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HomeMy WebLinkAbout08-17-06 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF AUGUST 17, 2006 Members Present: Pat Muston, Nick Barrera, Dottie Kaminski, Paul Berner, Doretta Finch, Hal Lawler (All. 1) Members Absent: Kirby Linscomb Jr., Claude Meharg, and Les Bird (Alt 2) City Staff Present: Planning Director, Wayne J. Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Shaye Bradley 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF JULY 20,2006, MEETING MINUTES. Motion by Dottie Kaminski to approve the Minutes of July 20, 2006. Second by Paul Berner. The Motion carried. Ayes: Nays: Abstain: Muston, Lawler, Barrera, Berner, Finch and Kaminski. None None 3. CONSIDER FINAL PLAT FOR PORT CROSSING TO BE LOCATED ALONG S. 16TH STREET (POWELL ROAD). The applicant, Russell Plank, Port Crossing Land, L.P. addressed the Commission. Mr. Plank requested the application for the Final Plat for Port Crossing to be located along S. 16th Street be withdrawn at this time. 4. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU06-005 FOR 46.141 ACRES OF LAND BEING RESERVE lOG" OUT OF 206.990 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 AS REQUESTED BY CLAY DEVELOPMENT AND CONSTRUCTION, INC., FOR DEVELOPMENT OF DISTRIBUTION CENTER II WITHIN THE UNDERWOOD BUSINESS PARK. Chairperson Muston opened public hearing at 6:03 p.m. A. STAFF PRESENTATION The Staff Report was given by Masood Malik, City Planner. The applicant, Clay Development & Construction Inc. has requested a Special Conditional Use Permit for development of an office/warehouse facility within Underwood Business Park, south of State Highway 225 along Old Underwood Road. Six notices of public hearing were mailed to adjacent property owners. The city did not receive any responses favoring or opposing approval. Planning and Zoning Commission Minutes of August 17,2006 Page 2 of6 Mr. Malik responded to questions from the Commission. Staff recommended approval of the special conditional use permit with conditions. B. PROPONENTS There were none. C. OPPONENTS There were none. 5. CLOSE OF PUBLIC HEARING. Chairperson Muston closed public hearing at 6:10 pm. 6. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU06-005 FOR 46.141 ACRES OF LAND BEING RESERVE "G" OUT OF 206.990 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 AS REQUESTED BY CLAY DEVELOPMENT AND CONSTURCTION, INC., FOR DEVELOPMENT OF DISTRIBUTION CENTER" WITHIN THE UNDERWOOD BUSINESS PARK. Motion by Hal Lawler to recommend to City Council, approval of Special Conditional Use Permit #SCU06-005 for 46.141 acres of land being Reserve "G" out of 206.990 acres of land located south of State Highway 225 along Old Underwood Road, with the following conditions: 1. This Special Conditional Use Permit (SCUP) is not applicable to any specific development anticipated or proposed by the General Plan. 2. 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, conditions & restrictions (CCRs). 3. Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office/warehousing facility. 4. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the plans. 5. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. 6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Planning and Zoning Commission Minutes of August 17,2006 Page 3 of6 Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Muston, Lawler, Barrera, Berner, Finch and Kaminski. None None 7. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU06-006 FOR APPROXIMATELY 300 ACRES OF LAND LOCATED ALONG S. 16TH STREET (POWELL ROAD) IN THE GEORGE B. MCKINSTRY SURVEY, A-47; WILLIAM P. HARRIS SURVEY, A-30; JOHNSON HUNTER SURVEY, A-35; LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY RUSSELL PLANK, PORT CROSSING, LAND L.P., FOR PROPOSED DEVELOPMENT OF PORT CROSSING. Chairperson Muston opened public hearing at 6: 11 pm. A. STAFF PRESENTATION The Staff Report was given by Wayne Sabo, Planning Director. The applicant, Russell Plank has requested a Special Conditional Use Permit for development of an office/warehouse facility within the proposed business industrial park to be located along S. 16th Street. The Commission and staff discussed a few changes to be made to the permit conditions. B. PROPONENTS Russell Plank, the applicant, addressed the Commission. Mr. Plank addressed issues regarding additional truck traffic, the role of the property owner's association, acceleration and deceleration studies, and signalization. C. OPPONENTS Fran Strong, of 2711 Crescentview, addressed the commission with concerns of additional traffic going south of State Highway 146 from the Port Crossing Development. Mrs. Strong had major concerns that additional traffic would cause an increase in accidents in the area. Mrs. Strong suggested a signal light be installed at this location to avoid any further accidents. 