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Home My WebLink About10-20-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission• • PLANNING AND ZONING COMMISSION MINUTES OF OCTOBER 20, 2005 Members Present: Pat Muston, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb, Jr., Claude Meharg, Paul Berner Members Absent: Hal Lawler (Alt. 1), Les Bird (Alt. 2) City Staff Present: Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Traci Koenig NOTE: Items on the Agenda were addressed at the meeting in the following order: Item 1, Item 2, Item 4, Item 5, Item 3. 1. CALL TO ORDER Meeting called to order by Chairperson Muston at 6:00 p.m. 2. APPROVE MINUTES OF THE SEPTEMBER 15, 2005 PUBLIC HEARING AND REGULAR MEETING Motion by Dottie Kaminski to approve the Minutes of September 15, 2005. Second by Kirby Linscomb, Jr. The motion carried. Ayes: Muston, Kaminski, Barerra, Finch, Linscomb, Meharg, Berner. Nays: None Abstain: None 3. CONSIDER PRELIMINARY PLAT FOR PROPOSED GULFPORT DISTRIBUTION CENTER TO BE LOCATED IN THE TEXAS IMPORT/EXPORT PARK SITE ALONG SOUTH 16T" STREET (POWELL ROAD). Staff report was given by Wayne Sabo, Director of Planning. The subject tract is located within the boundaries of a PUD known as Texas Import Export Park. The Staff holds the position that the Preliminary Plat cannot be deemed administratively correct due to the fact that the Plat does not address the full and complete terms of the applicable Special Conditional Use Permit, General Plan, and Developer's Agreement. Mr. Jim Nelson, of National Realty Group, took the opportunity to speak on behalf of the applicant, Mr. Larry Frith. The opinion of the applicant is that while the submittal may not satisfy all of the demands of the umbrella documents, the design of the Plat is such that the subject tract could be self-sufficient if required to be, and regardless of if and/or how the surrounding property develops, the subject tract will be able to accommodate the surrounding development. The applicant, Mr. Larry Frith, addressed the Commission from the audience to express his lack of direct involvement with the Developer's Agreement, but stated that this plat does meet all of the requirements of the applicable General Plan and Special Conditional Use Permit. Mr. Frith feels that he is being inhibited by the Developer's Agreement, which he claims never to have knowingly subscribed to. Mr. Jason Christian, of JKC Associates, is the Engineer responsible for the design of the plat. He supported Mr. Nelson's contention that the drainage and traffic set-up of the plat is self-sufficient, regardless of surrounding development. Motion by Nick Barerra to conditionally approve the Preliminary Plat, with the following conditions: • • Planning and Zoning Commission Minutes of October 20, 2005 Page 2 • All the provisions of the Special Conditional Use Permit, General Plan, and Developer's Agreement must be met prior to recordation of the Final Plat. Second by Dottie Kaminski. The motion carried. Ayes: Muston, Kaminski, Barerra, Finch, Lipscomb, Meharg, Berner. Nays: None Abstain: None 4. CONSIDER A MINOR PLAT FOR NAVARRO SUBDIVISION TO BE LOCATED AT 200 GARFIELD BLVD. NEAR SOUTH BROADWAY. Staff report was given by Masood Malik, City Planner. The applicant is requesting approval of a plat for proposed Navarro Subdivision to be located along South Broadway at 200 Garfield.. Formerly known as Flamingo Bay Apartments, the subject property, atone time, consisted of nine separate buildings on one lot. The complex was occupied until July of 1997, and was later determined by the Zoning Board of Adjustments to be abandoned, according to Zoning Ordinance provisions for abandonment of non-conforming structures and lots of record. A mitigation agreement was reached between the Owner/developer and the City which required that the 5 buildings encroaching upon required setbacks either be removed or brought into compliance with the Zoning Ordinance. The developer chose to demolish the 5 encroaching buildings, and currently seeks to incorporate the remaining four buildings into the proposed development as part of a residential unit to encompass two separate lots and one common reserve area. Staff received the plat initially, and a letter was sent to the Owner/ developer describing what changes should be made prior to re-submittal of the plat. A revised re-submittal was never received by the City. The applicant was not present to respond to Commission questions. Masood Malik answered questions of the Commission. Motion by Paul Berner to deny proposed plat for Navarro Subdivision. Second by Nick Barerra. The motion carried.. Ayes: Muston, Kaminski, Barerra, Finch, Lipscomb, Meharg, Berner. Nays: None Abstain: None 5. PRESENTATION REGARDING AN .ECONOMIC DEVELOPMENT STUDY. Staff report was given by Wayne Sabo, Director of Planning. An economic study is to be done on the La Porte area in order to specify which types of retail business the community of La Porte should be targeting to attract. The study results will be conveyed to City Council, and in turn, will be conveyed to the Planning and Zoning Commission. A Buxton Company presentation on CD was shown to the Planning and Zoning Commission.. 6. ADMINISTRATIVE REPORTS • Large Lot District regulations will be presented to City Council on 10/24/2005. • Special Exception Clause has been drafted by Wayne Sabo and Clark Askins to supplement the Large Lot District Regulations being presented to City Council. • Planning and Zoning Commission Minutes of October 20, 2005 Page 3 • Comprehensive Plan Review Committee meeting to be held 10/31/2005- should be presenting final draft of Comprehensive Plan Update document to P & Z on 11/17/2005. • APA Conference was attended by Pat Muston, Dottie Kaminski, Hal Lawler, Nick Barerra, and Masood Malik. They noted that it was a positive experience. 7. COMMISSION COMMENTS Pat Muston noted that the APA Conference was very informative. 