Loading...
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 )...6.. p(),..+-.~ 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 NOTE: Use the TAB key to move from field to field NOTE: Sort buttons will onlv work if macros were "enabled" when the workbook was opened. ***) Chapter Name L A PORTE HS FFA $2.00 of national dues used fortheFFA New Horizons magazine. I....... . I I Status* [AR~~ 'AR AR AR .AR 'AR AR .AR AR AR AR FFA ID# '. ..'.. . ..... Memb Type* Last Name* ..iM 1M 1M 'M 'M ,M M lM M :RANKIN ~~ '''~J~Qpj~~iQY~~" ~m : SEXTON SHAW " " ~~, 'STRATTON ,- ,-~ SYLVEST . TIBBETTS i\v ALDINCi' ..:~APALAC 'RANKIN [DUFFEY 1M 1M .... .~. . : ...... '" ~ ",I .........-..-... : First Name* _. jDERRICK IMELISSA . . .' ! KATHEMm n 'lIZATHERiNE ~--~,.. -q' . I S~BLE . .. j TENILLE jDY!:AN iAMBER lABBY 'iJESSICA I JACOB ~,-^+---~._" ,~- , I +-~~" ,,-,,~,,-""~~^- q . .'. .' ..-q. . . .. : Middle Name Suffix Address* 111006 N. P. ST. r "'r:~ PARK .. .'~..==Jm~KU LJ~KS LN. 5017 UK. 503 _~n" ~'~,n., 3705 PECAN 3425 3111 "IT \lPll 1314.WlNDLEAF DR. ..~<. ...:. '.. . , I...~ .. I~irth IEthnic*1 City* ST* Zip* Gender* Grade* Date ^ Pf'lllTP ..~~~S~~i M '09 15/9/1992 npPll PAll'll' l' .,~~- l 7757i 112 15/30/1989 A Pf'lllTlI< F ' "'~-, ......., ' 'u_ ",', rm, ..109 i 12/27/1991 ITX 77536 F .............,: 1 j 5/26/1989, tTX 77571 F ill : 12/14/1989 .LAPORTE !TX 77571 "'1' 12 : 9/1 5/1988 LA PORTE X ~~.~~.~. ........"... M 09 .11/25/1991 .~ PORTE X 77571 ..,.... F 111 ,9/20/1989 ,~g~1:E -", X 77571 . ...I.F "",.",.... 10 11/1/1990 PORTE ri' 77571 If.. 09, ,4/30/1992 lAPORTE" TX 77571 1M 10 : 1/3/1990 , ,< '.. <. 'I' , , , I.." ..~ ... ..). ,,' , ,,< i .. ..< : , .... . NOU 17 2003 11:03 FR WELLS FARGO HOME MTG ..---- TO 912814873523 r, P.04 . . I I 00 6 NOR T H PST R. E E T 60 R.O.W. p. O.B\ E A S T ' @ ".,..., 96.80 o 1--"--l?r-f'-l~ ;01 / t"; " ( "'",- ( ;"., ',," J -......,. FIR / I .:~~,' ~ FIR 1/2" (r, 1/2" i ~L.{. \ ~ '1 -\" \ f~. .,. . ~J.:9 . '/ 1 "[Sf'. J I I I 'i, . ~; : I i I '," ,-.-,..__.,-" '. :; ..4, 'I oQ , 5 tory -__!' 1___ metal building 11-0f....~~1 B4t'1) ~ I .l,~ i . ~-<._, ~__J ~ l~C.o;uo. ! J "_ ~ f ~-.II"-"; I ,I I I Part of '" 0 I;outlot "'0 o I 394 0 o '.9333 0 ~ acre I'- cD CC PO,C, Part of Outlot 394 SE.E DETAIL ------ J'Wo~ fd' c '_ __"s.~ -;.L-- jJ ; \'\ ~ 1 Stor'y :: Brick & Frame .s ~~ ';.: rl' \-., .r~ ': . l . :.... i~'l Rl\n\~~t -;) Ch1 b'J' rl G. BuV A James M. Snider and, Sandra B. Snider O!:SCRIUeo rnOPE1HV .:. l1.J -.10 <! ('J u--;: en - " .,' Part of Outlot 394 -1/---- 61Wood Fences ", '~., ','/ 4'wire Fences .;- ", -~--- 41Chain Link Fences 4 · wood' Fences -;, I fI ~ ;1; ~I il~ ; r I ~ , ~~ j'J A=East 96.80' ~ / !I . I r:~~ll! ~.4; /~ ,,/7 FIR I L~:J ~.j" c;:?p.m,.,cr<F'0~-r~-<-- 1 /2~.,LnJ,/f~2"~"'-h UL-o W'E 5 T I 95.60 .... ,I ..~. ",' ;.. .... ";;." 11006 North P street " A 1.9333 acre tract of land, more or less, out of LA PORTE OUTLOT I I A Meeting of the La Porte Phnninp; & Zo~ Commission (Type of Meeting) Scheduled for ')E. f'\&>'t """fl"'I 14,..i htlL..ll 11, ~ ~,~ ~.~ ~ L_\.. t. v ,_c= 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: . ~ lLCc,Q[ ~~) PDQV' bo.-r[IV fY"\Q;~ <t<2.V1a V1,C-c~) 'S\Yle.-ll.) !nD\~~)d~'(R..