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Home My WebLink About12-15-05 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF DECEMBER 15, 2005 Members Absent: Pat Muston, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb, Jr., Paul Berner, and Les Bird (Alt. 2) Claude Meharg, Hal Lawler (Alt. 1) Planning Director, Wayne Sabo; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Traci Koenig Members Present: City Staff Present: 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:05 p.m. 2. APPROVE MINUTES OF THE NOVEMBER 17, 2005, REGULAR MEETING. Motion by Les Bird to approve the Minutes of November 17, 2005. Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, Linscomb, Berner, Bird. None None 3. ADMINISTER OATH OF OFFICE TO REAPPOINTED MEMBER CLAUDE MEHARG, This item was skipped due to the absence of Commissioner Meharg. 4. CONSIDER MAJOR DEVELOPMENT SITE PLANS FOR "PACKWELL" AND "UNDERWOOD DISTRIBUTION CENTER," PHASE II OF UNDERWOOD BUSINESS PARK TO BE LOCATED ALONG OLD UNDERWOOD ROAD AT STATE HIGHWAY 225. The applicant, Clay Development, is requesting approval of a major development site plan for approximately 65 acres of land in the Enoch Brinson Survey, Abstract No.5, described as parcel 1 under the Harris County Clerk's File No. M032856, La Porte, Harris County, Texas. Staff report was given by Wayne Sabo, Planning Director. Approval by City Council of Ordinance 1501-V4 at the December 12, 2005 meeting authorized the applicant to submit the Major Development Site Plans to the Planning and Zoning Commission for consideration. Approval of the site plans by the Planning and Zoning Commission will allow the applicant to submit construction drawings to the Inspections Division for review. Staff recommends approval of the site plan, with conditions as listed in the Staff Report. Motion by Paul Berner to approve the Major Development Site Plans, with the following conditions: · 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 Code. · Union Pacific Railroad approval of the four (4) proposed rail spurs and spur design shall be required prior to issuance of the building permit. · Statement from the owner/developer specifying responsibility for the maintenance of the detention system. · Prior to 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. Second by Dottie Kaminski. The motion carried. Planning and Zoning Commission Minutes of December 15, 2005 Page 2 Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, Linscomb, Berner, Bird. None None 5. CONSIDER FINAL PLAT FOR PHASE I OF PRESERVE AT TAYLOR BAYOU TO BE LOCATED ALONG MCCABE ROAD AT STATE HIGHWAY 146. Staff report was given by Wayne Sabo, Director of Planning. The applicant, Robert Burchfield, is requesting approval of a Final Plat submission for Phase I of the Preserve at Taylor Bayou, to be located at the southeast corner of SH 146 and McCabe Road. Mr. Sabo noted that Staff received a Final Plat submission containing all administrative corrections on December 15, 2005. Staff recommends approval of the Final Plat, with conditions as listed in the Staff Report. The applicant, Mr. Robert Burchfield, addressed the Commission briefly to discuss the need for a drainage study. Motion by Dottie Kaminski to approve the Final Plat, with 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. . 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. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, Linscomb, Berner, Bird. None None 6. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #ROS-006 REQUESTED FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CANADA ROAD AT FAIRMONT PARKWAY, FURTHER DESCRIBED AS TR. 712, LA PORTE Planning and Zoning Commission Minutes of December 15, 2005 Page 3 OUTLOTS, WILLIAM M. JONES SURVEY, A-482, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, BOBBY GRISHAM, SEEKS TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (GC). B. STAFF PRESENTATION Wayne Sabo, Director of Planning, gave the Staff Report. This piece of land has a pipeline running directly through the middle of it, which sufficiently hinders it from being developed with any type of residential zoning classification. Canada Road has recently been expanded into a four lane road, creating a better opportunity for retail development, and this particular intersection has been selected by the Buxton Company as a subject to be analyzed in order to attract development as retail or commercial property. Staff feels that this zone change is warranted. C. PROPONENTS Mr. Bobby Grisham spoke in favor of the zone change, citing the Bayshore Sun survey of residents who would like to see retail development in the City of La Porte. D. OPPONENTS There were none. 7. CLOSE PUBLIC HEARING Chairperson Muston closed the Public Hearing at 6:38 pm. 8. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R05-006 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CANADA ROAD AT FAIRMONT PARKWAY,FURTHER DESCRIBED AS TR. 712, LA PORTE OUTLOTS, WILLIAM M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS. Motion by Les Bird to approve rezone request #R05-006. Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, linscomb, Berner, Bird. None None 9. