HomeMy WebLinkAbout11-17-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
MINUTES OF NOVEMBER 17, 2005
Members Present: Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb, Jr., Paul Berner
Les Bird (Alt. 2)
Members Absent: Pat Muston, Claude Meharg, Hal Lawler (Alt. 1)
City Staff Present: Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City
Attorney, Clark Askins; and Planning and Zoning Secretary, Traci Koenig
1. CALL TO ORDER
Meeting called to order by Vice -Chairperson Kaminski at 6:03 p.m.
2. APPROVE MINUTES OF THE OCTOBER 20, 2005 REGULAR MEETING
Motion by Nick Barrera to approve the Minutes of October 20, 2005. Second by Paul Berner.
The motion carried.
Ayes: Kaminski, Barerra, Finch, Linscomb, Berner, Bird.
Nays: None
Abstain: None
3. ADMINISTER OATH OF OFFICE TO REAPPOINTED MEMBERS, DORETTA FINCH, CLAUDE
MEHARG, AND LEST BIRD (ALTERNATE).
Commissioners Doretta Finch and Les Bird received the Oath of Office simultaneously, as read
by Assistant City Attorney, Clark Askins.
4. CONSIDER PRELIMINARY PLAT FOR PHASE II OF UNDERWOOD BUSINESS PARK TO BE
LOCATED ALONG OLD UNDERWOOD ROAD AT STATE HIGHWAY 225.
Staff report was given by Masood Malik, City Planner. The applicant, Clay Development, is
requesting approval of a preliminary plat for approximately 88.459 acres of 207 acres of land out
of the Enoch Brinson Survey, Abstract No. 5, La Porte, Harris County, Texas. Staff recommends
approval of the preliminary plat, with conditions as listed in the staff report.
Mr. Malik responded to questions from the Commission.
Motion by Paul Berner to approve the preliminary plat, with the conditions as follows:
• 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 Union Pacific Railroad approval shall be
required.
• Detention will be the sole responsibility of the owner/developer.
• Submit a copy of the business park covenants and restrictions to the City.
Second by Kirby Linscomb, Jr. The motion carried.
Ayes: Kaminski, Barerra, Finch, Linscomb, Berner, Bird.
Nays: None
Abstain: None
Planning and Zoning Comm&n is
Minutes of November 17, 2005
Page 2
5. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT REGARDING SPECIAL
CONDITIONAL USE PERMIT #SCU 05-007 FOR A 65± ACRE TRACT OUT OF 207 ACRES
OF LAND LOCATED SOUTH OF STATE HIGHWAY 225 ALONG OLD UNDERWOOD ROAD,
IN THE ENOCH BRINSON SURVEY, ABSTRACT 5, AL PORTE, HARRIS COUNTY, TEXAS,
AS REQUESTED BY CLAY DEVELOPMENT AND CONSTRUCTION, INC., FOR
DEVELOPMENT OF OFFICE/ WAREHOUSE AND DISTRIBUTION FACILITIES IN THE
UNDERWOOD BUSINESS PARK.
A. STAFF PRESENTATION
Staff report was given by Masood Malik, City Planner. The applicant, Clay Development,
is requesting approval of SCU# 05-007 in order to develop a warehousing and
distribution center in the business park along Old Underwood Road. There are two
proposed developments, including 'Packwell,' a 432,870 sq. ft. office/warehouse facility,
and 'Underwood Distribution Center' to be used primarily as a bulk distribution
warehouse.
A recent aerial, not included in the packet, was shown at the meeting to display the
current layout of the facility.
Mr. Malik responded to questions from the Commission.
B. PROPONENTS
There were none.
C. OPPONENTS
There were none.
6. CLOSE PUBLIC HEARING
Vice -Chairperson Kaminski closed the Public Hearing at 6:20 pm.
7. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL
USE PERMIT #SCU 05-007 FOR A 65± ACRE TRACT OUT OF 207 ACRES OF LAND
LOCATED SOUTH OF STATE HIGHWAY 225 ALONG OLD UNDERWOOD ROAD, IN THE
ENOCH BRINSON SURVEY, ABSTRACT 5, LA PORTE, HARRIS COUNTY, TEXAS.
