones; the NC zone is, by comparison, not as attractive for business development. The area in which the subject tract is located is one that, based on the criteria established by the City's Comprehensive Plan, is suitable for the requested zone. Staff feels that it will provide for better land use opportunities, some degree of conformity with the current ordinances, and protect neighboring residential uses by conforming the land use to neighborhood commercial development. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered for approving the zone change request. Other criteria may include: • Character of the surrounding and adjacent areas; • Suitability of the property for the uses permissible within the zoning designation;. • Extent to which approval of the application would detrimentally affect of substantially harm the value of nearby properties; • Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, • The gain, if any, to the public health, safety, and welfare of the City. Land Use -- A zoning change from Low-Density Residential (R-1) and Medium Density Residential (R-2) to Neighborhood Commercial (NC) would be compatible with the surrounding area. Neighborhood Commercial zones are designed to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. The zones Zone Change #R OS-002 • • February 17, 2005 Page 3 of 4 are intended to be small in size, located in close proximity to residential developments and situated so that they are not in direct competition with areas of General Commercial development. Some of the other uses allowed in a Neighborhood Commercial districts are as follows: Antique stores Doctors and dentists offices Drugstores Eating places Financial Hardware stores Parking Garages and Ramps Personal services Professional offices Recreational facilities Review of the City's Land Use Plan shows the subject tract is envisioned as developing for low-density residential uses. Current developments, however, include single-family residential, Junior High school, and retail commercial. Existing development at this particular property is considered to be pre-existing and non- conforming. The proposed rezone seems to be compatible in making current development "more conforming". Transportation - The tract in question gains access along Underwood Road, a primary arterial with 100' public right-of--way will accommodate the additional traffic generated by any future development at this site. Utilities -Utilities are in place to support the present development. No additional utilities .will be needed for future projects. Storm water drainage will be reviewed carefully with the development plan submittal for the future projects. Conclusion: The tract in question is suitable for the requested change. There are some commercial properties in the close proximity to these tracts. The development within the subject tracts should not have any adverse impact on the surrounding area. A change from residential to commercial should not negatively impact the surrounding properties and should not harm the value of the nearby properties. The overall impact on public services will be minimal. Moreover, the change would not adversely impact the public health, safety, and welfare of the City. Recommendations Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and Zone Change #R OS-002 • • February 17, 2005 Page 4 of 4 recommends approval. The property in question is suitable for the requested change to NC. Staff recommends changing the zoning designation of these tracts from R-1, R-2 to NC. Actions available to the Commission are listed below: • Recommend to Council approval of this rezoning request from R-1, R-2 to NC. Recommend to Council denial of this rezoning request from R-1, R-2 to NC: Table this item for further consideration by the Commission. • • A Meeting of the La Porte ~~ ~--~ ~ ~'• Planning and Zoning Commission ~ ~~f=i ~ ~' ~`:' °"~ (Type of Meeting) Scheduled for ~~ ``"' -°-~ February 17, 2005 (Date of Meeting) to Consider _ Rezone Request #R05-002 (Type of Request) I have -eiv otice of the above referenced public hearing. in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: L~r~y ~~~ Name (please print) ~ Address Signature CitS~, State, Zip ~'~p~ ~"~^ • • A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) ~ `"" r'<> ~. ` Scheduled for k ~,. ~. ~ -.. ; February 17, 2005 F - (Date of Meeting) ~ ~ ', ~ ~. q , ~ . E~ , to Consider Rezone Request #R05-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this requestQfor th_e f~oll/owing reasons: ~ ~ ~~ ~_---- a~~~ Address _ Ciry, State, Zip ..~`~~ • • A Meeting of the La Porte Planning and Zoning Commission -+ '_ , `` `~° ~~ t ~~ . (Type of Meeting) ~`~~ ~ ~ ~ { Rezone Request #ROS-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request fox the follolwing reasons: - r" ~ ~' i~ rv ~.( ,~ ~~ s ~' ~ ~: c~< <~ 2 J~. i'~ o ~~~ - 'vim 1~ sa ~ i 5 ~ -+~ ~ r~- l.(_ r~ `~ ' I _L ' k ~~ ~ ....~ -~ ~ C N r~~ •~; ~ 2 c~C ~ ~. s ~ r~~ c s S ~ t) ~, ~ .~ C~ (' f~ c~S .~ c- - Name (please print) ~~ Signature ~c~~L~~!~"' 5 ~~ ~~a~ 1~c ~~ ~~;:~~ Address City, State, Zip • • A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) Scheduled for February~l7, 2005 (Date of Meeting) to Consider l :1 ~. ,.. ~., r .~ 3 . Rezone Request #R05-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the fo/llowing reasons: YVl ~ ~~. ~f~l ~1.~ ~' ~T /~ C Name (please print) s ~v i V Signature ~~~9.z ~ ~~ S ~; ~ G~~~ ~~ Address ~~ City, State, Zip ~.S ~~ ,,L ~ ~ A Meeting of the La Porte _ Planning and Zoning Commission ~,~~,~ (Type of Meeting) ~i~~ 4' 9 F..-1 Scheduled for ~r~.~ ~ ~ ~~L February 17, 2005 ~-~~ ~, ~ i ~ , ; ~.~ (Date of Meeting) ~ ~~'~ 3 °~° $ ~ °_ ~~ ~ ~: to Consider Rezone Request #R05-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ~~%~'t r:'Y~~y' ~;,~~~ t~t.l~s.~t°'4,-~y~A-t~~L~ ~~u.~-~.~°u-C,l~-C. lV~~,~G„c~i3D-~~ i~ia'~IJ tz~. .~'/ i ~ {tom'-~ L: ~ GlAiG~C:`.~L ''? ~ J~ s ~ , ~ZC ~ / toy ~ /,~; ~ C~ i~ !{~/~1~:-~~ f~~/~2wc-cr.;'T '~' ~~~n1C'~2 ~~a.~ ll~~ ~i uJc~ ~ J 4i r/~e.E _Q' G l'cs" ~'L~--?~ f ~"> -~r ~5-,~~'ia~7' /l;~ e:'*u: r't-l E%i r i tom' w~ ~~~sLnk.~ ~~-a~ C-'~ ~ N..t=r-l `~ ~C. r~~n~C J i % . -~,~ / i s~ t ~ ~~.c max:: ~ i~~i~l-, Lc~._ ;;r"~~~ i~ ~ /Cesr' .Q-=s-su.,zt7~i ~~~' icy. i~ .