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R05-007 REQUESTED FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CANADA ROAD AT FAIRMONT PARKWAY, FURTHER DESCRIBED AS TR. 713, LA PORTE OUTLOTS. THE APPLICANT, DOUGLAS TOLLETT, SEEKS TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (GC). A. STAFF PRESENTATION Wayne Sabo, Director of Planning, gave the Staff Report. This piece of land has a pipeline running directly through the middle of it, which sufficiently hinders it from being developed any type of residential zoning classification. Canada Road has recently been expanded into a four lane road, creating a better opportunity for retail development, and this particular intersection has been selected by the Buxton Company as a subject to be analyzed in order to attract development as retail or commercial property. Due to the above facts, Staff feels that this zone change is very appropriate. Planning and Zoning Commission Minutes of December 15, 2005 Page 4 B. PROPONENTS The applicant, Mr. Douglas Tollett of American Resurgens Management Corp., briefly spoke in favor of the zone change. C. OPPONENTS There were none. 10. CLOSE PUBLIC HEARING Chairperson Muston Closed the public hearing at 6:41 pm. 11. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R05-007 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CANADA ROAD AT FAIRMONT PARKWAY, FURTHER DESCRIBED AS TR. 713, LA PORTE OUTLOTS, WILLIAM M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS. Motion by Les Bird to approve rezone request #R05-007. Second by Dottie Kaminski. The motion carried. Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, Linscomb, Berner, Bird. None None 12. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R05-008 REQUESTED FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CANADA ROAD AT FAIRMONT PARKWAY, FURTHER DESCRIBED AS TRS 710A & 711, LA PORTE OUTLOTS, WILLIAM M. JONES SURVEY, A-482, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANTS, JACK HOWARD, W. FLOYD, AND LARRY ALLEN, SEEK TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2) AND NEIGHBORHOOD COMMERCIAL (NC) TO GENERAL COMMERCIAL (GC). A. STAFF PRESENTATION Wayne Sabo, Director of Planning, gave the Staff Report. This piece of land has a pipeline running directly through the middle of it, which sufficiently hinders it from being developed any type of residential zoning classification. Canada Road has recently been expanded into a four lane road, creating a better opportunity for retail development, and this particular intersection has been selected by the Buxton Company as a subject to be analyzed in order to attract development as retail or commercial property. Due to the above facts, Staff feels that this zone change is very appropriate. B. PROPONENTS There were none. C. OPPONENTS There were none. Planning and Zoning Commission Minutes of December 15, 2005 Page 5 13. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 6:44 pm. 14. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R05-008 FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CANADA ROAD AT FAIRMONT PARKWAY, FURTHER DESCRIBED AS TRS 710A & 711, LA PORTE OUTLOTS, WILLIAM M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS. Motion by Doretta Finch to approve rezone request #R05-008. Second by Kirby Linscomb, Jr. The motion carried. Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, Linscomb, Berner, Bird. None None 15. ADMINISTRATIVE REPORTS . January 19, 2006 Planning and Zoning Commission should be reviewing the Preliminary Plat submittal for Port Crossing, Section 1, in the Texas Import Export Park. . A submittal for the Lakes at Fairmont Greens subdivision is anticipated. Also, the City will be accepting bids for the trunk line to be constructed connecting the Preserve at Taylor Bayou and Lakes at Fairmont Greens subdivision. 16. COMMISSION COMMENTS There were none. 17. ADJOURN Chairperson Must adjourned the meeting at 7:00. Submitted by, ~. 'Traci Koen! .. C .~ Secretary, Planning and Zoning Commission day OfJaf/'(A.a~, 2006. cl b OATH OF OFFICE I, Claude Meharg, 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. c4-ftJ(J).. Sworn to and subscribed before me this I q day of ~O 2006 U11111111111" 11111" 1111111'" 11111" 1111111 ""1111 :: ~o"oY ''',,-<, PEGGY LEE E :: ~ NOTARY PUBLIC - STi\TEOF TEXAS:: - * '*. - = MY COMMISSiON EXPIRES = "..t'..... ~ _ = -1r( OF 1"+'" SEPTEMBER (4; 2007 :: nlll 1111111111111111111111111111 III i Illlllllllllllln ~.~ Notary Public in and for the State of Texas y p I n the name and by the authority of The State of Texas OATH OF OFFICE I, Claude Meharg, 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. (~tl1 z S !.! 