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HomeMy WebLinkAbout03-17-2005 Regular Meeting, Public Hearing, and Workshop Meeting of the La Porte Planning and Zoning Commission• L~ PLANNING AND ZONING COMMISSION MINUTES OF MARCH 17, 2005 Members Present: Pat Muston, Paul Berner, Dottie Kaminski, Claude Meharg, Nick Barrera, Les Bird (Alt. 2) Members Absent: Doretta Finch, Kirby Lipscomb, Jr., Hal Lawler (Alt. 1) City Staff Present: Planning Director, Wayne Sabo; Planning Coordinator, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Peggy Lee 1. CALL TO ORDER Meeting called to order by Chairperson Muston at 6:00 p.m. 2. APPROVE MINUTES OF THE FEBRUARY 17, 2005, REGULAR MEETING AND PUBLIC HEARING. Chairperson Muston noted a correction to the Minutes changing names on Page 6, Paragraph 5, Line 1, from Mr. Davis to Mrs. Hargett. Motion by Paul Berner to approve the Minutes of February 17, 2005, with the correction to change names on Page 6, Paragraph 5, Line 1, from Mr. Davis to Mrs. Hargett. Second by Nick Barrera. The motion carried. Ayes: Berner, Barrera, Kaminski, Meharg, Bird and Muston Nays: None Abstain: None 3. CONSIDER PRELIMINARY PLAT FOR PROPOSED FAIRMONT PARK EAST SUBDIVISION, SECTION 12. Planning Coordinator, Masood Malik, presented staffs report. Eddie Gray has requested approval of a Preliminary Plat for Section 12 of Fairmont Park East Subdivision, located along both sides of Farrington Blvd. approximately 200' from Fairmont Parkway. Staff recommended approval of the plat with the conditions outlined in staffs report. Motion by Nick Barrera to approve the Preliminary Plat for Fairmont Park East, Section 12 with the following conditions: ^ Construction drawings shall indicate off-site drainage improvements to ensure proper drainage of the adjacent commercial property and residential subdivision. ^ Developer shall be responsible for installation of sidewalks along both sides of all public streets within the subdivision and along the east and west right-of-way line of Farrington Blvd. to the end of the subdivision line. Second by Paul Berner: The motion carried. Ayes: Barrera, Berner, Kaminski, Meharg, Bird and Muston Nays: None Abstain: None Plannin and Zonin Commiss• • 9 9 Minutes of March 17, 2005 Page 2 4. CONSIDER ONE-YEAR EXTENSION OF PRELIMINARY PLAT APPROVAL FOR PROPOSED GREEN CREST SUBDIVISION TO BE LOCATED AT NORTH "L" STREET. Planning Director, Wayne Sabo, presented staffs report. In April 2004, the Commission approved the Preliminary Plat for Green Crest Subdivision. Staff received a letter from the Developer requesting cone-year extension for filing the Final Plat. In his request, the Developer stated that the delay has been due to plan review, approval by other entities, which is currently in progress, as well as drainage issues with the County and School District. Richard Cansler stated the delay occurred while trying to resolve drainage issues with Flood Control, the County, and the School District. The School District has agreed to provide an easement. Mr. Sabo and Mr. Cansler responded to the Commission's questions. Staff recommended approval of the extension. Motion by Dottie Kaminski to approve the one-year extension of Preliminary Plat approval for the proposed Green Crest Subdivision. Second by Paul Berner. The motion carried. Ayes: Kaminski, Berner, Barrera, Meharg, Bird and Muston Nays: None Abstain: None 5. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT #50005-004 AND GENERAL PLAN FOR PROPERTY LOCATED IN THE 1200 BLOCK OF MCCABE ROAD AND STATE HIGHWAY 146, FURTHER DESCRIBED AS 107± ACRE TRACT IN THE W.P. HARRIS SURVEY, ABSTRACT 30; LA PORTE, HARRIS COUNTY, TEXAS. MR. ROBERT BURCHFIELD, OF BURCHFIELD DEVELOPMENT, L.P., SEEKS APPROVAL OF A GENERAL PLAN AND SPECIAL CONDITIONAL USE PERMIT FOR DEVELOPMENT OF PROPOSED PRESERVE AT TAYLOR BAYOU WITHIN A PLANNED UNIT DEVELOPMENT (PUD) ZONE. Chairperson Muston opened the public hearing at 6:20 p.m. A. STAFF PRESENTATION Mr. Sabo presented staffs report. A special conditional use permit is currently approved for the proposed Preserve at Taylor Bayou to be located in the 1200 block of McCabe Rd. The Developer has re-designed the master planned community and has submitted an amended General Plan. Public notices were mailed to 21 property owners within 200' of the proposed development. The City received two responses, both in opposition of approval. B. PROPONENTS Robert Burchfield, the Developer, briefed the Commission on the latest plan for the development. The Florida firm of Looney, Ricks, Kiss (LRK) was chosen to re-design the project. Paul Woodall, working with Mr. Burchfield, described the LRK design project, Celebration Florida, which is the residential development around Disney World. Plannin and Zonin Commission • 9 9 Minutes of March 17, 2005 Page 3 David Sepulveda, Project Engineer, confirmed they are coordinating with the development to the north to route sanitary sewer to Lift Station #6. C. OPPONENTS No opposition was presented. 6. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:53 p.m. 7. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU05-004 AND GENERAL PLAN FOR PROPERTY LOCATED IN THE 1200 BLOCK OF MCCABE ROAD AND STATE HIGHWAY 146, FURTHER DESCRIBED AS 107± ACRE TRACT IN THE W.P. HARRIS SURVEY, ABSTRACT 30; LA PORTE, HARRIS COUNTY, TEXAS. Motion by Paul Berner to recommend to City Council, approval of Special Conditional Use Permit #SCU05-004 and the General Plan for the Preserve at Taylor Bayou with the following conditions: 1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10 dwelling units per acre respectively. 2. The Nature Preserve "conservation easement' ownership and responsibility for its maintenance must be established. The City requirement for compensating open land will apply. The City must approve the conservancy dedication instrument. 3. The applicant/developer shall be responsible for the maintenance of the 75.16 acre Nature Preserve/ Conservation Easement until transfer of ownership and/or responsibility. 4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 5. The design of the detention will be reviewed by staff to ensure consistency with ordinances and the Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and County Flood Control must be presented to the City. 6. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to ensure that traffic congestion does not occur as a result of his project. 