Motion was made by Nick Barrera to approve #SCU 05-007 with the following conditions:
• 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.
• 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.
0
Planning and Zoning Commission •
Minutes of November 17, 2005
Page 3
• 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.
• Ensure that at least six percent of the property consists of landscaping and/or screening.
Landscaping calculations shall be added to the site plans.
• Provide 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.
• 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.
• 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.
Second by Doretta Finch.
Ayes: Kaminski, Barerra, Finch, Linscomb, Berner, Bird.
Nays: None
Abstain: None
8. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT REGARDING SPECIAL
CONDITIONAL USE PERMIT #SCU 05-008 (AMENDING #SCU 05-004) AND AMENDED
GENERAL PLAN FOR 28.48 ACRES OF LAND LOCATED IN THE 1200 BLOCK OF MCCABE
ROAD AND STATE HIGHWAY 146, FURTHER DESCRIBED AS 107± ACRE TRACT IN THE
W.P. HARRIS SURVEY, ABSTRACT 30; LA PORTE, HARRIS COUNTY, TEXAS, AS
REQUESTED BY BURCHFIELD DEVELOPMENT, L.P., PROPOSED FOR THE PRESERVE AT
TAYLOR BAYOU WITHIN A PLANNED UNIT DEVELOPMENT (PUD) ZONE.
A. STAFF PRESENTATION
The staff report was given by Wayne Sabo, Director of Planning. This project has an
approved General Plan and Special Conditional Use Permit. The applicant, Robert
Burchfield, is currently requesting approval of an amended general plan, and Special
Planning and Zoning Commi ion •
Minutes of November 17, 2005
Page 4
Conditional Use Permit for 28.508 acres of land out of 107 acre tract of McCabe Road at
State Highway 146 near Taylor Bayou. There are currently some outstanding issues with
the General Plan, such as the drainage, but this should not deter conditional approval by
the Commission with conditions as listed in the Staff Report and Special Conditional Use
Permit.
B. PROPONENTS
The applicant, Mr. Robert Burchfield, addressed the Commission to explain the parking
access of the proposed town homes and nature preserve. Mr. Burchfield also noted that
the City's staff has been very helpful throughout the approval process.
Debbie Mason, Project Engineer, informed the Commission of her intent to present a
Final Plat at the next Planning and Zoning Commission meeting date, December 15,
2005.
C. OPPONENTS
There were none.
Mr. Sabo responded to questions of the Commission.
9. CLOSE PUBLIC HEARING
Vice -Chairman Kaminski closed the Public Hearing at 6:43 pm.
10. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL
USE PERMIT #SCU 05-008 (AMENDING #SCU 05-004) AND AMENDED GENERAL PLAN
FOR 28..48 ACRES OF LAND LOCATED IN THE 1200 BLOCK OF MCCABE ROAD AND
STATE HIGHWAY 146, FURTHER DESCRIBED AS A 107 ± ACRE TRACT IN THE W.P.
HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS.
Motion was made by Kirby Linscomb, Jr. to approve General Plan and #SCU 05-008 with
conditions as follows:
• An overall density of the multi -family (apartments) and townhomes shall not exceed 14
and 10 dwelling units per acre respectively.
• 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.
• 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.
• Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
• 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.
• 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.
• 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.
Planning and Zoning Commission 40
Minutes of November 17, 2005
Page 5
• 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.
• 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.
• The applicant must provide proof of funding allocation.
• The applicant must provide a covenant that the multi -family portion of the project remains
on the City's tax rolls.
• A letter from Army Corps of Engineers for approval of the lift station must be submitted
prior to the building permit.
• The proposed complex must provide an area designated for accommodation of school
buses, pick up/drop off sites as per LPISD's design standards.
• Utility Plan must be approved by City Staff.
• Proposed sidewalks must be annotated on the General Plan.
• All utilities should be planned for underground routing.
• The applicant must provide a covenant for maintenance of common areas.
• The Developer shall comply with all other applicable laws and ordinances of the City of
La Porte and the State of Texas.
Second by Les Bird.
Ayes: Kaminski, Barerra, Finch, Linscomb, Berner, Bird.