8. CLOSE OF PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:40 pm. 9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU06-006 FOR APPROXIMATELY 300 ACRES OF LAND LOCATED ALONG. 16TH STREET (POWELL ROAD) IN THE GEORGE B. MCKINSTRY SURVEY, A-47; WILLIAM P. HARRIS SURVEY, A-30; JOHNSON HUNTER SURVEY, A-35; LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY RUSSELL PLANK, PORT CROSSING, LAND L.P., FOR PROPOSED DEVELOPMENT OF PORT CROSSING. Planning and Zoning Commission Minutes of August 17, 2006 Page 4 of6 Motion by Nick Barrera to recommend to City Council, approval of Special Conditional Use Permit #SCU06-006 for approximately 300 acres of land located along S. 16th Street (Powell Road) with the following conditions: 1. This SCUP is applicable to specific development anticipated or proposed by this General Plan. 2. 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, and building plans, etc. In addition, this SCUP supersedes Special Conditional Use Permit #SCUOS-003. 3. This SCUP has exhibits and the Development Agreement, Covenants, Conditions, and Restrictions (CCRs) are part of this SCUP. 4. Submittals shall be in accordance with the SCUP, the approved General Plan, and the 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. Second by Dottie Kaminski. The motion carried. Ayes: Nays: Abstain: Muston, Lawler, Barrera, Berner, Finch and Kaminski. None None 10. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, RELATED TO PROPOSED ARCHITECTURAL STANDARDS WITHIN TAX INCREMENT REINVESTMENT ZONE #1. A. STAFF PRESENTATION The Staff report was given by Masood Malik, City Planner. Five notices of public hearing were mailed to adjacent property owners. The city received one response favoring approval. B. PROPONENTS Traci Koenig, with Port Crossing Land L.P., addressed the commission and presented a power point presentation that had visual examples of building requirements for the proposed Architectural Standards Amendment. C. OPPONENTS There were none. 11. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 7:27 pm. .------------.---.-----------.-- .-.-.---.-.----..- Planning and Zoning Commission Minutes of August 17,2006 Page 5 of6 12. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, RELATED TO ARCHITECTURAL STANDARDS WITHIN TAX INCREMENT REINVESTMENT ZONE #1. Motion by Nick Barrera to recommend to City Council approval of an amendment to the Zoning Ordinance by amending the Code of Ordinances Chapter 106, related to Architectural Standards within Tax Increment Reinvestment Zone #1 as follows: See 106-680. Exterior Building Designs The material used on the exterior fayade of all commercial and industrial buildings within the City's TIRZ No. 1 shall conform to the requirements below and in accordance to the appropriate zoning district, land uses, and visibility of the site. (a) Minimum exterior wall standard for any building visible from a major thoroughfare or directly abutting residential development shall be 100% masonry or glass, e.g. brick, stone brick veneer, tilt wall, decorative or textured concrete block, split face block, stucco, and EIFS (Exterior Insulation and Finish systems). (b) All nonconforming structures must come into compliance with the above standards whenever a permit is desired and under review per Sections 106-262 and 106-268 of this ordinance. Any pre-existing building which is required to conform to this section shall have front fayade 100% masonry or glass, side/rear 50% masonry or glass Landscaping: Minimum 10% Second by Dottie Kaminski. The motion carried. Ayes: Nays: Abstain: Muston, Lawler, Barrera, Berner, Finch and Kaminski. None None 13. TRAINING SESSION II - OPEN MEETINGS ACT Commission members viewed a training video related to open records. 14. ADMINISTRATIVE REPORTS New Business · Chili's Restaurant - To be located at Somerton and Spencer will be submitting their Site Plan within the next week. · Value Place Hotel - Site plan being reviewed by Staff. · Shell Federal Credit Union - To be located on Spencer west of Bay Area Boulevard, site plan being reviewed by Staff. 15. COMMISSION COMENTS There were none. Planning and Zoning Commission Minutes of August 17, 2006 Page 6 of6 16. ADJOURN The meeting adjourned at 8:58 pm. Submitted by, Pat Musto Chairperson, Planning and Zoning Commission Zone Change Request #R06-00 1 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Main Street District Map F. Application G. Public Notice Response Zone Change Request #R06-001 Planning and Zoning Commission September 21, 2006 Location of Proposed Change 200 Block of North Iowa Street Legal Description of Proposed Zoning 0.65 acre being lots 1 thru 9, block 412, Town of La Porte, Johnson Hunter Survey, A-5, La Porte, Harris County, Texas. Applicants RoelofK. and Judy F. Nieuwenhuis Present Zoning General Commercial (GC) Proposed Zoning Main Street District (MS) Surrounding Zoning North Planned Unit