HomeMy WebLinkAbout12-14-06 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 DECEMBER 14, 2006
Pat Muston, Nick Barrera, Kirby Linscomb Jr. and Paul Berner
Doretta Finch, Dottie Kaminski, Claude Meharg, Hal Lawler (Alt 1) and
Les Bird (Alt 2)
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 NOVEMBER 16, 2006, MEETING MINUTES.
Chairperson Pat Muston advised that a correction is needed regarding item # 4 of the
November 16, 2006, meeting minutes. The location needs to be changed to the
southwest corner of Wharton Weems instead of the southeast corner as written.
Motion by Paul Berner to approve the Minutes of November 16, 2006 with the above
listed correction. Second by Nick Barrera. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, and Linscomb
None
None
3. CONSIDER EXTENSION REQUEST FOR PRESERVE AT TAYLOR BAYOU.
The staff report was given by Masood Malik, City Planner. The applicant Deborah
Mason, on behalf of Burchfield Development, L.P., has requested and extension for the
Special Conditional Use Permit, General Plans and the Final Plat for Preserve at Taylor
Bayou, Phase I. 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. The project has encountered some difficulties and the
developer still needs to address the following issues: sanitary sewer, detention, and the
dedication of the 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.
Motion by Paul Berner to approve the extension request for the Special Conditional Use
Permit, General Plans and the Final Plat for Preserve at Taylor Bayou, Phase I. Second
by Nick Barrera. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, and Linscomb
None
None
4. CONSIDER PRELIMINARY PLAT FOR PROPOSED LA PORTE SQUARE
TOWNHOMES.
The Staff Report was given by Wayne Sabo, Planning Director. The applicant, Covenant
Neighborhoods, Inc. is seeking a townhome development with single lot configuration.
As proposed, La Porte Square Townhomes has 56 lots, two Blocks and two Reserves
restricted for open space/common area use only.
Barry Hunsworth, Project Engineer, addressed the Commission. Mr. Hunsworth spoke
regarding lot coverage and responsibilities of the homeowners association in regards to
maintaining the property.
David Kim, Project Manager for Covenant Neighborhoods, Inc., addressed the
Commission regarding lot coverage for the townhomes. Mr. Kim also informed the
Commission that the town homes shall be energy sufficient.
Questions from the Commission were addressed by David Kim and Barry Hunsworth.
Motion by Nick Barrera to approve the Preliminary Plat for proposed La Porte Square
Townhomes. Second by Paul Berner. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, and Linscomb
None
None
Staff was directed by the Commission to return with a proposed ordinance regarding
townhomes.
5. CONSIDER PRELIMINARY PLAT FOR PROPOSED BAYPORT NORTH INDUSTRIAL
PARK II.
Nick Barrera advised that he will have to abstain from hearing this item due to a conflict
of interest with the property in question. Mr. Barrera advised he was one of the land
surveyors and he could not sit in on this item.
Assistant City Attorney Clark Askins advised that the item could not be heard at this
meeting due to lack of a quorum. Bob Klassen, the applicant, was present and was
informed that the item would be placed on the agenda for the January Planning and
Zoning Commission meeting.
6. CONSIDER FINAL PLAT OF PORT CROSSING.
The staff report was given by Masood Malik, City Planner. The owner/developer plans to
develop approximately 300 acres, presently zoned Planned Unit Development (PUD) for
retail, commercial, and a 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 Final Plat for Phase I involving thirteen acres was approved earlier this year.
Mr. Malik advised that 75% of the utilities, 50% of the roads and 50% of the drainage
have been completed.
Russell Plank, owner/developer, addressed the Commission. Mr. Plank advised the
Commission that he appreciated all the hard work from the Commission and Staff on this
project. Mr. Plank advised that since the last meeting a traffic analysis has been
completed and is currently being reviewed by TXDOT.
Motion by Paul Berner to approve the Final Plat for Port Crossing. Second by Kirby
Linscomb Jr. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, and Linscomb
None
None
7. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST
#R06-004 REQUESTED FOR PROPERTY LOCATED ALONG SPENCER HIGHWAY
NEAR BAY AREA BOULEVARD, FURTHER DESCRIBED AS ALL OR PORTIONS OF
LOTS 56, 57, 58, 63, 64, AND 65, LA PORTE OUTLOTS, RICHARD PEARSAL
SURVEY, ABSTRACT 625, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT
KEN SCHICK, SEEKS TO REZONE THE PROPERTY FROM HIGH DENSITY
RESIDENTIAL (R-3) AND LARGE LOT RESIDENTIAL (LL) TO GENERAL
COMMERCIAL (GC).
