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HomeMy WebLinkAbout05-19-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission• • PLANNING AND ZONING COMMISSION MINUTES OF MAY 19, 2005 Members Present: Pat Muston, Paul Berner, Doretta Finch, Dottie Kaminski, Claude Meharg, Nick Barrera, Kirby Linscomb, Jr., Les Bird (Alt. 2) Members Absent: Hal Lawler (Alt. 1) City Staff Present: Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; Parks Maintenance Superintendent, Bert Clark; 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 APRIL 21, 2005, REGULAR MEETING AND PUBLIC HEARING. Motion by Paul Berner to approve the Minutes of April 21, 2005. Second by Nick Barrera. The motion carried. Ayes: Berner, Barrera, Kaminski, Finch, Meharg, Linscomb, and Muston Nays: None Abstain: None 3. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R05-004 REQUESTED FOR THE PROPERTY LOCATED NORTH OF FAIRMONT PARKWAY AND EAST OF LUELLA BOULEVARD ADJACENT TO SEVILLE PLACE APARTMENTS. THE APPLICANT, SEVILLE PLACE DEVELOPERS, LLC., SEEKS TO REZONE THE PROPERTY FROM HIGH DENSITY RESIDENTIAL (R-3) TO GENERAL COMMERCIAL (GC) FOR PROPOSED COMMERCIAL DEVELOPMENT. A. STAFF PRESENTATION City Planner, Masood Malik, presented staff s report. The applicant, David Brown, for Seville Place Developers, LLC, has requested a rezone from High Density Residential to General Commercial for 6.20 acres along Luella Boulevard at Fairmont Parkway. The applicant intends to develop commercial uses, such as a restaurant, convenience store, mixed retail, motel and office building. Fifteen notices of public hearing were mailed to adjacent property owners. The City received one response opposing the rezone. Staff recommended approval of the rezone. Mr. Malik responded to questions from the Commission. There was a concern that Luella Blvd. is too narrow for construction of a left turn lane into the development. B. PROPONENTS David Brown, the applicant, confirmed the median is wide enough to support a left turn lane. C. OPPONENTS There were none. Planning and Zoning Commission • Minutes of May 19, 2005 Page 2 4. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:15 p.m. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R05-004 REQUESTED FOR THE PROPERTY LOCATED NORTH OF FAIRMONT PARKWAY AND EAST OF LUELLA BOULEVARD ADJACENT TO SEVILLE PLACE APARTMENTS. THE APPLICANT, SEVILLE PLACE DEVELOPERS, LLC., SEEKS TO REZONE THE PROPERTY FROM HIGH DENSITY RESIDENTIAL (R-3) TO GENERAL COMMERICAL (GC) FOR PROPOSED COMMERCIAL DEVELOPMENT. Motion by Nick Barrera to recommend to City Council, approval of Rezone Request #R05-004 to rezone property located north of Fairmont Parkway and East of Luella Boulevard, adjacent to Seville Place Apartments, from High Density Residential to General Commercial. Second by Paul Berner. The motion carried. Ayes: Barrera, Berner, Kaminski, Finch, Meharg, Linscomb, and Muston Nays: None Abstain: None 6. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT #S0005-005 FOR PROPERTY LOCATED AT 1001 S. 4T" STREET NEAR CITY HALL, FURTHER DESCRIBED AS 0.115 ACRE TRACT BEING PART OF 0.43 ACRE OF LAND AS LOTS 1-4 AND PT. OF LOTS 5 8 6, BLOCK 177, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. DR. DILIP PATEL, THE LESSEE FOR THE CITY PROPERTY, SEEKS APPROVAL OF A SPECIAL CONDITIONAL USE PERMIT FOR DEVELOPMENT OF PROPOSED OFF-SITE PARKING FOR MEDICAL CLINIC AT THE INTERSECTION OF S. 4T" STREET AND FAIRMONT PARKWAY. Chairperson Muston opened the public hearing at 6:17 p.m. A. STAFF PRESENTATION Planning Director, Wayne Sabo, presented staff's report. The applicant, Dr. Dili Patel, has requested a special conditional use permit for property located at 1001 S. 4 Street for the purpose of allowing construction of an off-site parking lot for a medical clinic. Nine notices of public hearing were mailed to adjacent property owners. The City received two responses favoring approval. Mr. Sabo responded to questions from the Commission. Staff recommended approval of the special conditional use permit. B. PROPONENTS There were none. C. OPPONENTS There were none. 7. CLOSE PUBLIC HEARING. Plannin and Zonin Commission 9 9 Minutes of May 19, 2005 Page 3 Chairperson Muston closed the public hearing at 6:25 p.m. 8. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU05-0OS FOR PROPERTY LOCATED AT 1001 S. 4T" STREET NEAR CITY HALL, FURTHER DESCRIBED AS 0.115 ACRE TRACT BEING PART OF 0.43 ACRE OF LAND AS LOTS 1-0 AND PT. OF LOTS 5816, BLOCK 177, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. DR. DILIP PATEL, THE LESSEE FOR THE CITY PROPERTY, SEEKS APPROVAL OF A SPECIAL CONDITIONAL USE PERMIT FOR DEVELOPMENT OF PROPOSED OFF-SITE PARKING FOR A MEDICAL CLINIC AT THE INTERSECTION OF S. 4T" STREET AND FAIRMONT PARKWAY. Motion by Dottie Kaminski to recommend to City Council, approval of Special Conditional Use Permit #SCU05-005 for property located at 1001 S. 4t" Street. Second by Kirby Linscomb. The motion carried. Ayes: Kaminski, Linscomb, Barrera, Bemer, Finch, Meharg, and Muston Nays: None Abstain: None 9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING CHAPTER 106, SECTION 106-801, CONCERNING REQUIREMENTS FOR TREE REPLACEMENT, PROTECTIVE FENCING, AND VISIBILITY TRIANGLES WITHIN THE ZONING DISTRICTS. (THIS ITEM WAS TABLED AT THE FEBRUARY 17, 2005 MEETING) Bert Clark, Parks Maintenance Superintendent, presented staffs report. Mr. Clark reviewed the proposed Zoning Ordinance amendment relating to tree placement, protective fencing and visibility triangles. The amendment would be in addition to the existing tree preservation ordinance. Commission Members had questions of the Staff about the intent of the amendment and how it would affect residential property owners. Chairperson Muston recessed the meeting at 6:45 p.m. in order for staff to retrieve information about possible fees associated with clearing permits. Chairperson Muston reconvened the meeting at 6:55 p.m. Mr. Sabo stated there are no fees associated with obtaining a clearing permit. Motion by Dottie Kaminski to recommend to City Council, approval of an amendment to the Zoning Ordinance by amending Chapter 106, Section 106-801, concerning requirements for tree replacement, protective fencing, and visibility triangles within the zoning districts, subject to deletion of the following statement pertaining to Sec.106-804 Visibility Triangles: "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." Second by Kirby Linscomb. The motion carried. Ayes: Kaminski, Linscomb, Barrera, Berner, Finch, Meharg, and Muston Nays: None Abstain: None 10. STAFF REPORTS Planning and Zoning Commissl~fi • Minutes of May 19, 2005 Page 4 Staff reported the following: ^ Town Hall Meeting on the proposed Rural Residential Large Lot Zoning District will be held at the Lomax Elementary Cafeteria on June 9, 2005, from 6:00 to 9:00 p.m. ^ City Council has established the 2005 Comprehensive Plan Review Committee. The Committee will meet the first Thursday of the month at 7:00 p.m. in the Council Chambers. Committee Members are: Betty Waters (Chair), Chester Pool, David Brady, John Tomerlin, and Ed Matuszak. ^ Commission updated on commercial development activity. 11. ADJOURN Motion by Paul Bemer to adjourn. Second by Doretta Finch. The meeting adjourned at 7:10 p.m. Submitted by, Pegg Secretary, Planning and Zoning Commission Approved on this ~ ~ day of , 2005. ~~ Pat Muston Chairperson, Planning and Zoning Commission • • Home Porte Storage Special Conditional Use Permit #SCU05-006 Exhibits A. Commission's Action Request B. Aerial Map C. Staff Report D. Draft SCUP E. Current Submittal F. Previous Building Standards G. Site Plan • . Special Conditional Use Permit #SCU05-006 Planning and Zoning Commission June 16, 2005 Location of Proposed Change 1200 Block of South 13` Street, between West K & L Streets Legal Description of Proposed Zoning Lots 1 thru 32, alleys and portions of 14` street rights-of--way, Blocks 1136 & 1137, Town of La Porte, Harris Count ,Texas. A licant Randall Jones Present Zonin General Commercial GC Acres a to be Rezoned 5.4362 acres 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 Mini-stora e, Boat/RV stora e & Car Wash Summary: • The applicant is requesting a Special Conditional Use Permit (SCUP) for developing a climate control, boat/RV storage, and car wash at Commercial Reserve A. • The mini-storage/warehousing is classified as a conditional use in GC zone. • The existing facilities to the north of this property aze primarily commercial (offices, restaurants, drug store, office supplies, medical center, grocery store, insurance company, and banks). • To the south, the Planning and Zoning Commission and City Council have approved SCUP for another on-going project known as the Texas ImportlExport Park (TIEP), which is restricted by both a Development Agreement and covenants in