HomeMy WebLinkAbout11-16-06 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
Minutes of the Meeting
Members Present:
Members Absent:
City Staff Present:
PLANNING AND ZONING COMMISSION
MINUTES OF NOVEMBER 16, 2006
Pat Muston, Nick Barrera, Dottie Kaminski, Paul Berner, Doretta Finch,
Kirby Linscomb Jr., Claude Meharg, Hal Lawler (Alt 1), and Les Bird (Alt
2)
None
Director of Planning, Wayne 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 OCTOBER 19, 2006, MEETING MINUTES.
Motion by Paul Berner to approve the Minutes of October 19, 2006. Second by Dottie
Kaminski. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, Finch, Kaminski, Linscomb, and Meharg
None
None
3. ADMINISTER OATH OF OFFICE TO REAPPOINTED MEMBER KIRBY LINSCOMB,
JR.
Assistant City Attorney Clark Askins administered the Oath to Commission Member Kirby
Linscomb Jr.
4. CONSIDER REPLAT OF "RETREAT AT BAY FOREST SOUTH" A SUBDIVISION OF
3.5804 ACRES OF LAND TO BE LOCATED AT THE SOUTHWEST CORNER OF
WHARTON WEEMS BOULEVARD AND SOUTH BROADWAY (OLD HIGHWAY 146).
The Staff Report was given by Masood Malik, City Planner. The applicant, Don Meeks,
has requested a replat of TR AS, 3.5804 acres of land. The applicant is proposing ten
single-family residential lots in the subdivision. Retreat at Bay Forest South is a
proposed residential subdivision to be located along South Broadway (Old Highway 146)
adjacent to the Bay Forest Golf Course.
Planning Director, Wayne Sabo, spoke about previous easement and cul-de-sac issues
that have now been resolved.
Motion by Dottie Kaminski to approve replat of "Retreat at Bay Forest South". Second by
Paul Berner. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, Finch, Kaminski, Linscomb, and Meharg
None
None
5. CONSIDER REPLAT OF "UNDERWOOD BUSINESS PARK" LOCATED ALONG OLD
UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225.
Planning and Zoning Commission
Minutes of November 16, 2006
Page 2 of 5
The Staff Report was given by Mr. Malik. The applicant, Clay Development, has
requested a replat of 207 acres of land. The project has an approved General Plan.
Previously 123 acres of land was subdivided into six reserves followed by an un-
subdivided tract consisting of 84 acres. 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.
Motion by Paul Berner to approve the replat of "Underwood Business Park". Second by
Nick Barrera. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, Finch, Kaminski, Linscomb, and Meharg
None
None
6. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL
USE PERMIT REQUEST #SCU-06-007 FOR 10.115 ACRES OF LAND BEING
RESERVE "G2" 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 A
FREEZER COMPANY WITHIN UNDERWOOD BUSINESS PARK.
Chairperson Muston opened the public hearing at 6:23 p.m.
A.
STAFF PRESENTATION
The Staff Report was given by Mr. Malik. The applicant, Clay
Development and Construction Inc, has requested a Special Conditional
Use Permit to develop an office/warehouse facility within Underwood
Business Park. Underwood Business Park is located along Old
Underwood Road south of State Highway 225. The park is to be
developed in phases. The overall impact on public services should be
minimal.
Notices of public hearing were mailed to property owners within 200' of
the subject area. Of the 5 mailed, the City received no responses
favoring or opposing the rezone request.
B.
PROPONENTS
There were none.
C.
OPPONENTS
There were none.
7. CLOSE PUBLIC HEARING.
Chairperson Muston closed public hearing at 6:29 p.m.
8. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL
CONDITIONAL USE PERMIT REQUEST #SCU06-007 FOR 10.115 ACRES OF LAND
BEING RESERVE "G2" 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
Planning and Zoning Commission
Minutes of November 16, 2006
Page 3 of 5
CLAY DEVELOPMENT AND CONSTRUCTION, INC., FOR DEVELOPMENT OF A
FREEZER COMPANY WITHIN UNDERWOOD BUSINESS PARK.
Motion by Doretta Finch to recommend to City Council approval of Special Conditional
Use Permit #SCU06-007 for 10.115 acres of land being Reserve "G2" out of 206.990
acres of land located south of State Highway 225 along old Underwood Road, 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
the General Plan shall require further submittal and approval of plats, site plans,
construction drawings, engineering analysis, covenants, etc.
· Provide on-site improvements, loading and unloading ramps/bays that
adequately handle the volume associated with this office/warehousing facility.
· 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.
Second by Paul Berner. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, Finch, Kaminski, Linscomb, and Meharg
None
None
9. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST
#R06-003 REQUESTED FOR PROPERTY LOCATED ALONG CANADA ROAD
NORTH OF FAIRMONT PARKWAY, FURTHER DESCRIBED AS TRS 692C, 693B,
706, & 707, LA PORTE OUTLOTS, WILLIAM M. JONES SURVEY, ABSTRACT 482,
LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, BOBBY GRISHAM,
SEEKS TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2)
TO GENERAL COMMERCIAL (GC).
Chairperson Muston opened public hearing at 6:31 p.m.
A.
STAFF PRESENTATION
The Staff Report was given by Planning Director, Wayne Sabo. The
applicant, Bobby Grisham, c/o Kenneth Dawson, Trustee, is requesting
rezoning of TRS 692C, 693B, 706, 707 (17.7717 acres). The applicant
seeks to rezone this property from Medium Density Residential (R-2) to
General Commercial (GC) for commercial/retail purposes.