1I111111111111111111111111111111111111111111111111!J E ~~,",y pU"'~ PEGGY LEE ~ = * ~b *1 NOTARY PUBLIC ~ STATE OF TEXAS = = ,~ MY COMMISSION EXPIRES = ~ ~-;r( 0' "..,~ SEPTEMBER 24, 2007 ~ iillllllllllllllllllllllllllllllllllllllllllllllllll i1 ce..e.., e Titl~eu~ See Reverse Side for Instructions Revised August 1999 Form #2204 ~ , Retreat at Bay Forest North & South (Preliminary Plats) Exhibits A. Commission's Action Request B. Aerial Map C. Staff Report D. Preliminary Plats Retreat at Bay Forest North & South - Preliminary Plats Planning and Zoning Commission January 19, 2006 Location of Subdivision Legal Description Recommendations: . The owner/developer is requesting approval of Preliminary Plats for proposed Retreat at Bay Forest North and South Subdivisions to be located along South Broadway. . The zoning of the subject properties is Low Density Residential (R-l). . The applicant is proposing 18 and 10 single-family residential lots in the North and South sections respectively. Corresponding densities equal to 4 dwelling units/acre, which is in conformance with the ordinances. . The North subdivision entrance is along South "S" Street, which will be improved per City's standards. The South subdivision entrance will be off South Broadway. . Reserve A (1.1049 ac.) located in the South subdivision is restricted for detention and may serve both subdivisions. . There are sufficient utilities in the vicinity to serve these subdivisions, however, infrastructure shall be the responsibility of the owner/developer. . A parkland fee shall be applicable in lieu of parkland dedication. Summary: Actions required by the Commission: The Preliminary Plats are in accordance with the City's Development Ordinance. Staff recommends approval of the Preliminary Plats, with the following conditions: . Construction drawings shall indicate off-site drainage improvements to ensure proper drainage of the adjacent properties. . The developer is responsible for installation of sidewalks along both sides of all public streets within the subdivision and along entrances off Broadway towards the end of the subdivision line. · Fencing standards shall be stated in the covenants and deed restrictions to be approved by the City. · Detention basin ownership and maintenance thereof by the Homeowner's Association shall be stated on the Final Plat. Language in the covenants and on the face of the plat shall dedicate or transfer ownership of detention reserve to the Homeowner's Association. · Approval of the Preliminary Plat authorizes the developer to submit a Final Plat. · Conditional approval of the Preliminary Plat requires submission of an amended Preliminary Plat and additional documentation as specified by the Commission. · Disapproval of the Preliminary Plat requires submission ofa new Preliminary Plat. ~XHIBn rt Staff Report Retreat at Bay Forest North & South Preliminary Plat January 19, 2006 ReQuested Action: Consideration of Preliminary Plats for proposed subdivisions Retreat at Bay Forest North and Retreat at Bay Forest South ReQuested Bv: Don Meeks, President, Retreat at Bay Forest, L.P. ReQuested For: North - 3.7599 acres (163,781 sq.ft.) ofland described as Lots 1-32, Block 1261, 16' wide alley in the block, 80 feet wide portion of West "T" Street right-of-way closed and abandoned per City Ordinance #1530, Johnson Hunter Survey, Abstract 35, and TR 5N, W.P. Harris Survey, Abstract No.30, La Porte, Harris County, Texas. South - 3.5804 acres (155,963 sq.ft.) of land described as TR A5, W.P.Harris Survey, Abstract No. 30, La Porte, Harris County, Texas. Present Zonine:: Low-Density Residential (R-1) ReQuested Use: Residential Subdivision - (Single Family Dwellings) Baclmround: The Retreat at Bay Forest North and the Retreat at Bay Forest South are proposed residential subdivisions to be located along South Broadway (Old Highway 146) adjacent to the Bay Forest Golf Course. The North Section will be located approximately 700' north of Wharton Weems Boulevard and the South Section will be located at the southwest corner of Wharton Weems Boulevard and South Broadway. Under the terms of Development Ordinance 1444, both are classified as minor subdivisions. As proposed, the North subdivision has one block and 18 single-family residential lots. In addition, the South subdivision is designed to have 1 block, 10 single-family residential lots, and one restricted reserve (1.1049 acres) to the south of this development for detention basin to accommodate both North and South sections. The densities of each subdivision conform to 4.8 dwelling units per acre permitted in Low-Density Residential (R-1) zoning districts per Section 106-333, Table B, Residential Area Requirements of the City's Code of Ordinances. The lot sizes are larger than the minimum 6,000 sq.ft. required per ordinance. Analvsis: Section 4.03 and Appendix D of the City's Development Ordinance establish review criteria for Preliminary Plats. Staff also used criteria in the City's Zoning Ordinance and Comprehensive Plan to review these proposed subdivisions. ,=XHiSfi \5 Retreat at Bay Forest (N&S) - Preliminary Plat 1/19/06 - P & Z Meeting Page 2 of3 Land Use - The project's proposed residential use conforms to the character of the surrounding land uses and Low-Density Residential (R-1) zoning district. Properties adjacent to the subject site are overwhelmingly residential, with mid to high density residential uses along South Broadway. The area is intended for residential use in the La Porte Comprehensive Plan and Land Use Plan. TransportationlInterior Circulation - The north section is located just south of West "s" Street, an unimproved public right-of-way which dead ends into the Bay Forest Golf Course. The City has allowed the developer to improve a portion of this street, per City's standards (PICM) to use as an entrance/exit off South Broadway. A 50' right-of-way with a cul-de-sac