HomeMy WebLinkAbout10-19-2006 Regular Meeting of the La Porte Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
MINUTES OF OCTOBER 19, 2006
Members Present:
Pat Muston, Nick Barrera, Dottie Kaminski, Paul Berner, and Doretta
Finch
Members Absent:
Kirby Linscomb Jr., Claude Meharg, Hal Lawler (Alt 1) and Les Bird (Alt
2)
City Staff Present:
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 SEPTEMBER 21,2006, MEETING MINUTES.
Motion by Dottie Kaminski to approve the Minutes of September 21, 2006. Second by
Paul Berner. The Motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, Finch and Kaminski.
None
None
3. ADMINISTER OATH OF OFFICE TO REAPPOINTED MEMBERS PAT MUSTON, NICK
BARRERA AND KIRBY LINSCOMB, JR.
Assistant City Attorney Clark Askins administered the Oaths to Chairperson Pat Muston
and Commission Member Nick Barrera. Commission Member Kirby Linscomb Jr. was
not present.
4. 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 EXTERIOR BUILDING DESIGN STANDARDS FOR
ALL COMMERCIAL/INDUSTRIAL DEVELOPMENTS IN BOTH GENERAL
COMMERCIAL AND BUSINESS INDUSTRIAL ZONING DISTRICTS ALONG MAJOR
THOROUGHFARES.
Chairperson Muston opened public hearing at 6:05 pm.
A.
STAFF PRESENTATION
The Staff Report was given by Masood Malik, City Planner. City Council
has expressed an interest in developing exterior building design
standards by amending Chapter 106 (Zoning) of the 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 business to La Porte.
Planning and Zoning Commission
Minutes of October 19, 2006
Page 2 of 3
B.
PROPONENTS
There were none.
C.
OPPONENTS
Sue Gayle Mock Kooken, of 410 S. 1 st St., addressed the Commission
opposing the Amendment to the Zoning Ordinance for Architectural
Standards. Mrs. Kooken voiced concerns regarding established
business owners of the City of La Porte not being able to afford Masonry
Buildings if something were to happen to their present structures and
that the new standards would possibly affect the preservation of the
historical district and the Main Street District.
5. CLOSE OF PUBLIC HEARING.
Chairperson Muston closed the public hearing at 6:30 pm.
6. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT
TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES
CHAPTER 1 06, RELATED TO PROPOSED EXTERIOR BUILDING DESIGN
STANDARDS FOR ALL COMMERCIAL/INDUSTRIAL DEVELOPMENTS IN BOTH
GENERAL COMMERCIAL AND BUSINESS INDUSTRIAL ZONING DISTRICTS
ALONG MAJOR THOROUGHFARES.
Motion by Nick Barrera to recommend to City Council approval of a revised version of the
proposed amendment to the Zoning Ordinance as it pertains to the Exterior Building
Design Standards with the revision to exclude the Main Street District and the Historical
District from the requirements. Second by Paul Berner. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Berner, Barrera, Kaminski and Finch
None
None
7. ADMINISTRATIVE REPORTS
Masood Malik
· Wayne Sabo, Planning Director, is attending the APA conference in Corpus
Christi.
· Port Crossing is moving forward with development. S. !6th Street will be
closed from October 11, 2006 to March of 2007.
· Chili's Restaurant received their permit from TABC.
· Value Place Hotel-1506 W. Fairmont-Site Plan under review.
· Quality Inn and Suites-11003 W. Fairmont-Site Plan under review.
· Underwood Business Park has a plan for a new building and there will be a
Special Conditional Use Permit request at the next meeting.
8. COMMISSION COMMENTS
There were none.
9. ADJOURN
The meeting was adjourned at 6:40 pm.
Planning and Zoning Commission
Minutes of October 19, 2006
Page 3 of 3
Shaye Bradl
Secretary, Planning and Zoning Commission
Approved on this II 0
&!~
Chairperson, Planning and Zoning Commission
day of MVQiYltt(;006.
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OATH OF OmCE
k\r-~ ,lt1StOmb/Jfdo solemnly swe
. fai lly e ecute the dutIes of the office of '
, of the City of La e,
State of Te , 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 orindirectly paid,
offered, or promised to contnbute any money, or valuable thing, or
promised any public office or employment, as a reward to secure my
appointment or the confinnation thereof. So help me God.
Sworn to and SUbsc~re me'this the
f\~8\1{)m , .
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day of
@~DEME1RIUS
Mv CommIIIlOn ExpInII
.. . september 1', 2010
Notary Public in and for the
State of Texas
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Retreat at Bay Forest South
Replat
Exhibits
A. Commission's Action Request
B. Aerial Map
C. Zoning Map
D. Staff Report
E. Plat
Retreat at Bay Forest North South - Replat
Planning and Zoning Commission
November 16,2006
Location of Subdivision South Broadwav (Old Hie:hway 146)
Legal Description TR A5, W. P. Harris Survey, Abstract-30, La
Porte, Harris County, Texas.
Applicant Don Meeks (Retreat at Bav Forest, L.P.)
Present Zonine: Low Densitv Residential (R-l)
Requested Use Single-Family Dwellings
Acreage 3.5804 acres
Surrounding Zoning North Low Density Residential (R-l)
East Low Density Residential (R-l )
South Neighborhood Commercial (NC)
West Planned Unit Development (PUD)
Land Use Map Residential
Activity Proposed Residential
Summary:
· The owner/developer is requesting approval of a replat for the proposed
Retreat at Bay Forest South Subdivision to be located along South
Broadway.
· The applicant is proposing ten single-family residential lots in the subdivision.