8. ADJOURN The meeting was adjourned at 7:05 pm. Submitted by, Traci Koenig Secretary, Planning and Zoning Commission Approved on this ~ ~ day of ~11~,~t~, 2005. A ~- {~j ~ 1Yl i p~js(Li T K . ~I~- Chairperson, Planning and Zoning Commission • • Oath of Office ~= OATH OF OFFICE I, Les Bird , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Planning and Zoning Commission, of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ~~~ Sworn to and subscribed before me this ~ day of / v ~~2 W) er, 2005 IIIIIIIB1111111111f11161111111111illllllllllilllllllll °`'"Y °"°~~ PEGGY LEE * NOTARY PUBLIC - STATE OF TEXAS MY COMMISSION EXPIRES ~T~TE OF SE+F9 SEPTEMBER 24, 2007 - illlllllltllllllll111l1111lillllllllllllllllllllilllh Notary Public in and for the State of Texas -- ? _ _: ~ • PLEASE TYPE UR YRINT LEUIBI,Y PROS li)E A.LL RF(lt rFSTEP iNFnR?vt:~'I [ON STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Const. art. XVI, §1(b), amended 2002) I, Les Bird, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case maybe, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. l -1 17 05 Date /~ Affiant's Signature ~l~ h I n ~ d 2-611 i ~pY~nm ~ 1(m ;q ~ ~'i'~1~'Q~ Houston/Harris Position Which Ele ed/Appointed City and/or County Form No. 2201 ~- ~_ OATH OF OFFICE I, D~retta Finch , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Planning and Zoning Commission, of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. ` o~ .~ Sworn to and subscribed before me this ~ day of Q'VeYYI ~ , 2005 Illllllllillllllilllllllllll11111111111111111111111119 = 2O,~~RY '~B<, PEGGY LEE e * ~* NOTARY PUBLIC - STATE OF TEXAS e MY COMMISSION EXPIRES s'Te ov iE+~y SEPTEMBER 24, 2007 _° 111111111111111161111611111161111111111111111111111111 Tx~~~ Notary Public in and for the State of Texas r-- >~ ... ~: ;,, C:- • - I'LF'r~SL L]~PL UR:1'P~l~'T LEC;1~3L1'-. PROS InE ALL REQUESTED INFORI~fATIc ~\ STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Const. art. XVI, §Z(b), amended 2001) I, Doretta Finch,' do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. I I 85 Date ~~.hYl~/1 Q~+'~cl ~'11 l.D~'Y11M,1~16V1 Position Which Elect Appointed Affiant's Signature Houston/Harris City and/or County Form No. 2201 • • Underwood Business Park Phase II Preliminary Plat Exhibits A. Commission's Action Request B. Aerial Map C. Staff Report D. Preliminary Plat E. Utility Schematic • Underwood Business Park (Phase II) -Preliminary Plat Planning and Zoning Commission November 17, 2005 Location of Subdivision Old Underwood Road at State Hi hwa 225 Legal Description 207 acres of land out of the Enoch Brinson Survey, Abstract No. 5, La Porte, Harris County, Texas. A licant Cla Develo ment & Construction Co. Present Zonin Planned Unit Develo ment PUD Requested Use Commercial/Industrial business park Acreage Approx. 88.459 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: • Earlier this year, the applicant received an approval of the General Plan and Special Conditional Use Permit for proposed development of Underwood Business Park to be located along Old Underwood Road south of UPRR and State Highway 225. • Proposed Underwood Business Park will be developed in phases. The first phase is to be developed at the northwest corner of the subject tract with primary access on Old Underwood Road. • Approximately 207 acres of land has been subdivided into five reserves (A-E), with restricted reserve F to be platted later. • Currently, the applicant is requesting approval of a preliminary plat for Underwood Business Park (Phase II). • At this time, 88+ acres of land is being subdivided into two tracts (G&H). • The proposed street (60' ingress/egress) for this development is private. The design and construction of such street will be as per City's Specs. • All the utilities shall be privately maintained except public water. Internal infrastructure shall be the responsibility of the owner/developer. The Preliminary Plat is in accordance with the City's Development Ordinance. Recommendation: Staff recommends approval of the Preliminary Plat with the following conditions: • Final Plat along with construction drawings shall indicate infrastructure and site drainage improvements to ensure proper drainage of the site. • Final Plat and construction drawings shall provide details showing proposed water and sewer line location and easements, if any, dedicated to the City. • Future rail access, spur design, and UPRR approval shall be required. • Detention will be the sole responsibility of the owner/developer. • Subdivision's covenants and restrictions will be accompanied with the Actions required by final plat submission. the Commission: • Approval of the Preliminary Plat authorizes the developer to submit a Final Plat with supporting documentation. • Conditional approval of the Preliminary Plat requires submission of an amended Preliminary Plat and additional documentation as specified by the Commission for the Commission approval. • Disapproval of the Preliminary Plat requires submission of a new Preliminary Plat. ~Y~ 1~ _"~- 7 F. ~ ~ ~ i'~'1A' ~;y4 ~ lF~;' . Z y. ~ f ,'.IK: Vii' ~ c,§ wr; ~ ~~ ~yc + z ~Q` ~" "`1~.J~ °c~-~~t.~'"'-~ ~ ~ _ ~j' ill) ,Y ~0+ ~~~'°~= ~~ _ 'ice. j ~~p ~ ~ Y ".s ~~ I .~ .~ .~ -~P ~'~ , i ~i **, 8': ~: `~~ ~ ~; i~_ +~ :~~',a, i ,; ~~,. ;~:~ t r -r~ ~ -, n~' + Q; . a ~ ,, ri r f; TY l ~' ~~ cl'. r . 1~. ; ~:- :~ ~~+,r ~',. •.a. ~Cf µ `"„ s- s~ ~, ` Y~~ ~ ~ ~ ~~. ~~.~. f :. P P'- i{~ ~y~ ~~ 9) F, I Y ~ j Qp aN N~ N Z WON '?'^ ~ N YJ .W~~oIN w Om~N Z W 10 ~'~ }~ .~ ~ ^ W ° F- o. 3 0 ~ ~z W W~ a 00 p Z ~p a ~. f~8~~~ ~ . • Staff Report Underwood Business Park - Phase II November 17, 2005 Preliminary Plat Requested by: Clay Development & Construction Inc. c/o Danny Martin Requested for: 88.459 acre tract out of 206.990 acres of land in 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 and distribution center Background: The subject property consists of approximately 207 acres located to the south of the Battleground Industrial Park and State Highway 225. The Union Pacific Railroad is adjacent to the property to the Northeast. The Houston Lighting and Power Company (Centerpoint Energy) owns approx. 