street off West "S" Street will serve the North subdivision. Staff suggests the opening of this public street through the South property, which will require a 50'wide dedication/easement to the City between lots 9 and 10. This area could remain open and green for future projection. The proposed South section will have an entrance/exit off South Broadway approximately 260' south of the intersection at Wharton Weems Boulevard. The developer is required to gain approval of this drive from the Texas Dept. of Transportation (TxDOT). Interior circulation in both the subdivisions appears to be adequate. Wharton Weems Boulevard and South Broadway (Old Highway 146), primary arterials with 100' of ROW, should accommodate the traffic generated by these developments. Sidewalks - The developer shall be responsible for construction and installation of sidewalks within the subdivision and language to that effect shall be stated in writing on the plat. In addition, the developer shall construct sidewalks along both sides of all public streets within the subdivision and south of South "S" Street up to S. Broadway. Parks and Recreation - Section 12.0 of Development Ordinance #1444 requires the developer to provide either on-site open space and recreational space or remittance of fees in lieu of parkland to the City. The area of land dedicated to the City for parkland purposes shall equal one acre for each 160 proposed dwelling units. The total number of lots for this project equals 28. Therefore, a monetary fee in lieu of parkland would be required at, or prior to, approval of the Final Plat. Utilities - There is sufficient water service available to serve these proposed developments. Originally, this area was a part of the potentially overloaded sewer system per South La Porte Wastewater Report. Later, improvement of wastewater system around Texas Avenue and closing of Vista Baywood Apartments provided enough relief. An upgrade of the system from Broadway to McCabe Road should provide relief to the current sanitary sewer system. The developer is responsible for providing all on-site infrastructure and any improvements necessary to accommodate the subdivision's water and sanitary sewer needs. The design and construction of all water and sewer systems shall be in conformance with the City's approved Public Improvement Criteria Manual (PICM). Retreat at Bay Forest (N&S) - Preliminary Plat 1/19/06 - P & Z Meeting Page 3 of3 Drainage - The proposed subdivisions are located in the Taylor Bayou Watershed, therefore, detention is required. The North and South sections are designed so that all storm drainage flows directly into the detention basin located in the South section adj acent to a 40' Harris County Flood Control District (HCFCD) facility. A drainage swale over the storm pipe is designed. Future street projection through North Section will provide further relief to the drainage system. The size and capacity of the detention basin will be reviewed with the construction drawings to ensure that it can adequately serve the proposed developments without burdening the existing system. The developer shall provide all the necessary easements required for proper drainage, including storm water inlets. Fencing - The proposed Retreat at Bay Forest North subdivision abuts the Golf Course on the West. The design of the fence must be approved by the City. Fence standards shall be stated in the protective covenants or deed restrictions, and the document also must include language stating that the maintenance/ repair costs of the fence shall be the responsibility of the Homeowner's Association. The document must be submitted with the Final Plat of the Retreat at Bay Forest North subdivision. Conclusion and Recommendation: The Preliminary Plats are in accordance with the City's development regulations. Staff recommends approval of the Preliminary Plats with the following conditions: · Construction drawings shall indicate off-site drainage improvements to ensure proper drainage of the adjacent properties. · The developer is responsible for installation of sidewalks along both sides of all public streets within the subdivision and along entrances off Broadway towards the end of the subdivision line. · Fencing standards shall be stated in the covenants and deed restrictions to be approved by the City. · Language shall be included in the covenants as well as on the face of the Final Plat stating that ownership and maintenance of the detention basin is the responsibility of the Homeowner's Association and shall be transferred or dedicated to it accordingly. Options available to the Commission are as follows: · Approval of the Preliminary Plat authorizes the developer to submit a Final Plat. · Conditional approval of the Preliminary Plat requires submission of an amended Preliminary Plat and additional documentation as specified by the Commission. · Disapproval of the Preliminary Plat requires submission of a new Preliminary Plat. - -. Port Crossing, Section 1 (Preliminary Plat) Exhibits A. Commission's Action Request B. Aerial Map C. Staff Report D. Preliminary Plat Port Crossing, Section 1 - Preliminary Plat Planning and Zoning Commission January 19, 2006 1000 Block of S. 161 Street owell Road A 12.3424 acre