7. The proposed complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 8. The applicant must secure a maintenance bond, according to the City's multi- family provisions, or seek an approved alternate showing evidence of bonding insurance or participate in a "reserve fund mechanism" that establishes an account for the sole purpose of maintenance to the project. This fund is for the lifetime of the project. 9. The owner/applicant must construct a lift station and dedicate an easement to the City at Taylor Bayou and McCabe for the lift station. 10. The owner/applicant must contribute 31.2% as proportionate cost for the construction of a 24" trunk main, the portion of the lift station to be built north of the site, and the portion of the off-site lift station that needs to be upgraded to handle both north and south developments. 11. The applicant must provide proof of funding allocation. 12. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. 13. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the building permit. Plannin and Zonin Commission 9 9 Minutes of March 17, 2005 Page 4 14. Utility Plan must be approved by City Staff. 15. Proposed sidewalks must be annotated on the General Plan. 16. All utilities should be planned for underground routing. 17. The applicant must provide a covenant for maintenance of common areas. 18. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Les Bird. The motion carried. Ayes: Berner, Bird, Kaminski, Barrera, Meharg and Muston Nays: None Abstain: None 8. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, SECTION 106-751, CONCERNING REQUIREMENTS FOR SHIPPING CONTAINERS USED AT COMMERCIAL CONSTRUCTION SITES WITHIN RESIDENTIAL ZONING DISTRICTS. Chairperson Muston opened the public hearing at 6:54 p.m. A. STAFF PRESENTATION Mr. Malik presented staffs report. Currently, shipping containers may be used for temporary storage materials at construction sites in all zonings districts with the exception of residential. Recently, two churches with building projects located in residential zoning districts, have requested permission to utilize containers at their locations. Staff believes there was an oversight in the current ordinance, which excludes the use of shipping containers at commercial construction sites in residential zones. B. PROPONENTS Sue Gale Mock Kooken, of 410 S. 1~. St., favors the ordinance amendment. C. OPPONENTS There were none. 9. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 7:00 p.m. 10. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, SECTION 106-751, CONCERNING REQUIREMENTS FOR SHIPPING CONTAINERS USED AT COMMERCIAL CONSTRUCTION SITES WITHIN RESIDENTIAL ZONING DISTRICTS. Staff responded to questions from the Commission. Motion by Nick Barrera to recommend to City Council, approval of an amendment to the Zoning Ordinance allowing the use of shipping containers at commercial construction sites within residential zoning districts. Second by Paul Berner. The motion carried. Plannin and Zoning Commission 9 Minutes of March 17, 2005 Page 5 Ayes: Barrera, Berner, Kaminski, Meharg, Bird, and Muston Nays: None Abstain: None 11. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, SECTION 106-333, TABLE B, RESIDENTIAL AREA REQUIREMENTS FOR CHANGING THE MAXIMUM LOT COVERAGE OF 40% FOR SINGLE-FAMILY DWELLINGS. Chairperson Muston opened the public hearing at 7:00 p.m. A. STAFF PRESENTATION Mr. Sabo presented staffs report. During a previous workshop, the Commission was informed of the problem some homeowners are experiencing with their homes being built with close to the maximum allowable lot coverage. This does not leave room for additional structures, such as accessory buildings and patio covers. Numerous prospective variance cases for the Board of Adjustment are on hold pending the outcome of this review. Staff recommended an ordinance amendment exempting accessory buildings 200 SF or less and patio covers up to 900 SF from the 40% maximum coverage requirement. Mr. Sabo responded to a question by Sue Gale Mock Kooken about patio construction. B. PROPONENTS There were none. C. OPPONENTS There were none. 12. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 7:10 p.m. 13. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, SECTION 106-333, TABLE B, RESIDENTIAL AREA REQUIREMENTS FOR CHANGING THE MAXIMUM LOT COVERGAGE OF 40% FOR SINGLE-FAMILY DWELLINGS. Motion by Les Bird to recommend to City Council, an amendment to the Zoning Ordinance changing the maximum lot coverage of 40% for single family dwel-ing, by exempting accessory buildings 200 SF or less and patio covers up to 900 SF from the 40% coverage calculations on single-family detached dwellings. Second by Claude Meharg. The motion carried. Ayes: Bird, Meharg, Barrera, Berner, Kaminski and Muston Nays: None Abstain: None • • Planning and Zoning Commission Minutes of March 17, 2005 Page 6 14. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, ARTICLE III DISTRICTS, DIVISION 3, COMMERCIAL DISTRICT REGULATIONS, SUBDIVISION 1, SECTION 106-441 TABLE A, COMMERCIAL USES AND BY AMENDING SUBDIVISION V MAIN STREET DISTRICT WITH OVERLAY, SECTION 106-511, PERMITTED, ACCESSORY, AND SPECIAL CONDITIONAL USES, TO ALLOW SINGLE-FAMILY DETACHED IN THE MAIN STREET DISTRICT. Chairperson Muston opened the public hearing at 7:10 p.m. A. STAFF PRESENTATION Mr. Sabo presented staffs report. City Council recently approved an ordinance creating a Main Street District classification and regulations. The District's interior, the overlay district, has unique characteristics that allow residential activity above the first floor. The City received a request from a property owner to lease and remodel an existing commercial facility with a house in the rear in the Main Street District. Staff discovered that language in the recently adopted ordinance inadvertently excluded single-family detached from the Main Street District. Staff recommended that single-family detached dwellings be permitted in the Main Street District. Residential activity in the overlay portion would still be confined to the second floor. Public hearing notices were mailed to 257 property owners. The City received three responses favoring the amendment, one in opposition, and 14 were returned undeliverable. B. PROPONENTS Sue Gale Mock Kooken, of 410 S. 1~ St., favors the ordinance amendment to allow existing residential, as well as future residential, within the Main Street District. B. Don Skelton, of 233 San Jacinto and on behalf of wife, Shirley, has asingle-family home with business and would like to keep it that way. J.J. Meza, owner of several properties with residential activity within the District, favors the ordinance amendment. C. OPPONENTS There were none. 15. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 7:18 p.m. 16. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, ARTICLE III DISTRICTS, DIVISION 3, COMMERCIAL DISTRICT REGULATIONS, SUBDIVISION 1, SECTION 106-441 TALBE A, COMMERCIAL USES AND BY AMENDING SUBDIVISION V MAIN STREET DISTRICT WITH OVERLAY, SECTION 106-511, PERMITTED, Plannin and Zonin Commissi• • 9 9 Minutes of March 17, 2005 Page 7 ACCESSORY, AND SPECIAL CONDITIONAL USES, TO ALLOW SINGLE-FAMILY DETACHED IN THE MAIN STREET DISTRICT. Motion by Les Bird to recommend to City Council, approval of an ordinance amendment to allow single-family detached dwellings in the Main Street District. Second by Paul Berner. The motion carried. Ayes: Bird, Berner, Meharg, Barrera, Kaminski and Muston Nays: None Abstain: None 17. 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 DISTRICTS. (Item was tabled at the January 20, 2005 meeting.) Mr. Sabo noted the proposed truck stop amendment is not a public hearing and is for discussion only. At a previous meeting, the Commission directed staff to further research the development of truck stops and return with a recommendation. Mr. Sabo provided staffs recommendation as outlined in staffs report. It was the general consensus of the Commission to accept the truck stop and convenience store definitions developed by staff and to allow truck stops in the Business Industrial zoning districts along Barbour's Cut Blvd. and State Highway 146. The matter will be brought back to the Commission for a public hearing and a recommendation for City Council. 18. STAFF REPORTS ^ The Rural Large Lot District Committee plans to present their recommendation to the Commission on April 21, 2005. ^ Mr. Sabo responded to an inquiry on the status of the apartments on Garfield. ^ Two shopping centers are planned; one along Spencer, east of the animal clinic and another at the corner of Somerton and Spencer. ^ Mr. Sabo announced the promotion of Mr. Malik to City Planner. 19. ADJOURN Motion by Dottie Kaminski to adjourn. Second by Paul Bemer. Meeting adjourned at 7:33 p.m. Submitted by, Peg Secretary, Planning and Zoning Commission roved on this ~ ~ day of , 2005. t Mu on Chairperson, Planning and Zoning Commission • • Underwood Business Park (Final Plat) Exhibits A. Commission's Action Request B. Aerial Map C. Staff Report D. Final Plat • • Underwood Business Park -Final Plat Planning and Zoning Commission Apri121, 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 PUD Requested Use Commercial/Industrial business park Acreage Approx. 207 acres Surrounding Zoning North Light Industrial (LI) &UPRR East Light Industrial (LI) 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. Council approved the SCUP and General Plan on February 14, 2005. • Later, the developer submitted a Preliminary Plat, which was approved by the Commission at the February 17, 2005, meeting. • Now, the applicant is requesting approval of a Final Plat for proposed Underwood Business Park to be located at Old Underwood Road south of UPRR and State Highway 225. • Currently, 123 acres of land is being subdivided into six reserves (A-F), unrestricted reserve (approx. 84 acres) will be platted later. • The proposed Porter Road (60' ingress/egress) for this development is a private street. The design and construction of such street will be followed as per City's Public Improvement Criteria Manual (PICM). • All the utilities shall be privately maintained except public water. Internal infrastructure shall be the responsibility of the owner/developer. Recommendation: The Final Plat is in accordance with the City's Development Ordinance. Staff recommends approval of the Final Plat with the following conditions: • Final Plat shall not be released until property transactions are complete and proper documents are filed with the City. • Construction drawings must be completed prior to issuance of building permits. • Add a statement on the plat to ensure maintenance of detention will be the sole responsibility of the owner/developer. • Future rail access, spur design, and UPRR approval shall be required. Actions required by • Approve the Final Plat as filed. This will authorize the developer to begin the Commission: construction of subdivision improvements within one year. • Disapprove the Final Plat and supporting documents as filed. This will require the developer to file a new Final Plat with the required documents. ~~ ~~~ ~ f ' 3 k ~ ' _ ' _ A ~ T t e ' Yf ~ ~ '` f ~ i ~ ~' ~ ~ ~ _ .• ~.fl ~`..~ ,.. i s ~.J r _.4 • Staff Report Underwood Business Park Apri121, 2005 Final Plat Requested by: 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 UPRR is adjacent to the property to the northeast. Houston Lighting and Power Company (now Centerpoint Energy) owns approx. 19 acres of land adjacent to the subject tract to the south. Currently, 123 acres of land is being subdivided into six reserves (restricted reserves A-F), unsubdivided tract consisting of 84 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. 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 the entire area. City Council approved your recommendation at the February 14, 2005, meeting. Later, the developer submitted a preliminary plat, which was approved by the Commission on February 17, 2005. Under the terms of Development Ordinance 1444, the proposed development is considered to be a major subdivision. The Development Ordinance requires atwo-stage approval process for major subdivisions. The first stage is preliminary plat review and its formal approval followed by submittal of a final plat, along with the construction drawings and other applicable documents. Once the final plat is approved, the applicant will proceed for the site development. ~~~~~ ~ • Underwood Business Park Final Plat Page 2 of 3 Analysis: The developer plans to develop the tract for business/industrial uses. The developer will construct a private street (Porter Road) with 60' of ingress/egress, utilities easements, and a storm drainage/detention system that will connect with the regional systems in accordance with the policies of the City, Harris County, and Harris County Flood Control District (HCFCD). Section 4.03 and Appendix D of the City's Development Ordinance establish review criteria for major subdivisions. Staff also used criteria in the City's Zoning Ordinance and Comprehensive Plan to review this project. Land Use -The 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 easement 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 City's standard Specs. (PICM). Being located near the State Highway 225, Battleground Road, a primary arterial and major truck route, provides 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. Truck traffic will not be directed south of the project area along Old Underwood Road. 