Planning and Zoning Commission
Minutes of November 16,2006
Page 4 of 5
Notices of public hearing were mailed to property owners within 200' of
the subject area. Of the 18 mailed notices mailed, the City received one
favoring and two opposing the rezone request.
B.
PROPONENTS
Bobby Grisham of 4650 Center Street, addressed the Commission
favoring the proposed rezone request. Mr. Grisham advised this retail
center could be a great asset to the La Porte community. Mr. Grisham
explained that the types of businesses that are being targeted were
similar to the ones at Beltway 8 and Fairmont Parkway.
C
OPPONENTS
Gilbert Duran, of 9225 Barton Court, addressed the Commission
opposing the rezone request. Mr. Duran voiced several concerns
regarding noise, lighting, the serving of alcohol in the proposed
restaurants and issues with the retention pond, if a shopping center was
to be developed.
John Frenzy, of 9218 Cattle Court, addressed the Commission opposing
the rezone request. Mr. Frenzy voiced concerns about drainage and
lighting.
Bryant Morgan, of 9214 Cattle Court addressed the Commission
advising that after hearing the staff report, he is no longer in opposition of
the rezone request. Mr. Morgan advised that his concerns about trees
being a natural buffer, was no longer an issue.
10. CLOSE PUBLIC HEARING.
Chairperson Muston closed the Public Hearing at 6:59 p.m.
11. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE
REQUEST #R06-003 FOR PROPERTY LOCATED ALONG CANADA ROAD NORTH
OF FAIRMONT PARKWAY, FURTHER DESCRIBED AS TRS 692C, 693B, 706, & 707,
LA PORTE OUTLOTS, WILLIAM M. JONES SURVEY, ABSTRACT 482, LA PORTE,
HARRIS COUNTY, TEXAS.
Motion by Doretta Finch to recommend to City Council approval of Rezone Request
#R06-003 for property located along Canada Road, north of Fairmont Parkway. Second
by Dottie Kaminski. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, Finch, Kaminski, Linscomb, and Meharg
None
None
12. ADMINISTRATIVE REPORTS
Masood Malik
· District Stadium Improvements Site Plan is under review.
· Port Crossing is moving forward with development.
· Chili's Restaurant is under construction.
· Value Place Hotel, to be located at 1506 W. Fairmont, Site Plan has been
approved.
Planning and Zoning Commission
Minutes of November 16, 2006
Page 5 of 5
Wayne Sabo
· Another freezer company has shown interest in coming to La Porte.
· Chili's is working with Harris County to resolve minor issues.
· The City is pursuing a Flood Grant to complete the F216 project.
· The City Staff is pursuing a Flood Mitigation Grant to complete the concreting
of the F112 ditch on the west side of the City at this time.
· In the future, the City will probably see more land request for rezone to
General Commercial possibly being driven because of the Buxton Study.
· Frontier Logistics and the Port of Houston are progressing with the temporary
roads to provide relief on the truck traffic north of Barbour's Cut. The
Interlocal agreement with the Port of Houston is under review.
· There will be a lot of complaints voiced at the next City Council Meeting
regarding flooding on the north side of La Porte. The City is taking a look at
this matter.
13. COMMISSION COMMENTS
There were none.
14. ADJOURN
The meeting was adjourned at 7:05 pm.
Approved on this
/q
day of
b.Qce~ ('2006.
Pat Mu t n
Chairperson, Planning and Zoning Commission
Preserve at Taylor Bayou
Extension Request
Exhibits
A. Staff Report
B. Application
C. Area Map
Staff Report Preserve at Taylor Bayou December 14,2006
Extension of Special Conditional Use Permit #05-008
ReQuest: One-Year Extension of Special Conditional Use Permit (SCUP) #05-008,
Amended General Plan for ::I: 1 07 acre tract, and Final Plat for 16 acres of
Multi-Family Residential and Commercial Development.
ReQuested Bv: Deborah Mason, P.E. on behalf of Burchfield Development, L.P. and Forest
Holdings Ltd., L.L.P.
ReQuested For: A 15.980 acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris
County, Texas. The property is further described as being located in the
1200 Block of McCabe Road.
Present Land Use: Low-Density Residential
Present Zonine:: Planned Unit Development (PUD)
ReQuested Use: Integrated Community of Single, Multi-Family Residential, and Commercial
Backe:round: This is an on-going project; for which the Planning and Zoning
Commission and City Council have previously approved various General
Plans and Special Conditional Use Permits. City Council approved an
Amended General Plan and a Special Conditional Use Permit at their
December 12, 2005, meeting. The General Plan is for the entire ::t 107 acre
tract and the SCUP is for single-family residential, multi-family,
townhomes, and commercial/retail development.
Analvsis: For development in a Planned Unit Development, a Special Conditional Use
Permit, along with a General Plan, is required per Section 106-637 of the
Code of Ordinances. Section 106-216 of the Code of Ordinances and the
approved SCUP define a one-year time frame for construction to begin for
the proposed development. Failure to begin construction within one year
voids the approved SCUP, unless an extension is granted by the
Commission.
Since approval of the SCUP from City Council, the Final Plat for Phase I,
which also includes multi~family development, was approved at the
December 15,2005, Planning and Zoning Commission meeting. However,
no development site plan was submitted and subsequently no construction
occurred at the site. The project has encountered some difficulties and the
developer still needs to address the following issues: sanitary sewer,
detention, and the dedication ofthe Nature Preserve.