Corresponding densities equal to 4.8 dwelling units per acre, which is in
conformance with the ordinance.
· The subdivision will be located south of Wharton Weems Boulevard with a
subdivision entrance off South Broadway.
· Reserve A (1.1049 ac.) shall be restricted for detention and wi II serve both north
and south subdivisions.
· Infrastructure improvement shall be the responsibility of the owner/developer.
· A parkland fee shall be applicable in lieu of parkland dedication.
· Final Plat of this subdivision was approved on March 16, 2006, with the
condition that approval from the Harris County Flood Control District for the
drop structure to the adjacent drainage channel shall be required.
· After subsequent review, HCFCD determined that an additional 15' drainage
easement shall be required in consistence with the easement shown across
Wharton Weems Boulevard.
· Current submittal shows a dedication of additional 15' drainage easement.
In addition, cul-de-sac radius has been compressed to 50'.
Recommendations:
Replat is in accordance with the City's Development Ordinance. Staff recommends
approval of the Plat. Prior to the recordation, followings items need to be addressed:
· All construction improvements are complete at site.
· Submit Covenants, Conditions, and Restrictions (CCRs) for the subdivisions
including fencing standards adjacent to the Golf Course and statement
describing that the City will not be responsible for any damage to the property
by straying golf balls.
· Furnish TxDOT approval letter for the proposed street off South Broadway (Old
Highway 146).
Actions required by
the Commission:
· Approval of the Plat withholding signature and recordation until the above are
complied. This will authorize the developer to begin construction of
subdivision improvements.
· Disapproval of the Plat and supporting documents as filed. This will require the
developer to file a new plat with the required documents.
IXHIBlT A
Legend
Q Property Lines
RaiJIines
.. City Limits
Disclaimer: The City of La Porte makes no representation or warranty as to the accuracy of this map and as information nor to as fitness for use. Any user of this map product accepts the same AS IS,
WITH ALL FAULTS, and assumes a/l responsibility for the use thereof, and further agrees to not hold the City of La Porte liable from any damage, loss, or liability arising from any use of the map product.
Independent verification of a/l information contained on this map should be obtained by the end user
City of La Porte
604 W Fairmon! Parkway
La Porte, TX 77571
(281) 471-5020
wwwlaportetx.gov
La Porte GIS Mapping
1 "equals 120'
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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
iI/I (L1) LIght Industnal
'" (HI) Heavy Industrial
., (MS) Main Street District
(MSO) Main Street District Overlay
(LL) Large Lot DIstrict
Raillines
.. City Limits
Disclaimer' The City of La Porte makes no representation or warranty as to the accuracy of this map and as information nor to as fitness for use. Any user of this map product accepts the same AS IS,
WITH ALL FAULTS, and assumes all responsibility for the use thereof, and further agrees to not hold the City of La Porte liable from any damage, loss, or liability arising from any use of/he map product.
Independent verification of all infonnation contained on this map should be obtained by the end user
City of La Porte
604 W Fairmon! Parkway
La Porte, TX 77571
(281) 471-5020
wwwlaportetx.gov
La Porte GIS Mapping
1 "equals 120 I
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Staff Report
Retreat at Bay Forest South
November 16, 2006
Replat
Requested Action: Consideration of Replat for proposed subdivision
Retreat at Bay Forest South
Requested Bv: Don Meeks, President, Retreat at Bay Forest, L.P.
Requested For: A 3.5804 acres (155,963 square feet) of land described as TR A5, W.P.
Harris Survey, Abstract-30, La Porte, Harris County, Texas.
Present Zonine:: Low-Density Residential (R-l)
Requested Use: Residential Subdivision - (Single Family Dwellings)
Backe:round: Retreat at Bay Forest North and South sections 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 comer of Wharton Weems
Boulevard and South Broadway. Under the terms of Development
Ordinance 1444, these are classified as major subdivisions.
As proposed, the south subdivision has one block and ten single-family
residential lots, and one restricted reserve (1.1 049 acres) to the south of this
development for detention basin to accommodate both north and south
subdivisions. Corresponding densities conform to 4.8 dwelling units per
acre permitted in Low-Density Residential (R-l) zoning districts per Section
106-333, Table B, residential area requirements of the City's Code of
Ordinances. The lot sizes, however, are larger than minimum 6,000 sq. ft.
required per ordinance. In addition, the subdivision is adjacent to the Bay
Forest Golf Course to the west.
The Planning and Zoning Commission, at the January 19, 2006, meeting,
approved Preliminary Plats of the proposed Retreat at Bay Forest North and
South Subdivisions. Final Plats for the subdivisions were approved at the
March 16, 2006, meeting, subject to the condition that the developer shall
furnish an approval letter from the Harris County Flood Control District
(HCFCD) for the drop structure to the adjacent drainage ditch.
There is an existing 40' wide drainage easement adjacent to the Golf Course.
Harris County Flood Control district has a 20' wide drainage easement on
both the east and the west sides of this drainage ditch adjacent to the
subdivision. After subsequent review by HCFCD, the drainage channel was
determined to be expanded as ultimate 140' wide. Dedication of additional
,~HIBn' J
Retreat at Bay Forest - Replat
11/16/06 - P & Z Meeting
Page 2 of 4
drainage easement of approximately 50' to the east of the drainage ditch
would not make this project economically feasible. The tract just north of
the subject property across Wharton Weems Boulevard shows 15' additional
drainage easement to the east of this channel. After further review, HCFCD
requires an additional 15' drainage easement dedication to be consistent with
the north segment of this channel.