Nays: None
Abstain: None
11. ADMINISTRATIVE REPORTS
• The Comprehensive Plan will not be brought to Planning and Zoning Commission in
December, as formerly planned, due to additional changes made by the Comprehensive
Plan Review Committee.
• Canada Rd. walk-through took place November 17, 2005. Canada Rd. will be open
soon.
• Fire Station #2 will be ready in January, and Fire Station #3 will be bid in January.
• Russell Plank now owns the entire tract of land at Texas Import Export Park.
12. COMMISSION COMMENTS
There were none.
Planning and Zoning Com on
Minutes of December 15, 2005
Page 6
14. ADJOURN
The meeting adjourned at 6:50 pm.
Submitted by,
IV, ao, I
Traci Koeni
Secretary, Planning and Zoning Commission
Approved on this ���day of , 2005.
Pat Mus n
Chairperson, Planning and Zoning Commission
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Oath of Office
OATH OF
OFFICE
I, Claude Mehar , 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 52005
Notary Public in and for the
State of Texas
•
•
In the name and by the authority of
The State of Texas
OATH OF OFFICE
I, Claude Meharq, do solemnly swear (or affirm), that I will faithfully execute the
duties of the office of Planning and Zoning Commission of the 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, so help me God.
Affiant
SWORN TO and subscribed before me by affiant on this day of
Signature of Person Administering Oath
(Seal)
Printed Name
Title
See Reverse Side
for Instructions
Revised August 1999
Form #2204
•
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Underwood Business Park
(Phase II)
"Packwell" & Distribution Center"
Exhibits
A. Staff Report
B. Aerial Map
C. Site Plan
Staff Report Underwood Business Park (Phase II) December 15, 2005
Request: Approval of Major Development Site Plans for "Packwell" and "Underwood
Distribution Center" — Underwood Business Park (Phase II)
Requested By: Clay Development and Construction, Inc.
Location: Old Underwood Road and State Highway 225
Present Zoning: Planned Unit Development (PUD)
Requested Use: Office/Warehouse and Distribution Center
Requested For: A tract or parcel of land containing 65 acres of land in the Enoch Brinson
Survey, Abstract 5, described as parcel 1 under the Harris County Clerk's File
No. M032856, LaPorte, Harris County, Texas.
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 subject 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. Main access to the proposed development will be
a 60' ingress/egress and utility easement along Porter Road.
The Planning and Zoning Commission, during their November 17, 2005,
considered the preliminary plat and held public hearing to receive citizen's
comments on Special Conditional Use Permit Request #SCU 05-007. The
commission recommended approval to City Council.
The City Council at its December 12, 2005 meeting, considered Ordinance
1501-V4, with conditions as listed in the SCUP.
Approval by City Council of Ordinance 1501-V4 authorizes the applicant to
submit Major Development Site Plans for the Planning and Zoning
Commission's consideration & approval.
Analysis: Under the terms of Development Ordinance 1444, the proposed development is
considered a major site development. The Appendix E to the Development
Ordinance prescribes criteria for the preparation of Development Site Plans and
the information which must be submitted therewith. Staff , using the Zoning
Ordinance (Chapter 106) and Comprehensive Plan as a guide, reviewed the
development for the Underwood Business Park (Phase II) and found it to be in
substantial compliance with applicable ordinance requirements.
Underwood Business Park (Phase II) • •
Major Development Site Plan
Page 2 of 2
Underwood Business Park is intended for development with 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.
The first phase of this project was initiated in May 2005 with the development of
Poly One Corporation, an office/warehouse facility that consists of
approximately 131,250 sq.ft
The current request is for Phase II of the business park. 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 to be known as
"Underwood Distribution Center" will be used primarily as a bulk distribution
warehouse, and shall be located on reserve H, with access on Old Underwood
Road to the west and an internal street (Pike Court) to the east.
As a condition of the General Plan & Special Conditional Use Permit approval,
City Council required the applicant to ensure truck circulation will not cause
congestion on the streets and devise measures to control vehicles turning
southbound on Underwood Road. The applicant has provided on -site truck
parking to improve the movement of trucks in and out of the facility, which also
includes an additional street inside the park.