Staff reviewed the request for a one-year extension and found no notable
changes in the development conditions that would affect the subject
property. Infrastructure requirements are the same as they were when this
project received initial approval. It is anticipated that sanitary sewer for the
l~m'U841 fl
Preserve at Taylor Bayou
Extension for SCU05-008
December 14,2006
Page 2 of2
Conclusion:
development will be connected to a new trunk main to be constructed
going north to the adjacent proposed development of "Lakes at Fairmont
Greens." Coordination between the developers is required in order for the
system upgrade to handle both developments. Each developer will be
expected to share the prorated cost of construction. Permits from the
Army Corps of Engineers and Harris County Flood Control District must
be presented to the City prior to issuance of the building permit.
Section 1 06-659( c) of the Code of Ordinances provides that the applicant
may request an extension for one additional year, and the Planning and
Zoning Commission may grant such extension. The applicant's request an
extension for, is attached to this report.
Staff is recommending approval of a one-year extension of the Special
Conditional Use Permit and Amended General Plan approved by City
Council and the Final Plat for Phase I previously presented to the
Commission.
Nav 20 06 02:59p
I~
Front
7134618474
p.2
November 20, 2006
Mr. Wayne Saba
Director of Planning
604 W. Fairmont Parkway
La Porte, Texas 77571
RE:
1) Special Conditional Use Permit No. SCU 05-008 .(Amending No. SCU of 004) Issued to Robert
Burchfield for the Preserve at Taylor Bayou
2) Final Plat, Preserve at Taylor Bayou Phase 1
3} Amended General Plan
Dear Mr. Saba:
. This Permit, Final Plat and Amended General Plan were approval in December, 2005, and in consideration
of the terms of this approval, that "failure to begin construction within 12 months after issuance, shall void
the permit, except upon an extension of time granted after an application to the Planning and Zoning
Commission,D we submit this letter as our application for 1 (one) year extensions.
Construction of the project has been rescheduled for 2007. Development of the multi-family reserve will be
in conjunction with the construction of the City's wastewater trunk line.
As requested by the City staff, plat recordation is being postponed until the completion of construction.
We understand that this application for an extension of Permit No. SCU 05008, the request for extension of
the Phase 1 plat and Amended General Plan will be submitted to the next meeting of the Planning and
Zoning Commission.
Please call me if you need any additional information or have questions concerning The Preserve at Taylor
Bayou.
y~
Deborah Mason, prt
President
1147 BRITTMOORE ROAD
HOUSTON, TEXAS n043
Win(Engfneers.(om Phone 713.461.8350 Fox 713.461.8474
..-~
.OXHlilll B
~
= PROPOSED DEVELOPMENT
= POTENnAL PRESERVE
La Porte Square Townhomes
Preliminary Plat
Exhibits
A. Staff Report
B. Area Map
C. Preliminary Plat
Staff Report
La Porte Square Townhomes
Preliminary Plat
December 14,2006
ReQuested Action: Consideration of Preliminary Plat for proposed La Porte Square Townhomes
ReQuested Bv: Covenant Neighborhoods, Inc.
c/o David Kim, Project Manager
ReQuested For: A subdivision of 5.599 acres of land out of the Johnson Hunter Survey,
Abstract No. 35, being a replat of the remainders of Lots 1-16, all of Lots 17-
32, and the 16' alley, all lots in Block 1159, the 80' wide right-of-way of
East 'L' Street between the East right-of-way line of South Broadway Street
and East right-of-way line of Texas Avenue, the 60' wide right-of-way of
Texas Avenue between the North right-of-way line of East 'L' Street and the
North right-of-way line of East 'M' Street, and being the remainders of Lots
3,17, and 30, all of Lots 4-16, Lots 18-29, and the 16' alley of Block 1160
(abandoned by City of La Porte Ordinance No. 1041), in the plat of "Town
of La Porte" as recorded in Volume 60, Page 112, of the Harris County Deed
Records, City of La Porte, Harris County, Texas.
Location: 1301 South Broadway
Present Zoning: High Density Residential (R-3)
ReQuested Use: Multi-family Residential Subdivision (Townhomes)
Background: The subject property is located across from the City of La Porte's Recreation
and Fitness Center at 1322 South Broadway and south of the senior citizen's
residence known as "Churchill Place Apartments" located at 1201 South
Broadway. In the vicinity, there are mixed-use developments, i.e. single-
family residential, townhouses, apartment complex, and retail/commercial
establishments.
The applicant is seeking a townhouse development (single lot configuration).
An existing townhouse development is located east of the Churchill Place
Apartments between Oregon A venue and Montana Street. The property is
currently zoned High Density Residential (R-3). A townhouse development
is a permitted use in this zoning district.
As proposed, La Porte Square Townhomes has 56 lots, two Blocks, and two
Reserves restricted for open space/common area use only. Per Section 106-
333 Table B of the Code of Ordinances, the minimum lot area is 2000 sq. ft.
with a minimum lot width of 20 linear feet. Density equals ten (10 DU/ A)
dwelling unit per acre. The required front yard setback 25' and the side yard
setback 20' are shown on the plat.
KHlsn A
La Porte Square T/H - Preliminary Plat
12/14/2006 - P & Z Meeting
Page 2 of3
Analvsis:
Land Use - The Land Use Plan shows this area developing as commercial
and mid to high density residential with frontage along Fairmont Parkway as
commercial uses. The tract in question is within the vicinity of
residential/commercial establishments along a major thoroughfare.