To move this project forward, the developer has dedicated an additional 15'
drainage easement and compressed the cul-de-sac radius to 50'. However,
lot sizes have increased and are above the minimum lot size of 6,000 sq. ft.
In addition, there are no notable changes to the plat.
Analvsis:
Section 4.03 and Appendix D of the City's Development Ordinance establish
review criteria for Subdivision Plats. Staff also used criteria in the City's
Zoning Ordinance and Comprehensive Plan to review these proposed
subdivisions.
Land Use - The project's proposed residential use conforms to the character
of the surrounding land uses and Low-Density Residential (R-l) zoning
district. As properties adjacent to the subject site are overwhelmingly
residential with mid to high density residential uses along South Broadway.
The area is intended for developing as residential uses in the La Porte
Comprehensive Plan and Land Use Plan.
Transportation/Interior Circulation - The proposed subdivision will have
an entrance/exit off South Broadway approximately 250' south of
intersection at Wharton Weems Boulevard. A 50' wide public right-of-way
with a cul-de-sac street off Broadway will service this subdivision. The
developer requires approval of this drive from TXDOT. The cul-de-sac has
been modified to a 50'radius, which conforms to the Development
Ordinance. Interior circulation in the subdivision seems to be adequate.
Wharton Weems Boulevard and South Broadway (Old Highway 146),
primary arterials with 100' of ROW, may accommodate the traffic generated
by these developments.
Sidewalks - The developer shall be responsible for construction and
installation of sidewalks within the subdivision and the statement is noted on
the plat. In addition, the developer shall construct sidewalks along both sides
of all public streets within the subdivision
Parks and Recreation - Section 12.0 of the City's Development Ordinance
requires the developer to provide on site open space and recreational space
or fees in lieu of parkland to the City. Per the Ordinance, an area of land
dedicated to the City for parkland purposes shall equal one acre for each 160
proposed dwelling units. Total number oflots here are 10 only. Therefore, a
monetary fee in lieu of parkland would be required.
Utilities - There is sufficient water service available to serve these proposed
developments. Originally, this area was a part of the potentially overloaded
sewer system as per South La Porte Wastewater Report. Later, improvement
Retreat at Bay Forest - Replat
11/16/06 - P & Z Meeting
Page 3 of 4
of wastewater system around Texas Avenue and closing of the Vista
Baywood Apartments provided enough relief. In addition, upgrade of the
system from Broadway to McCabe Road will provide further relief to the
sanitary sewer system. The developer is responsible for providing all on-site
infrastructure or improvements 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).
Drainage - The proposed subdivisions are located in the Taylor Bayou
Watershed, therefore, detention is required per City of La Porte criteria.
North and South sections are designed so that all storm drainage flows
directly into the detention basin located in this South section adjacent to a
HCFCD facility. A Drainage swale over storm pipe is designed. Future
street projection through the detention basin's size and capacity has been
reviewed at 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 subdivision abuts to the Golf Course on the West.
The design of the back yard fence must be approved by the City. Fence
standards shall be stated in the protective covenants or deed restrictions,
maintenance/repair costs by the homeowner association and must be stated
in the document as well. In addition, a statement should be included that
the City shall not be responsible for any damage or destruction to the
property caused by stray golf balls.
Conclusion and
Recommendation:
The Final Plat is in accordance with the City's Development Ordinance.
Staff recommends approval of the Final Replat for the Retreat at Bay Forest
South. However, the plat shall not be released for recordation with Harris
County until the following items are addressed:
. All construction improvements are complete at site.
. Submit Covenants, Conditions, and Restrictions (CCRs) for the
subdivisions including fencing standards, damage or liability clause to be
approved by the City.
. Furnish TXDOT approval letter for the proposed street along South
Broadway (Old Highway 146).
Retreat at Bay Forest - Replat
11116/06 - P & Z Meeting
Page 4 of 4
Options available to the Commission are as follows:
. Approval of the Final Plat withholding signature and recordation until
the above are complied. This will authorize the developer to begin
construction of subdivision improvements.
. Disapproval of the Final Plat and supporting documents as filed. This
will require the developer to file a new Final Plat with the required
documents.
Underwood Business Park
Replat
Exhibits
A. Commission's Action Request
B. Aerial Map
C. Staff Report
D. Plat
Underwood Business Park - Replat
Planning and Zoning Commission
November 16,2006
Location of Subdivision Old Underwood Road and State Highwav 225
Legal Description TR of land out of the Enoch Brinson Survey,
Abstract No.5, La Porte, Harris Countv, Texas.
Applicant Danny Martin (Clay Development &
Construction Company)
Present Zonin!! Planned Unit Development (PUD)
Requested Use Commercial/Industrial Business Park
Acreage Approximately 207 acres
Surrounding Zoning North Light Industrial (LI) & UPRR
East Light Industrial (LI)
South Medium Density Residential (R-2)
West Underwood Road, City Limits
Land Use Map Business/Industrial
Activity Proposed Warehouse/Distribution Center
Summary:
· Applicant is requesting approval of a replat for the Underwood Business
Park located along Old Underwood Road south of Union Pacific Rail
Road (UPRR) and State Highway 225.
· As per provisions of the Planned Unit Development, the project has an
approved Special Conditional Use Permit and a General Plan by the
City.
· Earlier, a tract of land was subdivided into six reserves (A-F), including a
restricted reserve for detention purposes.
· The project started with the development of Poly One followed by
several other office warehouse and distribution center buildings within
the park.
· Since approval of the General Plan, there have been various lot changes,
lot readjustments, dedication of utility easements, and allocation of
private streets within the park.
· A replat is required in order to update an overall development within the
business park.