All internal streets shall be constructed to the City's standards and remain
private streets. The buildings shall be sprinklered in accordance with the Fire
Codes. Union Pacific Railroad approval of the four (4) proposed rail spurs and
spur design shall be required prior to issuance of building permit. Staff noted a
statement from the owner/developer specifying responsibility for maintenance
of detention system, which has been designed for 100% of the development.
Recommendation: Staff, using Section 4.09 of Development Ordinance 1444, and the Major
Development Site Plan Checklist as a guide, reviewed the development for the
Underwood Business Park (Phase II) and found it to be in substantial
compliance with applicable ordinance requirements.
Prior to the use or occupancy, a Final Plat for the entire 207-acre tract shall be
submitted for approval by the City before filing with the Harris County Clerk.
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UNDERWOOD BUSMM PARK
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800 GESSNER SURE 850
HOUSTON,TEXAS 77024
PHONE (/13)780*M
FAX (713)70-3755
OVERALL SITE
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Preserve at Taylor Bayou
(Final Plat)
Exhibits
A. Commission's Action Request
B. Aerial Map
C. Staff Report
D. Final Plat
Preserve at Taylor Bayou - A Plat
Planning and Zoning Commission
December 15, 2005
Location of Proposed Development
1200 Block of McCabe Road
Legal Description
TRS 8, 8A, 5F-1, 49, 49A, & 9B; W. P. Harris
Survey, A-30.
Applicant
Robert Burchfield
Present Zoning
Planned Unit Development PUD
Project Name
Preserve at Taylor Bayou
Acreage
15.98 acres (residential), 1.32 acres (comm.)
Surrounding Zoning
North Planned Unit Development (PUD)
East Low Density Residential (R-1)
South Low Density Residential (R-1)
West Planned Unit Development PUD
Land Use Map
Residential
Activity Proposed
Multi-FamilyResidential, Townhomes, and
Commercial/retail
Summary:
• This project has an approved General Plan and SCUP. A Preliminary Plat for this subdivision was approved
during the Commission's September 15, 2005, meeting. The current submittal is a Final Plat for Phase I of
this development consisting of multi -family residential, townhomes, and commercial/retail component of
the Preserve at Taylor Bayou.
• The subject property is located at the southeast corner of McCabe Road at SH 146 near Taylor Bayou.
• The property being platted consists of approx.16 acres out of 107 acres tract located south of McCabe Road
and the easterly right-of-way line of State Highway 146.
• The proposed uses are: multi -family (180 apartments), townhomes (8 buildings), and commercial/retail.
• The plat shows two points of entrance/exit along McCabe Road.
• The applicant has stated that funding for the said project is in place.
• Water distribution facilities are available along south of McCabe Road, but sanitary sewer is not readily
available to the property.
• It is anticipated that the proposed development will be connected to a new trunk main to be constructed
going north through the proposed "Lakes at Fairmont Greens" subdivision for sanitary sewer.
• The Environmental Assessment and Traffic Impact Analysis studies have been completed for the said
project.
Recommendation:
Based on the above analysis, staff believes the project contains potential. The developer of the Preserve at
Taylor Bayou and the developers of the proposed "Lakes at Fairmont Greens" subdivision will need to
coordinate with one another in the area of utility planning. A positive step needs to be taken for the preserve
dedication. Staff has reviewed the final plat and submitted comments to the developer/Engineer. Some
outstanding issues remain, and should the Commission wish to approve the Final Plat in its present format,
Staff suggests the following conditions:
• The Final Plat and Construction drawings shall indicate all infrastructure and site drainage improvements
to ensure adequate capacity and proper site drainage.
• The developer shall be responsible for installation of sidewalks along both sides of all right-of-ways within
the complex, as well as the east and west sides along McCabe Road towards the end of the subdivision
line.
• According to the City's multi -family provisions, the developer must secure a maintenance bond or seek
an approved alternative showing evidence of bonding insurance. If neither of the above options is
exercised, the developer must participate in a "reserve fund mechanism," which establishes an account
for the sole purpose of maintenance to the apartment project. This fund shall exist for the lifetime of
the project.
• Detention pond ownership and maintenance thereof by the Homeowner's Association shall be stated
on the Final Plat.
Preserve at Taylor Bayou — *Plat •
Planning and Zoning Commission
December 15, 2005
• Detention pond approval by Harris County and the Army Corps of Engineers must be provided to the
City.