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 on Old Underwood Road. Sanitary Sewer Analysis Report reveals that a private 3" "on-site" force main will be installed along Porter Road and tie into the existing private sanitary sewer force main along Old Underwood Road. Each individual parcel within the business park shall construct a small lift station to tie onto the on-site force main. The report also claims that 3" on-site force main and 3" force main on Old Underwood Road are capable of handling the expected flows. • • Underwood Business Park Final Plat Page 3 of 3 Conclusion/ Recommendations: The Final Plat is in accordance with the City's development regulations. Staff recommends approval of the Final Plat but notes that the following must occur prior to plat recordation: • Final Plat shall not be released until property transactions are complete and proper documents are filed with the City. • Construction drawings must be complete prior to issuance of building permits. • Add a statement on the plat to ensure maintenance of detention will be the sole responsibility of the owner/developer. • Future rail access, spur design, and UPRR approval shall be required. Options available to the Commission are as follows: • Approve the Final Plat as filed. This will authorize the developer to begin construction of subdivision improvements within. one year. • Disapprove the Final Plat and supporting documents as filed. This will require the developer to file a new Final Plat with the required documents. • • Special Conditional Use Permit #SCU04-012 (Ext.) Exhibits A. Staff Report B. Aerial Map C. Draft SCUP D. General Plan • • Staff Report Lakes at Fairmont Greens April 21, 2005 Extension of Special Conditional Use Permit #SCU04-012 Request: One-Year Extension of Special Conditional Use Permit #SCU04-012, Proposed development of Lakes at Fairmont Greens within a Planned Unit Development (PUD) Zone. Requested By: Arete Real Estate & Development Co. c/o Brown & Gay Engineers, Inc. Requested For: 135± acres of land located in the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located between State Highway146 and the Bay Forest Golf Course. Present Zoning: Planned Unit Development (PUD) Requested Use: Single-Family Residential Background: This property is located at the northeast corner of SH 146, Wharton Weems Boulevard, and McCabe Road. It is bounded on the east by the Bay Forest Golf Course. Mr. Joe Fogarty, President of the Arete Estate and Development Company, presented plans for proposed Golf Course Community, a single-family residential, multifamily and commercial development on approximately 150 acres surrounding Bay Forest Golf Course. Initially, the Commission considered a General Plan and Special Conditional Use Permit #SCU03-002, at their August 27, 2003 meeting. In 2004, Mr. John Hettig redesigned the multi-family concept to 100 free- standing, single family rental units financed partially using Housing Tax Credits. Given this change to the General Plan, Mr. Hettig submitted a request for an amendment to SCU#03-002. The amending SCUP#04-007 went before the Commission on May 20, 2004, and forwarded to Council. City Council, in turn, remanded SCU#04-007 back to the Commission for additional consideration. Later, Mr. Hettig withdrew his plan. With both the land swap and Mr. Hettig's portion of the project held in abeyance, Mr. Fogarty requested a new SCUP to forward a new General Plan without the land swap or the multi-family development. A new General Plan shows 411 lots and 18 Reserves on 135.4 acres. This General Plan excludes the Hettig parcel of land adjacent to, and north of Fogarty's Section 5, south of Section 7 and bordering S.H. 146. `~0~ • Extension for 50004-012 Apri121, 2005 Page 2 of 2 • City Council, at the August 23, 2004 meeting, approved a General Plan and Special Conditional Use Permit #SCU04-012 for this project renamed as Lakes at Fairmont Greens. 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. Conclusion: Since approval of the SCUP from City Council in August 2004, no development plans were submitted and subsequently no construction occurred at the site. The. applicant stated that due to anticipated land transactions not taking place and other modifications, the land plan delayed the project. The applicant expresses interest in continuing development. Staff reviewed the request for aone-year extension. 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. Staff has taken this opportunity to clarify points within the SCUP. The scope and concept have not changed. Section 106-659(c) of the .Code of Ordinances provides that the applicant may request an extension for one additional year, and the Planning and Zoning Commission may grant such extension. The applicant has requested an extension, a copy of letter is attached herewith. Staff is recommending approval of a one-year extension for the Special Conditional Use Permit previously presented to the Commission and City Council. • BROWN GAY ENGINEERS, INC. Apri14, 2005 Wayne Sabo Director City of La Porte Planning Department 604 W . Fairmont Parkway La Porte, Texas 77571 Re: Request for extension of approval for Lakes at Fairmont Greens Dear Mr. Sabo - ~~~~~~~; APR 6 ~ 2005 On behalf of our client, Arete Real Estate and Development, we are formally requesting an extension of approval for one year for the Special Conditional Use Permit, as originally approved, from the expiration date of July 15, 2004 for the Lakes at Fairmont Greens project. Due to anticipated land transactions not taking place and due to required modifications to the land plan, an extension is needed so that we can continue to work on these issues to satisfy all parties involved. We look forward to taking this project to the next step in the approval process in the upcoming year. Thank you for your ongoing assistance on this project; please contact me if you have any questions or if you need any additional information regarding this request. Respectfully, Tr Project Manager Cc: Lars Monson, Brown & Gay Engineers, Inc. Norman Reed, Arete Real Estate and Development R: \Projects\ARE\ARE22\extension_request040405. doc 11490 Westheimer • Suite 700 Houston, Texas 77077-6841 TEL: 281-558-8700 FAX: 281-558-9701 • EMAIL: bgeC~browngay.com ~0~~1~ City of La Porte S•ial Conditional Use Permit # SCU 012 p This permit is issued to: Arete Real Estate & Development Co. Owners 340 N Sam Houston Parkway East, Suite#140 Houston, TX 77060 Address For Development of: Proposed Lakes at Fairmont Greens Development Name Located at SH 146 south of Baypoint townhomes Address Legal Description: 135.4+/- acres of land being located in the W.P. Harris Survey, A-30 City of La Porte, Harris County, Texas Zoning: Planned Unit Development (PUD) Use: Single-family residential and commercial Permit Conditions: Land Use: 1. Allow single-family lots with 70' width along the Golf Course and 60'to 65' width lots in other areas. 