· All the utilities shall be privately maintained except public water.
Infrastructure improvements shall be the responsibility of the
owner/developer.
Recommendation:
The Plat is in accordance with the City's Development Ordinance. Staff
recommends approval of the Plat with the following conditions:
· The Plat shall not be released until the updated title certificate and/or
property documents are filed with the City.
· Construction drawings must be approved prior to issuance of a building
permit for proposed developments.
· Submit a set of construction drawings for utilities (as built) for the City
record.
· Submit covenants, conditions, and restrictions (CCRs) for the park. The
document must be approved by the City Attorney.
· Add a statement on the plat to ensure maintenance of detention will be
the sole responsibility of the owner/developer.
· Rail access, spur design plans, and UPRR approval shall be required.
Actions required by
the Commission:
· Approve the Plat as filed with the above listed conditions.
· Disapprove the Plat and supporting documents as filed. This will
require the developer to file a new Plat with the required documents.
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Staff Report
November 16, 2006
Undenvood Business Park
Replat
ReQuested bv:
ReQuested for:
Location:
Present Zoning:
ReQuested Use:
Background:
Clay Development & Construction Inc.
c/o Danny Martin
207 acres of land out of the Enoch Brinson Survey, Abstract 5,
described as parcel 1 under the Harris County Clerk's File No.
M032856, La Porte, Harris County, Texas.
Old Underwood Road and State Highway 225
Planned Unit Development (PUD)
Warehouse & Distribution Center
This site consists of approximately 207 acres located along Old
Underwood Road to the south of State Highway 225 and the
Battleground Industrial District. The Union Pacific Railroad (UPRR) is
adjacent to the property to the northeast. Houston Lighting and Power
Company (now Centerpoint Energy) owns approximately 19 acres of
land adjacent to the subject tract to the south. The park has an entrance
along Old Underwood Road and access through East 13th Street and
Battleground Road off State Highway 225.
The subject property is zoned Planned Unit Development (PUD). The
PUD zoning assigned to this tract is, to a great extent, based on the large
amount of undeveloped, un-subdivided acreage located in this area.
Development in a PUD zoning district requires that an application for
a General Plan shall be filed and processed simultaneously with the
Special Conditional Use Permit (SCUP).
The project has an approved General Plan. Previously, 123 acres of
land was subdivided into six reserves (restricted reserves A-F) followed
by an un-subdivided tract consisting of 84 acres (to be platted later).
The project began with the development of Poly One. Later, the plans
for Underwood Distribution Centers I & II, Packwell, and SPEC
Buildings #14 & #15 received approval. Currently, a huge warehouse
building (900,000 sq. ft.) is under construction, to be followed by other
buildings.
Since approval of the General Plan, there has been a lot readjustment,
lot changes, addition of utility easements, additional rights-of-way
within the park, and subdivision of existing lots, requiring a replat of the
entire park. The chronology of the business park's reserves is as
follows:
~HIBIT C
Underwood Business Park
Replat
Page 2 of3
Analvsis:
Reserve A
Reserve B
Reserve C 1
Reserve C2
Reserve D
Reserve E
Reserve F
Reserve G 1
Reserve G2
Reserve H
3.057 acres (Spec. Building #14)
19.607 acres (Packwell)
11.056 acres (OfficelWarehouse Building)
11.509 acres (Spec Building #15)
10.640 acres (Future Development)
11.433 acres (Poly One)
44.4 acres (Detention Purposes)
36.085 acres (Underwood Distribution Center II)
10.115 acres (Freezer Company)
42.318 acres (Underwood Distribution Center I)
The replat for an entire 207 acre tract shows 10 reserves as listed above,
Porter Road and Pike Court (60' ingress/egress easement), and 150'
wide strip of Houston Lighting & Power easement to the south within
the park. The park shall be equipped with the rail service. A 40' rail
access ingress/egress and utility easement is in place for this purpose.
On-site storm drainage/detention system is connected with the
regional systems in accordance with the policies of the City, Harris
County, and Harris County Flood Control District (HCFCD).
Section 4.03 and Appendix D of the City's Development Ordinance
establish review criteria for major subdivisions. Staff also used criteria
in the City's Zoning Ordinance and Comprehensive Plan to review this
project.
Land Use - The City's Land Use Plan indicates this area envisioned
as developing for business/industrial uses. The zoning and use of the
nearby properties is also commercial and industrial in nature. The
current land use and development pattern conforms to the proposed
use. In addition, the development within the subject tract should not
have any adverse impact on the surrounding area.
Transportation - Porter Road, a long cul-de-sac street with other
proposed street right-of-way and ingress/egress easement will be
privately maintained with a 60'/35' designation (rights-of-
way/pavement width). The primary function of these streets is to
provide access to the business park predominantly used by
automobiles and truck traffic. Future streets shall be designed and
constructed in conformance with the City's Standard Specifications
(PICM).
Underwood Business Park
Replat
Page 3 of3
Conclusion/
Recommendations:
Being located near the State Highway 225 and Battleground Road, a
primary arterial and major truck route, provides more than adequate
accessibility for circulation of traffic. There should be limited impact
on traffic flow within the vicinity even after full implementation of the
entire project. It is noted that truck traffic shall not be directed south of
the project area along Old Underwood Road.
Utilities and Drainage - Public facilities and services are sufficient to
handle the supply of potable water, but waterlines have been upgraded
for fire protection in the area. There is an existing 12" waterline to the
east of Underwood Road. An existing sanitary sewer force main runs
north and south along Old Underwood Road. A private 3" "on-site"
force main has been installed along Porter Road and tied into the
existing private sanitary sewer force main along Old Underwood Road.