• The Nature Preserve dedication instrument, ownership, and responsibility for its maintenance must be
established and noted on the plat.
• Coordinate with the developer to the north for the construction of a trunk main, the portion of the lift
station to be built north of the site, and other improvements that need to be upgraded in order to handle
both north and south developments.
• Covenants, conditions and restrictions shall be filed with Harris County along with the Final Plat.
• Payment shall be made to the City for parkland dedication.
Options available to the Commission are as follows:
• Approve the Final Plat as filed. This will authorize the developer to begin construction of subdivision
improvements within one year.
• Disapprove the Final Plat and supporting documents as filed. This will require the developer to file a new
Final Plat with the required documents.
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Staff Report Preserve at Taylor Bayou December 15, 2005
Final Plat
Requested Action: Consideration of Final Plat for proposed Apartments and Commercial/Retail
Requested By: Robert Burchfield, Burchfield Development, L.P.
Requested For: A 15.98 acre tract out of a 107.19-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) 16 acres & (NC) 1.32 ac.
Requested Use: Residential Subdivision (Multi -Family Dwellings)
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 the City of Shoreacres. An Amended General Plan and Special
Conditional Use Permit (SCUP) #SCU05-008 have been approved for this
development, and the applicant is authorized to proceed with the platting and
development plans for the site.
The subject tract is approximately 16 acres located in the W. P. Harris
Survey, A-30, Harris County, Texas. The property is zoned Planned Unit
Development (PUD) and multi -family residential (apartment complex) is a
permitted use in this zoning district.
As proposed, the project encompasses 12.86 acres, and is comprised of 23
buildings with 180 units, which equals 14 units per acre. Zoning regulations
allow up to 14 units per acre. The required front yard setback is 25', and the
rear and side yard setbacks are 20' respectively. A 160' wide
landscape/buffer and/or future preserve is along State Highway 146 adjacent
to this development. A storm water detention area has been designated to the
southeast of the proposed development. As required by the City Ordinance,
the proposed multi -family development contains a minimum of two points of
entry for ingress and egress of vehicular traffic from the adjacent public
rights -of way (McCabe Road).
Analysis: Section 4.03 and Appendix D of the City's Development Ordinance establish
review criteria for major subdivisions. Staff also used criteria in the City's
Zoning Ordinance and Comprehensive Plan to review this project.
Preserve at Taylor Bayou — FinPlat •
12/15HO5 — P & Z Meeting
Page 2 of 4
• Land Use — 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. The significant portion of this
proposed development is considered low -density residential. A 78.652
acre tract will be dedicated as a nature preserve or conservation
easement, serving as a buffer between the proposed development and
surrounding properties.
• Multi -Family Regulations — As required by multi -family regulations
adopted by the City on October 14, 2002, the multi -family development
is located at least 1,000 ft. from other multi -family residential
developments of 20 or more units. In addition, the proposed development
does not exceed 180 dwelling units, the limit established by City
Ordinance.
• Transportation/Interior Circulation — The developer is proposing two
points of entrance/exit off McCabe Road. These common access drives
will serve the entire development and Nature Preserve. The complex will
have primary access on McCabe Road (I00'ROW), which may
accommodate the traffic generated by this development. A traffic
analysis study was submitted for this development, including the nature
preserve and commercial tract.
• Sidewalks — As per Section 5.02 of the Development Ordinance, the
Commission required pedestrian sidewalks. The developer shall be
responsible for construction and installation of sidewalks within the
complex. In addition, the developer shall construct sidewalks along
McCabe Road right-of-way up to the end of the subdivision line near SH
146.
• Trail Master Plan — This project does not affect the implementation
plan.
• Parks and Recreation — Section 12.0 of the City's Development
Ordinance requires the developer to provide on -site open space and
recreational space or to remit fees in lieu of parkland to the City. Per the
Ordinance, an area of land dedicated to the City for parkland purposes
shall equal one acre for each 160 proposed single-family dwelling units.
Therefore, a monetary fee in lieu of parkland would be required at or
prior to the time of final plat approval.
• Utilities — There are sufficient water distribution facilities along McCabe
Road to supply potable water and fire protection to the proposed project.