~ TI~.S ~:,~ ~c~c~ : cJ ~ ~: Lr~ ia~ ~~<<.~' i i= _ ;f~i.~ S srtL L : ~~rcc~~ s ~ ~ 3 r~ / '7 F; lJ~-S~~Li ~~L/ Gc Name (please print) Address Signature City, State, Zip n /' i~z /,~C~, r~=-r-a~:ti.Lc7.~ ~ ter- ~'~~c ~~~.~11 _~' ~ r~ ~ ~' i vl ~ ~ ~-,~u~Gitif ~YZ?,i-T Gti i i l ~rf~1L'~ C~n;~ I-~~..~ ~rl~ ~ r i ~ ~~t-~c.' ~c ~.~ A 1e ~-z~ l~ b E•~} ~SG~ .~ ~LL~ :~ OC 1~7,-1r~ ~'G c,j,t-LtE" i ~ r%~~; s~'I r t~i7L~ ~ f= /"" ~~ ~L! ~/rG~tvS(s~c.znil~~-Lip/' Lt~e.~.'i~5 `t ! :'~'i/uL.Lc.~:"T ~~-lzl~ G~.,1L-r3r'.} ~~c~ ~G /u L~ Y' ~i w ~ L-C. ~! E ~" ~'KK~-/'cs~~ `~ti ' 1~(! a / 1 c~ ~ - ~ 1 isc- l+-Ai ~~c:-ac_ c~! ~~- (7 i 5 - r'~C r2-.~ ~ ~l~:~C r i~~~ ~! t C'~ .r-~s .~.~=L-~ C~ ~ 4'~ %/~~ Z ~ ui-~ T ~ ti ~ ~r`,~-1 e~ / i ;',~ ~L ~~, C ~~zsJ~ 1 ~-T~=~ l H~~ f-~ ~ '~ ~ ~c l,~c` Oi~'T ~~/~'Zcc= C~ w~. x-- ~ ~~.Ci ll-c- Z~.v ~"~ ' ~! ~ i- )s C ~ ~ Ll~i-S /'.,H~ . ~s-c~.~ f~i:-c r5cc:'~ s L+ iC~ ~c•r' (~A;x:l~ li.~~ E'DS ~~T ~LD'J~l ~f~~ %~ri-c,~C D r'= D:•~et- !'Lr.-~-` 5 ~~~1~t.'.5 , _A'-(~u~n.- ~~u ~ N!, i n.: ~z..~ ~. ~S %~~ ~%~i,~ •r~ ~~ ~ ~L.~ u 5 ~ / l~l.~% ~/~ c~ szt 5 ~. ~ f! ! ~S (.~ ~; !-fi ~~9 i;-1 G~ ~`~'c. : rJ ~l~ ~ ~"`~` % ,u~"~ ~ i4-n-L~ /.J i'+!L-~YL.~.t :,~,~~ 3 t ~ o ~~ ~~ ~ i r ~w~~iL.~N~ !'_» /-lcl6L (~cc..t7' ~ ~ C/L-5 b K~ ~ n ~ i G; ,~fi IeUG~ ~I~=Lr~~7~ cam! ~~ a ~~~~ ~ oe~j t~ ~ ci.~t~ ~ 5 u~ r t-! ~ ~~- `;c ~ z= a ~~ u- ~-~c:u-~~:-~ !.~~ ~ ~~ ~r~,~1 ~ti~ ._ ~~~ ,. %J t ~~~ kS ~ ~ ~ ~•~t-c%~ y t ~~~ .A-LZETn-'S ~i~~ ~ /~~ ~>?~~rG O~ ' j ~~2 N`~ ~~'~~ •~ A. r-.~; •; ~C:~n, ;f L. y C:. ~~ ~u 13~, ..f C~ ctil ~'~i l' ~?~-.~ ~ ~ ;c. ~'r~C 5 ,. f1 ~- ~ C i~~ ~--z. ~ ~ ~ ~ ,l~~i. o fir= ~l~ Z ~S ~~~~u.S~z~ ~'~ ~z~ GJo c5 r~ ~ D ~c 2 l=am N C~= ~ ~ ~ ~ K "J '~j ~.~ ~ 'tom ~-S~ j /~-~_ ~,,w~,tr ~ Gj /lr~~ i ~ ~`~ l-~u F/=~r2 C~ ~ i~ ~~ 'i c ~l~v'~' ~~ +~-~~ir^' 2~-,~~ ./ .~ nk,=/ec_. ~ o ~ ~~ ~~ c..~.e~.; ;a ~-rzJ ~~t~ G~~~zz',~! I'T /C.~--f~S c ~~~~. l~~.a.,~-'s ~^ r!= d r 1.~~~ ~- / ~ ~ ,, ,~ c--z<~4~ , ti~ ~ o . /~n.~ ~n ~~ C~l~ c.,.~ E.i~;~E ~~e a ~-lr U~~y~ ,~ e %~~ ~~ ~~L~ tom- ~ r~ ~~ ~l C ~ N ~~ n~ ~~~ '~ ~~~~n. ~~ '-r1-c~~. ~d-~-/J1tiGr r ti: i ~r5 t~~~z.~. , - T /-~rs ~-c) ~o t~ .~l ,~ ~ <' - f . / B ~) ~ ~ ~ ~~~ •~- o~~ 1 C~u_- I~OLJ (,6.~°yE Co71~.6~'j' //tE: l ~ ~~u N ~~1~ (Q , L-~~GZ..c~ i~ S ; /L c~.-c.~.~e L l ~ ~ . • • Zone Change Request #R05-003 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Public Notice Responses ~ • Zone Change Request #ROS-003 Planning and Zoning Commission February 17, 2005 Location of Pro osed Chan a 11820 North H Street Legal Description of Proposed Zoning TR 239A out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, Page 374 of Deed Records of the Harris County, the Enoch Brinson Survey, Abstract No. 5, La Porte, Harris County, Texas. A licant Richard Detwiler Chem Coast Present Zonin Low Densit Residential R-1 Requested Zoning General Commercial (GC) Acreage to be Rezoned Approx. 2.08 acres Surrounding Zoning North Low density Residential (R-1) East General Commercial (GC) South Low Density residential (R-1) West Low Densit residential R-1 Land Use Ma Commercial Activit Pro osed Office & arkin Summary: • The applicant seeks a rezone from Low-Density Residential (R-1) to General Commercial (GC). • The purpose of the zone change is to allow an office building and parking facilities for the present use. • The City's Land Use Plan shows the subject tract developing as commercial use. • Nearby properties are a mixture of low-density residential and business/commercial activities. • The adjacent properties are zoned low-density residential except general commercial to the east along Sens Road. • The effect of the change from R-1 to GC should not have an adverse impact upon the infrastructure. • Traffic may not be affected by this proposed development. Recommendation: Staff recommends approval of the zone change request #ROS-003 with the following considerations: • The present zoning designation was inappropriate at the time it was assigned. • The underlying land use would support commercial designation for the subject tract. • City's proposed Fire Station No.3 will be located just east of this facility at the corner of North H Street along Sens Road. • The requested change is compatible with the zoning and uses of nearby properties. • Change from R-lto GC would be considered viable for anticipated development. Actions required by the Commission: • Recommend to Council approval of this rezone request #ROS-003. • Recommend to Council denial of this rezone request #ROS-003. • Table this item for further consideration by the Commission. Y~~Ee~" ~ • • Staff Report February 17, 2005 Zone Change Request #R 05-003 Requested for: A 2.08 acres of land described as TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Locations: 11820 North `H' Street Present Zoning: Low-Density Residential, R-1 Requested Zoning: General Commercial, GC Background: • The property in question is located along North Avenue H near Sens Road in Lomax area. • At the time of consolidation of Lomax area into the City, the property in question was assigned a zoning classification of R-1 Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at that time. • During the zoning map review of 1981 (hand drawn color map), staff found the subject property is zoned Commercial. • Chem Coast, Inc. was founded in 1981. The business began in Galena Park. By 1987, the company moved to a new facility in La Porte. As per HCAD record, the facility was built in 1986. • On January 26, 1987, as part of the comprehensive rezoning of La Porte (Ordinance 1501), the subject property shows zoning as Low-Density Residential (R-1). • Under Ordinance 780, there were no functional differences between various types of commercial zoning designations. Under Ordinance 1501, there are definite differences between Neighborhood and General Commercial zones. • In 1992, the City switched to a computer based format for our zoning map. Zoning map amendments are shown on this computer generated map. • The subject property has commercial establishments operating under the current zoning ordinance 1501 (Chapter 106). Zone Change #R OS-003 • • February l7, 2005 