Each individual parcel within the business park shall construct a small
lift station to tie onto the on-site force main. Sanitary sewer analysis
shows that 3" on-site force main and 3" force main on Old Underwood
Road are capable of handling the expected flows within the park.
The Plat is in accordance with the City's Development Ordinance. Staff
recommends approval of the Final Replat but notes that the following
must occur prior to plat recordation:
· Plat shall not be released until updated title certificate and/or proper
documents are filed with the City.
· Construction drawings must be approved prior to issuance of
building permits.
. Submit a set of construction drawings (as built) for the record.
· Submit covenants, conditions, and restrictions (CCRs) for the park.
The document must be approved by the City Attorney.
· Add a statement on the plat to ensure maintenance of detention will
be the sole responsibility of the owner/developer or park
association.
· Rail access, spur design plans, and UPRR approval shall be
required.
Options available to the Commission are as follows:
· Approve the Final Plat as filed with the above listed conditions.
· Disapprove the Final Plat and supporting documents as filed. This
will require the developer to file a new Final Plat with the required
documents.
Special Conditional Use Permit
#SCU06-007
Exhibits
A. Commission's Action Request
B. Aerial Map
C. Staff Report
D. Site Plan
E. Draft SCUP
F. Public Notice Response
Special Conditional Use Permit #SCU06-007
Planning and Zoning Commission
November 16, 2006
Location of Proposed Development Old Underwood Road
Legal Description A parcel of land being Reserve G2 out of a
206.990 acre tract in the F.A. Staas hen
subdivision out of the Enoch Brinson Survey,
Abstract-5, La Porte, Harris County, Texas.
Applicant Clay Development & Construction, Inc.
Present Zoning Planned Unit Development (PUD)
Acreage 10.115 acres
Surrounding Zoning Planned Unit Development (PUD) and Light
Industrial (LI)
Land Use Plan Industrial
Activi!y Proposed Office/Warehouse Facility
Summary:
· The applicant is requesting a Special Conditional Use Penn it for developing office/warehouse facility for
Preferred Freezer Services within Underwood Business Park.
· Underwood Business Park is located along Old Underwood Road south of State Highway 225.
· Underwood Business Park started with the development of "Poly One" located at 10100 Porter Road. Later,
development plans for 900,000 sq. ft. and 400,000 sq. ft and other distribution/warehousing buildings were
approved and these buildings are under construction.
· The subject property is zoned Planned Unit Development (PUD) and per ordinance requires a Special
Conditional Use Penn it (SCUP).
· Proposed project will be located along Porter Road, a 60' ingress/egress and utility easement within the
business park.
· Battleground Industrial Park is located to the north ofthis property.
· Property is in the vicinity of major industrial developments.
· The area is eannarked for industrial uses in the Land Use Plan.
· The overall impact on public services should be minimal.
Recommendation:
All applicable elements of the Comprehensive Plan were reviewed and incorporated into this development
proposal. Staff recommends approval of the Special Conditional Use Pennit with the following conditions:
I. This SCUP outlines, in general tenns, 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 General Plan shall require further submittal and approval of plats, site plans,
construction drawings, engineering analysis, and covenants.
2. Provide on-site improvements, loading and unloading rampslbays that adequately handle the volume
associated with this office and warehousing facility.
3. Hazardous or non-hazardous material storage, chemicals, nature, type and fire requirements should be
specified.
4. Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire suppression
requirements, and fire hydrant placement shall be specified on the development site plan.
5. A site plan and/or separate plans shall be submitted in conjunction with the building pennit application.
Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances.
6. Amount and type oflandscaping shall be specified on the plan. Provide an irrigation system to ensure that
all landscaping is properly maintained by the owner/developer.
7. The Developer shall comply with all other applicable laws and ordinances ofthe City of La Porte and the
State of Texas.
Actions required by the Commission:
· Recommend to Council approval of this SCUP with conditions.
· Recommend to Council denial of this SCUP.
· Recommend tabling this SCUP for further review.
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Staff Report
November 16,2006
Office W /H facility for Freezer Company
Special Conditional Use Permit #SCU 06-007
Requested bv:
Requested for:
Location:
Present Zonine::
Requested Use:
Backe:round:
Analvsis:
Clay Development & Construction Inc.
c/o Danny Martin
10.115 acre tract out of 206.990 acres of land in the Enoch Brinson
Survey, Abstract 5, described as parcel 1 under the Harris County
Clerk's File No. M032856, La Porte, Harris County, Texas.
Old Underwood Road and State Highway 225
Planned Unit Development (PUD)
Office Warehouse
Underwood Business Park, consisting of approximately 207 acres, is
located to the south of State Highway 225 and Union Pacific Railroad
(UPRR). The subject park is an approved business/industrial complex
located within the Planned Unit Development (PUD) zone along Old
Underwood Road. Clay Development and Construction, Inc.,
owner/developer, is proposing office warehouse facility for a freezer
company consisting of 157,500 sq. ft. on a parcel of land being
described as Reserve 02 in the Underwood Business Park. The facility
will have an access through Porter Road and will be located to the
southeast of Poly One at 10100 Porter Road. Porter Road is a 60' wide
ingress/egress and utility easement within the park off Old Underwood
Road. Major access to the business park is through Battleground Road
and State Highway 225.
This is an on going project that started with the construction of Poly
One and later the plans for 900,000 sq. ft., 400,000 sq. ft., and several
other distribution/warehouse buildings were approved by the City.
The subject property is zoned Planned Unit Development (PUD).
