HomeMy WebLinkAbout04-21-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission• •
PLANNING AND ZONING COMMISSION
MINUTES OF APRIL 21, 2005
Members Present: Pat Muston, Paul Berner, Doretta Finch, Dottie Kaminski, Claude Meharg, Nick
Barrera, Hal Lawler (Alt. 1)
Members Absent: Kirby Linscomb, Jr., Les Bird (Alt. 2)
City Staff Present: Planning Director, Wayne Sabo; Planning Coordinator, Masood Malik; Assistant
City Attorney, Clark Askins; and Planhing 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 MARCH 17, 2005, REGULAR MEETING AND PUBLIC
HEARING.
Motion by Paul Berner to approve the Minutes of March 17, 2005. Second by Dottie Kaminski.
The motion carried.
Ayes: Berner, Kaminski, Finch, Barrera, Meharg, Lawler and Muston
Nays: None
Abstain: None
3. CONSIDER FINAL PLAT FOR PROPOSED UNDERWOOD BUSINESS PARK TO BE
LOCATED AT OLD UNDERWOOD ROAD.
Planning Coordinator, Masood Malik, presented staffs report. The applicant, Danny Martin, for
Clay Development & Construction Co., has requested Final Plat approval for Underwood
Business Park, a 207-acre development to be located south of Battleground Industrial Park at
101 Old Underwood Road. The proposed use is office/warehousing.
Staff recommended approval of the plat with the conditions outlined in staffs report.
Motion by Hal Lawler to approve the Final Plat for Underwood Business Park with the following
conditions:
^ Final Plat shall not be released until property transactions are completed and proper
documents are filed with the City.
^ Construction drawings must be completed prior to issuance of building permits.
^ A statement shall be added to the plat ensuring maintenance of detention will remain the
sole responsibility of the owner/developer.
^ Future rail access, spur design, and UPRR approval shall be required.
Second by Paul Berner: The motion carried.
Ayes: Lawler, Berner, Barrera, Finch, Kaminski,. Meharg, and Muston
Nays: None
Abstain: None
Plannin and Zoning Commis• •
9
Minutes of April 21, 2005
Page 2
4: CONSIDER ONE-YEAR EXTENSION OF SPECIAL CONDITIONAL USE PERMIT #SCU04-012
FOR PROPOSED DEVELOPMENT OF "LAKES AT FAIRMONT GREENS", REQUESTED BY
ARETE REAL ESTATE ~ DEVELOPMENT CO.
Mr. Malik presented staffs report. The applicant, Brown & Gay Engineers, has requested aone-
yearextension of SCU04-012 for the proposed development of Lakes at Fairmont Greens to be
located at the northeast corner of SH146, Wharton Weems, and McCabe Rd. The applicant has
stated the delay is due to unforeseen circumstances and other modifications to the plan.
Staff and the Commission discussed the history associated with this development. Staff
recommended approval of the one-year extension.
Motion by Dottie Kaminski to approve the one-year extension of Special Conditional Use Permit
#SCU04-012 for Lakes at Fairmont Greens. Second by Doretta Finch. The motion carried.
Ayes: Kaminski, Finch, Berner, Barrera, Meharg, Lawler and Muston
Nays: None
Abstain: None
5. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON AN AMENDMENT TO THE
ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106,
SECTION 106-521, TABLE A, INDUSTRIAL USES TO ALLOW TRUCK STOPS IN BUSINESS
INDUSTRIAL (BI) ZONING DISTRICTS.
Chairperson Muston opened the public hearing at 6:15 p.m.
A. STAFF PRESENTATION
Planning Director, Wayne Sabo, presented staffs report. City Council previously directed
the Commission to review existing development conditions and future development
strategies relating to the development of truck stops within the Business Industrial zone.
The Commission has conducted two workshops on this subject and Staff has drafted
truck stop and convenience store definitions.
