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Home My WebLink About01-19-06 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission PLANNING AND ZONING COMMISSION MINUTES OF JANUARY 19, 2006 Members Present: Pat Muston, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb, Jr., Paul Berner, Claude Meharg, Hal Lawler (Alt. 1) and Les Bird (Alt. 2) Members Absent: None. 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 Chairperson Muston at 6:00 p.m. 2. APPROVE MINUTES OF THE DECEMBER 15, 2005, REGULAR MEETING. Motion by Paul Berner to approve the Minutes of December 15, 2005. Second by Kirby Linscomb, Jr. The motion carried. Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, Linscomb, Berner, Meharg. None None 3. ADMINISTER OATH OF OFFICE TO REAPPOINTED MEMBER CLAUDE MEHARG. Assistant City Attorney, Clark Askins, read the Oath of Office to Reappointed Commissioner Claude Meharg. 4. CONSIDER PRELIMINARY PLAT FOR "RETREAT AT BAY FOREST NORTH SUBDIVISION" TO BE LOCATED ALONG SOUTH BROADWAY (OLD HIGHWAY 146). One Staff Report was given by Masood Malik, City Planner, for agenda items 4 and 5. The applicant, Don Meeks, is requesting approval of a Preliminary Plat for proposed Bay Forest North and South Subdivisions, to be located along South Broadway. The applicant is proposing 18 and 10 single-family residential lots in the North and South sections, respectively. The plats are in accordance with the City's Development Ordinance. Mr. Malik answered the questions of the Commission, involving drainage and plat boundaries. Bill Green of Goldston Engineering, Project Engineer for the two developments, addressed the Commission in favor of granting approval of the Preliminary Plats. He explained that a drainage study has been done to calculate the drainage requirements, and that his firm will be meeting with the City to discuss fencing requirements. Motion by Nick Barrera to approve the Preliminary Plats of Bay Forest North and Bayforest South, 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. Planning and Zoning Commission Minutes of January 19, 2006 Page 2 . 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. Second by Kirby Linscomb, Jr. The motion carried. Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, Linscomb, Berner, Meharg. None None 5. CONSIDER PRELIMINARY PLAT FOR THE "RETREAT AT BAY FOREST SOUTH SUBDIVISION" TO BE LOCATED ALONG SOUTH BROADWAY AT WHARTON WEEMS BOULEVARD. One Staff Report was given by Masood Malik, City Planner, for agenda items four and five. The applicant, Don Meeks, is requesting approval of a Preliminary Plat for proposed Bay Forest North and South Subdivisions, to be located along South Broadway. Please see above for full Staff Report and decision. 6. CONSIDER PRELIMINARY PLAT FOR PORT CROSSING, SECTION 1, TO BE LOCATED ALONG S. 16TH STREET (POWELL ROAD) WITHIN THE PROPOSED TEXAS IMPORT EXPORT PARK. The Staff Report was given by Wayne Sabo, Director of Planning. The applicant, Russell Plank, is requesting a~proval of a Preliminary Plat for proposed Port Crossing, Section 1 to be located along South 16 h Street, one block south of West "M" Street and east of Union Pacific Railroad. Mr. Sabo informed the Commission that an Engineering study has been conducted since the last presentation of this property to the Planning and Zoning Commission. It has been determined that regional detention will facilitate the sub-structures to be constructed in later phases of the development. The developer intends to construct buildings using masonry. The applicant, Mr. Russell Plank, answered the questions of the Commission involving drainage and Powell Road. He will be re-building Powell road and editing the current signage in order to improve the flow of traffic. Motion by Les Bird to approve the Preliminary Plat with the following conditions: . Provisions of the approved S.C.U.P., 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 Specifications or details contained in P.I.C.M. . Final construction drawings shall indicated 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 a 40' wide strip to the East for the future widening of Powell Road." . The Drainage Plan requires approval by Harris Count. The detention pond and maintenance thereof will be the sole responsibility of the owner/developer. Planning and Zoning Commission Minutes of January 19, 2006 Page 3 7. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST # R05-009 REQUESTED FOR PROPERTY LOCATED ALONG SOUTH BROADWAY, ADJACENT TO THE CHURCHILL PLACE APARTMENTS, FURTHER DESCRIBED AS EAST 115' OF LOTS 1- 16 AND LOTS 17-32, BLOCK 1159, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, A- 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, COVENANT NEIGHBORHOODS, INC., SEEKS TO REZONE THE PROPERTY FROM GENERAL COMMERCIAL (GC) TO HIGH DENSITY RESIDENTIAL (R-3) FOR TOWNHOUSE DEVELOPMENT. IN ADDITION, THE CITY IS USING THIS OPPORTUNITY TO EXTEND R-3 ZONE TO THE EXISTING FACILITY (CHURCHILL PLACE APARTMENTS) ON BLOCKS 1121 AND 1122, FOR COMPLIANCE WITH THE CURRENT ORDINANCES. A. STAFF REPORT Staff Report was given by Masood Malik, City Planner. The Commissioner's requested clarification on the matter of "Multi-Family" development, and Mr. Malik provided a definition of Multi-Family development vs. High Density Residential. B. PROPONENTS Mr. David Kim gave a Power Point presentation on behalf of the applicant, Covenant Homes. C. OPPONENTS There were none. 8. CLOSE PUBLIC HEARING Chairperson Muston closed the Public Hearing at 7:15 pm. 9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R05-009 FROM GENERAL COMMERCIAL (GC) TO HIGH DENSITY RESIDENTIAL (R-3) FOR PROPERTY LOCATED ALONG SOUTH BROADWAY ADJACENT TO THE CHURCHILL PLACE APARTMENTS, FURTHER DESCRIBED AS EAST 115' OF LOTS 1-16 AND LOTS 17- 32, BLOCK 1159, TOWN OF LA PORTE, FOR TOWNHOUSE DEVELOPMENT, AND BLOCKS 1121 AND 1122 FOR CONFORMANCE WITH THE CURRENT ORDINANCES. Motion by Nick Barrera to approve the Rezone request. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Muston, Kaminski, Barerra, Finch, Linscomb, Berner, Meharg. None None 10. ADMINISTRATIVE REPORTS There were none. 11. COMMISSION COMMENTS There were none. Planning and Zoning Commission Minutes of January 19, 2006 Page 4 12. ADJOURN The meeting adjourned at 7:15 pm. Submitted by, Traci Koenig Secretary, Planning and Zoning Commission Approved on this day of ,2006. Pat Muston Chairperson, Planning and Zoning Commission Special Conditional Use Permit Request #SCU06-001 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Draft SCUP F. General Plan G. Application H. Public Notice Responses Special Conditional Use Permit #SCU06-001 Planning and Zoning Commission February 16,2006 Land Use Plan Activit Pro osed 2900 Block of South Broadwa TR 5B and TR 5J (020*E, Pt. TR 5B), Abstract No. 30, W. P. Harris Surve , La Porte, Texas. Dr. Marcus A uino, M.D. Planned Unit Develo ment 2.45 acres North Planned Unit Development (PUD) East Low-density Residential (R.l) South High Density Residential (R-3) West Planned Unit Develo ment (PUD Residential Doctor's office/medical buildin Recommendation: . The applicant is requesting a Special Conditional Use Permit (SCUP) for developing a doctor's office/medical clinic of approx.5,OOO square feet. . The property is currently zoned Planned Unit Development (POO) and located just south of the City of La Porte Fire Station No.4 along South Broadway. . The POO zoning assigned to this tract is, to a great extent, based on the large amount of undeveloped, unsubdivided acreage located in this area. . To develop in a PUD, a Special Conditional Use Permit is required from the City. . The subject property is surrounded by mixed use developments in the southeast of La Porte. This area was annexed to the City of La Porte as a Bayshore Municipal Utility District. . Offices and clinics of physicians (M.D.) including Specialists are permitted use per Section 106-441, Commercial Uses. . The overall impact on public services should be minimal. . South Broadway and McCabe Road with 100' right-of-way have adequate capacity to handle the traffic generated by this proposed development. . The impact upon the public health, safety, and welfare of the city should be minimal. Staff recommends approval of SCUP with the following conditions: Summary: Action Required by the Commission: . SCUP#06-001 is specifically limited to the Doctor's office/clinic. . Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany with the site plan. . The roofed-over structures on the property shall not accumulatively exceed the maximum forty percent (40%) lot coverage. . Height of the building shall be limited to 45' as per residential area requirements. . Architecture of the building shall be approved by the City. . Additional development at site shall be subject to filing a new application for Special Conditional Use Permit. . Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any additional right-of-way required for drainage at the time of site development. . The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. . Recommend to Council approval of this SCUP with conditions. . Recommend to Council denial of this SCUP. . Recommend tabling this SCUP for further review. ,1\ #SCU06-001 I 1 I ' j I -E ~ r:lLU~ ~ ,.. ~ ...J <( u.. " J Staff Report February 16,2006 Doctor's Office/Clinic Special Conditional Use Permit #06-001 ReQuest: ReQuested By: ReQuested For: Present Zonine:: Land Use Map: ReQuested Use: Backe:round: Special Conditional Use Permit Request #06-001 Dr. Marcus M. Aquino, M.D. On behalf of Gary Bass, Property Owner A 2.45 acre tract, described as TR 5B and TR 5J (020*E, Pt. TR 5B), W. P. Harris, Abstract 30, La Porte, Harris County, Texas. This property is located at 2910 and 2912 South Broadway (Old Highway 146). Planned Unit Development (p.U.D.) Residential Doctor's office/clinic (SIC Code#8011) The subject property is located in the southeast portion of the City of La Porte. The site is an approximately 2.45-acre tract that fronts on South Broadway (Old Highway 146) just south of the City of La Porte Fire Station No.4. The property is oddly shaped, being approximately 80' wide on the front, 175' wide in the rear, and 650' deep. There is a 25' wide Harris County drainage easement/creek to the west of the tract identified as "West Branch Taylor Bayou". The applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of developing a one-story, 5,000 sq. ft. building with an office, day time clinic, and surgical facility at the site. Offices and clinics of physicians (M.D.) including specialists (SIC Code# 8011) are a permitted use per Section 106-441, Commercial Uses in the Code of Ordinances. All uses permitted in the residential, commercial, and industrial districts are also permitted in the Planned Unit Development (PUD) zoning districts per Section 106-657 of the Ordinance. However, a Special Conditional Use Permit is required for a development in the Planned Unit Development (PUD) district per Section 106-659 ofthe Ordinances. As per regulations, the tract of land for which a planned unit development, commercial or industrial is proposed and permit is requested, shall contain not less than five acres for commercial and industrial project. This area was annexed to the City of La Porte as a part of Municipal Utility District. This project is considered the initial phase of a multi-planned developments contained within the entire pUD' each subsequent development will require a separate SCUP. SCU06-001 February 16,2006 Page 2 of3 Analvsis: The Zoning Ordinance Section 106-217 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: . That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. . That the conditions placed on such use, as specified in each district, have been met by the applicant. . That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. In addition to performance standards, there are a number of development standards that are specified by the Zoning Ordinance. These standards are applicable to all P.U.D. developments. Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a P.U.D. zoning district: Uses - Review of the City's Land Use Plan indicates that this area is envisioned as a residential use. The intended use of this property is office and clinic of doctors of medicine. The other intended use is a day time surgical office/clinic for a specialist. These uses are not extensive in nature and may well blend with the surrounding uses along McCabe Road and S. Broadway. Zoning - The property is zoned PUD, where all residential, commercial, and industrial uses are permitted. A doctor's office/clinic is a permitted use in the commercial districts. Fire Station No.4 is located just north of the property at the intersection of McCabe Road and South Broadway. An old building serving as a beer garden is located to the south of this tract. Streets - The property has a front along South Broadway (Old Highway 146) south of the intersection of McCabe Road, a 100-ft. right-of-way (ROW). South Broadway and McCabe Road have adequate capacity to accommodate the traffic generated by this proposed development. The traffic circulation would not be affected with this development. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage - There is a sufficient water distribution facility in the area to supply potable and fire protection to this proposed development. The water is available along South Broadway. The sanitary sewer will SCD06-001 February 16,2006 Page 3 of3 require extension. The plan will be reviewed in detail to verify. Staff will ensure that drainage does not impact the surrounding properties. Open Space -The property adjoins the Taylor Bayou to the west. A significant area will be left undeveloped. Staff recommends that the owner/developer shall implement a landscape plan for the development site. Recommendation: Based on items discussed above, staff recommends approval of the Special Conditional Use Permit with the following conditions: . SCUP#06-001 is specifically limited to the Doctor's office/clinic. . Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany with the site plan. . The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. . Height of the building shall be limited to 45' as per residential area requirements. . Architectural of the building shall be approved by the City. . Additional development at site shall be subject to filing a new application for Special Conditional Use Permit. . Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any additional right-of-way required for drainage at the time of site development. . The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Options available to the Commission are: . Recommend to Council approval of this SCUP 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 Draft City of La Porte Special Conditional Use Permit # SCU 06-001 This permit is issued to: DR. Marcus M. Aauino. M.D. Owner or Agent 406 Bay Colony Drive. La Porte TX 77571 Address For Development of: Doctor's Office (Medical Clinic) Development Name 2910 S. Broadway (Old Hiahway 146) Address Legal Description: TR 5B. TR 5J (020*E Pt. TR 5B). W. P. Harris. Abstract 30. La Porte. Harris County. Texas. Zoning: Planned Unit Development (PUm Use: Doctor's Office Permit Conditions: 1. SCUP#06-001 is specifically limited to the Doctor's office/clinic. 2. Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany with the site plan. 3. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 4. Height of the building shall be limited to 45' as per residential area requirements. 5. Architectural of the building shall be approved by the City. 6. Additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 7. Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any additional right-of-way required for drainage at the time of site development. 8. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: City Secretary ~HIBll. 4- Director of Planning ~ ~ ~. General Plan for proposed project old hwy 1 46 500' .. 175' · · · .t r ~ . . . 250' .. .. 125 . . . . 700' N ...~.~fB..Hi '~~i:JJ~,,~ If ~ ,'~ [i .. ~ CITY OF LA PORTE APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT Application No.: SGiIl--O b- IX) I OFFICE USE ONLY: Fee: $300.00 DateReceived:~'2.bZ)~ Receipt No.: _%5Sd: Note: This Fee is Non-Refundable Regardless ofthe CommissionlCC's Decision. Certified Plans Submitted: ( ) General Plan ( ) Minor Development Site Plan () () Major Development Site Plan Preliminary Plat kRRAI1ElJICA. LTD. / Hft7ecus 11. A-~(j/lJO/ /vi. D. , I Name L/o~ BAy CO{..{),J y DR. Lit PaRlE 1)( PH: 7/3 - ~ L./t'- ~3S 'I I ) Address 7157/ 1i-RRAMED/CA. L7D. f Legal Description: 1i/tCr513 of /R1tCl s:T (O.;).l),>/tE Pr 7R ~ B)IJ.P lI~el. Applicant: Business Name: Zone: pub /)OC7tJIC~ SIC# ~Oll Type of Business: OFFICE ~'7 ti ;J~ ~ Owner Authorized Agent A Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this -request. b) The grounds upon which I am making this request. * If applicant is NOT the owner, he must provide Autho~on to act on the Owner's behalf. 1~/q -~k ~~ ~ L1~ Date . Applicant's Signature Office Use Only . Date ofP&Z Public Hearing:."2- It ~I-z..oo f.p Recommendation: YorN City Council Meeting Date: Approved: YorN This application is: Approved () Denied ( ) Permit No. CLP Job# (if assigned): Conditions: Texas Import/Export Park Special Conditional Use Permit #SCU05-003 (Extension Request) Exhibits A. Commission's Action Request B. Aerial Map C. SCUP D. Application Extension of Special Conditional Use Permit #SCU05-003 Planning and Zoning Commission February 16,2006 Location of Proposed Change 2000 Block of Powell Road (South 16tn Street) Legal Description of Proposed Zoning Geo B. McKinstry, A-47; W.P. Harris Survey, A- 30; Johnson Hunter Survey, A-35; City of La Porte, Harris County, Texas Applicant Stuart Haynsworth, General Partner c/o Russell Plank, developer/a2ent Present Zoning Planned Unit Development (PUD) Acreage Approx. 