Development (PUD) East General Commercial (GC) South Main Street District (MS) West General Commercial (GC) Land Use Plan Public Use Activity Proposed Residential/Commercial Summary: · The applicants are requesting a zone change from General Commercial (GC) to Main Street District (MS) for mixed use residential/commercial use. · The subject property is located at the northeast comer of Iowa and Polk Street, which serve as main access to the tract. · The property is undeveloped and is triangular shaped. The property does not meet the City's commercial area requirements, e.g. setbacks, parking, detention, and lot coverage etc. · The City may include adjacent property on block 411 for the same zoning classification to be consistent with the zoning district boundaries on the zoning map. · The subject property is in the vicinity of main street district mixed with residential, commercial and industrial facilities along North Broadway. · The area is earmarked for public uses in the Land Use Plan. · The overall impact on public services should be minimal. · Streets/roads may have adequate capacity to handle the traffic generated by this development. Recommendation: · The requested change is compatible with the zoning and uses of nearby properties. · The change will allow the owners to develop the tract for mixed use residential/commercial purposes. · The development within the subject tract will not negatively impact the surrounding properties and will not harm the value of the nearby properties. · In addition, it will not have significant impact on the traffic conditions in the area. Staff recommends approval of the zone change request. Actions required by the Commission: · Recommend to Council approval of this rezone request for lots 1-9, block 412 from General Commercial to Main Street District. · Recommend to Council approval of rezone request to include both blocks 412 and 411. · Recommend to Council denial of this rezone request from General Commercial to Main Street District. · Table this item for further consideration by the Commission. &iXHIBn A ~ >.,...'''''-~-~.,...~._-_._---- R-2 Nil I BW,,-I S PUQ R-2 PROPOSED REZONE FROM GC TO MSD R-1 -,,,,- R-1 R-1 ~ "' . """-'~'.'~''''-~'''''~'''''"""",_'"~_'_~M__.__,___",,,.",_. R06-001 IXHIBIT C Staff Report Zone Change Request #R06-001 September 21,2006 ReQuested by: Judy F. & Roelof K. Nieuwenhuis ReQuested for: Lots 1 thru 9, Block 412, Town of La Porte, Johnson Hunter Survey, A -5, La Porte, Harris County, Texas. Location: 200 Block of North Iowa Street Present Zonin2: General Commercial (GC) ReQuested Zonin2: Main Street District (MS) Surroundin2 Zonin2: North - Planned Unit Development (PUD) South - Main Street District (MS) East - General Commercial (GC) West - General Commercial (GC) Back2round: The property in question consists of approximately 0.65 acre of vacant land, described as Lots 1 through 9 in Blocks 412, Town of La Porte, Johnson Hunter Survey, Abstract No.5, La Porte, Harris County, Texas. The property is located one block east of North Broadway and Iowa Streets. The subject tract is adjacent to the Main Street/Overlay District, a Zoning District created in November 2004. The area identified as the District is one block deep both north and south of Main Street from State Highway 146 to Broadway (referred to as Five Points) and extending one block north to First Street and one block south to A venue A with the inclusion of Virginia and Broadway two blocks south to Avenue B. Within the district is an overlay portion that extends from SH 146 to Kansas and includes one half blocks north to the alley between First Street and Main Street to one half blocks south to the alley between Avenue B and Main Street. (Map attached) The Main Street District needed regulations that had more flexibility than any of the zoning classifications allowed. The end result was a mixed-use zone allowing commercial and residential activities. The interior of this district, however, had some unique characteristics that needed additional 4IXHlerro #R 06-001 P&Z 9/21/06 Page2of5 ._-,.,~'----_._._.~._---,._...._~..,._._,---_._,.._._-.--..---- considerations, so an overlay district was created where residential activities were allowed only above the first floor. In addition, the intent was to preserve the value and character of the original Main Street area of La Porte and keep single-family detached intact within the boundaries of the Main Street District, but outside of the overlay. Almost all of the uses allowed in the General Commercial District were also permitted in the Main Street District. The main difference is the mixed use of the district. Within the Main Street District, residential activities would be allowed to coincide with commercial activities. There would be a prohibition of mini storage warehousing and laundry plants within the district and special conditional use permitted