Page 2 of 4 Analvsis: • The purpose of rezone request is to provide for additional office space and parking facilities. During 1991 zoning ordinance review, there were two Neighborhood Commercial (NC) zones located along the west side of 26~' Street (Sens Road). These zones occupy an area located between North `H' Street and northern boundary of the Pine Grove Valley Subdivision. The Pecan Villa Mobile Home Park separates the two NC zones (Exhibit). The Commission proposed rezoning of this area from NC to General Commercial (GC). The legal description of the tracts being considered was La Porte Outlots 241, 261, 280, TR 260A out of Outlot 260. This rezoning was proposed in response to the concern that neighborhood commercial is not the most viable zoning designation for these tracts. Chem Coast, Inc. is a full service Inspection Company, independent analytical testing lab serving the Port of Houston and Gulf Coast areas since 1981. The company offers variety of services, e.g. field services, analytical services, and customer service. Field Services consist of management, dispatch, and the marine inspectors groups. Analytical Services offer state of the art facilities and instrumentation to perform a wide variety of chemical analysis. The company utilizes standard methods and client supplied methodologies in the testing of sampling. Customer Service provides the vital support necessary for the coordination of all field and laboratory operations. The Chem Coast also provides additional services, e.g. writing of procedures and participates in consultation with terminal personnel both domestic and international. The property described above is located to the south of North H Street at approx. 300 ft. west of Sens Road. The City has purchased adjoining 1.835 acre tract out of Outlot 240 for future Fire Station No. 3 along Sens Road. The remaining part of Outlot 240 (0.69 ac.) is owned by Chem Coast. The area in which the subject tract is located is one that, based on the criteria established by the City's Comprehensive Plan, is suitable for the requested General Commercial (GC) zone. The request appears to be compatible with the surrounding uses. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered for approving the zone change request. Other criteria may include: • Zoning and uses of nearby properties; • Character of the surrounding and adjacent areas; Zone Change #R OS-003 • • February 17, 2005 Page 3 of 4 • Suitability of the property for the uses permissible within the zoning designation; • Extent to which approval of the application would detrimentally affect of substantially harm the value of nearby properties; • Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, • The gain, if any, to the public health, safety, and welfare of the City. Land Use- -- Review of the City's Land Use Plan shows the subject tract is envisioned as developing for commercial uses. Current development is considered to be commercial in nature. In addition, nearby properties along Sens Road are commerciaUindustrial. The proposed rezone seems to be compatible in making current development "more conforming" with the ordinances. Transportation -The tract in question gains access along North H Street with 60' public right-of--way will accommodate the additional traffic generated by the proposed development. Utilities -Utilities are in place to support the proposed development. No additional utilities will be needed for this project. Storm water drainage will be reviewed carefully with the development plan submittal for the proposed project. The tract in question is suitable for the requested change. There are General Commercial zone properties in the close proximity to this tract. The development within the subject tracts should not have any adverse impact on the surrounding area. A change from Low-Density Residential to General Commercial should not negatively impact the surrounding properties and should not harm the value of the nearby properties: ~: The overall impact on public services will be minimal. Moreover, the change would not adversely impact the public health, safety, and welfare of the City. Conclusion: When considering a rezoning, the Planning and Zoning Commission is charged to base its.determiriation on certain criteria and conditions. A tract of property may be considered for rezoning if it is determined that: The present zoning designation was assigned as a result of error, or; The present zoning designation was inappropriate at the time it was assigned, or; • • A Meeting of the La Porte i. ~_ .~ S~~~ "~ Planning and Zoning Commission . . v (Type of Meeting) ~- r ~ • ;- ~ ~ i3 ~ ' ~ ~' Scheduled for q 5 February 17, 2005 (Date of Meeting) to Consider Rezone Request #R05-003 ("Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: Ci'>^Y vF ~~ - 0~2;~ ~rao Ci~~~c~ Z.o~,.~c- pF ~Ti~is P~o~22•ry IN ~ 9~'b ~/Ilym ~~ i7 ~'~ ~/T~ ~onl~'7''2u~Tiv~ l~//fi5 ~omPG~r'~~r/j~~r ~ei~-~ryr I am OPPOSED to granting this request for the following reasons: ame lease print) Address Signature Ciry, State, Zip ~1Bf#` Zone Change #R OS-003 • February 17, 2005 Page 4 of 4 • There has been a sufficient degree of change in or around the area in question to render the present zoning designation inappropriate. Based on the siting criteria above, the tract in question is suited for General Commercial designation. Additionally, the underlying land use would support commercial designation for the subject tract. It, therefore, appears that the R-1 zoning assigned to the property in 1987 is inappropriate and an error was made in assigning zoning classification. Granting the requested change would not be contrary to the goals and objectives of the Comprehensive Plan. Recommendations Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from R-1 to GC. Actions available to the Commission are listed below: • Recommend to Council approval of this rezoning request from R-1 to GC. • Recommend to Council denial of this rezoning request from R-1 to GC. • Table this item for further consideration by the Commission. • Special Conditional Use Permit #SCU05-003 Exhibits A. Commission Action Request B. Aerial Map C. Staff Report D. Development Agreement (Draft) E. Draft SCUP F. General Plan Special Conditional Use Pert~SCU05-003 Planning and Zoning Commission February 17, 2005 Location of Pro osed Chan a 2000 Block of Powell Road South 16` Street Legal Description of Proposed Zoning Geo B. McKinstry, A-47; W.P. Harris Survey, A- 30; Johnson Hunter Survey, A-35; City of La Porte, Harris Count ,Texas A licant Stuart Ha nsworth Present Zonin Planned Unit Develo ment PUD Acreage Approx. 