Chairperson Muston opened the public hearing at 6:48 p.m.
A.
STAFF PRESENTATION
The Staff Report was given by Mr. Malik. The applicant, Ken Schick, on
behalf of Lawrence B. Chapman, Trustee seeks to rezone the property
from High Density Residential (R-3) and Large Lot Residential (LL) to
General Commercial (GC) for commercial/retail purposes..
Notices of public hearing were mailed to property owners within 200' of
the subject area. Of the 41 mailed, the City received one response
favoring the rezone request and none in opposition.
B.
PROPONENTS
Ken Schick, the applicant, advised the Commission that he has support
from the Spencer Landing Home Owners Association. Mr. Schick also
stated that previous attempts on this property have been for multi-family,
low income homes and the homeowners were against those
establishments.
C.
OPPONENTS
There were none.
8. CLOSE PUBLIC HEARING.
Chairperson Muston closed the pUblic hearing at 7:04 p.m.
9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE
REQUEST #R06-004 FOR THE PROPERTY LOCATED ALONG SPENCER HIGHWAY
NEAR BAY AREA BOULEVARD, FURTHER DESCRIBED AS ALL OR PORTIONS OF
LOTS 56, 57, 58, 63, 64, AND 65, LA PORTE OUTLOTS, RICHARD PEARSAL
SURVEY, ABSTRACT 625, LA PORTE, HARRIS COUNTY, TEXAS.
Motion by Paul Berner to recommend to City Council approval of Rezone Request #R06-
004. Second by Kirby Linscomb Jr. The motion carried.
Ayes:
Nays:
Abstain:
Muston, Barrera, Berner, and Linscomb
None
None
10. ADMINISTRATIVE REPORTS
Wayne Sabo
. The Rezone Request for Canada Road was approved by City Council (4-2).
. Staff was directed by City Council to bring before the Planning and Zoning
Commission a workshop regarding the 200 ft. rule for notification of public
hearings.
. The TIRZ Board has agreed to take over maintenance responsibility for the
channel for Lakes at Fairmant Greens from Harris County. They are working
out the details at this time.
. The preconstruction conference was held for the trunk/sewer project and a
notice to proceed with the project was issued.
Masood Malik
. The Special Conditional Use Permit for Preferred Freezer was approved by
City Council.
. Building Design Standards along major thoroughfares was approved by City
Council with a vote of (7 to 1).
. Port Crossing is rapidly moving forward with development.
. Land is being cleared at the Lakes at Fairmont Greens-Section 1 site. A
Preliminary Plat for Section 9 is anticipated in the near future.
. The Value Place Extended Stay Hotel next to Taco Bell has started the
grading process.
11. COMMISSION COMMENTS
There were none.
12. ADJOURN
The meeting was adjourned at 7: 18 pm.
Submitted by,
Approved on this /15' day of
~~.
Chairperson, Planning and Zoning Commission
,2007.
Special Conditional Use Permit
#SCU07-001
Exhibits
A. Commission's Action Request
B. Area Map
C. Staff Report
D. Draft SCUP
E. Application & Supporting Documents
F. Public Notice Response
Special Conditional Use Permit #SCU07-001
Planning and Zoning Commission
January 18, 2007
Location of Proposed Development 11006 North Avenue P
Legal Description TR 394A, La Porte Outlots, City of La Porte,
Harris County, Texas.
Applicants Shelly and Allan Rankin
Present ZoniDl! Large Lot District (LL)
Acreage 1.93 acres
Surrounding Zoning North Large Lot District (LL)
East LL
South LL
West LL
Land Use Plan Residential
Activitv Proposed FFA/4-H Program
Recommendation:
. The applicants are requesting a Special Conditional Use Permit (SCUP) for
developing a project site for FF A & 4-H programs.
. The property is currently zoned Large Lot District (LL) and located west of
Sens Road along North Avenue P in Lomax area.
. The Large Lot zoning assigned to this area is, based on the large amount of
undeveloped, unsubdivided acreage, and urban/rural atmosphere in this area.
. To develop subject use in a large lot district, a Special Conditional Use Permit is
required from the City.
. The subject property is surrounded by residential developments in all
directions. Harris County Flood Control District drainage channel abuts to
the south of this tract.