Transportation - The property is located approximately 850' south of
Fairmont Parkway along South Broadway (Old Highway 146). South
Broadway, with a 100' right-of-way, provides more than adequate
accessibility for circulation of traffic and may accommodate the traffic
generated by this proposed development. There would be minimal impact
on traffic flow to and from the abutting residential neighborhoods.
Internal roadways shall be designed and constructed in conformance with the
City Standards. Since traffic movement is the primary function of this
roadway, access management for this development is essential. Driveways
connecting directly onto this roadway should be minimized to avoid traffic
congestion and other delays caused by north and south bound traffic along
South Broadway near the Fairmont Parkway intersection.
Utilities - Public facilities and services are sufficient to handle the supply of
potable water and fire protection in the area. Provisions should 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 shall be reviewed with the site development plans.
Sidewalks - Staff would note that Section 5.02 of the Development
Ordinance empowers the Commission to require pedestrian sidewalks when
it feels their inclusion will serve the public interest. Staff recommends the
inclusion of sidewalks within the subdivision. Responsibility for
construction of the sidewalks should be specified by covenant as well as
stated in writing on the front of the final plat.
Conclusion and
Recommendation:
Using Appendix D of the Development Ordinance No. 1444, staff reviewed
the preliminary plat and finds it conforms to some extent but needs
clarification of lots with minimum lot area, lot coverage, and building on
each lot. If the Planning and Zoning Commission wishes to consider this
plat, staff suggests the following conditions be considered:
. Construction drawings shall indicate off-site drainage improvements to
ensure proper drainage of the adjacent properties.
. Approval from the franchise utilities regarding the size and location of
the proposed utility easements shall be provided for City review and
approval.
La Porte Square T/H - Preliminary Plat
12114/2006 - P & Z Meeting
Page 3 of3
. Payment of fees shall be made to the City in lieu of parkland dedication.
The money will be placed in an escrow account and will only be used for
the acquisition or improvements of public park land or facilities located
in that park zone.
. Covenants, Conditions, and Restrictions (CCRs) shall be furnished to the
City for review and approval.
. Complete construction drawings shall be submitted for review and
approval by the City along with the submittal of the final plat.
. Developer is responsible for installation of sidewalks along all streets
within the subdivision.
Options available to the Commission are as follows:
. Approval of the Preliminary Plat authorizes the developer to submit a
Final Plat.
. Conditional approval of the Preliminary Plat as filed.
. Disapproval of the Preliminary Plat requires submission of a new
Preliminary Plat.
~~~-'~~\~'rt:;~.~
Bayport North Industrial Park II
Preliminary Plat
Exhibits
A. Staff Report
B. Area Map
C. Overall Layout
D. Preliminary Plat
Staff Report
Preliminary Plat for
Bayport North Industrial Park II
December 14, 2006
Requested Bv:
Requested For:
Location:
Back2round:
Analvsis:
Bob Klassen
187.6711 acres of land out of the William M. Jones Survey, Abstract 482,
Harris County, Texas.
Bayport Industrial District (La Porte ETJ)
Underwood Road @ Fairmont Parkway
The applicant is platting 187.6711 acres of land into six restricted reserves
for an industrial park to be known as Bayport North Industrial Park II in the
Bayport Industrial District and within the Extraterritorial Jurisdiction (ETJ)
of La Porte. The plat for the Bayport North Industrial Park I was approved
on August 19, 1999. Bayport North Industrial Park I is located at the
southwest of Fairmont Parkway and Underwood Road.
The owner/developer plans to develop the tract for industrial uses. The
developer will construct streets and the storm drainage/detention system that
will connect with the regional systems in accordance with the policies of the
City of La Porte and Harris County Flood Control District.
The Comprehensive Plan classifies Underwood Road as a Primary
Arterial, which has four lanes divided with R.O.W. capacity that allows
for addition of two lanes. The Thoroughfare Plan proposes extension of
Underwood Road into extraterritorial jurisdiction. The plat shows existing
50' R.O.W. and 98' wide ingress and egress easement for the widening of
future Underwood Road to an ultimate 150' ROW.
The City has limited water and wastewater service to offer to this project.
An industrial district agreement will need to be developed which
establishes the City's commitment for utility service and the developer's
commitment for other infrastructure improvements in accordance with the
Public Improvement Criteria Manual (PICM). A 50' wide Exxon Pipeline
Co. Easement is located along the south side of Fairmont Parkway. In
addition, a 50' wide strip is shown as landscape easement. A 10' wide
waterline and a 15' wide sanitary sewer easement have been shown
around each of the reserves. The plat also shows a 21.5' wide aerial
easement dedication south and east of the subject tract. A 50' wide
railroad easement is located adjacent to Big Island Slough. A 70' wide
strip is dedicated as a drainage easement along southern and northwestern
property lines.
"BIT
Bayport North Industrial Park II
12/14/06 - P & Z Meeting
Page 2 of2
The detention/drainage system will be located within the industrial district
limits of Pasadena. Site drainage drawings for the future development of
the reserves must be approved by Harris County Flood Control District
(HCFCD).
The City of La Porte excludes from the terms, conditions and effects of the
La Porte Development Ordinance and all amendments hereto, land
included within the boundaries of any Industrial District or Districts within
the Extraterritorial Jurisdiction of the City of La Porte. Harris County
Public Infrastructure DivisionlEngineering Department, Harris County Flood
Control District (HCFCD), and several other easement holders will be
reviewing this plat.