activities would still be required as in commercial and residential districts. Some examples are churches, special clubs or civic organizations, hospitals, clinics, etc. While reviewing this request, staff discussed the following: · Shape of the tract · Setbacks & lot coverage · Parking & detention · Rezoning The subject tract is triangular shape. Standard setbacks applicable in the General Commercial zoning district are 20' front, 10' rear, and 10' sides, if adjacent to public right-of-way. In addition, the maximum lot coverage allowed is 40%. In order to have a commercial establishment, parking would be required in compliance with Section 106-839 of the Code of Ordinances, and the number of parking spaces would be determined subject to the commercial use. The number of parking spaces required for any business is a minimum of four regardless of building or use size. The City's drainage criteria requires on-site detention. The tract in question comprises only 0.65 acre. If rezoned to the Main Street District, the tract will have a better chance to develop as residentiaVcommercial with the flexible zoning regulations applicable to the Main Street District. The City is including adjacent block 411 to this proposed zone change in order to provide for the grouping of land parcels for development as an integrated unit and to sustain consistency with the Zoning Map. It is further intended that the Main Street District boundary will be extended just one block north adjacent to the Planned Unit Development (PUD) zone. Using this scenario, the applicants are requesting to rezone the property from General Commercial (GC) to Main Street District (MS), where residential (single-family detached) and commercial uses of the property are permitted. #R 06-001 P&Z 9/21/06 Page3of5 Analvsis: In considering this request, Staff reviewed the following elements of the Comprehensive Plan. Land Use - The City's Land Use Plan indicates this area developing with public uses. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered in approving or denying a rezoning 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. The subject property is surrounded by mixed use developments (residential, commercial, and industrial). Based on the criteria established for the Main Street District and the applicant's intent, request of the subject tract has merit. Public use as per Land Use map is made in error. Streets - The subject tract is at the northeast corner of Iowa and Polk Streets. A portion of these streets are unimproved. The main access to the property will be through these streets to be improved by the applicant once the frontage is determined. All streets and alleys within and around the blocks are open. The property being located near Main Street and North Broadway provides more than adequate accessibility for circulation of traffic. 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 #R 06-001 P&Z 9/21/06 Page 4 of5 Conclusion / Recommendation: accommodate the water and sanitary sewer needs of the property development. The storm water drainage issue will be reviewed with the site development plan. 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 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 may no longer be able to be used for commercial use due to site constraints mentioned above. A residence, business or combination of the two on the property, as allowed in the Main Street District, will be an appropriate use. The best use review option by the applicant reveals that the subject site would be better served by the proposed rezone, which would blend into an existing use of property to the east, west, and south of this tract. In addition, the applicant's existing business is adjacent to this property along East Main Street. Based on the above analysis, staff finds the requested change conforms to the Main Street District zoning and uses of nearby properties and is suitable for the requested change to the Main Street District, allowing mixed use development. Development within the subject tract should not negatively impact the surrounding properties nor harm the value of nearby properties. The zone change should not have a significant impact on traffic conditions in the area and utilities can support future developments. From the information provided by the applicants, the requested zoning would represent the highest and best use of the property. Granting the requested change should not be contrary to the goals and objectives of the Comprehensive Plan. Staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from General Commercial to Main Street. In addition, the Planning and Zoning Commission may choose to extend Main Street zoning to adjoining property on Block 411 for consistency with the district boundaries on the zoning map. Actions available to the Commission are listed below: · Recommend to Council approval of this rezoning