. The applicants are proposing to house animals at the barn and land located at
the subject property for projects under FF A & 4-H programs.
. The projects are agricultural in nature and not for commercial purposes. All
proceeds will go to support scholarship funds.
. The overall impact on public services should be minimal.
. Impact upon the public health, safety, and welfare of the City should be
minimal.
Summary:
Staff recommends approval ofSCUP with the following conditions:
. SCUP#07-00l is specifically limited to the FF A & 4-H programs.
. Program is agricultural in nature not for commercial purposes.
. Project site including barn is to be kept clean and sanitized per health and safety
standards.
. On-site records are kept to help ensure proper treatment and timely
dissemination.
. Follow preventive health measures and proper vaccine precautions.
. Ensure timely manure removal from the facility to control flies and odors. And
avoid potentially harmful residue which could pose a health hazard to humans.
. Annual Certificate of Compliance with safety standards shall be applicable.
. The Developer shall comply with all applicable laws and ordinances of the
City and the State of Texas.
Action 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.
~Vt.Jifii:;)'l J...
~u~l.,
Staff Report
January 18, 2007
Special Conditional Use Permit #SCU07--001
ReQuest:
ReQuest Bv:
ReQuested For:
Present Zoning:
ReQuested Use:
Background:
Special Conditional Use Permit for proposed Future Farmers of America
Program (FFA).
Allan and Shelly Rankin rlo 11006 North Avenue P.
1.93 acre tract ofland being TR 394A, La Porte Outlots, City of La Porte,
Harris County, Texas.
Large Lot Residential (LL)
Continuing education in the ownership and care oflivestock projects.
FF A is a dynamic, student-led leadership development organization for
students of agricultural education. The FF A changes lives and prepares
students for premier leadership, personal growth and career success.
Future Farmers of America is the official name of the organization.
Agriculture is much broader than farming and ranching. Members study
things such as horticulture, aquaculture, food sciences, accounting,
wildlife management, mechanics and engineering. Regardless of an FF A
member's career choice the FFA provides opportunities to build and apply
math, science, technology and leadership skills to their life. The FF A is an
integral part of the school's agricultural science program. Each local
program is led by an agricultural science teacher who works for the
school. FF A members apply what they learn in the classroom in FF A
activities through school activities. FF A activities are an outgrowth of the
classroom and supervised independent enterprises and projects.
Every FF A member must have a supervised agricultural experience
program (SAE). SAE is a project or enterprise that gives members hands-
on training and a chance to apply what is learned in the classroom.
Livestock projects are very popular, but there are a lot of options:
placement in an agricultural job, internships, experimental work in
agricultural science, horticultural projects and crop projects.
The applicant's son, Derrick Rankin, a participant of the La Porte FFA
Chapter at La Porte High School and an active member of the La Porte 4-H
Club, is proposing to house animals for livestock projects at the facility. The
subject property is located at 11006 North Avenue P. A I-story metal
building/barn is located at least 100 ft. away from the principal building.
Approximately a I-acre tract of land is undeveloped with a pond in the rear
of the subject tract.
The zoning designation of the property in question is Large Lot Residential
(LL). FF A & 4-H programs are classified as conditional use per Section
106-416 of the City's Code of Ordinances.
IXHISl1" I
.,--1
SCU07-001
1/18/07 (P&Z)
Page 2 of3
Analvsis:
Conclusion/
Recommendations:
Section 106-217 establishes the following review criteria and conditions for
approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to the use
and enjoyment of the other property, nor significantly diminish or impair
property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each district, have
been met by the applicant.
. That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public interest
and welfare of the community.
The proposed use would have some impact on the surrounding properties.
Traffic flow within and between neighborhoods and throughout the
community should not be affected by the proposed use. Existing roads are
adequate to support the said project.
Staff has reviewed existing facilities and services for each of the component
of the utility system for the proposed development. Existing water is
adequate for potable and fire protection. Sanitary sewer is available to the
property. Storm drainage is not affected by the proposed use. The property
abuts Harris County Flood Control District's drainage channel to the south.
Staff has found the request satisfies applicable Ordinance requirements. The
request is compatible with the goals and objectives of the Comprehensive
Plan. The specific use should be compatible with and not injurious to the use
and enjoyment of other property, nor significantly diminish or impair
property values within the immediate vicinity.