Conclusion/
Recommendation:
Staff recommends support of this development with the understanding that
water and sewer services may be obtained with approval from the City
Council. If the Planning and Zoning Commission wishes to approve the plat,
staff suggests the following conditions as a minimum be considered:
· Landscaping/screening shall be provided along Fairmont Parkway.
Required screening will count towards the required percentage of
landscaping. The planting strip shall be consistent with the one to the
west side of Underwood Road. Earth mounding or berms with trees may
be used to screen from view from the public right-of-way in compliance
with Section 106-444(a) of the Ordinance.
· Traffic Impact Analysis, signalization, and turning lane plans for the
intersection of Willmont Drive at Fairmont Parkway shall be
submitted to the City.
· Show on the plat that public or private streets shall be developed and
maintained as per specifications of Harris County and the City of La
Porte is not responsible for their maintenance.
· Park's deed restrictions/covenants shall be made available for the City
Attorney's review.
Port Crossing
Final Plat
Exhibits
A. Commission's Action Request
B. Area Map
C. Staff Report
D. Final Plat
Port Crossing Business Park - Final Plat
Planning and Zoning Commission
December 14,2006
Location of Proposed Development 1000 Block of S. 16th Street (Powell Road)
Legal Description 286.7 acres of land situated in the George B.
McKinstry Survey, Abstract 47, the William P.
Harris Survey, Abstract 30, Johnson Hunter
Survey, Abstract 35, City of La Porte, Harris
County, Texas.
Applicant Port Crossing Land, L.P. c/o Russell Plank
Present Zoning Planned Unit Development (PUD)
Project Name Port Crossing Business Park
Acreage Approx. 300 acres
Surrounding Zoning North Planned Unit Development (PUD)
East Planned Unit Development (PUD)
South Planned Unit Development (PUD)
West Planned Unit Development (PUD)
Land Use Map Co m m ercial/lnd ustrial
Activitv Proposed Retail/Co m mercial/I nd ustrial
Summary:
· This project has an approved General Plan and Special Conditional Use Permit. The current submittal is a
Final Plat for overall proposed development of Port Crossing Business Park.
· The subject property is located along South 16th Street (Powell Road) West of State Highway 146 South
and East of Union Pacific Railroad (UPRR).
· The property being platted consists of approx. 286 acres, 13 reserves,S blocks, and 75' wide drainage
easement running north and south between restricted reserves for detention area within the project site.
· The plan shows various land uses for the respective reserves. These uses comply with the approved
General Plan and further defined by the Development Agreement as an exhibit to the approved SCUP.
· A 100' building line, landscape buffer, and utility easement is shown for Section I. In addition, a 50'
landscape buffer including building line and utility easement is provided along S. 16th Street (Powell Road)
and State Highway 146.
· South 16th Street (Powell Road) will be widened to 100'ROW up to proposed Wharton Weems Blvd. and extended
upto McCabe Road with 60' ROW. In addition, the southwest portion of existing Powell Road will be abandoned by
Harris County.
· Detention system runs north to south through gravity to regional detention south of Wharton Weems Blvd.
and outfall to Taylor Bayou. Drainage and detention system will be public domain as required by HCFCD.
The City will transfer future maintenance to the developer and the Property Owner's Association.
Recommendation:
Staff reviewed the Final Plat and found it to be in conformance with the Development Ordinance. The approved
General Plan, Special Conditional Use Permit #SCU06-006, Development Agreement, and Covenants,
Conditions, and Restrictions (CCRs) are the prevailing documents to be used as a guideline for the development
of the entire project. Staff recommends approval of the Final Plat with the following considerations:
· Provisions of the approved SCUP, General Plan, Development Agreement, and CCRs must be applied to
the entire project.
· Final construction drawings (as built) shall be submitted to the City prior to the formal acceptance of the
business park.
· As per Development Agreement, the detention system, drainage channel construction and maintenance will be
the sole responsibility of the developer and POA.
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 the infrastructure 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.
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Staff Report
December 14,2006
Port Crossing Business Park
Final Plat
Requested Bv:
Requested For:
Requested Use:
Present Zonin2:
Location:
Back2round:
Russell Plank, Port Crossing Land, L.P.
National Property Holdings, L.P.
F.L.P.Candle GP, Inc.
Del Pi so Investment, L.L.P.
286.7 acres of land out of the George B. McKinstry League, Abstract 47,
William P. Harris Survey, Abstract 30, and Johnson Hunter Survey, Abstract
No. 35, La Porte, Harris County, Texas.
BusinesslIndustrial, Commercial
Planned Unit Development (PUD)
South 16th Street (Powell Road)
The owner/developer plans to develop approximately 300 acres, presently
zoned Planned Unit Development (PUD) for retail, commercial, and
business park with some industrial uses, further defined by a General Plan
and Development Agreement between the owner/agent and the City of La
Porte. The project is to be located in an area south of Fairmont Parkway
along S. 16th Street (Powell Road) between the existing Union Pacific
Railroad (UPRR) and State Highway 146 South.
As a part of the Planned Unit Development process, a Special Conditional
Use Permit (#SCU05-003) and a General Plan covering the La Porte 81 Ltd.,
La Porte 82 Ltd., La Porte 115 Ltd., and La Porte 146 Venture, LP.,
(formerly Texas Import/Export Park) were approved by City Council on
March 28,2005. Subsequently, the applicant requested a one year extension
of this Special Conditional Use Permit, which was granted by the Planning
and Zoning Commission at the February 16,2006, meeting.
Under the terms of Development Ordinance 1444, the proposed
development is considered to be a major subdivision. The Development
Ordinance requires a two-stage approval process for major subdivisions.