342 acres Surrounding Zoning Planned Unit Development (PUD) and Light Industrial (LI) Land Use Map Ind ustrial/Com mercial Activity Proposed Industrial/Com mercial/Retail Summary: · The applicant is requesting that the City approve a one-year extension of Special Conditional Use Permit #SCU05-003 approved on March 28,2005. · Texas Import/Export Park is a pro~osed commercial/industrial development to be located along Powell Road (South 16 Street) between Union Pacific Railroad (UPRR) and State Highway 146 South. · The project has a General Plan and Developer's Agreement approved by the City. · The owner/developer amended some elements of the Development Agreement in anticipation of new developments or changes in the area. · Since, pending approval of the Special Conditional Use Permit, preliminary development plans were submitted, and subsequently no construction has occurred at site. · Recently, the developer/agent hired another consulting firm. The project engineer is working on the development proposals and infrastructure layout for the overall project. · Legal issues associated with the property and some unforeseen complications delayed the project, but the applicant expressed interest in developing the site. · Section 106-216 of the Code of Ordinances, and the approved Special Conditional Use Permit#SCU05-003, both define a one-year time frame for construction to begin for the subject development. · Failure to begin construction within one year voids the approved Special Conditional Use Permit unless an extension is granted by the Commission. · Section I 06-659( c) of the Code of Ordinances provides that the applicant may request an extension for one additional year, and the Planning and Zoning Commission may grant such extension. Extension request is attached as Exhibit. Recommendation: Staff reviewed the SCUP with the understanding that the developer shall follow an approved General Plan, Development Agreement, and all supporting documents contained therein for the implementation of this project. Covenants, deed restrictions, and property documents shall be submitted for approval by the City Attorney. Recognizing that there are complex issues associated with this development, staff recommends approval of one-year extension for the Special Conditional Use Permit #SCU05-003 previously presented to the Commission and City Council. ""," , , ~ I,""'" "'tf/ d ~\ ~ City of La Porte Special Conditional Use Permit #SCU 05-003 This permit is issued to: La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd., La Porte 146. Ltd. and Stuart Haynsworth. General Partner Owner or Agent 815 Walker, Suite 1435 Houston, Texas 77002 Address For development of: A 342 acre Planned Unit Development. known as Texas Import/Export Park. a mixed use development further defined by a General Plan prepared by Northrup Associates. Inc. The Planned Unit Development is further defined by a Development Aoreement between the Owner/Aoent listed above and the City of La Porte. This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Aoreement. Development Name Legal description: 342 acres of land out of the George B. McKinstry League, A-47; Willi~m P H~rri~ RIJrvey A-30' .Jnhn~nn Hllnter RIJrvey, A-35 ~nrJ more particularly described by "Exhibit B" - Development Aoreement. Zoning: The zoning for the tract i~ PI~nned Unit Development The permitted land uses for this Planned Unit Development are generally depicted on "Exhibit A" - General Plan of Texas Import/Export Park These permitted land uses are more specifically defined and/or restricted by conditions established in the Development Agreement Permit Conditions: 1. This SCUP does not go into effect until amended General Plan, revised Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 4. Said submittals shall be in accordance with this SCUP, the approved General Plan, and the future approved Development Agreement. 5. 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 one (1) year 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: 2-16-06 Director of Planning City Secretary 'V