Staff recommends approval of Special Conditional Use Permit #SCU07-001
with the following conditions:
. SCU#07-001 is specifically limited to the FFA & 4-H programs.
. Program is agricultural in nature not for commercial purposes.
. Project site including barn is to be kept clean and sanitized per health and
safety standards.
. On-site records are kept to help ensure proper treatment and timely
dissemination.
. Follow preventive health measures and proper vaccine precautions.
. Ensure timely manure removal from the facility to control flies and
odors, so that it does not have potentially harmful residue which could
pose a health hazard to humans.
seU07 -00 I
III 8/07 (P&Z)
Page 3 of3
Staff has found the request satisfies applicable Ordinance requirements. The
request is compatible with the goals and objectives of the Comprehensive
Plan. The specific use should be compatible with and not injurious to the use
and enjoyment of other property, nor significantly diminish or impair
property values within the immediate vicinity.
Conclusion/
Recommendations:
Staff recommends approval of Special Conditional Use Permit #SCU07 -001
with the following conditions:
. SCU#07 -001 is specifically limited to the FF A & 4-H programs.
. Program is agricultural in nature not for commercial purposes.
. Project site including barn is to be kept clean and sanitized per health and
safety standards.
. On-site records are kept to help ensure proper treatment and timely
dissemination.
. Follow preventive health measures and proper vaccine precautions.
. Ensure timely manure removal from the facility to control flies and
odors, so that it does not have potentially harmful residue which could
pose a health hazard to humans.
. Annual Certificate of Compliance with safety standards shall be
applicable.
. The applicant shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
. Continue the public hearing at the Commission's next regular meeting to
allow additional testimony and further study of this item. This results in
tabling any action on this item.
City of La Porte
Special Conditional Use Permit # SCU 07-001
This permit is issued to:
Shelly and Allan Rankin, (Derrick Rankin, applicants son)
Owner or Agent
11006 North Avenue P, La Porte TX 77571
Address
For Development of:
FFA & 4-H Proqram
Development Name
11006 North P Avenue
Address
Legal Description:
TR 394 A. La Porte Outlots, City of La Porte,
Harris County, Texas.
Zoning:
Lan::Je Lot District (LL)
Use:
Livestock Proiects
Permit Conditions:
1. SCU#07-001 is specifically limited to FFA, 4-H programs.
2. Program is agricultural in nature not for commercial purposes.
3. Project site including barn is kept clean and sanitized per health and safety standards.
4. On-site records are kept to help ensure proper treatment and timely dissemination.
5. Follow preventive health measures and proper vaccine precautions.
6. Ensure timely manure removal from the facility to control flies and odors, to avoid potentially
harmful residue which could pose a health hazard to humans.
7. Annual Certificate of Compliance with safety standards shall be applicable.
8. The Developer shall comply with all applicable laws and ordinances of the City and the State of
Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
CITY OF LA PORTE
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
Application No.: Scu 07- (JO /
OFFICE USE ONLY: Fee: $300.00 Date Received: /;) - 8- - // t
Receipt No.: ~ 6J;L 0
Note: This Fee is Non-Refundable Regardless of the Commission/CC's Decision.
Certified Plans Submitted:
( ) General Plan
( ) Minor Development Site Plan
()
o
Major Development Site Plan
Preliminary Plat
Applicant:
a1l4Y1 d ~en'( ~4V7~(;Y\
Name
1) Db b No r--+1r- .Av -e h u....Q... fO. _
~Cl Po f~+-< ,J;ddress '1 '1 rVJ 1 ( J.-.~vn.J"d-)
PH: Z g I - l{? I ' J ( 7 (
(Cell) (~I!) l(~.... 6 '1f,
Business Name:
--
Zone:
IrK 391 fj
~fUt vg-- ~ t2u i ~- cJ
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Ou+\e.A-
Legal Description:
SIC#
Type of Business:
L~
A Site Plan of the property is attached. Also, I have listed the information requested below on the
following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The grounds upon which I am making this request.
* If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
Date
Applicant's Signature
Office Use Only
Date ofP&Z Public Hearing:
Recommendation:
YorN
City Council Meeting Date:
Approved:
YorN
This application is: Approved ( )
Denied ( )
Permit No.