Development in a PUD zoning district requires an application for a
general plan to be filed and processed simultaneously with the Special
Conditional Use Permit. Once the Special Conditional Use Permit is
granted by the City, the developer shall submit a development site
plan showing the arrangement of the project in detail, including
parking facilities, location of buildings, and other pertinent
information required by the Development Ordinance of the City.
Section 106-659 of the Code of Ordinances establishes the following
criteria for review of the development projects within a PUD zone.
5XHISIT C
SCU #06-007
11116/06 P&Z
Page 2 of3
Conclusion/
Recommendation
Land Use - The City's Land Use Plan shows this area developing with
industrial uses. The existing land uses of nearby properties are
predominantly industrial. The Battleground Industrial Park is located
just north of this development. In addition, the Battleground Industrial
District - Extra Territorial Jurisdiction (ETJ) of La Porte is located
north of State Highway 225.
Transportation - The project is located within proximity to State
Highway 225 and Battleground Road, major highway, primary arterial
and major truck route. This project provides adequate accessibility for
circulation of traffic. All traffic entering/existing will be through Porter
Road along Old Underwood Road. There should be limited impact on
traffic flow within the vicinity. In addition, the traffic shall not be
directed south of Underwood Road as per plan submitted by the
developer.
Topography - This area is relatively flat and stable and should not be
an obstacle to this type of development.
Utilities and Drainage - Public facilities and services are sufficient to
handle the supply of potable water. The developer has installed a new
water line for fire protection in the area. In addition, provisions must be
made to ensure sufficient utility extensions are provided to serve this
development. Storm water drainage or detention will be managed
through existing on-site detention to mitigate any adverse impacts
associated with this proposed development.
Staff feels that the project would make a significant impact on
economic development within the City of La Porte. Based on the
above analysis, staff recommends approval of the Special Conditional
Use Permit with the following conditions:
· 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 General Plan shall
require further submittal and approval of plats, site plans,
construction drawings, engineering analysis, and covenants.
· Provide on-site improvements, loading and unloading ramps/bays
that adequately handle the volume associated with this office and
warehousing facility.
SCU #06-007
11/16/06 P&Z
Page 3 of3
· Hazardous or non-hazardous material storage, chemicals, nature,
type and fire requirements should be specified.
· Design of maneuvering isles and driveways criteria shall be
followed. Fire truck access, fire suppression requirements, and
fire hydrant placement shall be specified on the development site
plans.
· 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.
· Amount and type of landscaping shall be specified on the plan.
Provide an irrigation system to ensure that all landscaping is
properly maintained by the owner/developer.
· The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
· Recommend to Council approval of this SCUP with additional
conditions.
· Recommend to Council denial of this SCUP.
· Recommend tabling this SCUP for further review.
City of La Porte
Special Conditional Use Permit # SCU 06-007
This permit is issued to:
Clay Deyelopment & Construction. Inc.
Owner or Agent
800 Gessner. Suite 850, Houston TX 77024
Address
For Development of:
Preferred Freezer Services (157.500 SF.)
Development Name
Old Underwood Road at State Hiohway 225
Address
Legal Description:
10.115 acres of land beinq Reserve "G2" in a 206.990 acre tract
Out of Enoch Brinson Survey. A-5. La Porte. Harris County. TX.
Zoning:
Planned Unit Development (PUD)
Use:
Office/warehousinq facility
Permit Conditions:
1. 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 General Plan shall require
further submittal and approval of plats, site plans, construction drawings, engineering
analysis, and covenants.
2. Provide on-site improvements, loading and unloading ramps/bays that adequately handle
the volume associated with this office and warehousing facility.
3. Hazardous or non-hazardous material storage, chemicals, nature, type and fire
requirements should be specified.
4. Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire
suppression requirements, and fire hydrant placement shall be specified on the
development site plan.
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. Amount and type of landscaping shall be specified on the plan. Provide an irrigation system
to ensure that all landscaping 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.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
:'XlitBIT ~
Zone Change Request
#R06-003
Exhibits
A. Commission's Action Request
B. Aerial Map
C. Zoning Map
D. Staff Report
E. Conceptual Plan
F. Application
G. Public Notice Response
Zone Change Request #R06-003
Planning and Zoning Commission
November 16,2006
Location of Proposed Chan2e Canada Road at Fairmont Parkway
Legal Description of Proposed Zoning TRS 692C, 693B, 706 & 707, W. B. Lawrence
Subdivision, William M. Jones Survey, A-482.
Applicant Bobby Grisham c/o Kenneth Dawson, Trustee
Present Zonin2 Medium Density Residential (R-2)
Requested Zoning General Commercial (GC)
Acreage to be Rezoned 17.7717 acres
Surrounding Zoning North Medium Density Residential (R-2)
East Low Density Residential (R-l)
South General Commercial (GC)
West Manufactured Housin2 (MH)
Land Use Map Mid to Hi2h Density Residential
Activity Proposed Commercial/Retail
Summary:
· The applicant is requesting rezoning of the subject property from
Medium-Density Residential (R-2) to General Commercial (GC) for
commercial/retail purposes.
· The subject tract is located to the east of Canada Road
approximately 1000 feet north of Fairmont Parkway.
· A pre-existing and non-conforming warehouse building at 3337
Canada Road, a mobile home park, and the City's proposed site (33
acres) "West Side Park" are in the vicinity of the subject tracts.
· Canada Road, a four lane road divided with a 1 OO'ROW, connecting
Fairmont Parkway with Spencer Highway, has been completed.
· This roadway shall benefit the movement of traffic from Fairmont
Parkway to State Highway 225 thru East Blvd.