2. Maintain the redesign of the single-family lot layout to avoid front on 8`" Street. 3. Allow commercial development at parcel 10 near McCabe Road & State Highway 146 (approximately 5 acres thereby qualifying for a PUD). A further refinement of the commercial activity will be determined when the Development Agreement is created. Future land use shall be approved by the City. 4. A 20 acres tract in center of development remains PUD without land use designation. But, underlying land use from the Comprehensive Plan indicates single-family residential. Streets: 1. Remove existing chain link fencing on border of golf course property. 2. Avoid using 8`'' Street during construction phases of the development. 3. Provide emergency access to the golf course from McCabe Road area (alley and gate) to allow ambulance into this area of the course. 4. Center turn lanes on Wharton Weems should be considered. 5. Traffic signal on Wharton Weems and S.H. 146 is needed at the time the subdivision is developed. The Developer should coordinate with TXDOT. Traffic impact study shall be initiated to look at the need for widening and additional lanes at Wharton Weems with crossover consideration in conjunction with improvements on S.H. 146 6. 8`" Street not to go through. Design adead-end with a temporary cul-de-sac added until it is determined that an additional ROW is needed for park access. 7. A possible redesign of Section 5 may be needed to allow secondary access to S.H. 146 and roads may have temporary cul-de-sacs to plan for future tie-ins between Section 5 and Section 3. Detention: 1. Ensure that lake/detention areas are continuous. Provide wrought iron fencing to prevent free movement of pedestrian traffic between the golf course and the subdivision. Install wrought iron fencing along the rear of each lot overlooking the golf course/detention lake area or between detention lakes and golf course, or other fencing alignment/material approved by City Staff. 2. Size outflow piping so that water is retained sufficiently to prevent flooding on the golf course or the subdivision. Detention designs.shall be approved by the City. 3. Discuss rounding right angle corners of detention areas, (possibly utilizing City-owned land to do so); this will increase detention capacity for the lake system). ~~0~~ 4. Maintenance of delon, down to the water level, will be det~ed in the Development Agreement subject to final approval by the City. 5. Total volume of detention ponds shall meet or exceed the total volume recommended by the Taylor Bayou study. 6. Coordinate with the City Staff on mechanism for maintaining static water level in wet bottom detention ponds. Parks, trails, and landscaping: 1. Add at least one 1-2 acre park site, not within Parcel 10, in additon to the passive park/detention areas shown in the 1 S` round. 2. Install play/service equipment to the current City of La Porte park standards (e.g. playground, picnic areas, trash cans, barbeque pits, etc.) 3. Incorporate pedestrian bicycle trails along the linear detention/park areas, with entry and exit to the subdivision, in at least 4-5 locations along its length. 4. Pedestrian bicycle trails will be used by the subdivision and general public. Maintenance shall be the responsibility of the Homeowner's Association (HOA), Public Improvement District (PID) or other entity approved by the City. 5. Create winding pedestrian bicycle trails with trees situated to add shade and landscaping to trails, both along the linear park. 6. Provide apedestrian/bicycle path from SH 146 to Little Cedar Park along the north perimeter of the subdivision, with a connection to the east side pedestrian/bicycletrall. 7. Sidewalks are required along both sides of Wharton Weems Boluevard and McCabe Road. 8. As advised by TxDOT, create a landscaped sound wall along SH146 outside the 10' utility easement to have to reduce noise levels for the subdivision; if berms utilized, then shrubbery planted along the top (i.e. oleanders) to provide additional sound deadening. The design of the sound wall must be approved by City Staff. 9. Irrigation shall be provided to allow establishment of all plant material. 10. Clearly state in covenents or deed restrictions that it is the responsibility of the homeowners to pay for all costs for repairs that are incurred when property adjacent to the existing golf course and driving range is damaged. Or if feasible, provide a protective mechanism that prevents damage to property that is adjacent to the golf course or driving range. 11. Install a pedestrian bridge over Taylor Bayou to provide continuity for internal subdivision alternative transportation, if necessary. 12. Submit the Developer's Agreement with the preliminary plat, covenants and deed restrictions, etc. reaffirming and resolving the above conditions. 13. Plans shown, once accepted, cannot change unless in the case of minor road or lot configuration as determined and approved by the Director of Planning. Mandatory items: l . Design and construction for the new 24" trunk sewer main, location of new lift station #12, off-site improvements to LS#6, and other infrastructure are the responsibility of the develeoper and shall be approved by the City Staff. 2. Water meters accommodating automated meter reader devices shall be installed by the developer. Coordinate appropriate City staff to obtain specifications. 3. All deeds, covenants & restrictions shall be reviewed and approved by the City of La Porte. 4. Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon 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 • • - ~ i oNr ~ - / ~_-_~-i Hawru uAP ~ ~ ~~ ~ ' A Nnn,I -----~ - N ' i F! --- ------.~ i ~=-=~ ,,, ~ i ~ i~ ~ -- x ~-, ~ fi<. _ ,e~~~ W ~. ~\. -.-. .. i . ~ ' I ' I . ~, I i ! ~ ! ~ ~ i i i i i i ~ i i i i i ~-------J i ~ i -----~ WypRMN PEENS HOUIBI'ARD __-- -L_---..._----. 1 ~ _- - 7 9 1 Ir-~-_ ~ % I ---' ~ ~_, ~ p LAND PIAN 70~BE~~ODE~T}C~RpN~INED ~. 