CLP Job# (if assigned):
Conditions:
=xHIBrr.~~
Proposal for Special Conditional Use Pennit
Allan and Shelly Rankin are submitting this proposal request for the granting of a Special
Conditional Use pennit. This is to advise that the barns and land located at 11006 North
Avenue P. are designated for FFA, 4-H, and state wide projects and that the barns are
kept clean. The facilities provide housing for livestock projects which are not done for
commercial use. Proceeds that are earned go to support scholarship funds and to pay fO,r
feed and other livestock projects. We also allow a few other La Porte FFA students to
house their animals at our facility due to La Porte not having an agricultural facility to
house livestock projects. These projects are educational projects in which lifelong skills
are learned and help to build good character and moral traits. The projects are shown all
over Texas. They are shown at our local livestock show as well as at Harris County and at
the major stock shows across Texas. The major shows being: West Texas State Fair
(Sept. 8- Sept. 16,2006), Fort Worth Livestock Show (Jan. 12 - Feb. 4, 2007), San
Antonio Livestock Show (Feb. 2 - Feb 18,2007), San Angelo Livestock Show (Feb. 15-
Feb 25, 2007), Houston Livestock Show (Feb. 27 - March 18,2007), and the Star of
Texas (March 9 - March 24, 2007). During preparing for the major shows, these projects
are also shown on the state level through the Texas Junior Livestock Association. The
Texas Junior Livestock Association is an association that provides beneficial services for
its members to enhance and encourage junior livestock ownership and participation. This
association also helps to develop leadership in young people and provides knowledge
through educational programs, material and curriculum that position it as a leading
resource organization in the junior livestock industry.
We ask that you grant this Special Conditional Use pennit in order to allow the
continuing education in the ownership and care of livestock projects.
~~
Allan Rankin
Shelly Rankin
/~ - t-tJfe
La Porte
High School
To Whom It May Concern:
As the Advisor of the La Porte FFA Chapter at La Porte High school, I certify
that Derrick Rankin is a member in good standings of the La Porte FFA Chapter.
Derrick is an active member, who participates in livestock Shows at the local,
County, and state level.
Tha2iL ~
Amber Campise
La Porte FFA Advisor
301 East Fairmont Pkwy
La Porte, Texas 77571
281-604-7500
www.lpisd.org
La Porte FF A Chapter
Advisor:
John Guthrie
Office: 281-604-7664
guthriej@lpisd.org
Advisor:
Amber Campise
Office: 281-604-7658
campiseam@lpisd.org
~~ EXTENSION
The Texas A&M University System
3033 Bear Creek Drive
Houston, TX 77084
December 1, 2006
TO: LaPorte City Council - Planning and Zoning Committee
The purpose of this letter is to verify that Derrick Rankin is a member of the LaPorte 4-H Club;
this is his &" year of membership in the Harris County 4-H program. Derrick raises livestock as
part of his 4-H projects and educational experiences. He exhibits his project animals in local
shows, county fair, prospect shows as well as in major livestock shows. Livestock projects are
part of 4-H educatio~ and as such, Derrick is gaining lifelong skills and good character traits.
He does not raise 4-H livestock as a business.
If you have any questions or need additional informatio~ please contact me at 281/855-5618 or
byemail at cbroun@ag.tamu.edu .
Sincerely yours,
(]~ <7/. Kh""",
Cathy H. Broun
County Extension Agent - 4-H
Harris County
-
Agriculture and Natural Resources. Family and Consumer Sciences. 4-H and Youth Development. Community Development
Extension programs s~rve people of all ages regardless of socioeconomic level, race, color, sex, religion, disability, or national origin.
The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperating
A member of The Texas A&M University System and its statewide Agriculture Program
Roster 06-07
Chapter Number: TX0414
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Chapter Name
L A PORTE HS FFA $2.00 of national dues used fortheFFA New Horizons magazine.
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A 1.9333 acre tract of land, more or less, out of LA PORTE OUTLOT
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A Meeting of the La Porte
Phnninp; & Zo~ Commission
(Type of Meeting)
Scheduled for
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JAN Ifb 8 2007
~d 18, 2007
ate 0 Meeting)
PL{{NNING DEPT.
to Consider
Special Conditional Use Permit (SCU# 07-001)
(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 OPPOS to granting this request for the following reasons:
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City, State, Zip
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Bayport North Industrial Park II
Exhibits
A. Staff Report
B. Area Map
C. Plat
Staff Report
January 18, 2007
Bayport North Industrial Park II
Request:
Approval of Preliminary & Final Plat
Requested Bv:
Bob Klassen
Requested For:
187.6711 acres ofland out of the William M. Jones Survey, Abstract 482,
Harris County, Texas.