The first stage is preliminary plat review and its formal approval followed
by submittal of a final plat, along with the construction drawings and other
applicable documents. Once the final plat and construction drawings are
approved, the applicant may proceed with the site improvements.
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Port Crossing
Final Plat
Page 2 of 4
Analvsis:
The applicant is currently proceeding with platting the entire project. This
is the first step towards planning and development of a large scale project.
The developer's intent is to develop the entire tract in accordance with the
applicable Special Conditional Use Permit, General Plan, and
Development Agreement approved by the City. The applicant/developer
submitted a Preliminary Plat for Port Crossing, which was conditionally
approved by the Commission on May 25,2006.
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 developer's intent is to develop the proposed reserves with
underlying land uses as per the approved General Plan and the Development
Agreement contemplating some industrial components consistent with the
City's Land Use Plan (subject to certain exceptions listed in the
Development Agreement). The plat's significant features include: fifteen
restricted reserves with underlying land uses (permitted in General
Commercial (GC), Business Industrial (BI), Light Industrial (Ll), Heavy
Industrial (HI);) open space and storm water detention areas, landscape
buffers, roadway network, construction of Export Drive (60'ROW),
Wharton Weems Boulevard (lOO'ROW) and widening of Powell Road to
100' ROW as the project proceeds.
The Developer's Agreement defines the land uses that are acceptable within
various reserves of this proposed development. In Reserve "I", Heavy
Industrial (HI) uses are permitted with some limitations including rail
activities. Trucking operations and shipping containers that are in transit or
are being used to deliver material into or out of this development would be
permitted. The future use of these reserves shall be reviewed with the formal
site development plan submittal.
Landscaping/Open Space - The General Plan shows the relationship of
landscape, open space and also demonstrates how the trail system, open
space area, and the stormwater detention system are interrelated. The City
may elect to accept these facilities depending on the final design of the said
project. Buffering and beautification are also addressed in the General Plan.
A 100' wide landscape buffer, building line, and utility easement are
provided for Section 1 to be located along Powell Road. The final plat of
this section was approved earlier by the City. A 50' landscaping buffer
including building line and utility easements will be provided along Powell
Road south of Section 1 up to McCabe Road. In addition, a 50' landscape
buffer, building line, and utility easement are shown along State Highway
146 South. The hike and bike trail along detention basins and drainage
channel shall be provided along with landscaping within building setback
areas and easements throughout this development in compliance with the
approved General Plan and as stated in the Development Agreement.
Port Crossing
Final Plat
Page 3 of 4
Conclusion:
Transportationffraffic Control Plan - Truck traffic is typically associated
with this type of commercial and industrial development. In an attempt to
reasonably control truck traffic, a traffic plan has been completed. The plan
shows that all trucks will enter and leave the site via State Highway 146 and
Wharton Weems Blvd., and no trucks will proceed north along S. 16th Street
(Powell Road) to Fairmont Parkway. Signs, driveway design, routing plans,
and individual driver instructions will be posted to implement these
provisions. A more specific review of the traffic plan will occur during the
review of the development site plan as subsequent reserves develop. In
accordance with the General Plan, Powell Road will be widened to a 100'
right-of-way up to Wharton Weems Boulevard and extended to McCabe
Road with a 60' right-of-way. It is noted that the southwest section of
existing Powell Road will be abandoned subject to approval by Harris
County. Owner/developer is coordinating with Harris County on the subject
matter.
Utilities, Drainage - Public utilities/services need to be extended to
facilitate an entire business park. Staff and the developer have agreed that
the water system needs to be upgraded to provide suitable fire protection.
The existing waterline is 8" on the west side of Powell Road parallel with a
pipeline easement. A proposed 12" waterline is shown on the east side of
Powell Road. There is a 12" waterline at southbound 146 and M Street
right-of-way. The capacity is adequate and fire flow is estimated at 1500
gpm. A sanitary sewer service would be provided through the existing 12"
sanitary sewer line located to the northeast of the development along Powell
Road. The proposed sanitary sewer service will be 18". The storm water
facilities will be designed in accordance with the City of La Porte and Harris
County Flood Control District requirements. The design of the storm water
detention basin will be reviewed with the construction drawings.
City Council approved Special Conditional Use Permit#SCU06-006 for an
entire development of Port Crossing. This SCUP has exhibits and the
Developer's Agreement, Covenants, Conditions, and Restrictions (CCRs)
are part of this SCUP, which are the prevailing documents for this entire
development.
· Provisions of the approved SCUP, General Plan, Development
Agreement, and CCRs must be applied to the entire project.
· Final construction drawings (as built) shall be submitted to the City prior
to formal acceptance of the business park.
· As per requirement of the Harris County Flood Control District
(HCFCD), the City approved that the drainage and detention system will
be public domain and the City shall have a right of entry. In addition, the
City will transfer future maintenance of the system to the developer and
Property Owner's Association as described in the CCRs. The detention
Port Crossing
Final Plat
Page 4 of 4
Recommendation:
system/drainage channel construction and maintenance will be the sole
responsibility of the developer and Property Owner's Association.
The Final Plat is in accordance with the City's development regulations.
Staff recommends approval of the Final Plat. The following items need to be
addressed prior to the recordation of the Plat:
· All construction improvements are complete at site.
· Final construction drawings (as built) shall be submitted to the City for
acceptance.
· Furnish approval letter from the Exxon/Mobil for utility construction and
pipeline overlapping into the right-of-way.