request, for lots 1- 9 of block 412 from General Commercial to Main Street District. #R 06-001 P&Z 9/21/06 Page5of5 · Recommend to Council approval of a rezone request to include both blocks 411 and 412 from General Commercial to Main Street District. · Recommend to Council denial of this rezoning request from General Commercial to Main Street District. · Table this item for further consideration by the Commission. ~1Bn' E City of La Porte Es tablished 1 892 APPLICATION FOR ZONE CHANGE REQUEST OFFICE USE ONLY: FEE: $ 300.00 Application No.: Date Received: Receipt No.: O~ ~ () 0' I 51 -2-'7,-(j~ 1~1~2,Cj ( ) Site Plan ( ) Minor Development Site Plan ( ) Major Development Site Plan ( ) General Plan ( ) Site Plans Submitted on Appliant's Name: Roelof K. Nieuwenhuis and Judy F. Nieuwenhuis Address: 319 East Main St. LaPorte, TX //~/1 Dare: August 28, 2006 Ph: (281) 471-3807 Signature: Owner's Name: Roelof K. Nieuwenhuis and Judy F. Nieuwenhuis 319 E. Main St. Address: LaPorte, TX 77571 Ph: (281) 471-3807 Property Legal Description: Lots 1 thru 9 Blk 412 () See Attached of LaPorte Addition, an Addition in Harris I AM THE OWNER OF THE HEREIN DESCRIBED N/A IS AUTHORIZED TO FILE THIS P Date: Augus t 28, 2006 Signature. Main Street Zone: GC Requesred Zone Change: District SIC No: Proposed Usage: Residence I Business, or a combination of the two on the prnpArt-v ;::"':; allowe~ i.... tho ....Qv. ]14",;.,.., ~+-r~o+- ni~t""i""+- OFFICE USE ONLY 1) Planning & Zoning: (a) Preliminary Meeting - (b) Public Hearing/Mtg. - Recommendation: Applicant Notified of Date(s): ( ) 1st Mtg. Adjoining Property Owners Notified: ( ) 2nd Mtg. 2) City Council: (a) Regular Meeting - (b) Public Hearing/Mtg. - Adopted by Amendment Ord. #1501 - Approved ( ) Denied () a1i18lr F rll [1.",,111:;. I'lr,'r-~ T,,'cl,,:-:-:;7:-lll'). i7l,).171_"t"\:(l A Meeting of the La Porte Planning; & Zoning; Commission (Type of Meeting) Scheduled for September 21, 2006 (Date of Meeting) to Consider Rezone Request #R06-001 (Type of Request) I have received notice of the above referenced public hearing. I am in FA VO R of granting this request for the following reasons: The size and location of the property is better suited for the Main Street District than General Cornrnerlcal. The property is located behind our current location, Roelof's Antiques & Restoration, and we are considering future development of the property within the guidelines of the Main Street District. I am OPPOSED to granting this request for the following reasons: Roelof Nieuwenhuis J ieuwenhuis 319 E. Main St. LaPorte, TX 77571 Address LaPorte, TX 77571 City, State, Zip . ..,._, "".":;j _'w..., " ----....'.- ~ \. o-ri r-~:-::. f"i \, ~'\ 'c: '. \"\ \ \, ,;::1 i ;": l \ \ \ \ '~~ 'i U J -",' I \ \ ,\ lUll \ S E P 2 1 2.00 6, \,' lJ.JI. \ \ \.~.J U By --:;:::::::::::::::~..:::::=.:::::::'. Zone Change Request #R06-002 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Large Lot District Map F. Application G. Public Notice Response Zone Change Request #R06-002 Planning and Zoning Commission September 21, 2006 Location of Proposed Change Lots out of F.A. ST AASHEN Subdivision, Enoch Brinson Survey Legal Description of Proposed Zoning 9.37 acres of land, being TRS 351A and 352A, TR 8D-l, Lots 350 & East Yz of Lot 331, and TR 8C-l, F.A. ST AASHEN Subdivision, Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. ADDlicant Joseph E. Brown (PhiliD Services) Present Zonin!! Lan!e Lot Residential District (LL) Requested Zoning Light Industrial (LI) Acreage to be Rezoned Approx. 7.63 acres Surrounding Zoning North Light Industrial (LI) East Large Lot District (LL) South Large Lot District (LL) West Lar!!e Lot District (LL) Land Use MaD Low Densitv Residential Activitv Proposed Parkin!! for Truckin!! Terminal Summary: · The applicant seeks a rezone from Large Lot Residential District (LL) to Light Industrial (LI). · The purpose of rezoning is to provide for parking and storage of truck trailers and chassis. · The City's Land Use Plan shows the subject tracts developing as low density residential. · Major industrial establishments, e.g. Louisiana Chemicals and Sulzer/Hickham Inc., are located just north of the subject property. · As per physical location of the site, the property is difficult to develop. · There is no access to the subject tracts. Only approach would be through a bridge constructed over HCFCD FlOl drainage channel to the south. · In addition, a dedication of drainage easement for FlOI (a total of 140' wide) shall be required. · A portion of the subject tract (1.75 acre) is located just south of the drainage channel. Staff suggests this tract should be excluded from the requested zoning. · The drainage channel will serve as a natural buffer between residential and industrial districts. · The effect of the change from Large Lot to Light Industrial should not have an adverse impact on the