19 acres of land adjacent to the subject tract to the South. The proposed development on the subject tract will have entrance along Porter Road, a 60' ingress/egress and utilities easement. Porter Road is the main access to the business park off Old Underwood Road through Battleground Road off State Highway 225. Earlier, the property was subdivided into five reserves (A-E) and one restricted reserve F consisting of approximately 49 acres for detention purposes in Phase I. Currently, an 88 acre unsubdivided tract is being platted into two reserves: G and H (Phase II). The tracts will have internal access through Porter Road off Old Underwood Road. The subject property is zoned Planned Unit Development (PUD). The PUD zoning assigned to this tract is, to a great extent, based on the large amount of undeveloped, unsubdivided acreage located in this area. The PUD development requirements are an effective means to ensure that development of this tract will be in accordance with sound planning guidelines. Development in a PUD zoning district requires that an application for a general plan or site development plan shall be filed and processed simultaneously with the Special Conditional Use Permit. This plat application is subsequent to the Commission meeting and a public hearing held for Special Conditional Use Permit #SCU05-007. ~~ • Underwood Business Park Preliminary Plat Page 2 of 3 Analysis: Underwood Business Park is to be developed for business/industrial uses. The developer has constructed a street with 60' of ingress/egress, utility easements, and a storm drainage/detention system that will connect with the regional systems in accordance with the policies of the City and Harris County Flood Control District. In addition, staff reviewed the following elements of the Comprehensive Plan in relation to the applicant's proposed development. Land Use -The City's Land Use Plan envisions business and industrial developments for this area. The zoning and use of the nearby properties is also business/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 street with a proposed right-of- way of 60' to the south of Porter Road. This proposed ingress/egress, "Pike Court", 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 tracts G and H of the business park, predominantly used for warehousing and distribution facilities. The street shall be designed and constructed in conformance using either the City's standard Specs./PICM, AASTO's or Harris County's design standards. The project is located near State highway 225 as well as Battleground Road, a primary arterial and major truck route. As a result, this project 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 project. Utilities and Drainage -Public facilities and services are sufficient to handle the supply of potable water but requires upgrading for fire protection in the area. There is an existing 12" waterline to the east of Underwood Road. An existing sanitary sewer force main runs north and south along the subject property. A sanitary sewer lift station will be required to serve this facility. In addition, provisions will have to be made to ensure that sufficient utility extensions are made to serve this development. Storm water drainage shall be managed by an on-site detention basin reserve (49.802-acre) located to the northeast corner of the business park. • Underwood Business Park Preliminary Plat Page 3 of 3 Conclusion/ Recommendations: Staff reviewed the Preliminary Plat and found it to be in accordance with the Development Ordinance of the City. Staff recommends approval of the Preliminary Plat with the following conditions: • Final construction drawings shall indicate off=site drainage improvements to ensure proper drainage of the adjacent property. • Final Plat and construction drawings shall provide details showing proposed water and sewer line location and easements, if any, dedicated to the City. • Future rail access, spur design, and UPRR approval shall be required. • Detention will be the sole responsibility of the owner/developer. • Submit a copy of the business park covenants and restrictions. Options available to the Commission are as follows: • Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the fmal plat submittal. • Conditional approval of the Preliminary Plat as filed. This will require the developer to address the conditions and resubmit the Preliminary Plat. • Disapproval of the Preliminary Plat as filed. 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Site Plan Special Conditional Use Per#SCU05-007 • Planning and Zoning Commission November 17, 2005 Location of Pro osed Chan a Old Underwood Road & State Hi hwa 225 Legal Description of Proposed Zoning 65 acre tract out of approximately 207 acres of land in the F.A. STAASHEN subdivision in the Enoch Brinson Survey, Abstract 5, La Porte, Harris Count ,Texas. A licant Cla Develo ment & Construction, Inc. Present Zonin Planned Unit Develo ment PUD Acreage 65 acres Surrounding Zoning Planned Unit Development (PUD) and Light Industrial LI Land Use Ma Industrial Activit Pro osed Warehousin and Distribution Center Summary: • The applicant is requesting a Special Conditional Use Permit (SCUP) for development of a warehousing and distribution center in the business park along Old Underwood Road. • The proposed development of `Packwell', an office/warehouse facility consisting of 432,870 sq.ft. will be located on reserve B along Porter Road. • In addition, a 900,000 sq. ft. building "Underwood Distribution Center", to be used primarily as a bulk distribution warehouse, shall be located on reserve H, with access on Old Underwood Road to the west and an internal road (Pike Court) to the east. • Proposed developments are linked to the Underwood Business Park, which will'be developed in phases. • The first phase of the business park development started in May, 2005, with a project known as Poly One Corp. The facility is located at 9710 Porter Road, northwest of the detention reserve just south of UPRR and State Highway 225. • The primary access to the park is along Porter Road, a 60' ingress/egress