tract out of 342 acres of land situated in the George B. McKinstry League, Abstract 47, La Porte, Harris Coun ,TX. Powell Road Lo istics, L.P. c/o Russell Plank Planned Unit Develo ment (pUD Port Crossing (Texas Import/Export Park) 12.3424 acres North Planned Unit Development East Planned Unit Development South Planned Unit Development West Planned Unit Develo ment CommerciallIndustrial Warehouse and stora e facilit Summary: . This project has an approved General Plan, SCUP, and Developer's Agreement. The current submittal is a Preliminary Plat for proposed development of Port Crossing, Section 1. . The subject property is located along South 16th Street (Powell Road), one block south of West "M" Street and East of Union Pacific Railroad. . The property being platted consists of approx. 12 acres as restricted reserve 'A' for building use and detention area along Powell Road. . The applicant is proposing an industrial warehouse and storage facility at this site. These uses comply with the approved General Plan. . The plan shows two driveways north and south of detention basin along Powell Road. . A pump station is proposed for the detention system, which will be temporary. Once Powell Road is widened to 100', it will be connected through gravity to regional detention south of Wharton Weems Blvd. and outfall to Taylor Bayou. Recommendation: Staff reviewed the preliminary plat and found it to be in conformance with the Development Ordinance. However, the approved General Plan, Special Conditional Use Permit, and Development Agreement are the prevailing documents to be used as a guideline for the development of the entire project. Staff recommends approval of the Preliminary Plat with the following conditions: · Provisions of an approved General Plan, SCUP and the Development Agreement are applicable and must be applied to the entire project. · Pump stations are not allowed unless approved by the City on a case by case basis. · Construction drawings should be prepared as per City's Standard Specs. or details mentioned in PICM. · 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 12' perimeter around the detention basin. · Add the following statement to the plat: "Developer shall dedicate 40' wide strip to the East for the future widening of Powell Road." · Drainage Plan requires approval by Harris County. The detention pond and maintenance thereof will be the sole responsibility of the owner/developer. Options available to the Commission are as follows: · Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the [mal 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. This will require the developer to file a new Preliminary Plat. an 1\. Staff Report Preliminary Plat Port Crossing, Section 1 January 19, 2006 Requested Bv: Requested For: Requested Use: Present Zonine:: Location: Backe:round: Analvsis: Russell Plank, Powell Road Logistics, L.P. A 12.3424 acre tract ofland out of the Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Industrial, Commercial Planned Unit Development (PUD) South 16th Street (powell Road) Applicant is platting 12.3424 acres of land into one reserve for proposed warehouse building in an area known as the Texas Import/Export Park (TIEP). Texas Import/Export Park is a proposed industrial, commercial and retail development to be located in an area south of Fairmont Parkway along S. 16th Street (powell Road) between the existing Union Pacific Railroad (UPRR) and State Highway 146 South. As a part ofthe PUD development process, a Special Conditional Use Permit (#SCU05-003) and a General Plan covering the La Porte 81 Ltd., La Porte 82 Ltd., La Porte 115 Ltd., and La Porte 146 Venture, LP., were approved by City Council on March 28,2005. This is an ongoing project that is to be developed in phases. The applicant is currently proceeding with the platting of the first parcel of said project. While this is the first phase of an overall development, the developer's intent is to develop the entire tract in accordance with the applicable SCUP, General Plan, and Developer's Agreement approved by the City. The OwnerlDeveloper plans to develop the tract for industrial uses. The developer will construct the pump-discharged storm drainage/detention system along Powell Road, which will ultimately connect with the regional systems in accordance with the policies of the City and the Harris County Flood Control District. Land Use - The General Plan contains general information regarding the development of the entire 342-acre site. The developer's intent is to develop the subject tract with some industrial components consistent with the City's o Port Crossing, Section 1 Preliminary Plat Page 2 of3 Land Use Plan (subject to certain exceptions listed in the Developer's Agreement). The Plan's significant features include: contemplated land uses, open space and storm water detention areas, landscaping, a 100' building line, and roadway networking. The Developer's Agreement defmes the land uses that are acceptable within various tracts of this development. In Reserve "A", the Heavy Industrial (HI) uses are permitted, including rail activities, with limitations. Trucking operations and shipping containers that are in transit or are being used to deliver material into or out of