Location:
Bayport Industrial District (La Porte ETJ)
Underwood Road @ Fairmont Parkway
Baclmround:
The applicant is platting 187.6711 acres ofland into six restricted reserves
for an industrial park to be known as Bayport North Industrial Park II at the
southeast comer of Fairmont Parkway and Underwood Road in the Bayport
Industrial District. The park is located 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.
Analvsis:
Land Use - The owner/developer plans to develop the tract for
business/industrial uses.
Streets - The developer will construct streets as per project layout submitted
and all streets will be 41' wide concrete, curbed and gutters constructed to
Harris County standards, to be dedicated and maintained by Harris County
as well. All businesses in the industrial park will have access from their
building sites to these internal streets with no direct access to Fairmont
Parkway.
The Comprehensive Plan classifies Underwood Road as a Primary
Arterial, which has four lanes divided with Rights-of-way capacity that
allows for addition of two lanes. The Thoroughfare Plan proposes
extension of Underwood Road into extraterritorial jurisdiction. The plat
shows existing 50' Right-of-way and 98' wide ingress and egress
easement for the widening of future Underwood Road to an ultimate 150'
Right-of-way. Underwood Road shall be improved to a four lane roadway
separated by grass median and maintenance shall not be responsibility of
the City of La Porte.
Traffic Study - A traffic study has been initiated by a traffic consulting
service, to determine the required signalization and lane improvements at
Fairmont Parkway and Willmont Drive. The results of this traffic study shall
be coordinated with Harris County and the City of La Porte upon
completion. However, on-site traffic research has been completed, and
analysis of the data is being compiled.
Bayport North Industrial Park II
1118/07 - P & Z Meeting
Page 2 of 4
Traffic Signals - Traffic signalization will be constructed at developer's
expense at the intersection of Fairmont Parkway and Willmont Drive in
accordance with the outcome of the aforementioned study, approval of
Harris County and the City of La Porte.
Utilities - The City has limited water and wastewater service for domestic
use, landscape irrigation, fire protection with no process water to offer to
this project. An Industrial District Agreement (IDA) will need to be
developed which establishes the City's commitment for utility services
and the developer's commitment for other infrastructure improvements in
accordance with the Public Improvement Criteria Manual (PICM).
Water mains will be constructed at the developer's expense and in
accordance with the specifications of the City of La Porte. 12" and some
portions 8" waterlines will be laid out in the dedicated easements adjacent to
the street rights-of-way with fire hydrants spaced as per City's Fire Codes.
All waterlines shall be constructed in accordance with a Utility Extension
Agreement (UEA) and dedicated to the City upon completion. The City will
provide service taps/meters as per standard policy on water services outside
of the City limits or Industrial Districts.
Storm Water/Drainage System - Storm drainage/detention systems will
connect with the regional systems in accordance with the policies of the City
of La Porte and Harris County Flood Control District. Bayport North
Industrial Park II is part of the land area included in a master planned
drainage district that provides Harris County approved storm water detention
capacity for an overall land area of347 acres south of Fairmont Parkway. A
copy of drainage study, development permits, and a copy of detention
system construction plans approved by Harris County have been submitted
by the applicant. In addition, storm water quality features have been
constructed to control floatable debris that enters the detention system in
accordance with the requirements of Harris County. Maintenance and
operation of the detention system will be responsibility of the drainage
association of the Park.
Landscape Easement - A 50' wide Exxon Pipeline Company Easement
is located along the south side of Fairmont Parkway and adjacent to an
existing 50' wide natural vegetation area. This 50' natural
vegetation/landscape area will provide a reasonable amount of visible
screening of the industrial park. The developer has planned approximately
140 clumps of trees and native plants to this vegetation area. By using
natural vegetation or visible screen, the area will have the same
appearance as the land located east of the industrial park. In addition, an
irrigation system will be installed to provide watering of this area. A 10'
wide Pedestrian Easement shall be dedicated to the City of La Porte
through the entire length of this area for the development of a hike and
bike trail along Fairmont Parkway.
Bayport North Industrial Park II
1/18/07 - P & Z Meeting
Page 3 of 4
Utility Easements - A 10' wide waterline and a 15' wide sanitary sewer
easement are 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.