Staff recommended that locations for truck stops be permitted in Business Industrial (BI)
zoning districts along SH146 and Barbour's Cut Blvd., subject to the requirements stated
in staffs report:
Staff responded to the questions from the Commission.
Mr. Sabo confirmed that Commission Members received copies of a petition submitted on
behalf of the La Porte Community Civic Club and Citizens, favoring the facility proposed
by Mr. Amyn Narsi on Barbour's Cut Blvd.
B. PROPONENTS
There were no proponents wishing to speak.
C. OPPONENTS
Bill Scott, of 1802 Lomax School Rd., opposes the proposed truck stop amendments. He
spoke of a video he previously showed entitled Lessons from Long Beach, which depicts
the negative impacts that occur when trucking facilities encroach upon residential areas.
He also informed the Commission of the difficulty he has experienced since the Board of
Planning and Zoning Commission
Minutes of April 21, 2005
Page 3
Adjustment allowed a feedlot to be located next door to his residence. He stated that
Zoning Ordinances are meant to protect property values and noise and air pollution
destroy neighborhoods.
Charlie Young, 214 Reynolds Ct., opposes additional truck stop activities. Mr. Young
believes the City should not have allowed the. existing container yard.
Charles Underwood, 421 N. 6th, previously served on a committee for neighborhood
improvement in the northside area. Mr. Underwood expressed his opposition to the
proposed plans.
Nazar Momin, 904 W. BarbouPs Cut (business), spoke in opposition. He paid top dollar
for his property to build his truck facility and feels the City is acting unethical in proposing
this change. Mr. Momin believes the City would be making a mistake to approve.
Sue Gale Mock Kooken, 410 S. 1St St., inquired about the Port of Houston's truck facility.
In response, Mr. Sabo reported the only permit that has been issued is for the sound wall.
Mr. Young again spoke to remind the Commission there are houses located across the
street from the proposed facility on Barbour's Cut Blvd.
6. CLOSE PUBLIC HEARING.
Chairperson Muston closed the public hearing at 7:10 p.m.
7. 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 106-521, TABLE A, INDUSTRIAL USES TO ALLOW TRUCK
STOPS IN BUSINESS INDUSTRIAL (BI) ZONING DISTRICTS.
Motion by Claude Meharg to table a recommendation to City Council regarding an amendment to
the Zoning Ordinance to allow truck stops in Business Industrial Districts. The motion failed for
lack of a second.
Motion by Nick Barrera to recommend to City Council, denial of an amendment to the Zoning
Ordinance that would amend the Code of Ordinances to.allow truck stops in Business Industrial
Districts. Second by Hal Lawler. The motion carried.
Ayes: Barrera, Lawler, Berner, Finch, Kaminski,. and Muston
Nays: Meharg
Abstain: None
Mr. Barrera asked it be noted that his reason for recommending denial was because the current
process allows requests for special conditional use permits to be reviewed by the Commission
and City Council on a case-by-case basis, which is better than simply allowing the activity within
the BI zone.
8. OPEN WORKSHOP TO DISCUSS PROPOSED CHANGES TO THE ZONING ORDINANCE
REGARDING A LARGE LOT RURAL DISTRICT.
Chairperson Muston opened the workshop at 7:45 p.m.
Planning and Zoning Commis
Minutes of April 21, 2005
Page 4
Mr. Sabo presented a slide show and spoke of the Rural Large Lot District Committee's work with
establishing boundaries and regulations for the proposed residential large lot district.
The Committee's Chairperson, Delicia Turner, spoke briefly about the district and answered
questions from the Commission. The Committee has recommended holding a town hall meeting
in the Lomax area to keep the citizens informed and to encourage their input.
Motion by Nick Barrera to request Staff make the necessary arrangements for conducting a town
hall meeting to discuss the proposed residential large lot district. Second by Dottie Kaminski.
The motion carried.
Ayes: Barrera, Kaminski, Meharg, Lawler, Berner, Finch, and Muston
Nays: None
Abstain: None
9. CLOSE WORKSHOP.
Chairperson Muston closed the workshop at 8:20 p.m.