this development would be permitted. The use of shipping containers may be incidental to some permitted uses. Landscaping/Open Space - In this project, the open space and trail as identified are both consistent with the City's Comprehensive Plan. The General Plan shows the relationship of these features and also demonstrates how the trail system, open space area, and the stormwater detention system are interrelated. The City may elect to accept these facilities depending on the fmal design of the said project. Buffering and beautification are also addressed in the General Plan. A 100' wide landscape buffer is provided along Powell Road. In addition, landscaping will be provided within building setback areas and easements throughout this development. Transportationffraffic Control Plan - Truck traffic is typically associated with this type of commercial and industrial development. In an attempt to reasonably control truck traffic, a traffic plan should be included to defme how truck traffic will be handled. The Development Agreement states that all trucks will enter and leave the site via State Highway 146 and Wharton Weems Blvd., and no trucks will proceed north along Powell Road to Fairmont Parkway. Signs, driveway design, routing plans, and individual driver instruction will be used to implement these provisions. The Development Agreement also addresses the number of driveway accesses. The plan shows two drives along Powell Road. More specific review of the traffic plan will occur during site plan review as subsequent reserves develop. In accordance with the General Plan, Powell Road will be widened to a 100' ROW. As the pipeline easement is abutting Powell Road on the West, the developer will provide a 40' wide strip to the East dedicated for future widening of Powell Road. Utilities, Drainage - Staff and the developer have agreed that the water system needs to be upgraded to provide suitable fire protection. The applicant is tapping into the City's existing 8" water line on the west side of Powell Road. Sanitary sewer service would be provided through the extension of a 1 A" sanitary sewer line located to the northeast of the development along Powell Road. Storm water facilities will be designed in accordance with City and Harris County Flood Control District requirements. The design of the storm water detention basin will be Port Crossing, Section 1 Preliminary Plat Page 3 of3 Conclusion and Recommendation: reviewed with the construction drawings. The proposed pump detention system is temporary, as per verbal agreement reached on January 6, 2006 between the developer and the City. The pumped detention facility will utilize a dual-pump system with head curves and discharge from the site shall be restricted to the existing 3-year event. The approved Special Conditional Use Permit (#SCUOS-003), General Plan, and Developer's Agreement are the prevailing documents for this development. This plat complies with some of the elements of the principal documents. Staff reviewed the Preliminary Plat for Port Crossing, Section 1 and found it to be in compliance with the Development Ordinance. Staff recommends approval of the preliminary plat with the following conditions: . Provisions of the approved SCUP, General Plan, and Development Agreement are applicable and must be applied to the entire project. . Pump stations are not allowed unless approved by the City on a case by case basis. . Construction drawings should be prepared as per City's Standard Specs. or details contained in PICM. . 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 12' perimeter around the detention basin. . Add the following statement on the plat: "Developer shall dedicate 40' wide strip to the East for the future widening of Powell Road." . The Drainage Plan requires approval by Harris County. The detention pond and maintenance thereof will be the sole responsibility of the owner/developer. Options available to the Commission are as follows: . Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the final 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. This will require the developer to file a new Preliminary Plat upon completion of the provision of the Developer's Agreement. - --------------- -- Zone Change Request #R05-009 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Site Plan/Elevations F. Public Notice Responses Zone Change Request #R05-009 Planning and Zoning Commission January 19, 2006 Location of Pro Dosed Chan!!e 1300 Block South Broadway Legal Description of Proposed Zoning East 115' of Lots 1-16 & lots 17-32, Block 1159, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Blocks 1121 and 1122, Town of La Porte, Harris County Texas. Applicant David Kim, Project Manager, Covenant Neighborhoods, Inc. on behalf of Mr. Jack McCov, ProDertv Owner Present Zonin!! General Commercial (GC) Requested Zoning High Density Residential (R-3) Acreage to be Rezoned Approx. 