9WGIE PGEWRAL CO~IdNLRGW. AND P 0' NC CAGE ROAD ~- -- ---------- -- LAKES AT / FAIRMONT GREENS A SUBON5ICN Oi ISSA ACRR Oi W1D lDfAFD M THE MF. NNdi6 SUNVEY, A-]0 ANO 111E J. HUNT SVRVEY A-JS an of u POIffE NNWS couNlr, lDUs ~1N wu. cNa ®a sumsrore fa, VR~~ ~ ~i m~"...a1O" '•LtD6YlH R~ILlJ~ U t; II • • Zoning Ordinance Amendment (Truck Stops) Exhibits • Staff Report • Draft Ordinance • Truck Route Map • • Staff Report Truck Stops Zoning Ordinance Amendment Apri121, 2005 Background: As directed by City Council, staff assessed existing development conditions and future development strategies relating to the development of truck stops in a Business Industrial (BI) zone. Staff seek advise from the Commission and asked for their input to the subject matter. Staff researched and presented this item to the Planning and Zoning Commission for their discussion and consideration. Proposed amendments to the Zoning Ordinance, Chapter 106, Section 106-521; Table A, Industrial Uses, to amend, change or modify conditions to allow truck stops in a Business Industrial (BI) zone, are as follows: Definitions of Truck Stop: A commercial/industrial use of property on one site for the refueling, maintenance and/or servicing of large over the road vehicles carrying large loads and which may have service activities for such vehicles and their drivers including but not limited to dispensing of motor fuels and petroleum products directly into motor vehicles, restaurants or cafes, overnight accommodation, shower or laundry facilities, truck service and overnight truck parking, truck scales, and parking area in association with the above services. (Definition is added to Section 106-1) Definition of Convenience Store: • A small retail store that is open long hours and that typically sells staple groceries, snacks, and sometimes gasoline & diesel. (Definition is added to Section 106-1) Difference between Truck Stop & Convenience Store: The difference between truck stop and convenience store/service station is quite clear from the above definitions. Truck stop is an establishment where trucks may be parked overnight and truckers are provided with all the facilities and amenities related to trucking operations. Truck stops usually have 10 to 12 diesel dispensers with a canopy approximately 20' high. The Zoning Codes require truck stops to be located along major truck routes to facilitate entrance and exit to major highways or freeways. On the other hand, a convenience store and/or service station is a place which sells a limited variety of food and other grocery items, snacks, gasoline along with diesel, and automotive accessories, or other convenience items. • Planning & Zoning Commission • Truck stops Zoning Ordinance Amendment Page 2 of 4 Existing Requirements: Zoning -Under Section 106-441, Table A, Commercial Uses, truck stops are not permitted in commercial zoning districts. The interpretation of the classification is that service stations (SIC Code#554) are permitted uses, i.e. automobile service stations, filling stations, gasoline but excluding truck stops. Under Section 106-521, Table A, Industrial Uses, there are a variety of activities relating to trucking operations or requiring large trucks for business purposes (i.e. general contractors, heavy construction, highway transportation terminal and service facilities, etc.) Truck stops, however, specifically are not mentioned and considered to be an unlisted use as per Code of Ordinances. An unlisted use, such as truck stops require a Special Conditional Use Permit (SCUP) from the City. Building Setbacks - Section 106-522, Table B, Industrial area requirements stipulates predominantly 50' front, 40' rear, and 30' sides setback for Business Industrial zoning districts. In addition, when BI zoning districts are adjacent to residential zoning districts, same setbacks are applicable to the sites and no construction of any building or structure is permitted within the said setback areas. Landscaping /Screening - For the facilities having parking areas adjacent to residential zones and abutting public rights-of--way, screening is required. A planting strip of four feet wide with evergreen plants that are minimum height of four feet and within two years grow up to six feet in height is required. In addition, landscape plans with trees, shrubs, and ground cover, are required to be submitted and approved by the enforcement officer. Recommended Requirements: Zoning -Truck stops should be permitted in the Business Industrial (BI) zoning district subject to restrictive measures such as the limitation of smoke, dust, odor, ,lighting and glare and strictly along an approved/established truck routes. Currently, there are vacant parcels of land within Business Industrial (BI) zoning districts along Barbour's Cut Boulevard and State Highway 146 North. Building Setbacks -Truck stops should adhere to the minimum building setbacks already established for the BI zone as Front 50', Rear 40', and Sides 30'. When adjacent to residential zones, same setbacks shall be applicable to the sites with no construction of any building or structure being permitted within the said setback areas. Planning & Zoning Commission • Truck stops Zoning Ordinance Amendment Page 3 of 4 Landscaping /Screening - Truck stops development, specifically truck parking, should be screened from the view of adjacent residential districts. Staff suggests a minimum landscape setback of 20 feet adjacent to residential areas. Landscaping and screening could be achieved as currently stated in the zoning ordinance. However, a more effective technique needs to be employed that actually achieves this objective. This could be accomplished in a number of following different ways: ^ The property owner could leave in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening. ^ The property owner could use earthern berms with a combination of trees, shrubs, and groundcover that after three years growth will be at least 10-15 feet in height and creates a continuous visual screen. It is recommended that this particular provision of the ordinance may add a minor change to the footnotes. In the case of a property adjacent to residential zoning districts, screening and other performance standards shall be applicable for this particular use. Along with the screening requirement, a minimum percentage of landscaping along front and sides should be stipulated as per ordinances. A 15% of landscaping/screening is recommended in addition to the current requirements for the development of a truck stop in the Business Industrial zoning districts adjacent to residential areas. The required screening would count