and utility easement, with access on Old Underwood Road. • The Battleground Industrial Park is located to the north of this property and south of UPRR & SH225. • The property is in the vicinity of major industrial developments and within proximity to the Battleground Industrial District. • Proposed developments are primarily an office/warehouse and distribution facilities equipped with future UPRR access. • The area is earmarked for industrial use in the Land Use Plan. • The overall impact on public services should be minimal. Recommendation: Recognizing economic development as one of the top priorities of the City, the economic impact of this project has merit. Staff reviewed the Zoning Ordinance, Development Ordinance, and all applicable elements of the Comprehensive Plan related to this development proposal. Staff recommends the plan and a Special Conditional Use Permit with the conditions as listed in the draft SCUP attached herewith. Actions required by the Commission: Recommend to Council approval of this SCUP with conditions. Recommend to Council denial of this SCUP. Recommend tabling this SCUP for further review. l o ::. ~" • • Staff Report Underwood Business Park November 17, 2005 Special Conditional Use Permit #SCU OS-007 Requested bv: Clay Development & Construction Inc. c/o Danny Martin Requested for: 65.098 acre tract out of 206.990 acres of land in 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: Warehouse & Distribution Center (Phase II) Background: This site consists of approx. 207 acres located to the south of State Highway 225 and the Battleground Industrial Park located at 101 Old Underwood Road. At this time, the developer is proposing a warehouse and distribution center on a 65-acre tract (reserves B and H of the business park). The facility has an entrance along Old Underwood Road access through Battleground Road and State Highway 225. On January 20, 2005, Clay Development and Construction Inc. submitted a General Plan and Special Conditional Use Permit #SCU05-002 for development of Underwood Business Park, to contain offices, warehousing and distribution center in a PUD zone. The Planning and Zoning Commission recommended to City Council approval of the General Plan and Special Conditional Use Permit #SCU05-002. City Council, at their February 14, 2005, meeting, approved the SCUP. The subject property is zoned Planned Unit Development (PUD). The PUD zoning assigned to this tract is largely based on the great amount of undeveloped, unsubdivided acreage located in this area. Development in a PUD zoning district requires that an application for a general plan be filed and processed simultaneously with the Special Conditional Use Permit. The first phase of this project was initiated in May 2005 with the development of Poly One Corporation to be located at 9710 Porter Road, which is a private 60' ingress/egress and utility easement .This office/warehouse facility consists of approximately 131,250 sq.ft. The current request is for Phase II of the development consisting of a 423,870 sq.ft. building for "Packwell" and a 900K sq.ft building as Underwood Distribution Center. • • Underwood Business Park Reserves B &H 11/17/05 P&Z Meeting Page 2 of 4 Analysis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a P.U.D. zone. Land Use -The City's Land Use Plan shows this area developing with industrial uses. The existing land uses of nearby properties are primarily industrial: the Battleground Industrial Park and the Battleground Industrial District -Extra Territorial Jurisdiction of La Porte. Transportation -The project is located near State Highway 225 and Battleground Road, a primary arterial and major truck route. As a result, this project provides more than adequate accessibility for circulation of traffic. All the traffic entering/existing will be through Porter Road. There should be very limited impact on traffic flow within the vicinity, even after full implementation of the proposed project. In addition, the traf~'ic shall not be directed south of Underwood Road. Topography -This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage -Public facilities and services are sufficient to handle the supply of potable water, but require upgrading for fire protection in the area. In addition, provisions will have to be made to ensure that sufficient utility extensions are provided to serve this development. Storm water drainage will be managed by an on-site detention to mitigate any adverse impacts associated with this proposed development. Conclusion/ Recommendations: Staff feels that this project has merit and will have a significant impact to economic development within the City of La Porte. Based on the above analysis, staff recommends approval of the plan and the Special Conditional Use Permit with the following conditions: Land Use: • Land uses will be strictly commercial/industrial in nature. A further refinement of industrial activity shall be approved by the City. • Detention reserve shall be restricted for drainage purposes only. Any modification or change of use shall be subject to the City approval. • Zoning permit shall be required from the City for proposed use/activity at site. • • Underwood Business Park Reserves B &H 11/17/05 P&Z Meeting Page 3 of 4 Streets: All internal streets shall be constructed to the City's standards and remain private streets. A note shall be added on the plans. Verify internal street connectivity and specify right-of--ways. The participation in an improvement of Old Underwood Road shall be required by the developer. Provide on-site improvements and loading /unloading ramps bays that adequately handle the volume associated with the scale of the warehousing and distribution facility. Truck Circulation: • The applicant shall ensure that the truck circulation does not cause congestion on the streets, and proper signage shall be installed to control vehicles turning southbound on Underwood Road. • Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the development site plans. • A rail access, spur design, and UPRR approval shall be required prior to the issuance of building permit. Landscaping/Screening: • Ensure that at least 30 percent of the property consists of landscaping. • Landscaping calculations shall be added to the site plans. • Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs to remain as natural buffer. Provisions of the Tree Preservation and Tree Replacement per Section 106-801 and 106-802 shall be applicable. • Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. • Development abutting residential district to the south shall be screened and landscaped in compliance with required screening and landscaping provisions of the Zoning Ordinance of the City. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Utilities/Detention: Submit construction drawings and/or plan profile for proposed on and off-site utilities with capacities. The tie-in of sanitary sewer and/or dedication of easement to the City for sanitary sewer extension or lift station shall be indicated on the plans. Underwood Business Park Reserves B &H 11/17/05 P&Z Meeting Page 4 of 4 r~ • • A statement from the owner/developer specifying clear responsibility for maintenance of detention basin system including channel/ditch shall be noted on the plans. Fire: • The building shall be sprinklered in accordance to NFPA. • The pressure test of the sprinkler system shall be witnessed by a representative of the City's Fire Marshal office. • A final flow/drain test shall be witnessed by a representative of the Fire Marshal's office. • Contact the Fire Marshal office 24 hours in advance to schedule the pressure and the final flow/drain test. • The sprinkler system shall be monitored off-site. • Fire extinguishers shall be installed according to NFPA requirements and/or every 75 foot of travel. • Smoke and/or heat venting shall be provided by engineering means and in accordance to NFPA 204:7.1. General: • This SCUP outlines, in general terms, the proposed development in a Planned Unit Development (PUD) zoning district. The developer recognizes and understands that any future construction or development of private or public improvements anticipated by this SCUP and the Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. • Said submittals for this phase development shall be in accordance with this SCUP, the approved plans, policies and code of ordinances of the City of La Porte. • The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are: • Recommend to Council approval of this SCUP with additional conditions. • Recommend to Council denial of this SCUP. • Continue the public hearing at the Commission's next regular meeting to allow additional testimony and further study of this item. This results in tabling any action on this item. ~ • City of La Porte Special Conditional Use Permit # SCU 05-007 This permit is issued to: Clay Development & Construction, Inc. Owner or Agent 800 Lessner, Suite 850, Houston TX 77024 Address For Development of: Underwood Business Park (Packwell, 900K) Development Name Old Underwood Road and Porter Road Address Legal Description: 65 acre tract out of 207 acres of land in the Enoch Brinson Survev, Abstract 5, La Porte, Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Warehousing and distribution facility Permit Conditions: Land Use: • Land uses will be strictly commercial/industrial in nature. A further refinement of industrial activity shall be approved by the City. • Detention reserve shall be restricted for drainage purposes only. Any modification or change of use shall be subject to the City approval. • Zoning permit shall be required from the City for proposed use/activity at site. Streets: All internal streets shall be constructed to the City's standards and remain private streets. A note shall be added on the plans. Verify internal street connectivity and specify right-of-ways. The participation in improvement of Old Underwood Road shall be required by the developer. Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this scale of the warehousing and distribution facility. Truck Circulation: The applicant shall ensure that the truck circulation will not cause congestion on the streets and proper signage shall be installed to control vehicles turning southbound on Underwood Road. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the development site plans. A rail access, spur design, and UPRR approval shall be required prior to the issuance of building permit. 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Commission's Action Request B. Aerial Map C. Staff Report D. Draft SCUP E. Amended General Plan Provide an irrigation system to ensure that all lar~aping and screening is properly maintained by the owner/developer. Development abutting residential district to the south shall be screened and landscaped in compliance with required screening and landscaping provisions of the zoning ordinance of the City. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Utilities/Detention: Submit construction drawings and/or profile for on & off-site utilities with capacities. The tie-in of sanitary sewer and/or dedication of easement to the City for sanitary sewer extension or lift station shall be indicated on the plans. A statement from the owner/developer specifying clear responsibility for maintenance of detention basin system including channel/ditch shall be noted on the plans. Fire: • The building shall be sprinklered in accordance to NFPA. • The pressure test of the sprinkler system shall be witnessed by a representative of the City's Fire Marshal office. • A final flow/drain test shall be witnessed by a representative of the Fire Marshal's office. • Contact the Fire Marshal office 24 hours in advance to schedule the pressure and the final flow/drain test. • The sprinkler system shall be monitored off-site. • Fire extinguishers shall be installed according to NFPA requirements and/or every 75 foot of travel. • Smoke and/or heat venting shall be provided by engineering means and in accordance to NFPA 204:7.1. General: This SCUP outlines in general terms the proposed development in a Planned Unit Development (PUD) zoning district. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. Said submittals for this phase development shall be in accordance with this SCUP, the approved plans, policies and code of ordinances of the City of La Porte. 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 Special Conditional Use Perm•SCU05-008 • Planning and Zoning Commission November 17, 2005 Location of Pro osed Develo ment 1200 Block of McCabe Road Legal Description TRS 8, 8A, SF-l, 49, 49A, & 9B; W. P. Harris Surve , A-30. A licant Robert Burchfield Present Zonin Planned Unit Develo ment PUD Project Name Preserve at Taylor Bayou Acreage 28.508 acres, 78.652 acres (nature preserve) Surrounding Zoning North Ptanned Unit Development (PUD) East Low Density Residential (R-1) South Low Density Residential (R-1) West Planned Unit Develo ment PUD Land Use Ma Residential Activity Proposed Single-Family, Multi-Family Residential, Townhomes, CommerciaURetail and Nature Preserve Summary: • This project has an approved General Plan and Special Conditional Use Permit #SCU05-004. • The current submittal is an amended General Plan along with a Special Conditional Use Permit. • The subject property is located at the southeast corner of McCabe Road at SH 146 near Taylor Bayou. • The proposed development will consist of 28.508 acres of land out of 107 acres tract located south of McCabe Road and the easterly right-of--way line of State Highway 146. • The developer is proposing single-family detached, small single-family (Patio Homes), multi-family, townhome, and commercial/retail at this site. • The plan also shows two points of entrance/exit along McCabe Road. • The current plan still intends to dedicate a 78.652 acre nature preserve shown as Section VIII (74.80 ac) and 3.852 acres included with Section V. This dedication will be performed by a separate instrument. • Harris County has expressed an interest in the Preserve dedication. • The permit from the Army Corps. of Engineers (ACOE) is expiring in December 2005. Renewal of the permit would be required. • The sanitary sewer infrastructure is not available for this development. It is anticipated that the proposed development will connected to the new trunk main going north for sanitary sewer through the Lakes at Fairmont Green. The developer needs to coordinate with the north side development and the City for this venture. • Detention reserve acreage is reduced due to the change in developable area. Consideration is being given to upstream improvements. • The Environmental Assessment and Traffic Impact Analysis studies have been completed for the said project. Recommendation: Based on the above analysis, staff believes there a are few outstanding issues yet to be resolved. Staff will continue to conduct further coordination in the area of utility planning and the Preserve dedication. Staff recommends approval of the amended General Plan and Special Conditional Use Permit 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 78.652 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 the 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. Special Conditional Use Perms #SCU05-008 • Planning and Zoning Commission November 17, 2005 7. The applicant must secure a maintenance bond according to the City's multi-family provisions, 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. 8. The owner/applicant must construct a lift station, if applicable, and dedicate an easement to the City at Taylor Bayou and McCabe for the lift station. 9. The owner/applicant must contribute 31.2% as proportionate cost for the construction of a trunk main, the portion of the lift station to be built north and the portion of the off-site lift station if needed to handle both north and south developments. 10. The applicant must provide proof of funding allocation. 11. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. 12. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the building permit. 13. The proposed complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 14. Utility Plans must be approved by the 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. Options available to the Commission are: • Recommend to Council approval of this SCUP#OS-008(amending #SCU05-004). • Recommend to Council approval of this SCUP with additional conditions. • Recommend to Council denial of this SCUP. OR Continue discussion at the Commission's next regular meeting to allow further study of this item. This results in tabling any action on this item. X11 • Staff Report Preserve at Taylor Bayou November 17, 2005 Amended General Plan & Special Conditional Use Permit #SCU05-008 Request: Approval of an amended General Plan and a Special Conditional Use Permit. This request is an amendment to the existing SCUP#OS-004 and General Plan approved for this site. Requested Bv: Mr. Robert Burchfield, Burchfield Development, L.P. Requested For: 28.508 acres of land out of 107.16-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located in the 1200 Block of McCabe Road. Present Zoning: Planned Unit Development (PUD) Requested Use: Single-Family detached, Small single-family (Patio Homes), Multi-Family Residential, Townhomes, and Commercial/Retail. Background: This property is located at the southeast corner of SH 146 and McCabe Road. It is bounded on the east by Shady River Subdivision and on the south by Shoreacres. Several years ago, the Commission and Council approved a General Plan and Special Conditional Use Permit for this location. In 2001, a one year extension was granted; however, no construction occurred and the permit expired in November 2002. The Commission, at their April 17, 2004, meeting, recommended denial of a new application based upon issues including excessive density of 418 units, lack of information concerning the Preserve, fmancing and outstanding Army Corps of Engineer documentation. Chapter 106, Code of Ordinances, allows a maximum cap of 180 units within apartment complexes. City Council subsequently disapproved the request. Then, the developer