~~'-b~n e-t' Plbpe-r'i'i \Ja[L.l~S F1 L~ S \ lJ.{AS,oLA t-~ Q (' L-J <2.DVld l'-t ;:ay! 'S 64 rr-1.,c.J < '%. m\: 1'-\ ~ ~printL, . {~~~ Signature I 00 =?:. 0 N.. A-v ~ P Address La PD (,-t~, " x:.. -Z (<:;7 , City, State, Zip ~HH1H \~ 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. ~....:;YHH1f'"1; t ,. ... .-il~ {! k 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. ~t'--- og =~ 0000 ~~ ~~ 0< ~~ NZ ~< ~~ z o - t- <C o - !:!:cn t-w 00::: z::) C)C ZW -0 0:::0 <CO::: Wa.. ~ o - ...J In ::) a.. ',"'3ft. ? r'J.. : " ,. f' t ~ ~)(H. ,) 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 I I . 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 ~ -~ ~ ~ PAWNEE DRIVE .?O.? $ ~lo SI::JSfo "--- ~--r---~- ---- --- (:; '\,<::i fJ(Jc,fJ A~ wlw W W W W W W W~ 9426 9425 9414 9417 WI ">) I::JSfo {j ~~~~~ lJ1 lJ1 .s:- ~ fo~"\~\ OS' 0 0 ~ 206 <1 '<i lJ1 ~ -.J W ...0 lJ1 ~ -.J 9428 9505 9510 ~ 211 c,b ~\C,6 9421 W W W W W W W ~ \I\' W w W a- -- ( w a- a- a- a- a- a- a- a- a- .s:- 9502 0 \ a.. ~ ~ ~ N N W W W 9500 9501 9501 9514 I 0 C> <::> .s:- a:> N - 215 L~S6 a- 00 N a- 0 .s:- i~S6 N - f 214 0 - DESERT RUN DRIVE 9510 9509 9518 95 ~ ~ ) ~OS6 g~S6 ;;0 ------- :r: - I c ~OS6 9502 9501 lOS6 l'l 9510 l'l 9509 9510 9509 VI l> OJ l'l 1~ 22) -I lOS6 VI S056 -n rrl l> 9521 l> ;;0 - 9522 l'l ;...... : 1/ , 9513 , 9513 -I 0 ~ 0 -n 9530 r i ~25 9056 \' -JV-JV uv UV'" 'v-'v 0 6056 l> rTl 1 ~ t;j ~ 9526 ~ EAST DESERT"QRIVE 0 9518 ""'Illi ~ 9c ~ VI ~i13 -I - ~~ , 9521 -I 9530 -I 9 I 0 9530 I ;;0 9529 h AWwww~w w w W 6{S' \.. '21 r - ~ W a- a- a- a- a- a- a.. <Jj l> 0 ~ a-<::>~~NNN W a- a- Z l> 9533 ,,<::i ~ 1\...0 W -.J ~ lJ1 \...0 W W .s:- rTl i-- 953l 0 -.J -" 9524 9538 0 9522 9525 9525 rrl \ \ I-- -I 9602 9601 40' H.CF.C.O. ESMT r " O' H.C.F.C.O. ESMT. rrl I-- Z 0 '-- C~ NDALL RO ~ -I 9605 r 0 0 9606 0 ;;0 z -< 96~ L..1 - 9609 0 9604 9605 601 9602 \J rTl 0 ~ - 0 9610 VI fT1 - Z rTl VI 9606 9-,r " 9605 0 9613 ;;0 fT1 """"'II 9606 9614 -I ;;0 - ;;0 -I 9610 9609 ~ 10 613 9610 9617 0 ~ 9618 l> l> 96~ ~ 613 Ojlo 0 -< 9614 9617 9614 6< ~ 9622 9621 Oi - ~ ~ 9625 9618 - 9618 ~ '0 9626 Oi 0\ \0 9616 w 0\ 9629 9622 9625 9626 9621 () (;::> W ~r -I:'-- 9630 9625 9628 9626 '0, SPRINGS 9633 9626 9625 DR. W W 9625 9632~ 9630 ~ '0 9637 ...0 a- 9634 ~ 0\ \0 ...0 ~ 0 0 ~ 0\ a- 0 0 9634 w .s:- ~ 9633 9634 9633 '-I ....... 9641 , UNDERWOOD ROAD J W \ ~'v1 ...0 ...0 '-D ...0 ...0 ~ W W W W W Ci{!lo 'J W W W W W W W W W lJ1 -.I -.I -.I -.J -.I W \.JJ ~ a- a- a- a- a- a.. a.. lJ1 ~ \J1 <::> 0 ~ G:; -.I -.I -.I -.J -.I -.I -" ~ ~ ~ ~ ~ c::::. (,><v " ~ <::> <::> C> ....... N ....... ....... ....... 0 0 ~ N a:> ~ 0 .s:- o ~\ a.. N W -.J ~'vlo ex> .s:- o a- N N ~ ~ MAPLEWOOD DRIVE 9722 \t\..Q 9722 9723 ~ 9722 9723 9722 9723 9722 9723 9722 9723 9714 9715 J .9722 tlL6 ~ 9726 9727 9726 9723 9726 VI ~ 9726 ;;0 9727 9726 ;;0 9727 9726 0 9727 CD l'l 9727 9718 -I 9719 9726 0 9727 c c l> l> :r: 9727 ~ 0 0 VI VI ^ 9730 9731 l> 9730 z < -I 9731 ;0 9730 , fTl 9130 9131 9130 -I 9131 9730 3: 3: ;;0 r 9131 9722 9723 9730 fT1 9131 n 0 3: 9131 3: 3: ;;0 ~- l'l 9134 0 9735 9134 0 I "T1 Cl q/14 z z 9734 0 0 z :r: ".,..,r -I 9735 -I z z 9735 9726 -I 9727 9134 9735 "T) 0 07":lO -I 9735 9738 -I r r ~ QT=!1 q7i8 ;;0 9139