surrounding properties. · Infrastructure may not be affected by this change. Recommendation: Staff recommends approval of the zone change request #R06-002 with the following considerations: · The purpose of rezone request is to expand or enlarge existing operation at the adjoining property. · Requested change is compatible with the zoning and uses of abutting properties. · Change from Large Lot to Light Industrial could be considered as viable for the development of the subject tract north ofthe FlOI Channel. Actions required by The Commission: · Recommend to Council approval of this rezone request from Large Lot to Light Industrial as submitted. · Recommend to Council approval of the request excluding the 1.75 acre tract. · Recommend to Council denial of this rezone request from Large Lot to Light Industrial. · Table this item for further consideration by the Commission. IXHtBlT A Legend :1-". ~_...i CityLimits - DrainageChannels Zoning Zoning (R-1) Low Density Residential (R-2) Medium Density Residential (R-3) High Density Residential _ (MH) Manufactured Housing _ (GC) General Commercial _ (NC) Neighborhood Commercial (PUD) Planned Unit Development (BI) Business Industrial .. (L1) Light Industrial _ (HI) Heavy Industrial _ (MS) Main Street District (MSO) Main Street District Overlay (LL) Large Lot District MONUMENT ~ Z SAN JACINTO ~ )> R-1 z ~ DEAF SMITH BOIS DARC N w s F101-00-00 R1 BAY VISTA ~ r- r- rn -< S rn ~ R06-002 1XH181T C R-1 Staff Report September 21,2006 Zone Change Request #R06-002 Requested by: Joseph E. Brown, Manager, Transportation Projects, Philip Services, on behalf of Air Products, L.P., the property owner Requested for: 9.3817 acres, part of lots 331,350,351, and 352, La Porte Outlots in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Location: State Highway 225 & North P Street Present Zonin!!: Large Lot Residential (LL) Requested Zonin!!: Light Industrial (LI) Surroundin!! Zonin!!: North - Light Industrial (LI) South - Large Lot District (LL) East - Large Lot District (LL) West - Large Lot District (LL) Back2round: The property in question is a 9.37 -acre tract of undeveloped land, described as TRS 351A, 352A, TR 8D-l, Lots 350 & East Y2 oflot 331 and TR 8C-l, F.A. STAASHEN Subdivision, Enoch Brinson Survey, A-5, La Porte, Harris County, Texas. The subject tract is located just south of Louisiana Chemical and Philip Services along State Highway 225. A 7.63 acre tract of land bisecting a 40' wide pipeline easement is located north of an existing 40' wide drainage easement running east and west. In addition, the 1.75 acre tract is located to the south a of drainage easement. The property is surrounded by Exxon Pipeline to the East, an undeveloped tract of land owned by Louisiana Chemical to the West, Louisiana Chemical and Philip Services along State Highway 225 to the North, and a drainage ditch with large lots owned by various private owners along North P Street to the South. The property is strategically landlocked and located in the vicinity of industrial developments. City Council created the Large Lot Zoning District in 2005. All of the properties previously zoned Low-Density Residential (R-l) and Medium Density Residential (R-2) in the area are now classified as the Large Lot District (LL). The Large Lot proposal was submitted as a method to keep the area rural in nature and as a protection of the privilege to own and keep large animals. In addition, there was a fear that animal grazing or breeding activities would be lost if normal residential were allowed. The Large Lot District designation for the subject tracts were assigned to undeveloped land. IiXHlBtT D #R 06-002 P&Z 9/21/06 Page 2 of 4 The applicant is seeking this rezoning to Light Industrial for parking and enlargement of the existing facility at 11110 State Highway 225. The intent here is to extend the requested zoning up to the drainage ditch to enlarge/expand trucking yard for storage of trucks and chassis. The Light Industrial zoning should be compatible with the existing zoning designation of the present facility. The subject tract has natural buffers: an existing drainage ditch to the west, and south, and an Exxon Pipeline to the east. However, staff suggests that a portion of the subject tract (1.75 acre) south of the drainage ditch not be included as part of this rezoning, thereby allowing the drainage ditch to serve as a natural buffer between the residential and industrial zoned properties. Analvsis: In considering this request, Staff has reviewed the Development Ordinance as well as elements of the Comprehensive Plan. Land Use - The Land Use Plan indicates this area is envisioned as developing as low density residential. The tract in question is within the vicinity of various industrial establishments along the State Highway 225. 