an attempt to develop a well planned, quality mixed-use commercial and industrial development. • The subject tract abuts on South l3`h Street (80'ROW) which connects with Fairmont Parkway, a controlled access highway (100' ROW). • The project as presented now has the closure of S. 14~' portion between West K & L Streets and both public alleys 16' wide between blocks 1136 and 1137. • The overall area plans (TIEP, Taylor Bayou Watershed, and South 16~' Street Planning Area) have prompted regional detention for the undeveloped land mass south of the Fairmont Parkway system. Drainage plan will be reviewed according to the guidelines prescribed by these plans. • Earlier, City Council approved Special Conditional Use Permit #SCU04-006 for this project presented as some commercial/retail, office, and mini-storage. • Recommendation: Current submittal is a deviation of the previously approved GP and SCUP. Staff recognizes that the new proposal is not as advantageous to the City. Being in the TIRZ, the proposed development does not seem to be an economic generator. Part of the delineation and eventual approval of the previous SCUP was based on the business center and office component of the development. The current proposal is a typical storage project, which contains no architectural standards to provide compatibility with the surrounding commercial activities. If P&Z consider recommendation for approval of this SCUP, staff suggests the conditions as listed in the draft SCUP attached herewith. Action Required by the . Recommend to Council approval of this SCUP with additional conditions. Commission: • Recommend to Council denial of this SCUP. • Table this item for further consideration by the Commission. o +~~3L~t;l~ ~ ~_ • • Staff Report June 16, 2005 Home Porte Storage Special Conditional Use Permit #SCU05-006 Requested bv: Mr. Randall Jones Requested for: All lots in Blocks 1136, and 1137, alleys in these blocks, and portion of south 14`" Street R.O.W. between blocks 1136 & 1137, Town of La Porte, Harris County, Texas. Location: 1200 Block of South 13`" Street (One Block South of Fairmont Parkway) Zoning: General Commercial (GC) Proposed Use: Mini-Storage, Boat/RV Storage, and Car Wash Background: The applicant is proposing a climate control mini-storage, boat/ RV storage, and car wash on approximately 5.50 acre tract bounded by West `K' Street (unimproved ROW) on the north, and West L Street (unimproved ROW) on the south, South 13~' Street on the east and South 15`" Street R.O.W. (unimproved) on the west. . The property is zoned General Commercial (GC). Mini-Storage warehousing (SIC #4225) is classified as a Conditional Use in GC zone. Earlier, the Planning and Zoning Commission, during its May 20, 2004, meeting, recommended approval of Special Conditional Use Permit #SCU04-006. City Council, at the June 14, 2004, meeting approved the SCUP to build mini-storage and commercial/business center on approximately 9.16 acre tract of land located in the 1200 Block of South 13t" Street between West "K" and "L" Streets. As a condition of the approved SCUP, the applicant filed an application with the City to close public alleys and portion of streets in Block 1135, 1136, and 1137. As a part of procedure, consent from the neighboring or adjacent property owners is required. In fact, permission for closing a portion of South 15t" Street ROW was not granted by the adjacent property owner on the west. Eventually, closing of alleys in blocks 1135, 1136, and 1137 along with portion of South 14t" Street ROW were processed and approved by City Council. Currently, the property is being formally replatted. In addition, earlier approved SCUP will be expiring soon. The previous SCUP has a combination of commerciallbusiness center with the mini-storage facility. The new plan is a deviation of the previously approved General Plan and SCUP. Therefore, it requires a new Special Conditional Use Permit for the proposed development and final approval by City Council. ~~ C Home Porte Storage • • SCU05-006 Page 2 of 5 Analysis: Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217 (pertains to SCUP), all applicable elements of the La Porte Comprehensive Plan as a guide. Considerations were given to the following issues: • Character of the surrounding and adjacent properties; • Existing use of nearby properties, and the 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 