filed a new General Plan and Special Conditional Use Permit #SCU04-013. The Planning and Zoning Commission considered the plan, which includes the following: • 180 Multi-Family units and 150 Townhome units on 28.43 acres • 1 lot, Neighborhood Commercial on 1.35 acres • ~ 1 lot, Private Park on 2.25 acres • 1 lot, Nature Preserve on 75.16 acres. • The apartment density is 13.85 units per acre (14 allowed). • A townhome density of 9.72 per acre (10 allowed per Chapter 106). The Commission recommended approval of the above General Plan and Special Conditional Use Permit. City Council, at the October 11, 2004 meeting, approved the General Plan and Special Conditional Use Permit #SCU04-013. ~~ Preserve at Taylor Bayou Amended GP & SCUP November 17, 2005 Page 2 of 5 The developer submitted another General Plan with a new concept. The features of the plan were as follows: • Single-Family Residential - 20 lots, 4.17 acres (4.8 du/a allowed) • Single-Family (Patio Homes) - 76 lots, 12.67 acres (61ots/acre allowed) • Townhomes -12 units, 1.20 acre (10 units/acre allowed) • Multi-Family - 180 units, 12.86 acres (14 units/acre allowed) • CommerciaUFlex Bldgs. - 4 (zoned Neighborhood Commercial) • Preserve - 74.80 ac. (provided), 78.652 ac. (required) At the March 17, 2005 meeting, the Commission recommended approval of the above General Plan and Special Conditional Use Permit. City Council, at their April 25, 2005 meeting, approved the General Plan and Special Conditional Use Permit #SCU05-004. The Planning and Zoning Commission, at the September 15, 2005 meeting, considered the preliminary plat for proposed development consisting of 32 acres, and approved it with conditions. The plan had some deviations from the approved general plan mentioned above. The preliminary plat shows the following: • Single-Family detached - 341ots, 7.08 acres (4.8 du/a allowed) • Single-Family small Lot - 441ots, 7.34 acres (61ots/acre allowed) • Townhouses - 8 units, 0.80 acre (10 units/acre allowed) • Multi-Family -180 units, 12.86 acres (14 units/acre allowed) • Commercial -1.29 acre (zoned Neighborhood Commercial The Preliminary Plat had approximately 32 acres of proposed development. As this General Plan for 28+ acres is being requested as an amendment, the entire project is open for reconsideration. The changes to the above plan are as follows: • Single-Family detached -141ots, 4.879 acres (4.8 du/a allowed) • Small Single-Family (Patio Homes) - 441ots, 9.8 acres (6 du/a allowed) • Townhomes - 8 units, 0.80 acre (10 units/acre allowed) • Multi-Family -180 units, 12.905 acres (14 units/acre allowed) • Commercial/Retail -1.344 acres (zoned Neighborhood Commercial) • Nature Preserve - 74.80 ac. (provided), 78.652 ac. (required by ACOE) Since the project has deviations from an earlier approved general plan, it requires an amended General Plan (for the entire proposed development) and a Special Conditional Use Permit (SCUP) be submitted and processed simultaneously. Upon approval of the amended General Plan and SCUP by City Council, the applicant would be authorized to proceed with the platting and development plans for the development site. Preserve at Taylor Bayou • • Amended GP & SCUP November 17, 2005 Page 3 of 5 Analysis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a PUD zoning district: • Uses -Review of the City's Land Use Plan indicates this 107-acre area was envisioned as developing as low density residential with a small corner for commercial uses. However, this proposed development is not considered to be low-density residential. In addition, the required 78.652 acres of Nature Preserve would serve as a buffer between this proposed development and surrounding properties. • Streets -The proposed development is located at the corner of SH 146 and McCabe Road. The developer is proposing two points of entrance/exit off McCabe Road. The first common access drive serves an entire development and Nature Preserve. The second access drive off McCabe Road will serve the multi-family and commerciaUretail sections of the proposed development. Traffic Analysis: The applicant submitted a traffic analysis study report. The report previously had taken into account an entire development for a build-out in 2007. It also included the commercial strip center and Nature Preserve as an estimate, with no other detail of their nature. The study mentions the future TxDOT Highway 146 improvements, but does not discuss their possible impact on the study or development. The study gives a cursory mention of other developments but generalizes a 5% annual growth and takes that factor into account in the estimates for the survey. That rate is average for the HGAC region, although local estimates can be much higher. The growth, according to the study, will not have a significant impact on the development or the traffic flow in relation to level-of-service ratings because of the limited access between McCabe Road and SH 146 now and in the future. With Level-Of-Service (LOS) A being the best, LOS D being acceptable and LOS F being severely congested service, the study cites that the development, given the parameters stated above, will rate no worse than LOS B and concludes no adverse impact for this development. • Topography -This area is relatively flat and stable and should not be an obstacle to this type of development. The site for this development does, however, split Flood Zone X to the west and a Flood Zone AE to the East. Preserve at Taylor Bayou • • Amended GP & SCUP November 17, 2005 Page 4 of 5 Density -Staff utilized the Land Use Plan as a guide with the designated land use as Low Density Residential. There are 14 small single-family detached lots proposed for 4.879 acres with a development ratio of 4.8 units per acre. Single-family Patio Homes will consist of 44 lots on 9.8 acres equal to 4.481ots per acre. Eight townhomes on 0.80 acre come out to be 10 units per acre. 180-unit multi-family residential development yields 12.86 acres with a density allowed by ordinance 14 units per acre (Section 106-333). Utilities -There are sufficient water distribution facilities along McCabe Road to supply potable water and fire protection to this proposed project. Provisions will have to be made to ensure that sufficient utility extensions are prepared to serve this development. Sanitary sewer service is not readily available to this site, and must be coordinated with the development to the north and the City of La Porte. The City prepared along-term sanitary sewer master plan for providing sewer service to areas of southeast La Porte. The master plan calls for the elimination of Lift Station #12 and for a new lift station to be constructed near the corner of intersection of A104(Taylor Bayou) and McCabe Road. Utility plans must be coordinated with the City Staff and approved by the City prior to submittal of the Final Plat. The project engineer expressed her intention of taking the sanitary sewer flow north through the Lakes at Fairmont Greens, a proposed subdivision off SH 146. Based upon the preliminary studies, the Preserve at Taylor Bayou, if hooked up to the new trunk main going north for sanitary sewer would represent 31.2% of the total anticipated capacity. Coordination and contribution shall be required for the system upgrade to handle both developments; each developer being expected to share the prorated cost of construction. In addition, the City has added this project to the Capital Improvement Plan (CIP) for year 2005-2006. The plan and profile shall be submitted to the City for approval prior platting of the subdivision. • Drainage -This property lies within the Taylor Bayou Watershed. The City has a master drainage plan for the Taylor Bayou Watershed, which calls for regional detention for this area. Efforts should be made to work with the developer north of McCabe Road to promote upstream detention for this development. The channel improvements to Taylor Bayou are not designed to directly receive storm water runoff from this project. The General Plan, therefore, shows that storm water will be detained using a basin system in each phase to regulate run-off. Outfalls have to be determined and coordinated with the Army Corps of Engineers and the Harris County Preserve at Taylor Bayou ~ • Amended GP & SCUP November 17, 2005 Page 5 of 5 Flood Control District. The copies of the permits must be presented to the City. • Nature Preserve -The applicant is willing, and the Army Corps of Engineer permit states that the dedication of approximately 78.652 acre nature preserve is to be made to the County/City. The issues in the process of being resolved. The City of La Porte remains a party to facilitate any dedication to the Harris County or other agency. These issues may be coordinated and approved in a separate dedication instrument prior to the Final Plat. • Army Corps of Engineer Issues: - US Army Corps of Engineers (USACOE) issued a permit on Feb 14, 2000, to fill 9.6 acres of wetlands to construct an apartment complex. This area must be shown on the plan. - According the applicant, this Individual Permit (IP) is valid until December, 2005. The applicant is required to provide the City with a renewal letter from the US Army Corps of Engineers. - This permit is for a single and complete project that would include all minor deviations mandated by the City. - USACOE agreed with the NAI environmental assessment that the lift station could be moved slightly west. The plans would be coordinated with the City Engineering staff. Staff reviewed the plan and found it to be in compliance with the development ordinance. Staff recommends approval of the amended General Plan and Special Conditional Use Permit with conditions as listed in the Special Conditional Use Permit attached herewith. Options available to the Commission are: • Recommend to Council approval of #SCU05-008 (Amending SCUP#OS-004). • Recommend to Council approval of #SCU05-008 with additional conditions. • Recommend to Council denial of this SCUP. OR Continue discussion at the Commission's next meeting to allow further study of item. This results in tabling any action on this item. • • City of La Porte Special Conditional Use Permit #SCU 05-008(Amending #SCU05-004) This permit is issued to: Robert Burchfield Owner or Agent 2123 W. Governor's Circle #400 Houston, TX 77092 Address For Development of: The Preserve at Taylor Bayou Development Name 1200 Block of McCabe Rd. ~ SH 146, La Porte, TX Address Legal Description: 28.508 acre tract out of 107 acre tract of land, W.P. Harris Survev Abstract-30, La Porte, Harris County, Texas Zoning: Planned Unit Development (PUD) & NC Use: Sinale-family detached, small single-family (patio homes), multi-family (apartments),Townhomes, Commercial/Retail & Nature Preserve. Permit 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/developershsll be responsible for the maintenance of the 78.652 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 this project. 7. The applicant must secure a maintenance bond according to the City's multi-family provisions, 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 for the lifetime of the project. 8. The owner/applicant must construct a lift station, if applicable, and dedicate an easement to the City at Taylor Bayou and McCabe for the lift station. 9. The owner/applicant must contribute 31.2% as proportionate cost for the construction of a trunk main, the portion of the lift station to be built north of the site and the portion of the off-site lift station if needed to handle both north and south developments. 10. The applicant must provide proof of funding allocation. 11. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. 12. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the building permit. 13. The proposed complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 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. I~~' ~ 18. The Developer shalftomply with all other applicable laws and o~ances 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 m _~ ~o o~ ~~ jm ny ,m x -+ i ----r,". ,~. 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