342 acres Surrounding Zoning Planned Unit Development (PUD) and Light Industrial LI Land Use Ma IndustriaUCommercial Activit Pro osed Industrial/CommerciaVRetail Summary: The applicant is requesting a Special Conditional Use Permit (SCUP) for developing an industrial park containing rail operations, warehousing, industrial and commercial uses. This request was initially approved as SCU# 98-001 with one-year extension; and again as SCU#02-002 with another extension. The first SCUP expired for lack of activity and the latter was expired on June 20, 2004. Staff received a fresh application with a general plan. The owner/developer also amended the same development agreement in anticipation of new developments or changes in the area. Recommendation: Recognizing that there are complex issues associated with this development, Staff and the Developer created a preliminary development proposal. All applicable elements of the Comprehensive Plan were initially reviewed and incorporated into this development proposal. Given that we now see some forward movement on the development in general, Staff recommends the Special Conditional Use Permit with the understanding that a revised General Plan, Development Agreement, and all supporting documents contained therein will be presented in final form and that this SCUP does not go into effect until all elements are considered by the Commission and approved by the City. Should the Commission wish to approve the SCUP in its present format, we recommend the following: 1. This SCUP does not go into effect until amended General Plan, Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 4. .Said submittals shall be in accordance with the SCUP, General Plan, the future approved Development Agreement. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Actions required by the Commission: • Recommend to Council approval of this SCUP with conditions. • Recommend to Council denial of this SCUP. • Recommend tabling this SCUP for further review. ~~C~~~~~ • • Staff Report Texas Import/Export Park February 17, 2005 Special Conditional Use Permit #SCU05-003 Request: Special Conditional Use Permit#SCU05-003, Proposed Development of TIEP within a Planned Unit Development (PUD) Zone Requested By: La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., and La Porte 146, Ltd., by Stuart Haynsworth, General Partner Requested For: Approximately 342 acre tract in the George B. McKinstry League, Abst.-47; W. P. Harris Survey, A-30; Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (South 16~' Street). Present Zoning: Planned Unit Development (PUD) Requested Use: Industrial, Commercial and Retail Background: Texas ImportBxport Park is a proposed industrial, commercial and retail development to be located in an area south of Fairmont Parkway between the existing Union Pacific Railroad tracks and the State Highway 146 South. As a part of the PUD development process, the applicant previously submitted a Special Conditional Use Permit and a General Plan covering the La Porte 81 Ltd., 82 Ltd., and 115 Ltd., and Daetwyler Enterprises. The Planning and Zoning Commission initiated a Public Hearing for the SCUP and General Plan on July 21, 1998 and concluded that public hearing on August 20, 1998. On March 3, 1999, the Commission unanimously recommended approval of the SCUP, General Plan, and the Development Agreement. On March 15, 1999, City Council approved the General Plan, SCUP#98-001, and the Development Agreement. Only Stuart Haynsworth, General Partner of La Porte 81 Ltd., 82 Ltd., and 115 Ltd. executed the Development Agreement. Daetwyler Enterprises (now CDM Enterprises) did not execute the Development Agreement. On Apri127, 2000, the Commission granted a one (1) year extension for SCUP#98-001. In February 2002, Mr. Haynsworth initiated a request to re-authorize the General Plan, Development Agreement and SCUP. The applicant's request was essentially a repeat of the previously approved SCUP#98-001 less the Daetwyler (now owned by CDM) properties. ~~ • • SCU05-003 Feb 17, 2005 Page 2 of 4 At the May 16, 2002 meeting, the Planning and Zoning Commission held a public hearing to re-authorize the General Plan, Development Agreement and Special Conditional Use Permit (SCUP) request #SCU02- 002. On June 10, 2002, City Council approved General Plan, Development Agreement and SCUP#02-002. A one-year extension was subsequently granted in June 2003, which was expired on June 20, 2004. Owner/developer submitted another application for Special Conditional Use Permit #SCU04-O11. The Planning and Zoning Commission, at their meeting on June 17, 2004, held a workshop and discussed the following issues: • Site plan submittal • Dedication/improvement to Powell Rd. • Phase I-A development (strip of land contiguous to UPRR containing two rail lines) • Phase I development (first warehouse, with rail access) • Access from Powell Rd. • Traffic flow concept for entire project The outstanding issues were too complex for staff to make a recommendation at that time. In addition, the applicant requested to submit the new plan at the next meeting. Later, per instructions from the City Attorney, as the subject property was under litigation, an application along with the check was returned to the applicant. Analysis: Section 106-216 of the Code of Ordinances, and the approved SCUP both define aone-year time frame for construction to begin for the Phase I development. Failure to begin construction within one year voids the approved SCUP unless an extension is granted by the Commission. Since approval of the extension on SCUP#02-002 from City Council, no construction occurred at the site. The applicant stated that unforeseen reasons delayed the project, but the applicant expressed interest