10. STAFF REPORTS.
Saff reported the following:
^ Major commercial residential developments currently underway (list provided to
Commission).
^ HGAC Workshop will be presented at City Hall on May 4th from 10:00 - 12:00 to hear the
long-range land-use transportation plan for our area.
^ Upcoming Council items previously heard by the Commission.
11. ADJOURN
Motion by Paul Berner to adjourn. Second by Nick Barrera. The meeting adjourned at 8:20 p.m.
Submitted by,
Peggy L e
Secretary, Planning and Zoning Commission
A oved on this day of V V ~0 , 2005.
Pat Muston
Chairperson, Planning and Zoning Commission
• •
Zone Change Request
#R05-004
Exhibits
A. Commission's Action Request
B. Aerial Map
C. Zoning Map
D. Staff Report
E. Sketch Plan
F. Public Notice Responses
• •
Zone Change Request #ROS-004
Planning and Zoning Commission
May 19, 2005
Location of Pro osed Chan a 3700 Block of Luella Boulevard
Legal Description of Proposed Zoning Approximately 6.20-acre tract out of 7.6812 acres
of land, being a pt. of TR 22A, 22.3547 acre tract
of undeveloped land as conveyed by deed, as
recorded under Harris County Clerk's File No.
U129425, situated in the William M. Jones Survey,
Abstract 402, La Porte, Harris County Texas.
A licant David L. Brown Seville Place Develo ers, LLC.
Present Zonin Hi h Densi Residential -3
Requested Zoning General Commercial (GC)
Acreage to be Rezoned Approx. 6.20 acres
Surrounding Zoning North High Density Residential (R-3)
East Low Density Residential (R-1)
South General Commercial (GC)
West Hi h Densi Residential -3
Land Use Ma Mid to Hi h Densit Residential
Activit Pro osed Commercial /Retail Develo ment
• The applicant seeks a rezone from High Density Residential (R-3) to
Summary: General Commercial (GC).
• The purpose of the zone change is to develop commercial developments,
i.e. restaurant, convenience store, mixed retail, motel, and office building.
• The City's Land Use Plan shows the subject tracts developing,as mid to
high density residential.
• Proposed Seville Place Apartments are to be located just north of the
subject property.
• Per Ordinances, another multi-family development shall require 1000 ft.
distance from the above site. Hence, the subject site did not qualify for
multi-family use.
• In addition, a portion of the subject tract east of Luella Blvd. just north of
Fairmont Parkway is already zoned General Commercial.
• The effect of the change from R-3 to GC should not have an adverse
impact on the surrounding properties.
• Infrastructure may not be affected by this change.
Recommendation: Staff recommends approval of the zone change request #ROS-004 with the
following considerations:
• The purpose of rezone request is to bring commerciaUretail
developments suitable for this area/market.
• Requested change is compatible with the zoning and uses of nearby
properties.
• Change from R-3 to GC could be considered as viable for future
Actions required by development of restricted land.
The Commission:
• Recommend to Council approval of this rezone request #ROS-004.
• Recommend to Council denial of this rezone request #ROS-004.
• Table this item for further consideration by the Commission.
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FAIKNIONT PARKWAY
LEGEND
NORTH EAST CORNER OF
LUELLA BLVD. & FAIRMONT PARKWAY
R-1 . LOW DENSITY RESIDENTIAL
R-2. MEDIUM DENSITY RESIDENTIAL
~`~:B; R-3. HIGH DENSITY RESIDENTIAL
~ GC . GENERAL COMMERCIAL
--- PROPERTY,OUTLINE
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Staff Report May 19, 2005
Zone Change Request #R05-004
Requested by: David L. Brown, on behalf of Seville Place Developers, LLC.
Requested for: 6.20 acres, pt. of TR 22A, being 7.6812 acres of land, William M. Jones
Survey, La Porte, Harris County, Texas.
Location: Luella Boulevazd at Fairmont Pazkway.