Provisions need to be made to ensure that sufficient utility extensions are
constructed to serve this development. Sanitary sewer service is not
readily available to this site, and must be coordinated with the
development to the north, "Lakes at Fairmont Greens." The design and
construction of all water and sewer systems shall be in conformance with
the City's approved Public Improvement Criteria Manual (PICM).
Preserve at Taylor Bayou - Fin*lat .
12/15HO5 - P & Z Meeting
Page 3 of 4
• Drainage - The proposed subdivision is designed so that all storm
drainage flows directly into the detention pond outfalling to the
adjacent Harris County Flood Control District (HCFCD) facility.
Approval of the drainage plan by the HCFCD and the U.S. Army
Corps. of Engineers (USACOE) shall be required. The pond's size and
capacity shall be reviewed by Staff to ensure that it can adequately
serve the proposed development without burdening the existing
system.
The channel improvements to Taylor Bayou are not designed to directly
receive storm water run-off from this project. It appears that storm water
will be detained using a basin system in the detention pond to regulate
run-off. Outfalls have to be determined and coordinated with the U.S.
Army Corps. of Engineers and the Harris County Flood Control District.
Copies of the permits must be presented to the City prior to issuance of
building permit.
During the Commission's September 15, 2005 meeting, a preliminary
plat was approved for this development, with conditions. Staff has
reviewed the final plat and submitted the following comments:
• Construction drawings shall indicate all infrastructure and site drainage
improvements to ensure adequate capacity and proper site drainage.
• The developer is responsible for installation of sidewalks along both
sides of all right-of-ways within the complex, along east side of Luella
Blvd., and south of Venture Lane towards the end of the subdivision line.
• According to the City's multi -family provisions, the developer must
secure a maintenance bond, or seek an approved alternative showing
evidence of bonding insurance. If neither of the former options is
exercised, the developer must participate in a "reserve fund
mechanism," which establishes an account for the sole purpose of
maintenance to the project. This fund shall exist for the lifetime of the
prof ect.
• Detention pond ownership and maintenance thereof by the Homeowner's
Association shall be stated on the final plat.
Conclusion and
Recommendation: Staff has reviewed the final plat and submitted comments to the
developer/Engineer. Some outstanding issues remain, and should the
Commission wish to approve the Final Plat in its present format, Staff
suggests the following conditions:
• The Final Plat and Construction drawings shall indicate all infrastructure
and site drainage improvements to ensure adequate capacity and proper
site drainage.
Preserve at Taylor Bayou — FinaT Plat
12115HO5 — P & Z Meeting
Page 4 of 4
• The developer shall be responsible for installation of sidewalks along
both sides of all right-of-ways within the complex, as well as the east and
west sides along McCabe Road towards the end of the subdivision line.
• According to the City's multi -family provisions, the developer must
secure a maintenance bond or seek an approved alternative showing
evidence of bonding insurance. If neither of the above options is
exercised, the developer must participate in a "reserve fund
mechanism," which establishes an account for the sole purpose of
maintenance to the apartment project. This fund shall exist for the
lifetime of the project.
• Detention pond ownership and maintenance thereof by the
Homeowner's Association shall be stated on the Final Plat.
• Detention pond approval by Harris County and the Army Corps of
Engineers must be provided to the City.
• The Nature Preserve dedication instrument, ownership, and
responsibility for its maintenance must be established and noted on the
plat.
• Coordinate with the developer to the north for the construction of a
trunk main, the portion of the lift station to be built north of the site,
and other improvements that need to be upgraded in order to handle
both north and south developments.
• Covenants, conditions and restrictions shall be filed with Harris
County along with the Final Plat.
• Payment shall be made to the City for parkland dedication.
Options available to the Commission are as follows:
• Approve the Final Plat as filed. This will authorize the developer to
begin construction of subdivision improvements within one year.
• Disapprove the Final Plat and supporting documents as filed. This will
require the developer to file a new Final Plat with the required
documents.