toward the minimum landscaping requirement. The landscape buffer is also recommended for this particular activity. Performance Standards - Truck stops should meet the following minimum performance standards and be in compliance with the appropriate federal, state and local regulations: • Lighting and glare • Radiation and electrical emission • Smoke • Dust • Odor • Explosives • Noise In addition, truck stops when adjacent to residential areas, shall only operate during the hours of 6:00 a.m. to 9:00 p.m. and no overnight facilities will be allowed on the premises. Planning & Zoning Commission • Truck stops Zoning Ordinance Amendment Page 4 of 4 Conclusions• City Council intends to provide the best services to its citizens and visitors to La Porte. Future development of the community depends on maintaining and enhancing the local economy. Truck trafficking is an existing commodity due to the Port of Houston `s Barbour's Cut Terminal. In addition, Barbour's Cut Boulevard is an established major truck route, which provides services to these travelers. Council has set priorities with the economic development as one of the highest on the list. The goal is to foster the growth and retention of business activities through a healthy local economy, which can provide employment opportunities and a strong tax base to the City. Recommendations: The above stated recommendations are based on Planning Department staff research and direction provided by the Commission during the previous meetings. The definitions for Truck Stop and Convenience Store have been included in Section 106-1 of the Ordinances as suggested. Staff recommends truck stops should be permitted in a Business Industrial (BI) zoning districts only subject to specific conditions as listed above. It is staff's opinion that the above provisions will allow for reasonable development of truck stops with the said stipulations that will provide sound development and promote public health, safety, and general welfare of the community. The La Porte Comprehensive Plan guides us to make policy decisions relating to the physical and economic development of the community. The above change would not be contrary to the goals and intent of the Comprehensive Plan. Options available to the Commission are: • Recommend to Council approval of the zoning ordinance amendment. • Recommend to Council denial of the zoning ordinance amendment. • Continue the public hearing until next meeting means table the item. ZONING § 106-521 Uses (SIC Code #) Zones BI LI HI On-premises freestanding signs See article VII of this chapter Paper and allied products (265-267) * * P Printing and publishing (271-279) P(ACDE) P(ACDE) P Rubber and miscellaneous plastics (301, 302,304,306,307) * C P Stone, clay, glass and concrete (321-325, 3261, 327-329) * * P Tank truck cleaning * * P Truck Stops P(H,I) Textile mill, and finished products Light (224, 225, 231-239) P(ACDE) P(ACDE) P Medium (222, 223, 226, 229) * P(ACDE) P Tobacco manufacturers (211-214) * P(ACDE) P Loading berths at the front or sides of buildings adjacent to R.O.W. C C C Industrial PUD (refer to section 106-636) C C C Facilities in excess of height restrictions imposed in section 106-522 * * C Unlisted uses, similar to uses listed above C C C (b) Interpretation and enforcement. Property uses, except as provided for by section 106- 521(a), Table A, are prohibited and constitute a violation of this chapter. (c) Footnotes. All permitted uses in industrial zones must meet the following minimum performance standazds. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standazds. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of--way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. • Supp. No.4 CD 106:67 • H. Hours of Operation. Hours of operation are limited for truck stops adjacent to residential areas only. The facility shall only operate during the hour of 6:00 a.m. to 9:00 p.m. and no overnight facilities are allowed on the premises. I. Truck Stops. The facility shall be permitted in the Business Industrial (BI) districts on truck routes along Barbour's Cut Boulevard and State Highway 146. No construction of any kind shall be permitted within the stipulated setbacks for Business Industrial zoning districts. • LA PORTE CODE § 106-1 • Business frontage means the linear measurement of the side of the building which contains the primary entrance of the building. Carport means a roofed structure, freestanding or attached to another structure designed to provide covered parking for vehicles. A carport shall have no enclosing walls. A structure shall not be considered to be a carport unless it is located directly over a driveway. Clinic means an institution, public or private, or a station for the examination and treatment of patients by an individual or group of doctors, dentists, or other licensed members of a human health care profession. Controlled access highway means any thoroughfare which is a high volume freeway (without signalization on principal lanes) designed for four to eight main lanes and four service lanes with aright-of--way capacity that allows two to four additional lanes. Controlled access highway corridor means a corridor extending 500 feet to either side of the right-of--way of a controlled access highway as designated on the city's land use map. Notes: The definition of Controlled Access Highway (with some minor rephrasing) was taken from Volume One, Section 1.3 of the city's comprehensive plan. Controlled access highway corridors are established on the city's land use map and designated by a cross hatched highlight. State Highway 225 and New State Highway 146 are the only thoroughfares within the city presently designated as controlled access highways. Interim sign regulations. Signs located within a controlled access highway corridors shall be limited to a maximum height of 65 feet. Commercial amusement or recreation means an enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where .tickets are sold or fees collected at the gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contest, rodeos, tent show, ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises. Commercial motor vehicle means any motor vehicle designed or used for the transportation of persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle used for delivery purposes. Common property means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Condominium means two or more dwelling units on a lot with individual ownership of a unit rather than a specific parcel of real property; together with common elements. See