Deed Restrictions/Protective Covenants - Covenants, conditions, and
deed restrictions (CCRs) with regards to the ownership, maintenance, park
configuration, street pattern, and common area locations are same as for
existing Bayport North Industrial Park located at the southwest comer of
Fairmont Parkway and Underwood Road. A copy of recorded covenants
have been submitted to the City.
There are two types of land uses proposed for this industrial park. The
plat identifies one as Low Intensity Industrial Use (LUU) adjacent to south
side of Fairmont Parkway along with balance of industrial park to the
south. LUU allows less intense industrial uses due to proximity of
residential area and school to the north across Fairmont Parkway. The
nature of low intensity uses will be more or less like the uses permitted in
business and light industrial zoning districts of the City of La Porte. The
permitted uses by area of the park shall be based on Standard Industrial
Classification (SIC) codes adopted by the City of La Porte Code of
Ordinances. A list of permitted land uses by description of business and
SIC code in each of land areas is an exhibit to the protective covenants.
Extraterritorial Jurisdiction (ET J) - 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 Division/Engineering
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 provisions 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 rights-of-way in compliance
with Section 106-444(a) of the Ordinance.
Bayport North Industrial Park II
1/18/07 - P & Z Meeting
Page 4 of 4
. Traffic Impact Analysis, signalization, and turning lane plans for the
intersection of Willmont Drive at Fairmont Parkway shall be
submitted to the City upon completion.
. 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.
. Add a note on the plat that detention/drainage system maintenance
shall be responsibility of the Park's Drainage Association.
Workshop
Public Hearing Notice
(200'Perimeter)
Exhibits
A. Staff Report
B. Power Point Presentation
C. 200' Area Map
Staff Report January 18, 2007
Notice of Public Hearing 200' Perimeter
Backe:round:
During the January 8, 2007, meeting, City Council directed staff to consider the notice of
Public Hearing 200' rule procedure required for notifying property owners for proposed
changes of classification or amendments to the Zoning Ordinance. At the December 11,
2006, Council meeting, some concern was voiced over the public notification procedures
used during the process for the proposed rezone of property along Canada Road. While it
was noted that Staff used the procedures mandated by current State Law and City
Ordinance, the issue of the 200-foot mail-out for properties surrounding a proposed
rezone was raised by the residents ofthe adjacent properties.
Existine: ReQuirements:
Current City Ordinance and State Law 211.007 (c) requires before the 10th day prior to
the hearing date, a written notice of public hearing before the Commission on a proposed
change in a zoning classification shall be sent to each owner, as indicated by the most
recently approved municipal tax roll, of real property within 200 feet of the property on
which the change in classification is proposed. The notice may be served by its deposit in
the municipality, properly addressed with postage paid, in the United States mail.
Analvsis:
The power point presentation shall outline the issue in regards to State Law, City
Ordinances and some history gathered by Staff as to notification and response ratios in an
effort to solicit guidance and direction from Council as to any modifications to the
notification process that they may deem necessary. As a reminder, a general rule is that
City Ordinances may be more strict than State Law but not more lenient or in conflict;
and all proposed modifications to the procedures as outlined in Chapter 106 (Zoning)
must be directed to the Planning and Zoning Commission for a preliminary
recommendation before being heard by Council.
Sue:e:ested ReQuirements:
While keeping 200'rule intact, the Commission may consider the following measures:
. A sign, shall be posted at the property on which the change in classification is
proposed, at least fifteen days before the date of the hearing specifying the, time and
place of hearing.
. Contact area representatives to discuss change in a zoning classification.
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Planning & Zoning Commission
January 18, 2007
Page 2 of2
· Arrange courtesy call to neighboring property owners or contact homeowner's
association if abutting residential district.
· The applicant shall pay all the public hearing costs.
Conclusion:
Municipalities can amend zoning ordinances according to procedures established in the
enabling act. The Standard Zoning Enabling Act requires notice of public hearing to
property owners within 200 feet of the affected land. States and municipal jurisdictions
ensure to meet with the statutory requirements for legislative adoption. The City's annual
budget set aside for postage to cover mail-out and notification procedures for the
Planning and Engineering Divisions of the Planning Department is $1,300. Any
proposed increase or modification to the 200-foot mail-out would, therefore, affect the
budget proportionally and contrary to the statutory obligation.
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TEXAS LOCAL GOVERNMENT
CODE 2006 EDITION
I I
. SECTION 211 ~006 8.: A regulation or
boundary is not effective until after a
public hearing on the matter at which
parties in interest and citizens have an
opportunity to be heard. Before the 15th
da,! before the date of the hearing, notice
of time and place of the hearing must be
published in an official newspaper or a
newspaper of general circulation in the
municipality.