E
Zone Change Requests
#R05-0069 #R05-007 &#R05-008
Exhibits
A. Commission's Action Request
B. Aerial Map
C. Zoning Map
D. Staff Report
E. Site Plan(SE Section)
F. Public Notice Responses
Zone Change Request
Planning and Zoning Commission
December 15, 2005
Location of Proposed Change
Canada Road at Fairmont Parkway
Legal Description of Proposed Zoning
TRS 712, 713, 710A & 711, W. B. Lawrence
Subdivision, William M. Jones Survey, A-482.
Applicants
Grisham/Tolar, Douglas Tollett, Jack Howard,
W. Floyd, Larry Allen
Present Zoning
Medium Density Residential -2 & NC
Requested Zoning
General Commercial (GC)
Acreage to be Rezoned
Approx. 34 acres
Surrounding Zoning
North Medium Density Residential (R-2)
East Medium Density Residential (R-2)
South Fairmont Parkway
West Medium Density Residential -2
Land Use Map
Mid to High Density Residential
Activity Proposed
Commercial/retail
Summary:
•
The applicants are requesting rezoning of their respective properties
from Medium -Density Residential (R-2) and Neighborhood
Commercial (NC) to General Commercial (GC) for commercial
/retail purposes.
•
The subject properties are located to the east and west of Canada
Road at Fairmont Parkway.
•
A pre-existing and non -conforming warehouse, a mobile home park,
and City's proposed "West Side Park" are in the vicinity of the
subject tracts along Canada Road.
•
Canada Road, a four lane road divided with a 100'ROW, has been
completed.
•
Currently, signalization is underway at the intersection of Canada
and Fairmont Parkway.
•
This roadway shall benefit the movement of traffic from Fairmont
Parkway to State Highway 225 thru East Blvd.
•
Improvement of this thoroughfare has encouraged the applicants to
plan unified commercial developments at this intersection.
•
Infrastructure is designed and constructed to accommodate the
anticipated uses.
•
Fairmont Parkway and Spencer Highway may have adequate
capacity to handle the traffic generated by the proposed
developments.
•
The Big Island Slough on the east and Exxon/Mobil Pipeline
Easement on the west provide adequate buffers and open space to
minimize any adverse effects of commercial activities on adjacent
Recommendation:
residential developments in the area.
• Staff recommends approval of the zone change requests.
Actions required by
the Commission: • Recommend to Council approval of the rezone requests.
• Recommend to Council denial of the rezone requests.
• Table this item for further consideration by the Commission.
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Main street District a EAGLE RUN
Main Street District Overlay J
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Staff Report December 15, 2005
Zone Change Requests #R 05-006, #R05-007 & #R05-008
#R05-006
#R05-007
#R05-008
Requested By
Grisham/Tolar
(Bobby Grisham)
Fairpark, Ltd.
(Douglas Tollett)
Jack Howard, W.
Floyd, Larry Allen
Requested For
TR 712
TR 713
TRS 710A, 711
Acreage
8.6522
8.0280
17.8060
Present Zoning
R-2
R-2
R-2 & NC
Requested Zoning
GC
GC
GC
Background: The subject tracts comprise approximately 34.5 acres of land out of William
M. Jones Survey, Abstract-482, LaPorte, Harris County, Texas. The said
properties are located at the intersection of Canada Road and Fairmont
Parkway. The properties are also in the vicinity of a pre-existing
warehouse/storage facility, manufactured housing, and a single-family
residential subdivision along Canada Road. The adjoining property to the
northwest of Canada Road and adjacent to the Harris County Flood Control
District (HCFCD) facility consists of 33 acres of land intended for use as the
proposed "West Side Park" of the City of LaPorte.
The applicants seek to rezone their respective properties from Medium
Density Residential (R-2) and Neighborhood Commercial (NC) to General
Commercial (GC) for commercial/retail purposes.
Analysis: In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and
Economic Development. The specific issues considered are as follows:
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as mid -to -high density residential, however, some commercial
uses are shown at. the intersection of Canada Road and Fairmont Parkway.
The adjacent properties across the Big Island Slough (13109-00-00) are
single-family residential (Pecan Crossing Subdivision). Other surrounding
existing uses to the north are single-family residential, a manufactured
housing park, and a storage/warehouse facility along Canada Road. An
undeveloped vacant property and the City's proposed "West Side Park" are
also in the vicinity. The Bayport Industrial District of La Porte is to the
south of Fairmont Parkway.
v
Zone Change
P & Z (12/15/05)
Page 2 of 3
The current land use plan designates the area as intended for commercial use,
and the City has been consistent in accommodating General Commercial
(GC) uses along the major roads within the City limits. However, the
following aspects should be considered for granting a rezoning request:
• Ability of infrastructure to support the permitted use.