in developing the site. Since another extension on the present SCUP was not allowed, this request represents a new submittal. Staff received a general plan for proposed development of Texas Import/Export Park. There are no notable changes in the development conditions that would affect the subject property. All infrastructure requirements are the same as they were when this project received initial .approval. This project shows some forward progress with the new developers. The developer asked that present conditions have mandated changes to the Developer's Agreement associated with this SCUP. There are few notable • • SCU05-003 Feb 17, 2005 Page 3 of 4 changes requested by the owner/developer to the present Development Agreement, which are summarized as follows; • The applicant requests that payment of $50,000 for a traffic study not be required since the County has undertaken the construction of an overpass at Fairmont parkway and Powell Road, or in the alternative, that any payment for that purpose be made only if a building permit is granted for any area east of Powell Road, and an agreement with the City is reached concerning economic benefit and need for the study. • This agreement also contemplates that all trucks will enter and leave the site via SH146 and Wharton Weems Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. These roadways will not be constructed as 4 lane right-of--ways. As, Harris County agreed to fund the overpass at Fairmont Parkway, this is simply one of many issues regarding traffic impacts of the proposed project. In addition, other traffic engineering studies need to be funded by the owner/developer. While, the City's Thoroughfare Plan, Comprehensive Plan, and TIRZ recommend 4-lane road for this area. The controlled traffic will be directed to State Highway 146 via Powell Road to Wharton Weems Blvd., both to be constructed as 4-lane roadways to Harris County Major Thoroughfare Standards. Site Rail Traffic -The Union Pacific Railroad Overpass construction project will start in May 2005. Construction will likely take approximately 12 months. It is likely that the overpass over the railroad tracks on Fairmont Parkway will be completed before the Texas Import/Export facility contributes significant traffic to the existing rail lines crossing Fairmont Parkway. Once constructed, there will, of course, be zero impact to vehicular traffic on Fairmont Parkway due to stopped trains, switching etc. The usual and customary delays to vehicular traffic on Fairmont Parkway due to the overpass construction should be expected. Utilities -The proposed waterline interconnect loop to be used for both fire suppression and potable water supply will likely have to continue the existing waterline on Powell Road south to the newly proposed intersection of Wharton Weems Blvd and Powell Road whereupon the waterline will turn east and run to SH 146. A set of bores will likely be needed to run the future waterline across SH 146 to connect to the existing 16" waterline on the east side of SH 146. It is expected that the waterline will continue south through the proposed intersection of Wharton Weems Blvd and Powell Road south to McCabe Road, thence east to SH 146. Again, a set of bores will likely be needed to take the future waterline across SH 146 to connect to the 16" waterline on the east side of SH 146. The Public Works Department has assured us in the past that the City has ample water supply to accommodate the projected demands. • • SCU05-003 Feb 17, 2005 Page 4 of 4 Drainage - It is expected that the anticipated drainage study on the subject property will include the effect of the development on the surrounding properties as well as the development's effect on the watershed. A thorough drainage report will and should include such effects. Such a report should give details of the proposed drainage channel to be constructed extending A104-00-00 into the development, its use as in-line detention, expected runoff flows and internal drainage subareas. For the properties (if there are any) that drain through the property in question, it is also expected that the drainage report will address such impacts and suggest mitigation efforts. Conclusion & Recommendation: Recognizing that these are difficult issues, Staff and the developer created a preliminary development proposal. All applicable elements of the Comprehensive Plan were initially reviewed and incorporated into this development proposal. Given that we now see some forward movement on the development in general, Staff recommends the Special Conditional Use Permit with the understanding that a revised General Plan, Development Agreement, and all supporting documents contained therein will be presented in final form and that this SCUP does not go into effect until all elements are resubmitted to the Commission and approved by City Council. Should the Commission wish to approve the SCUP in its present format, staff recommends the following: 1. This SCUP does not go into effect until amended General Plan, Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by this General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 4. Said submittals shall be in accordance with the SCUP, the approved General Plan, and the future approved Development Agreement. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Actions required by the Commission: • Recommend to Council approval of this SCUP with conditions. • Recommend to Council denial of this SCUP. • Recommend tabling this SCUP for further review. • • DEVELOPMENT AGREEMENT "DRAFT" This DEVELOPMENT AGREEMENT ("Agreement") is entered into between La Porte 81, Ltd.; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, General Partner and attorney in fact respectively; and their Successors and Assigns (Owner-Developer) and CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the day of March, 2005. Recitals Owner-Developer has proposed development of an approximate 342-acre tract in the City of La Porte, as the Texas Import-Export Park, which is referred to as the Tract and defined hereinafter in Article I. Owner-Developer plans to develop the Tract, presently zoned PUD, for retail, commercial, business park with some industrial uses. Owner- Developer shall construct municipal utilities, including streets, a water distribution system, wastewater collection system, and the storm drainage/detention system that will connect with the existing City of La Porte and other regional systems in accordance with development regulations and policies of the City and Harris County Flood Control District. The City has required, and Owner-Developer has agreed, that the tract will be developed in accordance with the General Plan approved by the City (as defined below and attached hereto). AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the City and Owner-Developer agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS 1.1 Definitions. Unless the context indicates otherwise, the following words as used in this Contract shall have the following meanings: City means the City of La Porte, Texas. General Plan means the plan for the physical development and use of the Tract as defined herein and approved by the City on 2005, or as amended as allowed herein. Owner-Developer means La Porte 81, La Porte 82, La Porte 115, Ltd. Partnerships or their assigns or succeeding developers. Tract means the approximate 342 acres of land to be developed by Owner-Developer as described in Exhibit A. Development Agreement (Draft) Page 1 of 9 C~1~1~ .~ • • 1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully incorporated herein: Exhibit A -Special Conditional Use Permit (SCUP) Exhibit B -Metes and Bounds Description of the Tract(s) Exhibit C -General Plan, Noting Proposed Section One Boundary and Uses Exhibit D -Land Use Exceptions Exhibit E -Draft Declaration of Restrictive Covenants for Texas Import Export Park applicable to all construction and uses. Exhibit F -Open Space /.Trail System -Cross-Section Exhibit G -Traffic Control Plan Exhibit H -Harris County Major Thoroughfare Standards ARTICLE II. GENERAL PLAN AND LAND USE 2.1 General Plan and Land Use. Owner-Developer shall develop the entire Tract in accordance with the General Plan, SCUP and this Agreement approved by the City. The General Plan is attached herewith and additional Land Use Restrictions are provided for in paragraph 2.3. 2.2 Amendments. The City acknowledges and Developer represents that Developer's intent is to develop the Tract as a predominantly commercial PUD development, with some industrial components consistent with City's Land Use Plan subject to certain exceptions listed below. Developer or Developer's successors shall provide appropriate amenities and support facilities as set forth on the General Plan, which is attached to this Agreement. City acknowledges that Developer intends to develop the Tract in phases, and that all development shall be consistent with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should Developer determine that the General Plan needs to be amended, Developer shall submit an application for amendment of the Special Conditional Use Permit, which said application shall be processed consistent with this Agreement, the current General Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and established policies, and further agrees that land uses shall be further restricted according to "Exhibit D". ARTICLE III. RESTRICTIVE COVENANTS Development Agreement(Draft) Page 2 of 9 • 3.1 Development of Restrictive Covenants. Owner-Developer has developed - Draft Declaration of Restrictive Covenants for Texas Import-Export Park, which are attached to this Agreement as Exhibit "E". These protective covenants and deed restrictions will apply to and be binding- upon the Tract, and shall be in form substantially similar to Exhibit "E". The covenants and deed restrictions shall be approved by the City and shall be recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term. This Agreement shall have a term commencing on the date first written above, and continuing until the sooner to occur of (i) the date in which all portions of the Tract have been. platted and developed (with construction of all streets and utilities on the Tract as reflected by the plats completed or installed and financed by the Owner- Developer). Failure of Owner-Developer to begin construction in accordance with the Special Conditional Use Permit within one year after issuance of said permit, or as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner-Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian Trail System. The Owner-Developer shall provide common open space as shown in the City's Pedestrian & Trail Plan and the General Plan. This will be incorporated within- the shown drainage easement and detention pond/drainage system, the cross-section details of which are further illustrated on the attached Exhibit F. It is recognized that, until the final design of the detention pond/drainage system is approved, the exact location and _dimensions of these facilities are unknown. When the final design is approved, the City will evaluate the potential for use of these areas as public recreation amenities. At that time and with mutual consent, the City may elect to accept these facilities either in easement or fee. The initial development, of the. detention. pond/drainage system and perimeter landscaping of these- facilities shall be the responsibility of the Owner - Developer. The responsibility of ongoing .maintenance of these facilities shall also be determined after reviewing the final design. 5.2 Buffering and Beautification: The Owner-Developer shall implement a uniform and/or compatible landscape plan .for all .phases of the entire project that will address landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or reserves throughout. A Landscape Buffer (100-feet wide) shall be provided along the west side of Powell Development Agreement(Draft) Page 3 of 9 • • Road and shall include extensive screening-type vegetation with grassed berms within the existing pipeline easement. A landscape buffer, 50' wide, will also be provided along State Highway 146. Landscape reserves shall also be included adjacent to all roadways, including the east side of Powell; but rather than screen, shall be landscaped compatible with the zoning and use of that adjacent property. 