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. Streets - The property is located approximately 1500' south of State Highway 225 and nearly 1000' north of North P Street. Currently, this #R 06-002 P&Z 9/21/06 Page 3 of4 property is landlocked and has no street access. The only access is from the adjoining properties to the North. Access from North P Street could be provided via bridge constructed over the drainage ditch. Feasible development of this tract is only through north properties along State Highway 225. Traffic circulation and parking will be reviewed with the site development plans submittal. Since trucking movement is the primary function of this facility, internal roadway and parking shall be designed and constructed in conformance with the City Standards. Utilities - Public facilities and services are sufficient to handle the supply of potable water and fire protection along State Highway 225. 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. There is an existing 40'wide drainage easement for the FlOI drainage Channel that is planned to be expanded to 140' wide. Dedication of additional drainage easement shall be required through a separate instrument or platting. Development Strategy - The highest use analysis presented 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. Based on the above analysis, staff finds the requested change should conform to the zoning and uses of nearby properties. The tract in question is suitable for the requested change to LI. Development within the subject tract should not negatively impact the surrounding properties nor 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. Conclusion! Recommendations: The applicant has demonstrated that the requested zoning would represent the highest and best use of the property. Granting the requested change should not be contrary to the goals and objectives of the Comprehensive Plan. Staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from Large Lot to Light Industrial. In addition, staff suggests a 1.75 acre tract south of the drainage ditch not be included with this rezone request. Actions available to the Commission are listed below: · Recommend to Council approval of this rezoning request from Large Lot to Light Industrial as submitted. #R 06-002 P&Z 9/21/06 Page 4 of 4 · Recommend to Council approval of the request excluding the 1.75 acre tract. · Recommend to Council denial of this rezoning request from LL to LI. · Table this item for further consideration by the Commission. ~ ~ o ~ ~ ~ A.~~ ~ ~ ~ ~ ~ ~ ~ :: {E- '0 ~ ~r re ~ ~ g ~ ~ ~ ~ ~ U'" .1:lIlI.1SIO .101 3911Vl 3il:lOd V1 ::10 Ail:> G) w ~z..;- 00'" a._0 UlU"l :5:;0 _r- "-0";- o ' >-~a:: t:~N u 1XHf81T E 9- 1-06; 2: 14AM; HU~.~l.~~~b 11:~~HM CU~~MRN ~ WH~rl~LU :6107067480 # 2/ 2 NO. 155 P.2/3 City of La Porte Established 1892 OFF-ICB nSE om .V: APPLICATION FOR. ZONE CHANGE REQUEST AppUca.tiQIl N,o.:Ro(, - ()(Jol FEE~ s; 3QC,aQ Oat= llec=ived: '1-1'" 0 b Receipt No.: l'2 't 7 a. '1 ( ) Site Plan ( ) :Minot Developm\mt S!~ Plan ( ) Major Development Site PIM () G~nera1.Plp.n () Site Plans Submi!:te4 an ---> Appliant's Name: IFs-~~), r ProcW /</ ~ - nu ~-' . Address: ~'//t.2 ~~~ ~;;;t Ph: ;?~ Y7/ 9icJ ) ]).~ y~. $ena-' # f~ Owner's Nam~ '4 -Ir /J.() /vct.! . L . jJ. . Address: ~//<NkA/ArI /]1. / Pb: 6/() ~cY/ ::ZS oS l'topott:y Legal Dc:soripticn: . Air Products, L.P. is 1'"*M TaB OWNER OF TB:a HEREIN PESCRlBED PROPERTY AliD IS AlTIBORlZEDTOflLBUllS ~MY~' Pate: 31 August 2006 . ' . Signature: . 0. ~ . Il.. /.-r For: Air Products, L.P. Zone; '-4 .R~quested Zone ChiUl~e: L,..J....... SIC Na: 7699 ~;-1/~j . . OFfICE USE ONLY ~ See A.F42Cbed. PrQposed USj1ge; ~. 1) Planning & Zoning~ (a) Prdiminary Meeting. (b) PulUic Hwing/Mtg, .. Recommendation: Awlican~ Notified of Date(s): ( ) lst M~g. Adjoining Property Owners Notifiea: ( } 2nd Mtg. 2) City Council: (a) Regular MeePng ~ (b) Publle UearirIgJlv1!:g. - Adopted by Amen4ment Qrd. #150 1 ~ Approved ( ) Denied () rl"lI\l,,,lll!1;. l..rl'r'.Tl'o(;I~~~'ii!.III~. lilil-lil."Mi'I dHlBfF F A Meeting of the La Porte Planning- & Zoning Commission (Type of Meeting) Scheduled for September 21, 2006 (Date of Meeting) to Consider Rezone Request #R06-002 (Type of Request) I have received notice of the above referenced public hearing. f' I am in FA VO It of granting this request for the following reasons: I a~PPOSED to granting this request for the following reasons: . cYJ?