• Impact on the value and practicality of the surrounding land uses.
• Conformance of a zoning request with the land use plan.
• Character of the surrounding and adjacent areas.
• Suitability of the property for the uses which would be permissible,
considering density, access and circulation.
• The extent to which the proposed use designation would adversely affect
the capacity or safety of that portion of the road.
• The extent to which the proposed use designation would create excessive
air pollution, water pollution, noise pollution, or other environmental
harm to adjacent properties.
• The gain, if any, to the public health, safety, and welfare of the City.
Transportation — The tracts in question will have access along Canada
Road running north and south between Spencer Highway and Fairmont
parkway. The design of Canada Road improvement was completed in 2004.
The rights -of -way for the proposed road improvement were acquired and
the utilities to serve this general area were designed given special
consideration to the pipeline adjustments and power lines relocation.
The bidding and construction of the road and utilities started earlier this
year. The Canada Road improvement project was completed in November,
2005. Traffic signalization work is under progress at this time, and it is
estimated that it will be few weeks to complete this project.
Canada Road, an arterial with a 100' ROW, may accommodate the
additional traffic generated by future developments. In addition, Fairmont
Parkway, a controlled access highway with a 250' R.O.W. may also
accommodate additional traffic generated by this development.
Utilities — Due to the success of the Canada Road improvement project,
infrastructure is in place for the anticipated developments at this
intersection. Storm water drainage will be reviewed carefully with the site
development plan submittal for proposed development.
Economic Development - One of the intentions of the Comprehensive Plan
is to encourage new and sustained investment in the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging in -
fill development within existing infrastructure service areas. Commercial,
retail, and service activities should be clustered throughout the City and be
Zone Change
P & Z (12/15/05)
Page 3 of 3
convenient to residential areas. In addition, commercial activities should be
concentrated in nodes along major thoroughfares and intersections, such as
the proposed location.
Currently, an economic development study is underway on the La Porte
area in order to specify which types of retail business the community
should be targeting to attract commercial development in the area.
Projection of future commercial growth and tax components are to be
favorably considered in this matter.
Conclusion: Based on the above analysis, staff finds the requested zone changes are
compatible with the zoning and uses of nearby properties. The properties in
question are suitable for the requested change to General Commercial (GC).
The developments within the subject tracts should not negatively impact the
surrounding properties or harm the value of nearby properties. Furthermore,
the proposed developments should not have a significant impact on the
traffic conditions in the area.
In reviewing this request the Commission should consider the following:
• There have been significant changes in the area that warrant a change
to the zoning designation.
• The requested change is compatible with the goals and objectives of
the City's Comprehensive Plan.
Actions available to the Commission are listed below:
• Recommend to City Council approval of Rezone Request #R05-006
from R-2 to GC.
• Recommend to City Council denial of Rezone Request #R05-006
from R-2 to GC.
• Recommend to City Council approval of Rezone Request #R05-007
from R-2 to GC.
• Recommend to City Council denial of Rezone Request #R05-007
from R-2 to GC.
• Recommend to City Council approval of Rezone Request #R05-008
from R-2 & NC to GC.
• Recommend to City Council denial of Rezone Request #R05-008
from R-2 & NC to GC.
• Table one or all of these items for further consideration by the
Commission.
TRACTI:
Square Footage Parking
52,820 s.f. Wet Retail
(allowable) 8/1000 s.f. = 423 )cars
52,820 Total s.L Total Provided = 429 cars
TRACTH:
Square Footage Parking —
68,960 s.f. Retail 4/1000 s.f. = 276 cars
10,600 s.f. Wet Retail
(allowable) 8/1000 s.f. = 85 cars
Total Required = 361 cars
79,560 Total s.L Total Provided = 364 cars
TRACTS I & 11:
Total Square Footage Total Parking
132,380 s.L 793 cars
$
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Mucasey & Associates, Architects
November 16, 2005
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