· Improvement of this thoroughfare and findings of commercial study
for this intersection have encouraged the applicant/developer to plan
commercial development near this intersection.
· Infrastructure has been designed and constructed to accommodate
the anticipated uses.
· Fairmont Parkway and Spencer Highway may have adequate
capacity to handle the traffic generated by the proposed
development.
· Big Island Slough to the east of the subject tract would provide
adequate buffer and open space to minimize any adverse effects of
commercial activities on adjacent residential developments in the
area.
· Landscaping/screening adjacent to the channel shall be required to
minimize any noise impact to the abutting residential uses. In
addition, staff will ensure that parking lot lighting shall be arranged
so as to deflect lights away from any adjoining residential zone or
from public right-of-way.
Recommendation:
· Staff recommends approval of the zone change request.
Actions required by
the Commission:
· Recommend to Council approval of this rezone request
· Recommend to Council denial of this rezone request
· Table this item for further consideration by the Commission.
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WITH ALL FAULTS, and assumes all responsibility for the use thereof and further agrees to not hold the City of La Porte Hable from any damage, ioss, or Hab/iity arising from any use of the map product,
independent verification of all information contained on this map should be obtained by the end user.
City of La Porte
604 W Fairmon! Parkway
La Porte, TX 77571
(281) 471-5020
wwwlaportetx.gov
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Staff Report
November 16, 2006
Zone Change Request #R06-003
Requested by: Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee
Requested for: TRS 692C, 693B, 706 and 707 (17.7717 acres), La Porte Outlots, as
recorded in Volume 83, Page 344, of the Deed Records of Harris County,
William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas.
Location: 2000 Block of Canada Road
Present Zonin2: Medium Density Residential (R-2)
Requested Zonin2: General Commercial (GC)
Surroundin2 Zonin2:
North - Medium Density Residential (R-2)
South - General Commercial (GC)
East - Low Density Residential (R-l)
West - Manufactured Housing (MH)
Back2round:
The subject tracts comprise approximately 18 acres of land out of William
M. Jones Survey, Abstract-482, La Porte, Harris County, Texas. The
property is located approximately 1000' north of the intersection of Canada
Road and Fairmont Parkway. The property in question is also in the vicinity
of a pre-existing warehouse/storage facility, manufactured housing, and a
single-family residential subdivision along Canada Road. The adjoining
property to the west across Canada Road and adjacent to the Harris County
Flood Control District (HCFCD) facility consists of 33 acres of land
intended for use as the proposed "West Side Park" of the City of La Porte.
The applicant seeks to rezone this property from Medium Density
Residential (R-2) to General Commercial (GC) for commercial/retail
purposes.
Analvsis:
In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and
Economic Development. The specific issues considered are as follows:
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as mid-to-high density residential, however, some commercial
uses are shown at the intersection of Canada Road and Fairmont Parkway.
'lXHU:Jn' "1
#R 06-003
P&Z 11/16/06
Page 2 of 4
Last year, approximately 35 acres of land just south of the subject tract,
located at the intersection of Canada Road and Fairmont Parkway, was
rezoned from Medium Density Residential (R-2) to General Commercial
(GC).
The adjacent properties across the Big Island Slough (B 1 09-00-00) are
single-family residential (Pecan Crossing Subdivision). Other surrounding
existing uses to the north are single-family residential, a manufactured
housing park, and a storage/warehouse facility at 3337 Canada Road. An
undeveloped vacant property and the City's proposed "West Side Park" are
also in the vicinity.
The current land use plan designates the area as intended for commercial
uses, and the City has been consistent in providing General Commercial
(GC) uses along the major roads within the City limits. However, the
following aspects shall be considered for a rezone request:
· Ability of infrastructure to support the permitted use.
· Impact on the value and practicality of the surrounding land uses.
· Conformance of a zoning request with the land use plan.
· Character of the surrounding and adjacent areas.
· Suitability of the property for the uses which would be permissible,
considering density, access and circulation, and adequacy of public
facilities and services.
· The extent to which the proposed use designation would adversely affect
the capacity or safety of that portion of the road.
· The extent to which the proposed use designation would create excessive
air pollution, water pollution, noise pollution, or other environmental
harm to adjacent properties.
· The gain, ifany, to the public health, safety, and welfare of the City.
Transportation - The tract in question will have access along Canada Road
running north and south between Spencer Highway and Fairmont parkway.
Earlier, the design of Canada Road improvement was completed in 2004.
The rights-of-way for the proposed road improvement acquired and the
utilities to serve this general area were designed given special consideration
to the pipeline adjustments and power lines relocation.
The bidding and construction of the road and utilities started in January
2005. The Canada Road improvement/widening project were completed in
November, 2005. Traffic signalization is already in place and opened for
traffic from Fairmont Parkway to State Highway 225 via East Boulevard.
#R 06-003
P&Z 11/16/06
Page 3 of 4
Canada Road, an arterial with a 100' ROW, may accommodate the
additional traffic generated by future commercial developments. In
addition, Fairmont Parkway, a controlled access highway with a 250' ROW
may also accommodate additional traffic generated by this development.
Utilities - Due to the success of the Canada Road improvement project,
infrastructure for anticipated development at this intersection is in place.
Storm water drainage will be reviewed case by case with the development
site plan submittal for the proposed development.
Economic Development - One of the intentions of the Comprehensive Plan
is to encourage new and sustained investment in the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging
in- fill development within existing infrastructure service areas. As per plan,
commercial, retail, and service activities shall be clustered throughout the
City and be convenient to residential areas. In addition, commercial
activities should be concentrated in nodes along major thoroughfares and
intersections, such as the proposed location along Canada Road.