Present Zoning: High Density Residential (R-3)
Requested Zoning: General Commercial (GC)
Background: The property in question is approximately 6.20-acre tract out of 7.6812 acres
of undeveloped land, being a pt. of TR 22A, 22.3547 acre tract of land as
conveyed by deed, as recorded under Harris County Clerk's File No.
U129425, situated in the William M. Jones Survey, Abstract 402, LaPorte,
Harris County Texas. The subject tract is just south of proposed Seville Place
Apartments to be located at 3701 Luella Boulevard. The property is
strategically located in the near vicinity of mixed-use developments, i.e.
single-family residential districts, apartment complex, San Jacinto College,
Golf Course, and commercial establishments.
The above 7.6812 acre tract splits into two zoning classifications. A 1.48
acre pazcel at the southeast of Luella and Fairmont Pazkway is zoned
General Commercial (GC) as per zoning map. The remaining 6.20 acres
pazcel along Luella Boulevazd is zoned High Density Residential (R-3). The
purpose of rezoning is to allow mixed-use commercial office building, retail,
convenience store, restaurant, and motel etc. The applicant is seeking this
rezoning as a means to mazket the property towazds specific businesses that
currently operate in the immediate geographic area.
Ana sis: The commercial classification is intended to provide for the establishments
of town centers convenient, business; retail or service outlets which deal
directly with the customer for whom the goods or services aze furnished.
These centers aze to provide services and goods for the surrounding
neighborhoods, area residents/visitors and aze intended to draw customers
from the other geographic azea as well.
With cazeful consideration and planning, this interrelationship may be
beneficial to the whole community. In fact, the City has been consistent with
providing a conducive environment to the extent and nature of development
along major roads within the City limits.
D~.
• •
#R OS-004
P&Z 5/ 19/05
Page 2 of 4
However, the relationship to the Comprehensive Plan needs to be
emphasized as much as possible. In considering this request, Staff has
reviewed the applicable chapters of the Comprehensive Plan. These chapters
include; land use, transportation, utilities, and development strategy.
Land Use -The Land Use Plan indicates this area envisioned as developing
as commercial and mid to high density residential with front along Fairmont
Parkway as commercial uses. The tract in question is within the vicinity of
residentia.Ucommercial establishments all along the major roads.
Recently, the City adopted new multi-family regulations. As per rule, multi-
family development must be located at least 1,000 feet from other multi-
family.residential development. Given the eventual completion of Seville
Place Apartments, in this case another multi-family development here is not
allowed. So, the current land use designation will be inappropriate for the
subject property.
Conformance of a zoning request with the land use plan is one consideration
among several criteria to be considered in approving or denying an
application. Other criteria may include:
• Character of the surrounding and adjacent areas;
• Existing use of nearby properties, and extent to which a land use
classification would be in harmony with such existing uses or the
anticipated use of the properties;
• Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services; and other considerations;
• Extent to which the designated use of the property would harm the value
of adjacent land use classifications;
• Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of the road network influenced by the
use;
• Extent to which the proposed use designation would permit excessive air
pollution, water pollution, noise pollution, or other environmental harm
on adjacent land use designations; and,
• The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
Transportation -This location at the corner of Fairmont Parkway, asemi-
controlled access highway and Luella Boulevard, a major collector street
between Fairmont Parkway and Spencer Highway, provides more than
adequate accessibility for circulation of traffic and may accommodate the
• •
#R OS-004
P&Z 5/19/05
Page 3 of 4
Conclusion:
traffic generated by the proposed uses. There should be no impact on traffic
flow to and from the abutting residential neighborhoods.
However, the City would approve a properly designed median cut and left
turn bay for southbound Luella Boulevard traffic access. Internal roadways
shall be designed and constructed in conformance with the City Standards.
Since traffic movement is the primary function of these roadways, access
management at this intersection would be essential. Driveways connecting
directly onto these roadways should be minimized to avoid traffic congestion
and other delays caused by turning movements for vehicles entering and
existing driveways.