V.T.C.A., Property Code 81.001 et seq., and the building code adopted in section 82-31. Convenience Store means a small store that is open long hours and that typically sells staple groceries, snacks, and sometimes gasoline & diesel. CDI06:10 • ZONING § 106-1 • Special exception means only those exceptions provided for under section 106-191. Standard Industrial Classification Code (SIC) means the numerical code established by the U.S. Department of Commerce and used in the Standard Industrial Classification Manual, 1987 as amended and supplemented. Street, private means a vehicular access way, under private ownership and private maintenance, providing access to buildings containing residential dwelling units without direct access to an approved public street right-of--way, or a public right-of--way, however designated, dedicated or acquired, which provides vehicular access to adjacent properties. Alleys, parking lots, and private driveways within shopping centers, commercial areas, or industrial developments shall not be considered as streets. Street, public means a public right-of--way, however designated, dedicated, or acquired, which provides vehicular access to adjacent properties. Street, thoroughfare means a public street designed for heavy traffic and intended to serve as a traffic artery of considerable length and continuity throughout the community and so designated on the city's thoroughfare plan. Structure means that which is built or constructed. Structure, principal means the principal structure which fulfills the purpose for which the building plot is intended. Substantial improvements means any repair, reconstruction, or 'improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure as determined by a licensed appraiser, either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, valuation before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. Temporary sign means a sign not to exceed 18 inches by 24 inches in size which is intended for a limited period of display. Townhouse means one of a group of no less than three nor more than 12 attached dwelling units constructed in a series or group of attached units with property lines separating such units. Trailer means every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck means any motor vehicle designed, used or maintained primarily for transportation of more than nine persons or property. Truck Stop means acommercial/industrial use of property on one site for the refueling, maintenance and/or servicing of large over the road vehicles carrying large loads and which may have service activities for such vehicles and their drivers including but not limited to dispensing of motor fuels and petroleum products directly into motor vehicles, restaurants or cafes, overnight accommodation, shower or laundry facilities, truck service and overnight truck parking, truck scales, and parking area in association with the above services. CDI06:19 C~ • Workshop Zoning Ordinance Amendment (Large Lot Rural District) Exhibits • Memo w/Committee's recommendation • Boundary Map O~ A ~ ~''~g ~~'` ;:.~9 CITY OF LA PORTE PLANNING DEPARTMENT ~,,. ~ 604 W. Fairmont Parkway, La Porte, TX 77571 . ,fi: ., . www.ci.la-porte.tx.us ~ / ~. ,~ ~ Phone: (281) 471-5020 /Fax (281) 842-1868 rE XA8 MEMORANDUM FOR RECORD March 4, 2005 THRU: John Joerns, Assistant City Manager TO: Debra B. Feazelle, City Manager FROM: Wayne J. Sabo, Planning Director Re: Large Lot Rural District Committee Recommendations On March 3, 2005, the Large Lot Committee formed their final recommendations on regulations and boundaries governing the creation of a Large Lot District. At the conclusion of this meeting, the committee set April 21, 2005, for the presentation to the Planning and Zoning Commission in a workshop format and will recommend using a town hall meeting to disseminate the proposal to the citizens. Since the group had never reached a true consensus with 70% approving the proposed regulations, they also voted to disband the committee feeling that they were at the point where no additional discussion was possible. Should the P&Z wish to use the town hall format, I suggest that we set it up the way TXDOT conducts their public hearings whereby several sets of the proposal and maps are set in a large room where the public can view and ask questions to several members of Staff simultaneously. Comment sheets will be available for written public comment to be returned by a certain date. In this manner, we can avoid the more vocal attendees from dominating a meeting and we can entertain more concerns and questions in a shorter period of time. The remainder of this memorandum will outline the recommendations for new development/subdivisions as they compare with the current Zoning Ordinance. Parameter/Issue Current Ordinance Proposed Reference Minimum Lot Size: 1 Acre Same Sec 106-333 Minimum Lot Width: 100 L.F. Same Sec 106-333 Minimum Yard Setbacks (F.R.S.): 25-15-5 Same Sec 106-333 Maximum Height of Pri. Structure: 45 feet Same Sec 106-333 Minimum Site Area/L1nit 1 Dwelling Unit per Acre Same Sec 106-333 Maximum Lot Coverage: 30% 40% Sec 106-333 2 These issues refer to Article V. Supplementary District Regulations; Division 2. Accessory Buildings, Uses and Equipment; Page CD 106:82: Parameter/Issue Current Ordinance Proposed Accessory Buildings: 2000 S.F.; 15' high 5000 S.F.; 45' high Accessory Building Setbacks: 30' from property lines 10' from property lines 30' from other structures 20' from other structures Number of Accessory Buildings: Up to 30% coverage Up to 40% coverage Placement of Accessory Buildings: Rear yard only Rear and Side yards Control on Equipment Storage: Unlawful for certain Equip. No controls Control on numbers of animals: Section 106-742 Same Detached Garage: 6' (rear) from primary bldg. Same Carports width: Max 25' Front/Side Yard No control on width Exterior Storage: Stored in Bldg. or screened Same Street Openings: PICM, concrete curb/gutter Asphalt/open ditch. Shipping Containers: Not allowed Same These issues refer to general policy and safety guidelines: Parameter/Issue Driveways 12' Driveways 20' Driveways (General): Public Utilities (water): Public Utilities (sewer): Fire Hydrant (coverage): Fire Hydrant (placement) Current Ordinance First 40' dust free First 20'x20' dust free Service 1 residence only Tap public ROWs only Tap public ROWS only <500' from residence Public water line only Proposed Same Same Same Same Same Same Same The proposed district boundaries are highlight on the map attached at Enclosure 1. Wayne J. Sabo Planning Director