uses; • Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of road network influenced by the use; • Extent to which the proposed use designation would permit excessive air, water or noise pollution, or other environmental harm on adjacent land use designations; and, • The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Land Use -The City's Land Use Plan shows this area developing with commercial uses. The existing land uses are primarily commercial (offices, restaurants, drug store, office supplies, medical center, insurance company, and banks etc.) The previous SCUP for this development was more conforming to the land use plan than the current submittal. To the south, the Planning and Zoning Commission and City Council have approved the General Plan for the Texas Import/Export Park, which is restricted by both a development agreement and covenants in an attempt to develop well planned, quality mixed use commercial and industrial development. The property between TIEP and this location is not restricted but was included for the public infrastructure planning of this area. Transportation -Staff notes that the subject tract abuts on South 13th Street (80'ROW), major access to the project, just one block south of Fairmont Parkway, and a 100' ROW semi-controlled access roadway. The transportation system may accommodate the traffic and existing properties may not be impacted by the proposed development. The existing roads are adequate to support the said project and the proposed development does not conflict with the City's Thoroughfare Plan. City Council has asked staff to look at circulation in this area and for future consideration of paving "L" Street with connection back to Fairmont Parkway. It has been determined that 13th Street would be the connector. Therefore, a portion of South 13t" Street, a major access to this proposed project, shall be extended to and through of the applicant's property. It shall be constructed at the applicant's expense and per the City's standard Specs (PICM). Home Porte Storage • • SCU05-006 Page 3 of 5 Utilities and Drainage -Staff reviewed the existing facilities and services for each of the components of the utility system for the proposed development. Existing water is adequate for potable and fire protection needs. Sanitary sewer is along West K Street (unimproved ROW) with existing manhole at the northwest corner of South 12th Street. On-site detention is proposed for this site. The overall area plans (TIEP, Taylor Bayou Watershed, and South 16th Street Planning Area) have prompted regional detention for the undeveloped land mass south of the Fairmont Parkway system. The projected pathway for this channel is between the 12th and 13th Streets ROW. The City will eventually choose one of these ROWS for the storm sewer/channel (drainage corridor) and pedestrian path. The City has several discussions with the Harris County about this path being available for increased runoff from future paving projects on Fairmont Parkway. Staff believes it is premature to close these paths at this time. There is a major trunk sewer 24" stubbed out at "K" and south 13th Street. This stub out is to provide for future line south to serve the undeveloped areas. In addition, the realignment of S. 12th Street shall be required as the project proceeds to accommodate drainage. At present, the area sheet flows from northwest to southeast. Therefore, on-site detention is required with the planned outfall currently in the South 16th Street right-of--way to the south. Open Space/Pedestrian Plan -The City's open space/pedestrian plan promotes a north-south pedestrian way thru the proposed Texas Import/Export Park and to this area via South 13th Street ROW to "K" Street. The property abuts commercial uses along Fairmont Parkway to the north across West K Street, South 15th Street on the west, and South 12th Street on the east. Staff suggests that a substantial portion of the facility's landscaping should be placed adjacent to these streets. The project as presented earlier depended on the closure of alleys between Block 1135, 1136, and 1137, portion of South 14th and 15th Streets between West "K" and "L" Streets. South 14th Street ROW has already been closed and abandoned. There was no consent to close a portion of South 15th Street ROW and it will stay open. Staff would not recommend the closure of South 13th Street and propose that the developer improve South 13th