2.2268 acres :!: Surrounding Zoning North General Commercial (GC) East High Density Residential (R-3) South High Density Residential (R-3) West General Commercial (GO Land Use Map Mid to Hi1!:h Densitv Residential Activity Proposed Townhouse Development Summary: Recommendation: · The applicant seeks a rezone from General Commercial (GC) to High Density Residential (R-3). · The purpose of the zone change is to develop 70 town home units along South Broadway adjacent to Churchill Place Apartments. · The applicant has filed a petition to close the 16' alley that is in block 1159 and a portion of East "L" Street and Texas A venue to create one unified parcel (approx. 5.5 acres) for this proposed development. · The City's Land Use Plan shows the subject tract developing as mid to high density residential. · The proposed complex would be located in the vicinity of commercial establishments, a senior's residence, town homes, apartments, and the City's recreation and fitness facility along S. Broadway. · The subject site did not qualify for multi-family use, as proposed development is configured as a single lot subdivision. · The Churchill Place Apartments were built in 2001. The property is currently zoned General Commercial. New multi-family regulations were approved in 2003. The existing facility is considered non-conforming, per current ordinances. City staff is using this opportunity to extend R-3 zoning to Blocks 1121 and 1122 for conformance with the current ordinances. · The subject property is no longer able to be utilized as multi-family due to nearby Churchill Place Apartments and the 1,000 ft rule, which states that no multi-family development with 50 or more units shall be located within 1,000 ft. of another multi-family development of20 or more units. · Requested change is compatible with the zoning and uses of nearby properties. · The change from GC to R-3 should not have an adverse impact on the surrounding properties. · Infrastructure should not be affected by this change. Actions required by The Commission: Staff recommends approval of the zone change request #R05-009 with the following considerations: · Recommend to Council approval of the rezoning. · Recommend to Council denial of this rezoning. · Table this item for further consideration by the Commission. C;<'''r ft... 9~,; .J:'1'.. Staff Report January 19, 2006 Zone Change Request #R05-009 Requested by: David Kim, Project Manager, Covenant Neighborhoods, Inc. on behalf of Mr. Jack McCoy, the property owner Requested for: East 115' of Lots 1-16 & lots 17-32, Block 1159, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Location: 1300 Block of South Broadway Present Zonine:: General Commercial (GC) Requested Zonine:: High Density Residential (R-3) Back2:round: The property in question is a 2.2268-acre tract of undeveloped land, being east 115 ft. oflots 1-16 and 17-32 of block 1159 located across from the City of La Porte's recreation and fitness center at 1302 South Broadway. The subject tract is just south of the senior citizen's residence known as "Churchill Place Apartments" located at 1201 South Broadway. The property is strategically located in the near vicinity of mixed-use developments, i.e. single-family residential, townhouse/apartment complex, and commercial establishments. The subject property on block 1159 is currently zoned General Commercial. The property represented by the Churchill Place Apartments, Inc. splits into two zoning classifications; General Commercial and High Density Residential. A significant portion of the complex is on the property zoned General Commercial. Currently, the present facility on blocks 1121 and 1122 is determined to be pre-existing and non-conforming, based on the new multi-family regulations approved after its construction. Staff is using this opportunity to remove some degree of non-conformity by seeking to rezone blocks 1121 and 1122 from General Commercial to High Density Residential to bring the entire property in compliance with the current ordinances. The applicant is seeking this rezoning to construct a townhouse development (single lot configuration). A similar townhouse development east of Churchill Place Apartments is located on block 1120, between Oregon and Montana Streets and is zoned High Density Residential. The applicant is also seeking 16' alley in block 1159 and portions of East "L" Street and Texas A venue, closed by the City to create one unified lot for this proposed development. Once the developer purchases the street/alley portion and adjoining property, the total acreage of the tract to be developed will equal 5.5 acres. f~";,,'V>H t 811' f."l. ,/"^'.. ... J #R 05-009 P&Z 1/19/06 Page 2 of 4 Analvsis: The commercial classification is intended to provide for the establishment of business, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These commercial establishments are to provide services and goods for the surrounding neighborhoods, area residents/visitors and are intended to draw customers from the other geographic area as welL In considering this request, Staff has reviewed the Development Ordinance as well as elements of the Comprehensive Plan, including: Land Use, Transportation, Utilities, and Development Strategy. Land Use - The Land Use Plan indicates this area is envisioned as developing as commercial and mid to high density residential with frontage along Fairmont Parkway as commercial uses. The tract in question is within the vicinity of residential/commercial establishments along the major thoroughfare. Conformance of a zoning request with the Land Use