Utilities -Public facilities and services are sufficient to handle the supply of
potable water- and fire protection in the area. Provisions will have to be made
to ensure that all on-site infrastructure or improvements to accommodate the
water and sanitary sewer needs of this development. Storm water drainage
issue will be reviewed with the site. development plans.
Development Strategy -One of the tenets of the Comprehensive Plan is to
encourage new construction of vacant properties. It is also necessary that the
City should consider action to attract the types of new developments with an
effective approach to the development process. Here, it is noted that the
property is no longer utilized for apartment complex due to nearby Seville
Place and 1,000 ft rule. It is staff s opinion that it is an appropriate location
for new commercial development, -which can sustain investment in the area
as the basis of successful development strategy.
Based on the above issues, staff finds the requested change conforms to the
present zoning and uses of nearby properties. The tract in question is suitable
for the requested change to GC making an environment conducive for
business development. Development within the subject tract should not
negatively impact the surrounding properties and should not harm the value
of nearby properties. It would not have a significant impact on traffic
conditions in the area and utilities would not be affected.
• There was no apparent error in assigning the present zoning
designation to the tract in question.
• By virtue of location and underlying land use designation, it does
satisfy the criteria established for commercial developments.
The applicant has demonstrated that the requested zoning would represent
the highest and best use of the property. Granting the requested change
would not be contrary to the goals and objectives of the Comprehensive
Plan.
• •
#R OS-004
P&Z 5/ 19/05
Page 4 of 4
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-3 to GC.
Actions available to the Commission are listed below:
• Recommend to Council approval of this rezoning request from R-3
to GC.
• Recommend to Council denial of this rezoning request from R-3 to
GC.
• Table this item for further consideration by the Commission.
• •
Special Conditional Use Permit
#SCU05-005
Exhibits
A. Commission's Action Request
B. Aerial Map
C. Staff Report
D. Draft SCUP
E. Site Plan
F. Public Notice Responses
•
Special Conditional Use Permit #SCU05-005
Planning and Zoning Commission
May 19, 2005
n
U
Location of Pro osed Develo ment 1001 S. 4` Street
Legal Description Pts. Lots 5 & 6, Block 177, Town of La Porte,
Johnson Hunter Survey, Abstract 35, La Porte,
Harris County, Texas.
A licant Dr. Dili Patel La Porte Medical Clinic
Present Zonin General Commercial GC
Requested Action Off-site parking
Acreage 0.115 acre
Surrounding Zoning North General Commercial (GC)
East General Commercial (GC)
South General Commercial (GC)
West General Commercial GC
Land~Use Ma Commercial
Activit Pro osed Off-site Parkin
• Staff has been directed to work with Dr. Dilip Patel of the La Porte Medical
Summary: Clinic on the abatement of the trees obstructing the stopping sight triangle
at the northeast corner of South 4~' Street and West Fairmont Parkway
across from the City Hall.
• Since the opening of new medical facility at this location, numbers of
patients/visitors have increased and private vehicles are parked in the
public right-of--way at the same intersection.
• A possible option that staff has investigated is the use of the City's property
lying vacant between the water well and record storage building along
South 4~' Street for off-site pazking. Dr. Patel is receptive to this concept.
• There is not enough space at the medical facility to accommodate on-site
parking. In addition, there is no other reasonable site available nearby this
facility.
• As per Ordinances, the proposed location for off-site parking is within 300
feet of the principal building.
• Material for the parking lot will be concrete with lighting, sidewalks,
and landscaping constructed at the applicant's expense.
• Currently, a Special Conditional Use Permit (SCUP) is being requested for
the purpose of allowing an off-site pazking for La Porte Medical Clinic.
• The Section 106-441 of the Zoning Ordinance classifies this type of
Recommendation: development as Conditional Use.
Staff recommends the approval of SCUP#OS-005 with the following conditions:
• Off-site parking shall comply with: all pazking standards.