5.3 Signage. The Owner-Developer shall implement a sign standards policy, as part of the Declaration of Restrictive Covenants (Exhibit "E") consistent with the City's Code of Ordinances as guidance to insure effective and uniform signage is employed throughout the project. This policy will include uniform and/or compatible project identification monuments, business signage, street and other traffic directional devices conforming to the project's traffic control plan and deed restrictions. 5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to conditions of the deed restrictions and landscape plan. The maintenance of the buffers, reserves and easements will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions, enforced by the POA. The Open Space/Pedestrian Trail System shall be constructed within or adjacent to the drainage easement and detention pond/drainage system as dictated by the final detention design. Ownership and maintenance of the Open Space/Pedestrian Trail System and drainage/detention pond system shall be determined according to Article 5.1 of this Agreement. ARTICLE VI. SCHEDULE 6.1 Schedule. The Owner-Developer shall establish a specific schedule for the development and construction improvements of the project with the end user(s). As the construction of the project is to be in stages, then the components contained in each stage must be clearly delineated. However, as the basis of that detailed schedule, the following work program.. is anticipated: • Initiation of complete engineering study, including drainage and preliminary infrastructure design. • Detailed engineering design for Phase One, being all or substantial part of area identified herein as Section One. This would include rail connection to main line and a minimum spur connection to first building anticipated, water and sanitary sewer service initial drainage and detention to accommodate Phase One; • Construction of Wharton Weems Blvd. and Powell Road shall be completed within 12 months of Phase One completion; • Initiation of procedure to abandon and relocate portions of Powell Road, south of the project of Wharton Weems Blvd. shall begin within three months of SCUP approval. • Subdivision platting, site plan, and detailed engineering plans review by the City of La Porte and others; Development Agreement(Draft) Page 4 of 9 • • • Plat must demonstrate easements, dedicated to the City of La Porte, that provides access through private property for drainage and maintenance purposes. • Initiation of construction pursuant to item 6.1(b) above, identified as Phase One; and • Continuation of remainder of development as rapidly as market demands. ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY 7.1 Fire Protection. The Owner-Developer shall formulate a plan for fire protection to serve the Tract by separate agreement with the POA and respective grantees. 7.2 Hazardous Materials. The Owner-Developer agrees no hazardous materials as identified in State and Federal Standards (NEPA), OSHA, as well as City Fire Code, shall be stored on site. Compliance will be enforced by the POA in concert with the City. 7.3 Safety. The Owner-Developer shall formulate a public safety and training plan with the City and POA, to ensure safe, efficient handling and storage of materials prior to issuance of a building permit. ARTICLE VIII. TRAFFIC CONTROL PLAN 8.1.1 Traffic Control Plan. The Owner-Developer shall establish a Traffic Control Plan for the entire project to regulate to the extent practical project-generated vehicular traffic. In Section One, based on the target market use, the Traffic Control Plan (shown on the attached Exhibit G) will include designated truck routes to and from the site, segregation of automobile traffic, limitation of access from public streets (driveways) and utilization of common cross easements between tracts for internal circulation. 8.2 Truck Traffic. This controlled traffic will be directed to State Highway 146 via Powell Road to Wharton Weems Blvd. Project driveways will be constructed to induce proper directional movement to preempt to the extent practical north bound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In addition, Owner-Developer shall employ routing plans, driver instruction, and other controls as necessary to obtain compliance of carriers, employees, and regular contractors or service vendors. 8.3 Driveway Access. The Owner-Developer shall establish driveway access controls that shall be controlled through restrictive covenants, architectural controls and City Site Plan review. This will include conditions and design standards consistent as to size, but fewer in number as established in TxDOT Driveway Manual and the City Zoning Code (106-835) pursuant to specific site plan review. Unless otherwise approved during review of preliminary and final plats, driveways along SH146 entering this Tract shall be limited or controlled access techniques will be applicable. Provision shall be made, where practical, for internal cross-access easements to maximize ingress, egress and circulation to minimize congestion on public rights-of-way and to encourage traffic to be directed to Wharton Weems Blvd. interchange. Development Agreement(Draft) Page 5 of 9 • • 8.4 Transportation Issues The Developer shall continue to work with the City, Harris County and other public and private sector interests to implement the timely study and/or construction of transportation components. The developer shall provide a proposed schedule of construction for transportation components that impact this project. ARTICLE IX. SITE RAIL TRAFFIC 9.1 Site Rail Traffic. Proposed development of overpass on Fairmont Parkway will improve rail efficiency in the area and potentially decrease current rail impacts on Fairmont Parkway due to stopped trains, switching etc. However, on-site rail facilities and operations shall be controlled by Owner-Developer. ARTICLE X. UTILITIES, DRAINAGE 10.1 Utilities, Drainage. The Owner-Developer shall design and construct adequate water, wastewater, and drainage facilities to serve each phase of this project in accordance with the City requirements and as further defined by this Agreement. As