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 the 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.
Zone Change Request
#R06-004
Exhibits
A. Commission's Action Request
B. Area Map
C. Staff Report
D. Conceptual Plan
E. Application
F. Public Notice Response
Zone Change Request #R06-004
Planning and Zoning Commission
December 14,2006
Location of Proposed Change Spencer Hil?:hway near Bav Area Boulevard
Legal Description of Proposed Zoning Lots 56, 57, 58, 63, 64, and 65, La Porte Outlots,
Richard Pearsal Survey, Abstract No .625
Aoolicant Ken Schick
Present Zoning High Density Residential (R-3) and Large Lot
Residential (LL)
Requested Zoning General Commercial (GC)
Acreage to be Rezoned 19.6505 acres
Surrounding Zoning North Large Lot Residential (LL)
East General Commercial (GC)
South General Commercial (GC)
West High Densitv Residential (R-3)
Land Use Man Low Densitv Residential
Activitv Proposed Commercial/Retail
Summary:
. The applicant is requesting rezoning of the subject property from
High-Density Residential (R-3) and Large Lot Residential (LL) to
General Commercial (GC) for commercial/retail purposes.
. The subject tract is located to the east of Spencer Landing
Subdivision approximately 650 feet west of intersection at Bay Area
Boulevard.
. Spencer Highway, a primary arterial with a 100'ROW, may wel1
accommodate the traffic generated by this development.
. Bay Area Blvd. construction from Fairmont Parkway to Spencer
Highway has been completed.
. Sens Road widening project shal1 benefit the movement of traffic
from Spencer Highway to State Highway 225.
. Improvement of these thoroughfares and findings of commercial
study for this intersection have encouraged the applicant/developer
to plan commercial development at this intersection.
. Infrastructure needs to be designed and constructed to accommodate
the anticipated developments.
. On-site detention shal1 be required to mitigate any adverse impact of
drainage on the adjacent properties.
. Landscaping/screening adjacent to the subdivision shal1 be required
to minimize any noise impact to the abutting residential uses. In
addition, ordinances require that parking lot lighting shal1 be
arranged so as to deflect lights away from any adjoining residential
zone or from public right-of-way.
Recommendation:
. Since, Economic Development is the City's top priority and
proposed development has merits. 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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Low Density Residential
(R-3) High Density Residential
_ (GC) General Commercial
(PUD) Planned Unit Development
(BI) Business Industrial
Large Lot District
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Staff Report
December 14,2006
Zone Change Request #R06-004
ReQuested by: Ken Schick, on behalf of Lawrence B. Chapman, Trustee
ReQuested for: Approximately 19.6505 acres of land located in the Richard Pearsal Survey,
Abstract No. 625 and further described as all or portions of Lots 56, 57, 58,
63,64, and 65, La Porte Outlots, City of La Porte, Harris County, Texas.
Location: Spencer Highway near Sens Road
Present ZoniD!!:: High Density Residential (R-3) and Large Lot Residential (LL)
ReQuested Zonine:: General Commercial (GC)
Surroundine: Zonine::
North - Large Lot Residential (LL)
South - General Commercial (GC)
East - General Commercial (GC)
West - High Density Residential (R-3)
Backe:round:
Approximately 31 acres of undeveloped land is located at the northeast
comer of Spencer Highway and Bay Area Boulevard (Sens Road). The
adjoining property to the west is Spencer Landing Subdivision. One-half of
Outlots 56, 57, 58 and all of 63, 64, and 65 totals 15 acres, currently zoned
High Density Residential. The remaining half of Outlots 56, 57, and 58
totals four acres, zoned Large Lot Residential. In addition, the property at the
northeast comer of Spencer Highway and Sens Road, approximately 12
acres being Outlots 59, 60, 61, and 62, is zoned General Commercial (GC).
The subject tracts have approximately 988 feet of frontage along Spencer
Highway. The property is located approximately 643 feet west of the
intersection of Spencer Highway at Bay Area Boulevard. The property in
question is also in the vicinity of single-family residential, La Porte
Independent School District's property along Sens Road and upcoming
commercial and public projects, e.g. Shell Federal Credit Union, Police
Dept., and Municipal Court. In addition, extension of Bay Area Boulevard
from Fairmont Parkway to Spencer Highway has recently been completed.
Currently, Harris County is undertaking the project of Sens Road widening
from Spencer Highway to North 'P' Street connecting with State Highway
225. Both, Spencer Highway and Bay Area Boulevard are classified as
primary arterial roadways.
8iXHIIT C
#R 06-004
P&Z 12/14/06
Page 2 of 4
Analvsis:
The applicant seeks to rezone this property from High Density Residential
(R-3) and Large Lot Residential (LL) to General Commercial (GC) for
commercial/retail purposes.
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 low density residential, however, commercial uses are shown
at the intersection of Spencer Highway and Bay Area Boulevard (Sens
Road), where the properties in all directions are zoned General Commercial
(GC). Land uses along major thoroughfares indicate that the area is
intended for commercial developments. The City has been consistent in
providing General Commercial (GC) uses along 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 ofthe 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 tracts in question will have access along Spencer
Highway. An arterial with a 100' right-of-way, may accommodate the
additional traffic generated by future commercial developments. However,
controlled access management techniques shall be adopted, e.g. limited
number of driveways and posting of signs to avoid any traffic conflict.
A Traffic Impact Analysis study shall be required for proposed
developments at this intersection. Sens Road widening will have an impact
on the future developments and flow of traffic at this intersection.