• Screening and /or landscaping of pazking lot shall be required in
accordance with Section 106-444(a) of the Ordinances.
• Paved area of parking lot would be concrete equipped with lighting and landscaping.
• All construction costs and sidewalks installation will be responsibility of the lessee.
• The monthly lease fee is expected to be approximately $320.00.
• A properly drawn legal instrument (lease agreement), duly approved by the
Actions required by City Attorney, shall be filed with the City Secretary.
the Commission:
• Recommend to Council approval of this SCUP
• Recommend to Council denial of this SCUP
• Table this item for further consideration by the Commission.
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Staff Report Off-Site Parking May 19, 2005
Special Conditional Use Permit #OS-005
Re nest: Special Conditional Use Permit Request #SCU05-005
Requested By: Dr. Dilip Patel, M.D. (La Porte Medical Clinic)
Requested For: Approximately 0.115 acre tract being part of 0.43 acre of land described as
lots 1-4 & pt. of lots 5 & 6, Block 177, Town of La Porte, Johnson Hunter
Survey, Abstract 35, La Porte, Harris County, Texas. The property is
located at 1001 S. 4~' Street adjacent to the Record Storage facility of the
City of La Porte.
Present Zoning: General Commercial (GC)
Requested Use: Applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of allowing construction of an off-site parking lot for a medical
clinic. Off-site parking is classified as a conditional use per Section 106-441,
Table A, Commercial Uses of the Zoning Ordinance (Chapter 106).
Background: City Council directed staff to work with Dr. Dilip Patel, M.D. of the La Porte
Medical Clinic on the abatement of the trees obstructing the stopping sight
triangle at the northeast corner of South 4`" Street and West Fairmont
Parkway and on the continued parking of private vehicles in the public right-
of-way at the .same intersection. Dr. Patel has been approached by the City
staff for a possible location of additional parking to serve his clinic located at
404 W. Fairmont Parkway near the City Hall. The Harris County Appraisal
District (HCAD) describes this property as Lots 12-16, Block 177, at the
northeast corner of South 4t1i Street and Fairmont Parkway. The City of La
Porte owns lots 1 thru 11 of the same block behind the medical clinic. The
City's Water Well #3 occupies lots 7-11. The record storage facility is
located on lots 1 thru 4, with lots 5 & 6 undeveloped. The City will lease a
portion of these. lots to Dr. Patel for parking area to serve the Physician's
office and other medical facilities.
Ana sis: Zoning Ordinance Section 106-217 establishes the following review criteria .
and conditions for approval of Special Conditional Use Permits:
• That the specific use will be compatible with and not injurious to the use
and enjoyment of the other property, nor significantly diminish or impair
property values within the immediate vicinity.
• That the conditions placed on such use, as specified in each district, have
been met by the applicant.
That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public interest
and welfare of the community.
~;
Off-site Parking •
50005-005
Page 2 of 3
Since the opening of new medical facility at this location, numbers of
visitors/patients for La Porte Medical Clinic has increased significantly.
Private vehicles are often parked along South 4~' Street and on the City
property across the street. Pedestrian and other vehicular traffic experienced
problems like visibility/sight triangle and off-street parking. The clinic is
located in an area with no off-street parking. Therefore, additional off-site
parking would be required to meet City's parking requirements. The tract
intended for a parking area is in a close proximity to the clinic between
record ,storage facility and water well. Moreover, there is no reasonable
location on the existing clinic site and surrounding area to provide anoff--site
parking.
Section 106-444, Special Use Performance Standards for off-site parking
addresses the following issues pertaining to the subject use within a
commercial zone.
• Such off-site parking shall comply with all parking standards stated in
the Zoning Ordinance and PICM.
• Reasonable access from anoff-site parking facility to the use served shall
be provided.
• In addition, off-site parking shall be within 300 feet of the use served.
• Should have good access to secondary and primary streets.