Buxton Study - An economic development study took place on the La
Porte area in order to specify which types of retail business the community
should be targeting to attract commercial development in the area.
Projection of future commercial growth and tax components are to be
favorably considered in this matter. The City of La Porte selected three
sites to be analyzed and ranked for possible retail development or
revitalization. To aid in the decision-making process to select the best
site, the company has ranked Canada Road and Fairmont Parkway as
having the best overall retail trade potential site. Retail potential of this
site is based on the following analysis:
· A twelve minute drive time trade area
· Customers in each trade area segmented as per buying habits and
lifestyles
· Profile of La Porte's customers within the trade area
· Retail demand for more than 400 products and services determined for
the potential trade area.
Based on the above analysis and the best use review option by the applicant
and the prospective developers reveal that the subject site would be better
served by the proposed rezone, which would be consistent with the
anticipated use of property to the south of this tract. Using this scenario, the
applicant is requesting to rezone the property from Medium Density
Residential (R-2) to General Commercial (GC). A conceptual plan for future
commercial activities planned at this site is attached as Exhibit.
#R 06-003
P&Z 11/16/06
Page 4 of 4
Conclusion /
Recommendation:
Based on the above analysis, staff finds the requested change conforms to
the abutting zoning and is suitable for the requested change to General
Commercial, allowing commercial/retail 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.
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request, from
Medium Density Residential (R-2) to General Commercial (GC).
. Recommend to Council denial of this rezoning request from Medium
Density Residential (R-2) to General Commercial (GC).
. Table this item for further consideration by the Commission.
OFFICE USE ONLY: Fee: $300.00
CITY OF LA PORTE
APPLICATION FOR
ZONE cHANGE REQUEST
Application No.:
Date Received:
Receipt No.:
Ul Q-()U3
/0 - /'f- ().b
70S.l:)
Note: This Fee is Non-Refundable Regardless ofthe Commission/CC's Decision
Certified Plans Submitted:
( ) General Plan
( ) Minor Development Site Plan
()
()
Major Development Site Plan
Preliminary Plat
Applicant:
,0 Q bb~ Cr p-\ 5$ W\
Name
+~~D (!entM--~-1)""~tl( 1$
Address
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Owner's Name:
Address: -0 0,fl1JlI-fl: ~ ~ J ~ 715 7/
Legal])escription,jrJ.'1'1lrJ (:1} W ~ ;M:> U.l) (.t!3/'JOb'ttJDfJ 0 ~
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I am the owner of the herein described property and ] ~ ~~aAIIIL )
is authorized to file this application on my behalf:
6~ . V~ . ~tD k
Date I '
Present Zone:
~i
.
Requested Zone: ~ ~ ~
Proposed usage711At ~ tl.u.tiJ m.&
Office Use Only
SIC#
Recommendation:
YorN
Date ofP&Z Public Hearing:
Applicant & adjoining property owners notified:
City Council Meeting Date:
Approved:
YorN
This application is: Approved ( )
Denied ( )
Adopted by Amendment Ord.#:
Comments:
~H'B1T
A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
Scheduled for
RECEIVED
~ovember16,2006
(Date of Meeting)
NOV {J 6 ~. ::06
to Consider
PLANNING
Rezone Request #R06-003
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the followinj reasons:
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Ffl/}hI );1o/l~1t
Name (please print)
15~-r }t1rfl
, Signature
9;'JLj CA-,/)/)~ C! T
Address
LA flt:5Lrc} TeN'f.5 77.5'71
,
City, State, Zip
I~HIBrf
A Meeting of the La Porte
Planni~ & Zonin2' Commission
(fype of Meeting)
Scheduled for
R (: r. r ~\iE' U~':
.. ,.n.! ~ _
~ovember16,2006
(Date of Meeting)
NOV 0 6 2006
to Consider
PI Ar.!f\ll~\r' p;;.
.- ,,\I ~ ..~\.] dL
Rezone Request #R06-003
(fype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
I feel that commercial property just 200 yards from our back fence would make our
neighborhood noisy, and possibly not nearly as safe. We are paying a good price for our
peace and quiet as wen as our safety and security and do not wish to give that up.
We also feel it would decrease the value of our property for which we paid a premium
price. Thank you for your consideration in denying this rezoning request.
J.4J
Claudia Rogers
9221 Barton Ct
La Porte TX 77571-7906
A Meeting of the La Porte
Planning- & Zoning- Commission
(Type of Meeting)
REGEfj;r-n
t _._1 \i r., i
".,~ ,,~.~
Scheduled for
N(JV 1 4 2006
PLANNING DEPT~
~ovember16,2006
(Date of Meeting)
to Consider
Rezone Request #R06-003
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
tHe R-1.. d.'st.v-rd:. c;;)llows ~~ C\~... ot"hev- r~lat:i\le1"1 iV\~Se..-
l!o"l!eV\t:.v.:tt:..lo~ of aweni l'1.j uf'\./6s... On -t;I.,is -rut.IJf'e. Vl'j h -tv~,..c.
\--oci)el,;)S LUhe..-\ .'e e~~d.s. -tll\rouj~ ~ +he ~~ I it LVOuld be.
MOve I n'jl'r~( ~k pt'c>p~ r'-c~ dloV\j CQ.v\.:lda -/-0 pI!!!.. J.-ez.onet:l -to
0eV'\eV"c:2l CoW\~' &-1 .
I am OPPOSED to granting this request for the following reasons:
F~ E. P~,-u..s.
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Signature
q22.S ~ ~A t!.o(...)R.1
Address
LA Pof2IBj ~~ 77S71
City, State, Zip