#R 06-004
P&Z 12/14/06
Page 3 of 4
Utilities - Water facilities are available to the property. Sanitary sewer
needs to be extended to this development. Once the Sens Road improvement
project is completed, infrastructure will be in place for anticipated
developments at the subject tracts. Storm water drainage will be reviewed
with the development site plan submittal for proposed development. On-site
detention shall be required to minimize the drainage impact on the
surrounding properties.
Economic Development - One of the aspects of the Comprehensive Plan is
to encourage new and sustained investment in the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging
in-fill development within existing infrastructure service areas. Commercial,
retail, and service activities should be clustered throughout the City and be
convenient to residential areas. In addition, commercial activities should be
concentrated in nodes along major thoroughfares and intersections, such as
the proposed location at the intersection of Spencer Highway and Bay Area
Boulevard.
Buxton Study - An economic development study was performed 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 the
following three sites to be analyzed and ranked for possible retail
development or revitalization.
Site No.1 - State Highway 146 @ Fairmont Parkway
Site No.2 - Spencer Highway @ Bay Area Boulevard
Site No.3 - Canada Road @ Fairmont Parkway
To aid in the decision-making process to select the best site, the company
ranked Spencer Highway at Bay Area Boulevard as the second best retail
trade potential site. The City is in need of additional commercial/retail
developments, as mentioned by the study. A list of potential
commercial/retail developments to serve area residents is as follows:
· Food and drug stores
· Restaurants
· Home Furnishing
. Apparel
· Sports & recreation stores
· Medical and dental offices
· Beauty salons
· Real estate and other professional offices
#R 06-004
P&Z 12114/06
Page 4 of 4
Conclusion /
Recommendation:
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 east and south of this tract. The applicant
is requesting to rezone the property from High Density Residential (R-3) and
Large Lot Residential (LL) to General Commercial (GC). A conceptual plan
for future commercial activities planned at this site is attached.
Homeowners Association - Spencer Landing Homeowners' Association
has expressed support for rezoning of this property to the requested General
Commercial, in order to avoid having multi-family development (e.g.
apartments) being developed abutting this subdivision to the east. A letter is
submitted in this regard.
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. In addition, it
provides an opportunity for staff to clarify and correct boundary lines for the
Large Lot district, as the Large Lot district boundary falls in the middle of
the said tracts and/or outlots. Development within the subject tract should
not negatively impact the surrounding properties nor harm the value of
nearby properties. The zone change would not have a significant impact on
traffic conditions in the area and utilities may support future developments.
Actions available to the Commission are listed below:
· Recommend to Council approval of this rezoning request, from High
Density Residential (R-3) and Large Lot Residential (LL) to General
Commercial (GC).
· Recommend to Council denial of this rezoning request from High
Density Residential (R-3) and Large Lot Residential (LL) to General
Commercial (GC).
· Table this item for further consideration by the Commission.
November 14, 2006
RE: Rezoning of Property Adjacent to Spencer Landing Subdivision
To Whom It May Concern:
In addition to the normal city zoning requirements, the Spencer Landing HOA is
supportive ofthe rezoning proposition for the acreage owned by Mr. Ken Schick, located
at the comer of Sens Road. and Spencer Highway, with the following stipulations:
· 100 Foot buffer zone between Spencer Landing fence line and the commercial
development
· Commercial use to exclude a hoteVmotel
· Commercial use to exclude a mini storage or any such storage facility
-~~-
Trent Wise, President
In addition, because ofthe care Mr. Schick has shown in developing the potential retail
areas and his willingness to work with the Spencer Landing homeowners, our support of
this rezoning proposition is contingent upon Mr. Schick retaining ownership ofthe
property through out the development ofthe approved project.
~ 5?J2-
ussell Schoppe, VIce PresIdent
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Lonna'Green, Secretary
or
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Oct 26
04:19p
Ken ~ Yvonne Schick
512 264 8825
p. 1
City of La Porte
Established 1892
APPLICATION FOR
ZONE CHANGE REQUEST
OFFICE USE ONLY:
FEE: $ 300..00
Application No.:
Date Received:
Receipt No.:
( ) Site Plan () ~or Development Site Plan
( ) Major Development Site Plan ( ) General Plan
( ) Site Plans ~ubmitted on
Appliant"s Name: kl\l;ve-~ W. <SC14-ICf<..
&.{I oS" C'OA-W i-o rzL ~ r>
Address: -; t'R"',w 0 ,><4 I -[1 :z '{ ,,,'I Ph: 5'(1- ~
Date: q No C/ 706 tQ Signature: _~
Owner's Name: L 14 w,....,. "'- 'B cI. 0' ... .. "'i I"""; I-~ C,\t~ J ~ )
Address: ~1P~ t,)r)()Jtvtf1. So ~ ItS tJ, ~ ~ Ph: 1/3-.J /..--L - 2.-'2-2-6
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Property Legal Description: ~ See Attached
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I ft,M 1J.IE/OWNER OF THE HEREIN DESCRIBED PROPERTY AND ~ ~
W. ~ </1.,-':' It. IS AUTHORlZED TO FILE TInS ;ZON ON MY BEHAl.F.
Dale: () J. ~'" 21, U IJ (, Signature" ~~ dr, ~ ~/
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Zone: R- ~ Requested Zone Change: G C SIC No:
Proposed Usage: . Co-P\I\ MefL~ J\ L ~~ '1
OFFICE USE ONLY
1) Planning & Zoning: (a) P"reliminary 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 ()
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