As proposed, the parking lot shall be constructed at the applicant's expense
and land lease to him for five years. The estimated cost of construction is
calculated to be $20,000 and would include but not limited to a concrete
parking lot, lighting, sidewalks and landscaping/screening. Iri exchange, the
City will receive the removaUabatement of the aforementioned trees, the
cessation of parking in the public right-of--way aswell as amonthly -fee of
approximately $320.00.
Attached site plan shows parking spaces and maneuvering aisles are of
adequate dimensions. Access from off-site parking to the building is
reasonable. The parking lot will serve the facility that might expand in
future. It will benefit the area by moving cars off the street into a proper and
adequate parking area.
This site and the proposed use meets all the above criteria. Staff believes the
request satisfies all applicable ordinance requirements. This facility and the
proposed use are compatible with the surrounding properties and should not
be injurious to the use, enjoyment or value of surrounding properties
Off-site Parking
SCU05-005
Page 3 of 3
Conclusion/
Recommendations: Staff recommends the approval of a Special Conditional Use Permit
#SCU05-005 with the following conditions:
• Off-site parking shall comply with all parking standards.
• Screening and/or landscaping of parking lot shall be required in
accordance with Section 106-444(a) of the Ordinances.
• Paved area of parking lot would be concrete equipped with lighting and
landscaping.
• All construction costs and sidewalks installation will be the
responsibility of the lessee.
• The monthly lease fee is expected to be approximately $320.00.
• A properly drawn legal instrument (lease agreement), duly approved by
the City Attorney, shall be filed with the City Secretary.
• The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission are:
• Recommend to Council approval of this SCUP
• Recommend to Council denial of this SCUP
• Table this item for further consideration by the Commission.
•
:7
Draft
This permit is issued to
For Development of:
Legal Description:
Zoning:
Use:
Permit Conditions:
City of La Porte
Special Conditional Use Permit # SCU 05-005
DR. Dilip Patel (La Porte Medical Clinic)
Owner or Agent
404 West Fairmont Parkway. La Porte TX 77571
Address
Parking Lot (Off-site)
Development Name
1001 S. 4th Street. La Porte
Address
Pt. Lots 5&6, Block 177, Town of La Porte
La Porte, Harris County. Texas.
General Commercial (GC)
Parkins Lot
1. SCUP#05-005 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 Ordinances. The landscaping should be a mixture of
trees and shrubs.
3. Paved area of parking lot would~be concrete equipped with lighting and landscaping.
4. All construction costs and sidewalks installation will be responsibility of the lessee.
5. The monthly lease fee is expected to be approximately $320.00.
6. A properly drawn legal instrument (lease agreement), duly approved by the City Attorney, shall be
filed with the City Secretary.
7. The Developer shall comply with all applicable laws and ordinances of the City and the State of
Texas.
Failure to .begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
:~
• •
Zoning Ordinance Amendment
Exhibits
• Staff Report
• Draft Ordinance
• Recommended Trees List
• •
Staff Report
Tree Preservation
May 19, 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.
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:
• Recommend approval of the amendments to the ordinance,
• Recommend denial of the above amendment to the ordinance,
• Continue discussion at the next meeting to allow further study of
the item. This. results in tabling any action on this item.
• •
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 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.
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.
C7
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 (eaves 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 I-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 I-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 fr. 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. Trachelospermum asia
Japanese Aralia 1-3 fr. 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 '/~" 6'- 8' 2 %' - 3' 3'-4'
30 Gal. 2" - 2 'h" 8'-10' 4'-5' 4'-5'
45 Gal. 2 '/2" - 3" 10'-12' S'-6' S'+
65 Gal. 3" - 3 '/2 " 12'-14' 6'-7' S'+
95 Gal. 4" - 4 ''/z" 14'-16' 7'-8' S'+
Flowering Ornamentals
15 Gal. 1" - 1 '/<" 3'-7' 3'-4' 3'-4'
30 Gal. 1 ''/2" - 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. l2'-14' 6'+
Source: Southeast Texas Nursery Grower's Association
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