TEXAS LOCAL GOVERNMENT
CODE 2006 EDITION
. SECTION 211.007 c. Zoning Commission:
>>- "Before the 10th da'l before the hearing date,
written notice of each public hearing before
the zoning commission on a proposed change
in a zoning classification shall be sent to each
owner, as indicated by the most recently
approved municipal tax roll, of real property
within 200 feet of the property on which the
classification is proposed."
>>- NOTE: A SCUP is considered a change to the
zoning ordinance.
City Code of Ordinances
Chapter 106, Zonin
. Section 106-171 Amendment Procedures.
~ Before taking any action on any proposed
amendment, supplement, change, or
modification, the city council shall submit
the same to the city planning and zoning
commission which shall make a
preliminary report and hold a public
hearing thereon before submitting its final
report to the city council.
City Code of Ordinances
Chapter 106, Zonin
. Section 106-171 Amendment procedures.
~ 106-171 (2). Notice of public hearing before
the city planning and zoning commission.
Written notice of all public hearings before
the paz on proposed changes in
classification shall be sent to owners of
real property lying within 200 feet of the
property on which the change in
classification is proposed, such notice to
be given not less than 10 daU before the
date set of hearing, to all owners...on the
last approved city tax roll...
City Code of Ordinances
Chapter 106, Zonin
. Section 106-171 Amendment procedures.
~ 106-171(2) (con't) .: At least 15 days notice of the
time and place of such hearing shall be published
once in a newspaper of general circulation.
~ 106-171 (3): Publication of notice. In the event a
public hearing shall be held by the city planning
and zoning commission in regard to a change to
this chapter not involving particular property but
involving a change in the chapter generally, notice
of hearing shall be given by publication in a
newspaper.. .15 days from the day of such
publication
City Code of Ordinances
Chapter 106, Zonin
. Section 106-171 (5) Public hearing before
city council. Upon receipt of the written
recommendation from the P&Z.. .(within 30
days)...a public hearing shall be held by
city council before adopting any proposed
amendment. . . Notice.. . by pu bl ication. . .
hearing shall not be earlier than 15 days
from the day of such publication.
City Code of Ordinances
Chapter 106, Zonin
. Section 106-194. Notice of public hearing
before the board of adjustment. The
notice of public hearings provided for in
this section shall be given by publication
once in a newspaper of general circulation
stating the time and place of such
hearings, which shall not be earlier than
ten (10) days from the date of such
publication, and...shall mail notices of
such hearing to the petitioner and all
owners of property lying within 200 feet...
Actions Requiring I5-Day Public
Notification (Publication)
. Amendments, Supplements or
Modifications to the Zoning Ordinance
(P&Z and City Council).
. Rezone Requests (P&Z and City Council).
. Special Conditional Use Permits (SCUPs)
(P&Z and City Council).
. Changes not involving a particular
property but the chapter in general (P&Z
and City Council).
I
Actions Requiring to-Day Public
Notification (Publication)
-Appeals (ZBOA).
I
-Variances (ZBOA).
- Special Exceptions (ZBOA).
Actions Requiring to-Day Public
Mail-out (200 Foot Rin
. Rezone Requests (P&Z only).
II Special Conditional Use Permits
(SCUPs) (P&Z only).
II Variances (ZBOA).
II Special Exceptions (ZBOA).
Actions Requiring Special30-Day Published
Notification and Public Mail-out (200 Foot Ring)
I
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. Extended Useful Life and Termination
(ZBOA Section 1 06-266).
. Application For Exemption From Extended
Useful Life Requirement (ZBOA Section
106-265).
. Revocation of Nonconforming Use Status
(ZBOA Section 1 06-267).
MAILOUT HISTORY
PLANNING ZONING COMMISSION
2006 PUBLIC HEARINGS
Special Conditional Use Permit (SCUP)
06-001 06-002 06-003 06-004 06-005 06-006 06-007
Mailout 9 6 6 6 6 6 6
Response 0 0 0 0 0 1 0
Returns 2 2 1 2 1 1 1
Present 1 0 0 0 0 2 0
Rezone Req uest
06-001 06-002 06-003 06-004
Mailout 12 12 18 41
Responses 1 1 3 1
Returns 2 2 0 2
Present 1 4 3 0
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