~ ~pU 1'~~ ~ .dPR ~ ~ %tJn?w ~. //3/5 dIolL/lf ~are;>; ------ . ~~_~ Ix~ City, State, Zip /? ST. 1751; rv~@[EOW~~ W SEP 1 4 2006 ~ i.t>>ffSIT G Architectural & Building Standards (Workshop) Exhibits A. Staff Report B. Thoroughfare Plan Staff Report September 21,2006 ARCHITECTURAL & BUILDING STANDARDS Back2round: Mayor and City Council has directed staff to consider adding architectural and building standards (exterior) to Chapter 106 ofthe Code of Ordinances. The purpose is to enhance the overall impression of the City, to have quality developments along major thoroughfares, and eventually attract new sustainable businesses to La Porte. Recent developments have generated preliminary discussion on possible controls on architectural standards or fa<;:ade on buildings fronting the major corridors or thoroughfares throughout the City. These discussions centered on the Main Street District as a way to facilitate interest in redevelopment of the Downtown area. Issues arose over the proliferation of metal buildings along the City's major access ways, which may detract from upscale development and negatively impact prospective developments. Staff analyzed the situation thoroughly and presents this item to the Planning and Zoning Commission for discussion and further guidance in order for possible changes to the Code of Ordinances relating to architectural and building standards in La Porte. Existine: Reauirements: Current ordinances allow some controls to be included with Special Conditional Use Permits (SCUP) associated with uses listed as "conditional" within certain zoning districts and for construction within Planned Unit Developments (PUD), which normally follow with some form of developer's agreement, e.g. Port Crossing. No such control, however, is associated with construction of a development whose use is "permitted by right" within a certain zoning district. Available provisions are that the building must meet current building codes, but the City has no tools to enforce architectural and building standards or dictate fa<;:ade material. Sue:e:ested Reauirements: The following standards shall apply to buildings located within designated areas: 1. Architecture shall be anchored by traditional elements and materials with the primary material being brick, concrete, rock and/or glass. Exterior Finish Installation System (E.F.I.S.), stucco, concrete, stone, glass, and tile elements may be introduced as exterior design elements, accents or trim, clay-faced brick shall be used on at least 50% of the exterior building skin - a minimum of 4' in height in the same material. ~HfBIT A Planning & Zoning Commission September 21, 2006 Page 2 of3 2. The use of pitched roofs or architectural elements with pitched roofs is required for all buildings. 3. Buildings and structures shall be finished on all sides. For areas hidden from public view, concrete block and other masonry materials may be used if painted to match the primary material on the front. 4. The basic design of a building shall generally consist of geometric forms of a distinguished, suburban, and traditional nature. 5. Permitted traditional decorative elements on building such as canopies, wrought iron, doors and trim shall be selected from earth tones. Earth tone colors include black, tan, olive, sand, forest green, beige, and gray. Accent colors shall conform to these colors. 6. Outside storage areas, loading docks and delivery areas shall be positioned out of view of adjacent property and public street rights-of-way whenever possible and shall be screened as may be required by the ordinance. Prohibited Exterior Materials: The following construction materials and details may not be on the exterior of a building: · Corrugated materials used as walls · Concrete cinder block, provided that painted cinder block may be used at rear of buildings not backing a street used by the public · Bright, glossy, primary colors on major building elements · Exterior neon lighting · Roof mounting mechanical or other equipment which is visible from the ground within a distance of 1,000 feet · Any back lit or internally lit panel or awning. Conclusions: The 2020 La Porte Comprehensive Plan shows a consensus by the citizens that all existing and future commercial developments are attractive, highly utilized, and without negative influence on adjacent residential uses. The appearance of visually intrusive structures should be minimized. This avoids visual blight, and allows an aesthetic experience that has intrinsic value and that also fosters an identity associated with the City as a community and reduces stress by maintaining an attractive visual environment within which to live, work, and recreate. Planning & Zoning Commission September 21, 2006 Page 3 of3 Several cities in the area have approached this issue by adopting exterior building design standards, which define standards to be used on new construction fronting major thoroughfares. Typically, these ordinances mandate the use of a combination of brick, masonry and glass to a certain percentage to achieve the desired effect. Staff seeks input and guidance from the Commission in order to address architectural and building standards for non-residential buildings in commercial and industrial zones along major thoroughfares in La Porte, i.e., State Highway 146, State Highway 225, Fairmont Parkway, Spencer Highway, Barbour's Cut Boulevard, Underwood Road, and Bay Area Boulevard.