plan is one among several criteria to be considered in approval or denial of an application. Other criteria may include: · Character of the surrounding and adjacent areas; · Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; · Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; · Extent to which the designated use of the property would harm the value of adjacent land use classifications; · Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; · Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, · The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Transportation - The property is located approximately 850' south of Fairmont Parkway along South Broadway (Old Highway 146). South Broadway with 100'ROW, provides more than adequate accessibility for circulation of traffic and should accommodate the traffic generated by this #R 05-009 P&Z 1/19/06 Page 3 of4 proposed development. There should be minimal impact on traffic flow to and from the abutting residential neighborhoods. Internal roadways shall be designed and constructed in conformance with the City Standards. Since traffic movement is the primary function of this roadway, access management for this development would be essential. Driveways connecting directly onto this roadway should be minimized to avoid traffic congestion and other delays caused by north and south bound traffic along South Broadway near intersection with Fairmont Parkway. Utilities - Public facilities and services are sufficient to handle the supply of potable water and fIre protection in the area. Provisions will have to be made to ensure that all on-site infrastructure or improvements can accommodate the water and sanitary sewer needs of this development. The storm water drainage issue will be reviewed with the site development plans. Development Strategy - One of the tenets of the Comprehensive Plan is to encourage new construction of vacant properties. It is also important that the City consider action to attract the types of new developments using an effective development process. One way this may be achieved is by encouraging in-fIll development within existing infrastructure service areas. Here, it is noted that the property is no longer able to be used as an apartment complex due to nearby Churchill Place Apartments and 1,000 ft rule, which states that no multi-family development with 50 or more units shall be located within 1,000 ft. of another multi-family development of 20 or more units. Buxton Study - Currently, an economic development study on the La Porte area is underway. The intent is to encourage new sustained investment and attract commercial/retail developments in the area. Geographically, commercial, retail, and service activities could be clustered throughout the City and convenient to residential area. But, commercial developments would preferably be concentrated in nodes along major thoroughfares and intersections. Projection of future growth and tax components may also be considered in this regard. The highest use review report submitted by the applicant reveals that the subject site would be better served by the proposed use, which would blend into an existing use of property to the north and east of this tract. In addition, Ad Valorem tax revenue would be much higher and stable for residential use, rather than commercial use. The addition of 70 homeowners would increase sales tax receipts from existing businesses. The report also compares the potential annual tax revenue from the community versus a likely alternative development. #R 05-009 P&Z 1/19/06 Page 4 of 4 Conclusion! Recommendations: Based on the above analysis, staff fmds the requested change conforms to the present zoning and uses of nearby properties. The tract in question is suitable for the requested change to R-3, creating an adjoining residential use. Development within the subject tract should not negatively impact the surrounding properties and should not harm the value of nearby properties. It should not have a significant impact on traffic conditions in the area and utilities should not be affected. The applicant has demonstrated that the requested zoning would represent the highest and best use of the property. Granting the requested change would not be contrary to the goals and objectives of the Comprehensive Plan. Based on the above analysis, staff fmds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from GC to R-3. In addition, City staff is using this opportunity to extend R-3 zoning to existing facility on adjoining property as blocks 1121 and 1122 to bring it in conformance with the current ordinance. Actions available to the Commission are listed below: · Recommend to Council approval of this rezoning request from GC to R-3. · Recommend to Council denial of this rezoning request from GC to R-3. · Table this item for further consideration by the Commission. "' oc w , I-- ~-..J U <( ~ " <( I ( U --l <( ~ :J !- U w l- I U ~ "- <( \ ~ \) \" )" 2" ') ~ ( ~ -:: '- I ''-vI''. V..~ .~~..~ur ! c' ~ '- \ ; ---, r - -: ~ ~ I j ~:',~ '. .c'"'-', < ~f ~r::"Jt \i ' t /< . /~~'~td,' . .~ l A' ~""'~tt.. 'i ii:-' II 1=-~\~!~:; .~.',: )', I,--c:-.,,- ~t~' ~t ! \1 \ rr:::::--:..::!I ",-,-~.- ,- ! . ., .! 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