Street to and through of his property. In addition, the applicant has submitted a rendering showing building elevation/standard for the current project (See Exhibit E). Previous submittal has rendering containing architectural standards to provide compatibility with the surrounding commercial activities (See Exhibit F). Home Porte Storage • • SCU05-006 Page 4 of 5 Conclusion: While recognizing that the previous SCUP submitted in 2004 was more ' conforming to the land use envisioned for this area. The La Porte Comprehensive Plan envisions this area as major commercial center near Fairmont Parkway and State Highway 146. The front of the buildings to be offices with architectural standards of facades match with that of existing commercial office building.along Fairmont Parkway and State Highway 146. In addition, a business center with office development is more compatible with the existing facilities abutting this property. The product presented earlier has those components, which was a selling point for this project. A new plan is only for mini-storage/warehousing, boat & RV storage, and car wash. Mini-storage warehousing, boat & RV storage may be needed but are not considered to be key economic generators. In addition, the subject property lies within the Tax Increment Reinvestment Zone (TIRZ). There are concerns that this development may be less effective in generating as significant increment. If the Planning and Zoning Commission wishes to consider this Special Conditional Use Permit request, staff suggests the following conditions as a minimum be considered: • This SCUP is specifically for a proposed development on Blocks 1136 and 1137. • The developer will work with the City to address the drainage corridor and realignment of S. 12th Street right-of--way. • Additional landscaping shall be required along K Street right-of--way. • South 13th Street should be extended to and through the proposed development at the owner's expense and consistent with PICM. • Utility extension or paved area over drainage corridor/easement will be the responsibility of the owner/developer. • Enhance the building facade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. • Detention basin shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinance. Additional landscaping shall be required to insure a positive appearance if necessary. • Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. • Ensure that maximum lot coverage does not exceed 40%. • This permit does not become valid until a Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. • The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Home Porte Storage ~ • SCU05-006 Page 5 of 5 Options available to the Commission are: • Recommend to Council approval of this SCUP with additional conditions. • Recommend to Council denial of this SCUP. • Table this item for further consideration by the Commission. City of La Porte This permit is issued to: For Development of: Legal Description: Zoning: Use: Permit Conditions: Special Conditional Use Permit # SCU 05-006 Randall Jones "Draft" Owner or Agent 15910 Edgewood Dr. Houston, TX 77059 Address Mini-storage, Boat/RV storage Development Name 1200 Block of South 13'h Street. Town of La Porte Address Lots 1 thru 32, alleys, and portions of street rights-of-way, Blocks 1136, & 1137, Town of La Porte, Harris County General Commercial (GC) Mini-storage/ warehousing 1. This SCUP is specifically for a proposed development on Blocks 1136 & 1137. 2. Developer will work with the City to address the drainage corridor and realignment of S.12`~ Street ROW. 3. Additional landscaping shall be required along K Street right-of--way. 4. South 13~' Street should be extended to and through of the proposed development consistent with PICM. 5. Utility extension or paved area over drainage corridor will be the responsibility of the owner/developer. 6. Enhance the building facade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. 7. Detention basin shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinances. 8. Provide an irrigation system to ensure that all landscaping is properly maintained by the owner/developer. 9. Ensure that maximum lot coverage does not exceed 40%. 10. This permit does not become valid until a Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 11. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 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 ~~-fl~a~3B~