to water and sanitary sewer, this would include a water system necessary for both fire suppression and potable water supply with. a loop connection to the 16" main on the east side of S.H. 146 and a gravity wastewater disposal system that flows into a 60" trunk line on "K" street south of Fairmont Parkway. The Developer will provide a drainage study for the subject property, which will include the effect of the development on the surrounding properties as well as other properties in the watershed. The study and design of drainage improvements shall meet the requirements and approval of the City and Harris County Flood Control District. Owner- Developer's representative agrees to meet with City, prior to design of public utilities, to discuss design criteria standards and policies. City shall approve all construction plans and specifications for public improvements. ARTICLE XI. BUILDING LINES 11.1 Building Lines. The Owner-Developer shall establish building lines appropriate to the use, but not less than those prescribed in the City's Code of Ordinances. Within the industrial area west of Powell Road there will be a landscaped 100-foot buffer and building line along Powell Road. Similarly, along State Highway 146, a 50-foot landscape buffer and building line shall be maintained. These respective 100 and 50 feet landscape buffers shall be kept free from all other uses with the exception of signage, approved drives and entrances. Owner-Developer agrees that other building lines will be either equal to or greater than that required by ordinance for the zoning use shown and shall be based on site use and orientation of the improvements or as shown on the General Plan. ARTICLE XII. MISCELLANEOUS Development Agreement(Draft) Page 6 of 9 • • 12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the entirety or any portion of the Tract to a person or entity intending to develop the tract or such portion thereof (a "Successor Developer," whether one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate this recorded Contract and exhibits hereto and provide that this Contract be binding on such Successor Developer. 12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure in writing to the party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of inability then claimed, but for no longer period; and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests,. restraining of government and people, civil disturbances, explosions, or partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner-Developer under any set of circumstances prior to commencement of construction on the Tract. 12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent jurisdiction. 12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party hereto of any term, covenant, condition, or liability hereunder, or the performance by any party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and .collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills); must be in writing and may be given or be served by depositing the same in-the United States Postal Service and addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of three (3) days after it is deposited. Notice given in any such other method shall be effective when received by the party to be notified. For the purpose of notice, addresses of the parties shall, until changed as hereinafter provided, be as follows: Development Agreement(Draft) Page 7 of 9 • If to the City, to: City of La Porte Attn: City Manager 604 W. Fairmont Parkway La Porte, Texas 77571 • If to Owner/Developer, to: La Porte 81, Ltd. La Porte 82, Ltd. La Porte 115, Ltd. c/o Stuart Haynsworth, 815 Walker,Suite 1435 Houston, Texas 77002 General Partner The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written notice to the other. 12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner- Developer and shall not be construed to confer any benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner-Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. 12.10 One-Party Breach. Any breach of this agreement by one party identified and referred to herein as Owner-Developer shall not be or constitute a breach of this agreement by the other party of Owner-Developer. 12.11 Covenant Running With .the Land. The obligations imposed on Owner- Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners thereof. OWNER-DEVELOPER La Porte 81, Ltd. La Porte 82, Ltd. La Porte 115, Ltd. Development Agreement(Draft) Page 8 of 9 • By: Stuart Haynsworth, General Partner Date: CITY OF LA PORTE, TEXAS By: City Manager Date: ATTEST: Martha Gillett, City Secretary APPROVED: John D. Armstrong, Assistant City Attorney Development Agreement(Draft) Page 9 of 9 City of La Porte "Draft" S ecial Conditional Use Permit #SCU~5-003 P This permit is issued to: La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd., La Porte 146 Ltd and Stuart Haynsworth General Partner Owner or Agent 815 Walker, Suite 1435 Houston, Texas 77002 Address For development of: A 342 acre Planned Unit Development, known as Texas Import/Export Park, a mixed use development further defined by a General Plan prepared by Northrup Associates, Inc. The Planned Unit Development is further defined by a Development Agreement between the Owner/Agent listed above and the City of La Porte. This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Agreement. Development Name Legal description: 342 acres of land out of the George B. McKinstry League, A-47; William P Harris Survey, A-30; Inhncnn Hunter S Irv _y, A-35 and more particularly described by "Exhibit B" -Development Agreement. Zoning: "Exhibit A" -General Plan of Texas Imo /Export Park. These permitted land uses are more specifically defined and/or restricted by conditions established in the Develo mp ent Agreement. Permit Conditions: 1. This SCUP does not go into effect until amended General Plan, revised Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 4. Said submittals shall be in accordance with this SCUP, the approved General Plan, and the future approved Development Agreement. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within one (1) year 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 ~~~~~